Agenda packet — Berkeley City Council, December 5, 2023 (part 1 of 2)

Tuesday, December 5, 2023 REVISED AGENDA Page 1

R E V I S E D AG E N D A
( A D D E D C O N T I N U E D I T EM F R O M N O V E M B E R 2 8, 2 0 2 3 )

BERKELEY CITY COUNCIL MEETING
Tuesday, December 5, 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 . If you are feeling sick, please do not attend the meeting in person.

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

Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this UR L: https://cityofberkeley- info.zoomgov.com/j/1612629119 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: 161 262 9119. 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.

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 549 53 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 public participation may be addressed to the City Clerk Department (510) 981-6900. The City Council may take action related to any subject listed on the Agenda.

Pursuant to the City Council Rules of Procedure and State Law, the presiding officer may remove, or cause the removal of, an individual for disrupting the meeting. Prior to removing an individual, the presiding officer shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The presiding officer may then remove the individual if they do not prompt ly cease their disruptive behavior. “Disrupting” means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, a failure to comply with reasonable and lawful regulations adopted by a legislative body, or engaging in behavior that constitutes use of force or a true threat of force.

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Tuesday, December 5, 2023 REVISED AGENDA Page 2
Preliminary Matters
Roll Call:

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

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

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

Public Comment on Non-Agenda Matters: Persons will be selected to address matters not on the Council agenda. If five or fewer persons wish to speak, each person selected will be all otted 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 t he 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.

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.

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Tuesday, December 5, 2023 REVISED AGENDA Page 3
Public Comment on Consent Calendar and Information Items Only: The Council will take public comment on any items that are either on the amended Consent Calendar or the Information Calendar. Speakers will be entitled to two minutes each to speak in opposition to or support of Consent Calendar and Information Items. A speaker may only speak once during the period for public comment on Consent Calendar and Information items.

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

Consent Calendar

1. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on December 5, 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: Sewer Fund - $600,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300

2. Contract No. 32000060 Amendment: Toshiba Contract for Multi-function Devices
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend the City’s contract with Toshiba (City Contract #32000060) through September 15, 2025, and to approve additional appropriations related for performance of this contract.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

3. Contract: Intterra for Operations, Pre-Planning, Reporting, and Analytics From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee(s) to enter into a contract and any amendments with Intterra by piggybacking on City of San Diego Contract Number No. 10089896-22-W. The contract will be effective December 18, 2023, through September 30, 2028, the end date of the contract with San Diego, in an amount not to exceed $272,029. Following an extension approved by the City of San Diego, the contract may be extended for up to an additional five (5) years at a cost not to exceed an additional $300,000.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
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Consent Calendar
Tuesday, December 5, 2023 REVISED AGENDA Page 4

4. Memorandum of Understanding: Berkeley Fire Fighters Association From: City Manager
Recommendation: Adopt a Resolution
1) approving a successor Memorandum of Understanding (hereafter referred to as “MOU”) with the Berkeley Fire Fighters 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 BFFA classifications (Representation Unit B) that implement the salary adjustments reflected in the new MOU and supersede prior salary resolutions.

The terms of the proposed 2023-2026 MOU are within the parameters of authority approved by Council in closed session.

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

5. Contract No. 32000281 Amendment: ConvergeOne for Avaya Administration, Maintenance and Support.

From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32000281 to increase the spending authority with ConvergeOne (previously named Integration Partners) for Avaya telephone system administration, maintenance and support services increasing the amount by $825,811 for a total not- to-exceed amount of $1,718,633 from July 1, 2020 to June 30, 2025.

Financial Implications: See report
Contact: Kevin Fong, Information Technology, (510) 981-6500

6. Contract No. 32000008 (11012) Amendment: Granicus, Inc. for Video Streaming Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32000008 with Granicus, Inc., to continue providing live video streaming, on-demand archival video, podcasting, and web page subscription services, increasing the contract amount by $115,300 for a total not-to-exceed amount of $322,946 from July 1, 2017 to June 30, 2025.

Financial Implications: See report
Contact: Kevin Fong, Information Technology, (510) 981-6500

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Consent Calendar
Tuesday, December 5, 2023 REVISED AGENDA Page 5

7. Grant Contract: Housing and Urban Development (HUD) for the MLK Youth Services Center Seismic Upgrade Project
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to accept the HUD grant for the MLK Youth Services Center Seismic Upgrade Project in the amount of $750,000, 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: Revenue - $750,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

8. Donation from the Friends of the Berkeley Rose Garden From: City Manager
Recommendation: Adopt a Resolution accepting a cash donation from the Friends of the Berkeley Rose Garden in the amount of $5,000 to purchase roses and maintenance yard fence screening for the Berkeley Rose Garden.

Financial Implications: Revenue - $5,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

Council Consent Items

9. Thirteenth Annual Martin Luther King Jr. Celebration: City Sponsorship and Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Fund
From: Mayor Arreguin (Author), Councilmembers Hahn and Wengraf (Co- Sponsors)
Recommendation:

1. Adopt a Resolution co-sponsoring the 13th Annual Martin Luther King Jr.

Celebration on January 15, 2024.

2. Adopt a Resolution approving the expenditure of an amount not to exceed $250 per Councilmember including $250 from Mayor Arreguin, to the Berkeley Rotary Endowment, the fiscal sponsor of the 13th Annual Martin Luther King Jr. celebration, with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Mayor Arreguin and any other Councilmembers who would like to contribute.

Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100
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Council Consent Items
Tuesday, December 5, 2023 REVISED AGENDA Page 6

10. Nancy Skinner Municipal Pier Resolution
From: Councilmember Taplin (Author) and Kesarwani (Co-Sponsor) Recommendation: Refer to the Parks, Recreation, and Waterfront (PRW) Commission a Resolution renaming the Berkeley Municipal Pier in honor of State Senator Nancy Skinner (D-Berkeley) upon its reopening to the public and authorizing the City Manager to update signage and electronic media accordingly; and to return Resolution to Council for final consideration.

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

11. Budget Referral: Refer $273,341 to the November 2023 AAO #1 to Pre-fund the Green Building Program Manager on Permanent Basis
From: Councilmember Harrison (Author)
Recommendation: Refer $273,341 to the November 2023 AAO #1 to pre-fund the Green Building Program Manager position before it expires and thereafter fund it on a permanent basis.

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

Action Calendar
The public may comment on each item listed on the agenda for action. For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again during one of the Action Calendar public comment periods on the item. Public comment will occur for each Action item (excluding public hearings, appeals, and/or quasi-judicial matters) in one of two comment periods, either 1) before the Action Calendar is discussed; or 2) when the item is taken up by the Council.

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

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

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

Action Calendar – Scheduled Public Comment Period
During this public comment period, the Presiding Officer will open and close a comment period fo r each Action item on this agenda (excluding any public hearings, appeals, and/or quasi -judicial matters). The public may speak on each item. Those who speak on an item during this comment period may not speak a second time when the item is taken up by Council.

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Action Calendar – Continued Business
Tuesday, December 5, 2023 REVISED AGENDA Page 7
A. Refer to the City Manager to Enhance the City’s Deconstruction and Construction Materials Management Enforcement and Regulations and Refer to the AAO #1 Budget Process $250,000 for Social Cost of Carbon Nexus Fee Study for Berkeley Origin Construction and Demolition Debris (Reviewed by the Facilities, Infrastructure, Transportation, Environment & Sustainability Committee) (Continued from November 28, 2023)
From: Councilmember Harrison (Author)
Recommendation:

1. Refer to the City Manager to review and develop enhanced and enforceable City deconstruction and materials management regulations, including the following elements: a. Review of national and international best practices for regulating deconstruction, diversion, recycling, and reuse of construction and demolition materials; b. Integrate deconstruction and construction and enhanced demolition debris management, tracking, and regulation into the Department of Public Works’ Zero Waste Strategic Plan and Transfer Station upgrade as appropriate; c. Policy options for (1) enforcing minimum State diversion and recycling requirements, (2) new deconstruction requirements applicable to all permitted Berkeley projects including defining specific building components that are potentially reusable and requiring an enforceable salvage survey provided by the City, a reuse organization, or other third party approved by the City, (3) potentially implementing a social cost of carbon fee on construction and demolition debris, (4) possible enhancements to minimum statewide diversion goals, (5) comprehensive tracking of the disposition of construction and demolition materials, (6) enhancing diversion from un-permitted projects, and (7) integrating salvageable material into developer project planning and budgeting process and permit application plan set (as opposed to at time of final permitting). d. Background survey on contents of existing building stock to get more data on intended impact and opportunities regarding new deconstruction requirements; vetting of existing service providers (certified salvage contractors and salvage material vendors), markets for salvage materials, a list of approved reuse/salvage facilities; a plan for educating contractors on requirements; and an analysis of the costs of compliance with and implementation of any proposed regulations and analysis of any corresponding impacts on feasibility of new construction.

2. Refer to December 2023 Budget AAO #1 Process $250,000 to conduct a nexus fee study (using the latest academic research, updated damage functions, and low discount rates) for a potential social cost of carbon fee to be applied e.g., to the impact of displacing existing embodied carbon (landfilled construction and demolition debris) and replacement with new embodied carbon. The purpose of the fee is to incentivize reuse and deconstruction, minimize demolition, maximize useful embodied carbon, and fund the City’s ongoing green building work and services.

Policy Committee Recommendation: To refer the revised agenda material with a positive recommendation to Council with the following revisions to the recommendation:

1. Section C.3 to read as follows: “potentially implementing a social cost of carbon fee on construction and demolition debris”.

2. Section D to read as follows: “Background survey on contents of existing building Rev - Page 7
Action Calendar – Continued Business
Tuesday, December 5, 2023 REVISED AGENDA Page 8
stock to get more data on intended impact and opportunities regarding new deconstruction requirements; vetting of existing service providers (certified salvage contractors and salvage material vendors), markets for salvage materials, a list of approved reuse/salvage facilities; and a plan for educating contractors on requirements; and an analysis of the costs of compliance with and implementation of any proposed regulations and analysis of any corresponding impacts on feasibility of new construction.”
Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140

Action Calendar

12. Budget Referral: Allocate the Existing $900,000 Transportation Network Company (TNC) Tax to Calm Traffic in Vicinity of Derby St., Increase Citywide Traffic Calming Budget, and Establish Ongoing General Fund Allocation Policy for the TNC
From: Councilmembers Harrison (Author) and Taplin (Co-Sponsor) Recommendation: Designate existing $900,000 FY 2024 Transportation Network Company (TNC) Tax allocation as follows:

1. $100,000 in short, medium, and long-term traffic calming measures in the vicinity of 2023 Halloween Derby St. hit-and-run incident involving a minor to include speed tables, highlighting designation of crosswalks, and consideration of a stop sign on Mabel at Carleton and Derby.

2. $25,000 to purchase five additional portable speed radar trailers bringing the City’s total to seven for targeted traffic calming; and

3. $325,000 to increase the citywide Traffic Calming Budget on a one-time basis to $400,000 (up from the current $75,000); and

4. $450,000 to citywide to fund: a. tier 1 protected bicycle lanes and crossings identified in the 2017 Bicycle Plan, including but not limited to quick-build projects; and b. priority pedestrian street crossings identified in the 2020 pedestrian plan, including but not limited to quick-build projects; and c. priority quick-build public transit projects under the Street Repair Program; and

5. Refer to City Manager and Budget staff to establish an ongoing General Fund policy of allocating 50% of annual TNC Tax revenues to a citywide traffic calming budget and the remaining 50% to tier 1 bike/pedestrian/transit priority projects as specified under 3. a-c.

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

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Action Calendar
Tuesday, December 5, 2023 REVISED AGENDA Page 9

13. Reimagining Public Safety Status Report
From: City Manager
Recommendation:

1. Review and discuss the provided status report from the City Manager with the goal of demonstrating transparency and facilitating informed council discussion towards the advancement of the Reimagining Public Safety initiative in Berkeley.

2. Provide comments on the Gun Violence Prevention program model report for Berkeley with the goal of facilitating informed council discussion.

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

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 restrictio ns apply:
1) No lawsuit challenging a City decision to deny (Code Civ. Proc. §1094.6(b)) or approve (Gov. Code 65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90 -day period will be barred. 2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or some one else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.

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

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

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

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

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 Rev - Page 9

Tuesday, December 5, 2023 REVISED AGENDA Page 10

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, assisted listening devices for the hearing impaired are available from the City Clerk prior to the meeting, and are to be returned before the end of the meeting.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on November 30, 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.

Safer Streets and Sidewalks

1. Jason Warriner

2. Carol Hirth

3. Barbara Gilbert

4. Shirley Kirsten

5. Virginia Browning

6. Jose Oliveira

7. Ben and Laurel Kuchinsky

8. Eliot Walker

Ashby BART

9. Vincent Casalaina (2)

Burned RV

10. Chris Saulnier
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Waterfront

11. Ginger Ogle

Golden Gate Field Horses

12. Nan McGuire

Chess Club

13. Jesse Sheehan (2)

Press Release

14. Office of the Director of Police Accountability

Unhoused Crime

15. John Caner, on behalf of the Downtown Berkeley Association

Street Lighting

16. Brian Barsky

EBMUD Paving

17. Greg Couch

18. Y’Ariad Burrell, on behalf of EBMUD

Household Occupancy

19. Leilah Dozier
Full Marathon

20. Annie Barrows

Hard Hats Ordinance

21. Cody Strock

Officer Marble

22. Diana Bohn

Rent Board

23. Barbara Gilbert

Council Meeting Disruption

24. savebtown@

Gilman and Marin Street

25. Steve Mellinger

Israel and Palestine

26. Azam Javed

27. Almira Tanner
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Tuesday, December 5, 2023 REVISED AGENDA Page 12

28. Sarah Naameh

29. Sarah Khan

30. Mona Masri

31. Sandra Nasser

32. Sophia Mottershead

33. Hamza Kundi

34. Mary-Lee Kimber Smith

35. Debbie Tuttle

36. Michael Fullerton

37. Barbara Erickson

38. Nohely Melenciano

39. Lilyana Hudson

40. Tirzah Riley

41. Laila Hamidi

42. Christina Harb

43. Noah Ahmed Surti

44. 55 similarly-worded form letters (Resolution)

45. 169 similarly-worded from letters (Ceasefire)
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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Kate Harrison
Councilmember, District 4
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● TDD: (510) 981-6903 ● Fax: (510) 981- 6903 E-Mail: [email protected]

ACTION CALENDAR
December 5, 2023
(Continued from November 28, 2023)
To: Honorable Mayor and Members of the City Council
From: Councilmember Harrison
Subject: Refer to the City Manager to Enhance the City’s Deconstruction and Construction Materials Management Enforcement and Regulations and Refer to the AAO #1 Budget Process $250,000 for Social Cost of Carbon Nexus Fee Study for Berkeley Origin Construction and Demolition Debris

RECOMMENDATION

1. Refer to the City Manager to review and develop enhanced and enforceable City deconstruction and materials management regulations, including the following elements:
a. Review of national and international best practices for regulating deconstruction, diversion, recycling, and reuse of construction and demolition materials; b. Integrate deconstruction and construction and enhanced demolition debris management, tracking, and regulation into the Department of Public Works’ Zero Waste Strategic Plan and Transfer Station upgrade as appropriate; c. Policy options for (1) enforcing minimum State diversion and recycling requirements, (2) new deconstruction requirements applicable to all permitted Berkeley projects including defining specific building components that are potentially reusable and requiring an enforceable salvage survey provided by the City, a reuse organization, or other third party approved by the City, (3) potentially implementing a social cost of carbon fee on construction and demolition debris, (4) possible enhancements to minimum statewide diversion goals, (5) comprehensive tracking of the disposition of construction and demolition materials, (6) enhancing diversion from un-permitted projects, and (7) integrating salvageable material into developer project planning and budgeting process and permit application plan set (as opposed to at time of final permitting). d. Background survey on contents of existing building stock to get more data on intended impact and opportunities regarding new deconstruction requirements; vetting of existing service providers (certified salvage contractors and salvage material vendors), markets for salvage materials, a list of approved reuse/salvage facilities; a plan for educating contractors on requirements; and an analysis of the costs of compliance with and implementation of any proposed regulations and analysis of any corresponding impacts on feasibility of new construction.

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Refer to the City Manager to Enhance the City’s Deconstruction and Construction Materials Management Enforcement and Regulations and Refer to the AAO #1 Budget Process $250,000 for Social Cost of Carbon Nexus Fee Study for Berkeley Origin Construction and Demolition Debris

ACTION CALENDAR
December 5, 2023
2 2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● TDD: (510) 981-6903 ● Fax: (510) 981- 6903 E-Mail: [email protected]

2. Refer to December 2023 Budget AAO #1 Process $250,000 to conduct a nexus fee study (using the latest academic research, updated damage functions, and low discount rates)1 for a potential social cost of carbon fee to be applied e.g., to the impact of displacing existing embodied carbon (landfilled construction and demolition debris) and replacement with new embodied carbon. The purpose of the fee is to incentivize reuse and deconstruction, minimize demolition, maximize useful embodied carbon, and fund the City’s ongoing green building work and services.

POLICY COMMITTEE RECOMMENDATION
On November 1, 2023, the Facilities, Infrastructure, Transportation, Environment & Sustainability Committee adopted the following action:

M/S/C (Robinson/Harrison) to refer the revised agenda material with a positive recommendation to Council with the following revisions to the recommendation:

1. Section C.3 to read as follows: “potentially implementing a social cost of carbon fee on construction and demolition debris.”

2. Section D to read as follows: “Background survey on contents of existing building stock to get more data on intended impact and opportunities regarding new deconstruction requirements; vetting of existing service providers (certified salvage contractors and salvage material vendors), markets for salvage materials, a list of approved reuse/salvage facilities; and a plan for educating contractors on requirements; and an analysis of the costs of compliance with and implementation of any proposed regulations and analysis of any corresponding impacts on feasibility of new construction.”
Vote: Ayes – Robinson, Harrison; Noes – None; Abstain – Humbert; Absent –None. 1 See Rennert, K., Errickson, F., Prest, B.C. et al. Comprehensive evidence implies a higher social cost of CO2. Nature 610, 687–692 (2022). https://doi.org/10.1038/s41586-022-05224-9. Using a 1.5% discount rate, the social cost of carbon in 2020 dollars is estimated at $308 (~$367.48 in 2023) per metric ton of carbon dioxide:

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ACTION CALENDAR
December 5, 2023
3 2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● TDD: (510) 981-6903 ● Fax: (510) 981- 6903 E-Mail: [email protected]

CURRENT SITUATION, EFFECTS, AND RATIONALE FOR RECOMMENDATION The accumulation, collection, removal and disposal of waste associated with construction, deconstruction and demolition activities needs to be regulated for the protection of the public health, safety and welfare, climate and natural environment.

According to the World Green Building Council, 11% of all energy-related carbon emissions result from building materials and construction activities.2 These emissions are often referred to as “embodied carbon,” which the International Code Council defines “the carbon emissions released during the extraction, manufacturing, transportation, construction and end-of-life phases of buildings.”3
Emissions are not only embodied in new construction materials and activities, but also in those of the past. The current built environment represents the physical manifestation of past greenhouse gas emissions (GHGs), and given the imperative of rapidly reducing GHGs, such material must be prioritized for preservation, or reuse. Every part of the built environment, whether constructed with ancient redwood timber in the nineteenth century or Canadian Douglas fir and pine in the twenty-first, must be considered and valued within the context of cumulative historic emissions and dwindling and nearly expired carbon budgets.

State law imperfectly addresses the end-of-life phases of buildings through the California Integrated Waste Management Act of 1989 and the California Green Building Code, which requires local governments to require fifty percent of construction debris be diverted from the landfill. Senate Bill 1374 further requires annual reporting to the state on progress made in the diversion of construction related materials, including information on programs and ordinances implemented and quantitative data, where available. In 2016, of Berkeley’s total waste stream, 10% was from construction and demolition materials. As discussed below, this number is now likely much higher given the recent uptick in construction.

Additional required minimum diversion rates by project type are covered under the California Green Building Code and the City's local amendments in BMC Title 19 (2019), Buildings and Construction. As a minimum, the latest State code requires 65% of non- hazardous construction and demolition (C&D) waste to be reused or recycled. In addition, the State also requires recycling or reuse of 100% of excavated soil and land- 2 “Bringing Embodied Carbon Upfront.” World Green Building Council, 25 Jan. 2023, https://worldgbc.org/article/bringing-embodied-carbon-upfront/. 3 “Embodied Carbon.” ICC, 11 May 2021, https://www.iccsafe.org/advocacy/embodied-carbon/.

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ACTION CALENDAR
December 5, 2023
4 2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● TDD: (510) 981-6903 ● Fax: (510) 981- 6903 E-Mail: [email protected]
clearing debris, concrete, and asphalt. Current requirements include a “Construction Waste Management Plan” survey and requirement to provide receipts of recycled and salvaged material. City Zero Waste staff indicated that while the City tracks diversion, they currently do not eforce State requirements.

Existing laws fall short because there is no state or local requirement that requires property owners or developers to work with the City to develop an accountable plan to carefully take apart a building to maximize reusable materials, whether onsite or through a salvaging operation. In addition, recycling, an allowed alternative to reuse of demolition materials may not maximize capturing embodied carbon. For example, State law includes loopholes that allow a certain percentage of demolition materials to be ‘recycled’ as a cover to layers of trash in landfills.

This referral to the City Manager aims to implement best practice methods for separation, handling, and delivery of deconstruction and construction site materials to maximize the salvage of building materials for reuse, to reduce the amount of construction and demolition-related materials disposed in landfills and to establish deconstruction and source separation requirements. It also would fund an innovative nexus study to charge a possible social cost of carbon fee on construction and demolition debris to incentivize reuse and deconstruction, minimize demolition, maximize useful embodied carbon, and fund the City’s ongoing green building work and services.

Other jurisdictions, such as Palo Alto and Portland, have already implemented deconstruction ordinances. To protect public health, safety and welfare, climate and natural environment, it is in the public interest to adopt this referral and budget referral.

BACKGROUND
In 2021, the World Green Building Council warned that by 2050 “the [global] building stock is expected to double in size. Carbon emissions released before the built asset is used, referred to as ‘upfront carbon’, will be responsible for half of the entire carbon footprint of new construction between now and 2050, threatening to consume a large part of our remaining carbon budget.”4 Viewed over the next 10 years, the window scientists view as critical to limiting catastrophic warming emissions, new embodied carbon represents a significant 72% of total building sector emissions.5 Much of these 4 “Bringing Embodied Carbon Upfront.”
5 Logan, Katharine. “Continuing Education: Embodied Carbon & Adaptive Reuse.” Architectural Record RSS, Architectural Record, 25 May 2022, https://www.architecturalrecord.com/articles/15481- continuing-education-embodied-carbon-adaptive-reuse.

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ACTION CALENDAR
December 5, 2023
5 2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● TDD: (510) 981-6903 ● Fax: (510) 981- 6903 E-Mail: [email protected]
emissions include those associated with the demolition of existing buildings and the new buildings that replace them.

Buildings Magazine, a trade magazine for facility managers and owners of commercial and public buildings, estimates that already an astounding 30% of all waste in the United States is construction and demolition waste. New construction is associated with an average of 3.9 pounds of waste per square foot while demolition yields an astounding 155 pounds of waste per square foot.6
When a building is haphazardly demolished to make way for new construction, not only are carbon emissions typically expended to tear it down and transport it for waste processing and disposal, but the former building, composed of many tons of carbon emissions and products arranged in a form useful to society, is rendered useless as waste, or much less useful to society as recyclable material. Instead, the builder replaces the demolished structure with new embodied carbon in constructing the new building, which generates new waste and additional emissions.

According to a 2011 study, even assuming a 30% increase in efficiency resulting from a newly constructed building, it takes 10 to 80 years for the newer and more efficiently operating building to ‘break even’ or offset the negative carbon impacts associated with replacing an average-performing existing building (not accounting for the “lost” carbon originally embodied in the original building).7 The following figure demonstrates the number of years required in Portland and Chicago for various forms of newly constructed efficient buildings replacing demolished inefficient buildings to ‘break even’ with or ‘overcome’ the new emissions associated with new construction (note: this figure does not include embodied emissions wasted as part of the original construction):
6 Monroe, Linda. Diverting Construction Waste | Buildings. https://www.buildings.com/department/article/10192921/diverting-construction-waste; See also, Sahabi, Ali. “Structural Retrofits Reduce the Carbon Footprint (Part 2 of 3) - USGBC-La.” USGBC, 25 Feb. 2023, https://usgbc-la.org/2023/02/09/structural-retrofits-reduce-the-carbon-footprint-part-2-of-3. 7 “National Trust for Historic Places: Return to Home Page.” The Greenest Building: Quantifying the Environmental Value of Building Reuse, Preservation Green Lab of the National Trust for Historic Preservation, 2011, https://forum.savingplaces.org/connect/community- home/librarydocuments/viewdocument?DocumentKey=227592d3-53e7-4388-8a73- c2861f1070d8&CommunityKey=00000000-0000-0000-0000-
000000000000&tab=librarydocuments, p. VIII.

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ACTION CALENDAR
December 5, 2023
6 2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● TDD: (510) 981-6903 ● Fax: (510) 981- 6903 E-Mail: [email protected]
8 Since 2011, the advent of new insulation and electrification technologies make renovating or adapting older buildings more competitive in terms of reducing existing onsite carbon emissions.9 This referral takes the perspective that both the carbon avoided by reusing existing materials (as in the examples above) and the carbon used in the original construction need to be considered as impacts of C&D and be accounted for in addressing the climate emergency. In other words, existing buildings represent historic expenditures of carbon and demolition needs to be seen as both destroying the usefulness of past emissions and contributing new emissions.

The greenest building is the one that already exists.10 The best way to avoid new carbon emissions, and to repurpose or restore the use value of existing emissions, is to 8 Id.
9 Id., p. 20
10 Adam, Robert. “‘The Greenest Building Is the One That Already Exists.’” The Architects' Journal, 13 Aug. 2021, https://www.architectsjournal.co.uk/news/opinion/the-greenest-building-is-the-one-that- already-exists.

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ACTION CALENDAR
December 5, 2023
7 2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● TDD: (510) 981-6903 ● Fax: (510) 981- 6903 E-Mail: [email protected]
preserve and renovate existing structures. To the extent that new or additional uses are needed, e.g., converting a single-family home into a multiplex, the lowest carbon path is to maintain as much of the original structure as possible with expansions and modifications as needed. Such a strategy maintains the integrity of the historic embodied carbon, and minimizes expenditure of new carbon emissions. For example, UC Berkeley’s new Engineering Center includes adaptive reuse which UC states “will significantly lower the carbon emissions of the project, including more than a 90% reduction in demolition.”11
A 2021 study conducted by ECONorthwest found that “conservatively speaking, residential and commercial demolitions in the City of Portland are responsible for 124,741 metric tons of CO2 emissions per year, which amounts to approximately 4.5 percent of the City’s total annual [emissions] reduction goal.”12 11 “Engineering Center.” Berkeley Engineering, 2 May 2023, engineering.berkeley.edu/about/facilities/engineering-center/. 12 Oregon, Restore. “Understanding the Carbon Cost of Demolition.” Restore Oregon, 1 Oct. 2021, https://restoreoregon.org/2021/04/12/understanding-the-carbon-cost-of-demolition/.

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ACTION CALENDAR
December 5, 2023
8 2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● TDD: (510) 981-6903 ● Fax: (510) 981- 6903 E-Mail: [email protected]
13

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ACTION CALENDAR
December 5, 2023
9 2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● TDD: (510) 981-6903 ● Fax: (510) 981- 6903 E-Mail: [email protected]
City of Berkeley’s Current Construction and Demolition Waste A 2017 StopWaste Waste Characterization Study for Alameda County found that approximately 10% of Berkeley’s total waste tonnage in 2016 resulted from C&D debris.14
15 This study predates the recent building boom associated with new local and statewide housing policies, economic developments, and COVID-19 related renovation trends. It may also not capture cross-jurisdictional disposal of waste.

A snapshot for the twelve months preceding April, 2023 suggests a substantial increase in C&D as compared to StopWaste’s 2016 study. As reported through the City’s Green Halo Systems dashboard, C&D waste was more than 18,000 tons, a staggering 244% increase from 2016 levels. Of this material, the City reported that only 567 tons were 13 Id.
14 “Alameda County 2017-18 Waste Characterization Study.” StopWaste - A Public Agency Reducing Waste in Alameda County, StopWaste, 5 Sept. 2018, https://www.stopwaste.org/resource/alameda- county-2017-18-waste-characterization-study.
15 Id.

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ACTION CALENDAR
December 5, 2023
10 2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● TDD: (510) 981-6903 ● Fax: (510) 981- 6903 E-Mail: [email protected]
reused while 2,530 tons were disposed (landfill), and 15,073 recycled.16 The distribution of materials within each distinct material category is not clear. The Green Halo dashboard summarizes overall C&D by category over the same period as follows:
17 The author worked with Zero Waste staff to produce a snapshot of construction and demolition debris from Berkeley origin permitted, and non-Berkeley origin and unpermitted Berkeley origin projects for 2022:
16 City of Berkeley Recycling Center, City of Berkeley, Powered by Green Halo Systems and City of Berkeley, 5 Apr. 2023, https://berkeley.wastetracking.com/. 17 Id.

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ACTION CALENDAR
December 5, 2023
11 2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● TDD: (510) 981-6903 ● Fax: (510) 981- 6903 E-Mail: [email protected]

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ACTION CALENDAR
December 5, 2023
12 2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● TDD: (510) 981-6903 ● Fax: (510) 981- 6903 E-Mail: [email protected]
City of Berkeley’s Current Approach to C&D Waste
In furtherance of state law regulating C&D debris,18 the Building and Safety Permit Service Center currently maintain a “Construction Waste Management Plan”19 form applicable to the following projects:

1. Any non-residential projects requiring building permits.

2. Residential new buildings.

3. Residential projects that increase a building’s conditioned area, volume, or size.

4. Residential projects valued over $100,000.

5. Demolition permits valued over $3,000.

Projects are asked to disclose generally which methods they intend to use to reduce waste during construction:
20 Applicants then complete a more detailed “Construction Waste Management Plan” through the Green Halo web platform.

In addition, the form asks for information about weight tickets for disposed and recycled materials and photos of any salvaged/reused materials. This data is then uploaded and processed via the City’s Green Halo dashboard.
18 A minimum of 65% of the waste generated by construction and demolition activities must be diverted away from landfill disposal through any combination of recycling, salvage, reuse or composting. 100% of asphalt, concrete, and land clearing debris must be recycled. 19 Form #172 Construction Waste Management Plan - Berkeley, California. Building and Safety Permit Service Center, 19 Mar. 2021, https://berkeleyca.gov/sites/default/files/2022- 02/Waste%20Management%20Plan.pdf.
20 Id.

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ACTION CALENDAR
December 5, 2023
13 2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● TDD: (510) 981-6903 ● Fax: (510) 981- 6903 E-Mail: [email protected]
21 Referral Overview: Enforcement and Consideration of New Requirements Drawing inspiration from neighboring jurisdictions such as Palo Alto and Portland, the proposed referral to the City Manager moves beyond the state’s simple percentage- based diversion, recycling, and reuse requirements, and towards defining specific building components that are potentially reusable and requiring a salvage survey provided by the City, a reuse organization, or other third party approved by the City.

These reporting requirements would need to be met prior to the issuance of a demolition permit. The survey is aimed at itemizing the potential materials and items eligible for salvage and reuse and the estimated weights, preparing the builder for source separation, and connecting builders directly to salvaging experts who may be able to connect the builder to organizations who can accept or purchase their material for reuse.

The threshhold would remain the same as in the current statute.

This approach is more proactive than state rules, which rely on the judgment of the builder, to avoid incentivizing (1) more destructive techniques of traditional demolition, and (2) recycling instead of reuse. In addition, the City now only requires the builder to self-certify that disposed material was diverted after demolition occurs (as opposed to a detailed site survey that estimates weights before demolition occurs).

The referral also requires deconstruction, which is defined as “the systematic and careful dismantling of a structure, typically in the opposite order it was constructed, in order to maximize the salvage of materials and parts for reuse and recycling.” Upon completion of the deconstruction and source separation of materials, the applicant or person responsible for the project may be required to ensure the items listed on the salvage survey are delivered to, collected by or received by, and certified by a reuse 21 Id.

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ACTION CALENDAR
December 5, 2023
14 2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● TDD: (510) 981-6903 ● Fax: (510) 981- 6903 E-Mail: [email protected]
organization or other third party approved by the City, and shall submit to the City proof of delivery of salvage items in accordance with City regulations. This process creates a chain of custody of environmentally, labor, and carbon intensive resources, and incentivizes builders to prioritize designs and projects that minimize demolition in favor of adaptation.

In addition, this item includes a referral to the City Manager to conduct a nexus fee study in connection with a potential social cost of carbon fee applied to landfilled construction and demolition debris. The City Attorney’s office has advised that the nexus study must be completed before the Council can consider a fee.

FISCAL IMPLICATIONS
Staff time will be needed to implement the referrals.

ENVIRONMENTAL SUSTAINABILITY
Restoring or adapting embodied carbon in buildings is significantly less carbon intensive than demolition and new construction. In instances where restoration and adaptation are not feasible, reuse of materials through deconstruction is superior to traditional demolition techniques.

CONTACT PERSON
Councilmember Kate Harrison, Council District 4, (510) 981-7140

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Tuesday, December 5, 2023 AGENDA Page 1

AGENDA

BERKELEY CITY COUNCIL MEETING
Tuesday, December 5, 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:

This meeting will be conducted in a hybrid model with both in- person attendance and virtual participation. If you are feeling sick, please do not attend the meeting in person.

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

Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this UR L: https://cityofberkeley- info.zoomgov.com/j/1612629119 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 1-8 33-568-8864 (Toll Free) and enter Meeting ID: 161 262 9119. 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.

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 public participation may be addressed to the City Clerk Department (510) 981-6900. The City Council may take action related to any subject listed on the Agenda.

Pursuant to the City Council Rules of Procedure and State Law, the presiding officer may remove, or cause the removal of, an individual for disrupting the meeting. Prior to removing an individual, the presiding officer shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The presiding officer may then remove the individual if they do not promptly cease their disruptive behavior. “Disrupting” means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, a failure to comply with reasonable and lawful regulations adopted by a legislative body, or engaging in behavior that constitutes use of force or a true threat of force.

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Tuesday, December 5, 2023 AGENDA Page 2
Preliminary Matters
Roll Call:

Land Acknowledgement Statement: The City of Berkeley recognizes that the community we l
ive 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.

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

City Manager Comments: The City Manager may make announcements or provide information to t
he 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 t
he 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.

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Tuesday, December 5, 2023 AGENDA Page 3
Public Comment on Consent Calendar and Information Items Only: The Council will take public comment on any items that are either on the amended Consent Calendar or the Information Calendar. Speakers will be entitled to two minutes each to speak in opposition to or support of Consent Calendar and Information Items. A speaker may only speak once during the period for public comment on Consent Calendar and Information items.

Consent Calendar

Financial Implications: Sewer Fund - $600,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

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

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Consent Calendar
Tuesday, December 5, 2023 AGENDA Page 4

The terms of the proposed 2023-2026 MOU are within the parameters of authority approved by Council in closed session.

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

5. Contract No. 32000281 Amendment: ConvergeOne for Avaya Administration, Maintenance and Support.

Financial Implications: See report
Contact: Kevin Fong, Information Technology, (510) 981-6500

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Consent Calendar
Tuesday, December 5, 2023 AGENDA Page 5

Financial Implications: Revenue - $750,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

Financial Implications: Revenue - $5,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Council Consent Items

1. Adopt a Resolution co-sponsoring the 13th Annual Martin Luther King Jr .

Celebration on January 15, 2024.

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

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Council Consent Items
Tuesday, December 5, 2023 AGENDA Page 6

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

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

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

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

Action Calendar – Scheduled Public Comment Period
During this public comment period, the Presiding Officer will open and close a comment period for each Action item on this agenda (excluding any public hearings, appeals, and/or quasi -judicial matters). The public may speak on each item. Those who speak on an item during this comment period may not speak a second time when the item is taken up by Council.

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Action Calendar
Tuesday, December 5, 2023 AGENDA Page 7

2. $25,000 to purchase five additional portable speed radar trailers bringing the City’s total to seven for targeted traffic calming; and

3. $325,000 to increase the citywide Traffic Calming Budget on a one-time basis to $400,000 (up from the current $75,000); and

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

13. Reimagining Public Safety Status Report
From: City Manager
Recommendation:

2. Provide comments on the Gun Violence Prevention program model report for Berkeley with the goal of facilitating informed council discussion.

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

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Tuesday, December 5, 2023 AGENDA Page 8
Public Comment – Items Not Listed on the Agenda
Adjournment
NOTICE CONCERNING YOUR LEGAL RIGHTS : If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply:
1) No lawsuit challenging a City decision to deny (Code Civ. Proc. §1094.6(b)) or approve (Gov. Code 65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90- day period will be barred. 2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.

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

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

Com
munications 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.

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.

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Tuesday, December 5, 2023 AGENDA Page 9

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

I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building , 2134 Martin Luther King Jr. Way, as well as on the City’s website, on November 22, 2023.

Mark Numainville, City Clerk

Safer Streets and Sidewalks

1. Jason Warriner

2. Carol Hirth

3. Barbara Gilbert

4. Shirley Kirsten

5. Virginia Browning

6. Jose Oliveira

7. Ben and Laurel Kuchinsky

8. Eliot Walker

Ashby BART

9. Vincent Casalaina (2)

Burned RV

10. Chris Saulnier

Waterfront

11. Ginger Ogle

Golden Gate Field Horses

12. Nan McGuire

Chess Club

13. Jesse Sheehan (2)

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Tuesday, December 5, 2023 AGENDA Page 10

Press Release

14. Office of the Director of Police Accountability

Unhoused Crime

15. John Caner, on behalf of the Downtown Berkeley Association

Street Lighting

16. Brian Barsky

EBMUD Paving

17. Greg Couch

18. Y’Ariad Burrell, on behalf of EBMUD

Household Occupancy

19. Leilah Dozier
Full Marathon

20. Annie Barrows

Hard Hats Ordinance

21. Cody Strock

Officer Marble

22. Diana Bohn

Rent Board

23. Barbara Gilbert

Council Meeting Disruption

24. savebtown@

Gilman and Marin Street

25. Steve Mellinger

Israel and Palestine

26. Azam Javed

27. Almira Tanner

28. Sarah Naameh

29. Sarah Khan

30. Mona Masri

31. Sandra Nasser

32. Sophia Mottershead

33. Hamza Kundi

34. Mary-Lee Kimber Smith

35. Debbie Tuttle

36. Michael Fullerton

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Tuesday, December 5, 2023 AGENDA Page 11

37. Barbara Erickson

38. Nohely Melenciano

39. Lilyana Hudson

40. Tirzah Riley

41. Laila Hamidi

42. Christina Harb

43. Noah Ahmed Surti

44. 55 similarly-worded form letters (Resolution)

• 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

CONSENT CALENDAR
December 5, 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 December 5, 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 $600,000

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

PROJECT Fund Source Amount
Sanitary Sewer
Rehabilitation Project:

Urgent Project at
various locations
611 Sewer Fund $600,000
Total: $600,000

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Formal Bid Solicitations and Request for Proposals CONSENT CALENDAR Scheduled for Possible Issuance After Council December 5, 2023 Approval on December 5, 2023

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 December 5, 2023
a. Sanitary Sewer Rehabilitation Project: Urgent Project at various locations Note: Original of this attachment with approval of authorizing personnel is on file in General Services.

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NEXT 30 DAYS
DATE SUBMITTED: DECEMBER 5, 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
24-11645-C Sanitary Sewer
Rehabilitation Project:

Urgent Project at
various locations
11/29/2023 12/14/2023
Fulfill Sewer Consent Decree
requirement.

Sewer rehabilitation and replacement
project to repair and replace
old and
deteriorated sewer lines.
$600,000 611-54-623-676-0000-000-
473-665130-
PWENSR2403
Public Works - Engineering Jonathan Caudillo
981-6427
Daniel Akagi
981-6394
DEPT. TOTAL $ 600,000.00
DEPT. TOTAL
TOTAL $ 600,000.00
1 of 1

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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
December 5, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Henry Oyekanmi, Director, Finance
Subject: Contract No. 32000060 Amendment: Toshiba Contract for Multi-function Devices

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to amend the City’s contract with Toshiba (City Contract #32000060) through September 15, 2025, and to approve additional appropriations related for performance of this contract.

FISCAL IMPACTS OF RECOMMENDATION
Funds are available in individual departmental budgets. An additional $210,000 is required to complete the current contract period due to increased products and services resulting from needs during pandemic, and continues going forward. The two-year extension period is estimated at $200,000 per year ($400,000 for two additional years).

This brings the total projected expenditure over five (5) years to $1,438,170.

CURRENT SITUATION AND ITS EFFECTS
The original Toshiba contract was approved in the amount of $828,170, which was intended to provide funding for three years. The pandemic necessitated departments to add a few new products (for example, additional scanners). Additionally, Toshiba’s performance has been satisfactory to the City during the contract period.

The City intends to extend the contract with Toshiba for up to two (2) one-year periods to continue services. Estimated annual spend going forward is $200,000* per year. A spend breakdown is listed in the table below:

Initial Contract Amount $ 828,170
Additional funds required for initial contract period $ 210,000 Funds for two-year contract extension $ 400,000
Total Not-to-Exceed Contract Amount $1,438,170

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Amendment of Toshiba Citywide Contract for Multi-function Devices CONSENT CALENDAR December 5, 2023

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BACKGROUND
The City of Berkeley is a medium size account for copiers in a municipal government setting. Pricing obtained by the City was higher than that of larger cities. In 2019, City of Berkeley identified the Region 4 Education Service Center (ESC) contract, which leveraged several agencies combined to create a large account, but with similar multi- function devise (printer/scanner/copier) needs. Region 4 ESC competed and awarded a multi-year contract to Toshiba prior to 2019, and the contract has been revised through May 2025. Region 4 ESC received advantageous pricing based on the size of their bid.

The City of Berkeley is able to obtain the same pricing of the larger account by piggybacking on the Region 4 ESC contract, which is now part of Omnia Partners, a large and favorable government cooperative agency. Toshiba continues to attest to meeting the City of Berkeley’s social responsibility certifications. The City is satisfied with Toshiba’s quality and repair services, and, barring any major disruptions, or negative feedback, intends to continue with Toshiba for the contract extension period.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Toshiba units are stocked with 100% recycled paper. The units themselves are energy- star rated, and scanning is promoted vs. printing. Toner cartridges flow through the EcoSmart toner recycling program, in which the cartridges are reused until they no longer can be, at which time they are transformed into another product.

RATIONALE FOR RECOMMENDATION
The City has over 70 units dispersed throughout nearly all locations, and recompeting is not advantageous at this time.

ALTERNATIVE ACTIONS CONSIDERED
The City considered administering its own RFP, however, the city’s copier needs are complex, and a new RFP would take several months to administer, and the cost to change vendors would be significant. Also, the city will not be able to enjoy the economic of scale by itself because its account is limited in size in contrast to this current contract. Thus, piggybacking on the new Region 4 ESC/Omnia Partners contract outweighs the City administering its own RFP at this time.

CONTACT PERSON
Josh Roben, Contract Administrator, Finance/General Services, 510-981-7324 Attachments:
1: Resolution

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

CONTRACT NO. 32000060 AMENDMENT: TOSHIBA CONTRACT FOR MULTI-

FUNCTION DEVICES
WHEREAS, City Council approved Resolution 69,074-N.S. on September 10, 2019 approving the contract for copiers with Toshiba by piggybacking on the Region 4 Education Service Center’s available contract; and
WHEREAS, City departments require ongoing copying, printing, and scanning services, and have departmental budgets for those; and
WHEREAS, the pandemic led to dramatic increase in scanning and electronic storage needs; and
WHEREAS, Toshiba continues to attest to compliance with the City’s social responsibility requirements; and
WHEREAS, the benefits of continuing with Toshiba outweigh administering a City of Berkeley RFP at this time.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to amend and extend Contract No. 32000060 with Toshiba as required to continue to meet the copier/printer/scanner needs of City departments; the contract value is now not-to-exceed $1,438,170 through FY 2025.

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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: https://berkeleyca.gov/

CONSENT CALENDAR
December 5, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: David Sprague, Fire Chief
Subject: Contract: Intterra for Operations, Pre-Planning, Reporting, and Analytics

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her designee(s) to enter into a contract and any amendments with Intterra by piggybacking on City of San Diego Contract Number No. 10089896-22-W. The contract will be effective December 18, 2023, through September 30, 2028, the end date of the contract with San Diego, in an amount not to exceed $272,029. Following an extension approved by the City of San Diego, the contract may be extended for up to an additional five (5) years at a cost not to exceed an additional $300,000.

FISCAL IMPACTS OF RECOMMENDATION
All funds required to pay for this contract are in the Department’s baseline operating budget. Funding sources include but are not limited to Measure FF and the General Fund.

December 18, 2023- October 31, 2024 . . $61,605.80
November 1, 2024-October 31, 2025 . . $52,605.80
November 1, 2025- October 31, 2026 . . $52,605.80
November 1, 2026-October 31, 2027 . . $52,605.80
November 1, 2027- October 31, 2028 . . $52,605.80

CURRENT SITUATION AND ITS EFFECTS
The Department utilizes multiple platforms that compartmentalize data, such as dispatch and incident response data, incident reporting information, structural and wildland inspection data, live vehicle location data, fire spread modeling, evacuation zone data, and existing data from GIS maps. Intterra has the ability to integrate all data sources into a single mobile application that Department leadership can use to make better long-term plans and responders can use to make better decisions in real time.

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Contract: Intterra CONSENT CALENDAR
December 5, 2023

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Implementation of Intterra will allow the Department to advance our objective of modernizing the organization, make decisions data-driven decisions, and utilize Intterra planning modules to improve field staff safety and preparedness. In addition, personnel will have access to regional and state-wide data, moving toward better interoperability.

BACKGROUND
The City of San Diego conducted a competitive Request for Proposal (RFP) process that solicited bids for a Fire-Rescue Geospatial Software Application which opened on April 1, 2022, and closed on April 29, 2022. Intterra was awarded with as the most responsive bidder and was issued City of San Diego Contract Number No. 10089896- 22-W.

ENVIRONMENTAL SUSTAINABILITY
Locally and regionally coordinated operational, pre-planning preventative measures, reporting, and ongoing analytics supported by the Intterra platform contribute to our social responsibility to conserve natural resources and protect our ecosystem by promoting its current and future health and well-being.

RATIONALE FOR RECOMMENDATION
A partnership between The City of Berkeley Fire Department and Intterra supports the City’s Strategic Plan’s goals and objectives as follows:

 Goal 1: Create a resilient, safe, connected, and prepared City o 3.23 Fire Prevention: Increase fire/life safety capacity and resources to effectively maintain community safety.
 Goal 2: Be a customer-focused organization that provides excellent, timely, easily-accessible service and information to the community. o 9.10 Increase and improve communications from the Fire Department

ALTERNATIVE ACTIONS CONSIDERED
Continue without integrated operations, pre-planning, reporting, and analytics systems.

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

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

CONTRACT: INTTERRA FOR OPERATIONS, PRE-PLANNING, REPORTING, AND

ANALYTICS
WHEREAS, emergency responders are responsible for making sound decisions while operating on emergency scenes, and
WHEREAS, responder decisions are only as good as the information and intelligence they have access to, and
WHEREAS, the Department currently has a number of siloed data sources including dispatch and incident response data, incident information, structural and wildland inspection data, live vehicle location data, fire spread modeling and evacuation zone data, and existing data from GIS maps, and
WHEREAS, there is also a large volume of regional and state-wide data that is available to us which is currently cumbersome or impossible to access, and WHEREAS, Intterra brings all these data sources together, in one simple mobile application that can be accessed by responders to help make better decisions in real time, and
WHEREAS, implementation of Intterra will allow the Department to take a big step towards the goal of becoming a modern organization that uses data to help drive planning and decision-making.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee(s) is authorized to execute a contract and any amendments with Intterra by piggybacking on City of San Diego Contract Number No. 10089896-22- W. The contract will be effective December 18, 2023, through September 30, 2028, the duration of the contract with San Diego, in an amount not to exceed $272,029. Following an extension approved by the City of San Diego, the contract may be extended for up to an additional five (5) years at a cost not to exceed an additional $300,000.

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CONSENT CALENDAR
December 5, 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: Memorandum of Understanding: Berkeley Fire Fighters Association

RECOMMENDATION
Adopt a Resolution 1) approving a successor Memorandum of Understanding (hereafter referred to as “MOU”) with the Berkeley Fire Fighters 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 BFFA classifications (Representation Unit B) that implement the salary adjustments reflected in the new MOU and supersede prior salary resolutions.

The terms of the proposed 2023-2026 MOU are within the parameters of authority approved by Council in closed session.

FISCAL IMPACTS OF RECOMMENDATION
The cost for the new MOU is approximately $2.68 million in the first year, $5.39 million in the second year, and $7.81 million in the third year.

Savings to the City from modifications to retiree health benefits will vary depending on staffing levels and longevity rates. However, the City’s unfunded other post-employment benefits (OPEB) will decrease by an estimated $5.32 million, according to a just- completed actuarial study. The savings will be even higher longer-term, as new hires under the modified plan outnumber current members; those savings may be in the millions annually in outlying years, reaching an estimated $8 million per year by 2073.

CURRENT SITUATION AND ITS EFFECTS
Notable changes in the 2023-2026 MOU are along five dimensions:
(1) COLA Increases: The terms of the new MOU provide for a 3% wage increase effective the start of the first full pay period after Council adoption; a 3% wage

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Memorandum of Understanding: Berkeley Fire Fighters Association CONSENT CALENDAR December 5, 2023

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increase effective July 7, 2024; and a 3% wage increase effective July 6, 2025 for a cumulative wage increase of 9% over three (3) years. (2) Certification Differentials: The City will incentivize a trio of certifications with a 2% differential for each: Cal Fire Service Training and Education System’s (CFTES) Firefighter I Certificate (upon approval of the contract), CFTES Firefighter II Certificate (beginning on 1/1/25), and Advanced Cardiovascular Life Support Certificate (beginning on 1/1/26).
(3) Longevity Pay: Effective the first full pay period after Council adoption, the MOU modifies the current longevity pay structure to provide 4% longevity pay beginning with the 12th, 15th, and 20th years of service for a maximum of 12%.

The modifications aim to keep the department competitive with other agencies and enhance retention.
(4) Retiree Health Benefits: Effective July 7, 2024, the retiree medical benefit identified in the current MOU will be frozen at rates in place as of July 1, 2024 for current members hired between June 5, 2006 to June 30, 2024. (Members hired prior to June 5, 2006 will not be affected by this modification.) Effective July 7, 2024, the City will contribute to the IAFF Retiree Medical Trust on behalf of each current member an individual amount (according to their date of hire), with the City’s contribution not to exceed a $350 per month contribution average across all members covered by this provision (with members themselves contributing $25 per month toward that amount). New employees hired on or after July 1, 2024 will contribute $75 per month into the IAFF RMT and after they complete five continuous years of service, the City will contribute an additional $225 per month into their individual RMT accounts.

By effectuating these changes, the City will realize future savings that may be as high as $5.32 million in other post-employment benefits (OPEB), thus reducing its long-term unfunded liabilities; longer-term savings are estimated in the millions annually in outlying years, as members under the new structure outnumber current members and may be as high as $8 million by 2073. (5) Paramedics: Article 17 of the MOU will highlight provisions applicable to the Paramedics.

BACKGROUND
The City’s labor contract with the Union expired and was fully terminated as of June 30, 2023. In an effort to reach agreement on a successor MOU, representatives of the City and representatives of the Union commenced negotiation sessions beginning in March of 2023. The parties reached a tentative agreement in November 2023.

During the course of negotiations, the Union and the City agreed to various linguistic updates to the MOU (e.g., gender-neutral pronouns), made certain changes affecting operations, and re-ordered/re-numbered the MOU to ease readability and navigation.

The five areas of change with significant financial or other impact are captured above.

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Memorandum of Understanding: Berkeley Fire Fighters Association CONSENT CALENDAR December 5, 2023

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

RATIONALE FOR RECOMMENDATION
The City’s labor contract with BFFA expired on June 30, 2023, triggering the need to negotiate a successor agreement.

The recommended changes to the MOU address the need for COLA increases and modifications to longevity pay in order to keep the Berkeley Fire Department competitive in its recruitment and retention efforts.

The revisions to the retiree health benefits program address a key financial concern for the City – unfunded future liabilities – and will reduce such liabilities by as much as $5.32 million for current members, and additional millions annually in outlying years due to capped payment amounts.

ALTERNATIVE ACTIONS CONSIDERED
Various alternative proposals were considered by the Union and the City’s negotiation team before mutual agreement was reached on the proposed MOU.

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

Attachments:
1: Resolution: Memorandum of Understanding: Berkeley Fire Fighters Association Exhibit A: Memorandum of Understanding Between the City of Berkeley and Berkeley Fire Fighters Association, 2023-2026 (Revised Version) Exhibit B: Memorandum of Understanding Between the City of Berkeley and Berkeley Fire Fighters Association, 2023-2026 (Tracked Changes Version)

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

MEMORANDUM OF UNDERSTANDING: BERKELEY FIRE FIGHTERS

ASSOCIATION
WHEREAS, the City is obligated under the provisions of California Government Code Sections 3500-3500, commonly referred to as the Meyers-Milias-Brown Act, to meet and confer in good faith and attempt to reach agreement with representatives of recognized bargaining units on matters within the scope of representation including, but not limited to, wages, hours, and other terms and conditions of employment; and WHEREAS, the City’s labor contract with the Berkeley Fire Fighters Association expired and was fully terminated as of June 30, 2023; and
WHEREAS, representatives of the City and the Berkeley Fire Fighters Association have met and conferred in good faith and have reached agreement on a new Memorandum of Understanding that incorporates all changes and modifications in wages, hours, and other terms and conditions of employment agreed to by the parties; NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is hereby authorized to execute the new Memorandum of Understanding for the period July 1, 2023 through June 30, 2026 with the Berkeley Fire Fighters Association, including changes in certain benefits on dates specified in the Memorandum of Understanding which is attached hereto, made a part hereof and marked Exhibit A, 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 BE IT FURTHER RESOLVED that the Council of the City of Berkeley approves, and the City Manager is hereby authorized to effectuate, a new Classification and Salary table for BFFA Classifications (Representation Unit B) that implement the salary adjustments reflected in the new MOU and supersede prior salary resolutions; and BE IT FURTHER RESOLVED that a fully executed original of said contract is filed in the Office of the City Clerk.

Exhibits
A: Memorandum of Understanding Between the City of Berkeley and Berkeley Fire Fighters Association, 2023-2026 (Revised Version)
B: Memorandum of Understanding Between the City of Berkeley and Berkeley Fire Fighters Association, 2023-2026 (Tracked Changes Version)

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Agenda Item
Attachment

This attachment will be provided to the City Council and the public prior to the meeting (including posting to the city website) in accordance with the requirements for
revised and supplemental materials in the Open
Government Ordinance.

City Clerk Department
2180 Milvia Street
Berkeley, CA 94704
(510) 981-6900

The City of Berkeley, City Council’s Web site:
http://berkeleyca.gov

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CONSENT CALENDAR
December 5, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Kevin Fong, Director, Department of Information Technology Subject: Contract No. 32000281 Amendment: ConvergeOne for Avaya Administration, Maintenance and Support.

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to amend Contract No. 32000281 to increase the spending authority with ConvergeOne (previously named Integration Partners) for Avaya telephone system administration, maintenance and support services increasing the amount by $825,811 for a total not-to-exceed amount of $1,718,633 from July 1, 2020 to June 30, 2025.

FISCAL IMPACTS OF RECOMMENDATION
Funding for maintenance and support services in the amount of $825,811 is allocated for Fiscal Year (FY) 2024-2025 in the Department of Information Technology’s FY 2024 VoIP Replacement and IT Cost Allocation funds as outlined below. Spending for this amendment in future fiscal years is subject to Council approval of the proposed citywide budget and annual appropriation ordinances.

FY24: Fund 502 - VoIP Replacement, Information Technology Department
$304,246
FY25: Fund 502 - VoIP Replacement, Information Technology Department
$521,565
Total FY 2024-2025 $825,811

CURRENT SITUATION AND ITS EFFECTS
The City is currently contracted with ConvergeOne for administration, maintenance and support of its Avaya telephone system and seeks additional spending authority through FY2025. The City's current Voice Over IP (VoIP) telephone system is operating on an outdated release and needs to be upgraded in order to be eligible for continued Avaya support. To accomplish this, the City requires a specialized, Avaya trained VoIP/telephony technician through ConvergeOne.

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CONSENT CALENDARContract No. 32000281 Amendment: ConvergeOne for Avaya Administration, Maintenance and Support. December 5, 2023

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This contract amendment will extend administration, maintenance and support spending authority through June 2025 and will ensure the City’s telephones and backend voice communications systems are administered and maintained consistent with their criticality to daily City operations and delivery of services to the Berkeley community.

The ConvergeOne contract amendment aligns with the City’s strategic goal to provide state-of-the-art, well-maintained infrastructure, amenities, and facilities.

BACKGROUND
The City originally contracted with Integration Partners (which was since acquired by ConvergeOne) through the end of fiscal year 2024 (FY24). The City’s Voice Over IP (VoIP) telephony system was significantly upgraded between calendar years 2020 and 2021. Since then, Avaya software has gone through two additional version iterations, but the City has remained on its current release which is no longer covered by Avaya support.

The contract was amended in December 2022 to add on-site staff augmentation with a telephony engineer/administrator, approved by Council resolution No. 70-583 N.S. The City has been successfully working with ConvergeOne since January 2023 on Avaya administration, maintenance and support and seeks extension of this contract.

ENVIRONMENTAL SUSTAINABILITY
The Avaya solution was selected in part because of the energy-efficient handsets which consume fewer than four watts of energy for each handset. The staff augment technician is local and available to complete field work at all City sites. This resolution continues to support the goals of environmental sustainability.

RATIONALE FOR RECOMMENDATION
The City intends to stay on the Avaya platform for citywide phones through the end of FY 2025. As such, it is critical that we keep the Avaya platform up to date, and sufficiently administered and maintained as we do not want to risk having a gap in our maintenance and support in the event of a major outage of our enterprise phone system. Such an incident would result in significant disruption of services including the Berkeley community not being able to reach City offices via phone call, staff not being able to call each other, and our community and staff not being able to leave voice messages.

ALTERNATIVE ACTIONS CONSIDERED
Staff considered a number of options including not upgrading the Avaya software or renewing our contract for staff augmentation. However, given the criticality of the platform, we recommend proceeding with this recommendation to ensure continuity of critical City systems.

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CONSENT CALENDARContract No. 32000281 Amendment: ConvergeOne for Avaya Administration, Maintenance and Support. December 5, 2023

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

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

CONTRACT No. 32000281 AMENDMENT: CONVERGEONE FOR AVAYA UPDATE,

SUPPORT, AND MAINTENANCE
WHEREAS in December 2019, the City issued a Request for Proposals (RFP) for Avaya upgrade, support, and maintenance (Specification No. 20-11377-C) and received 5 qualifying bids; and
WHEREAS Integration Partners (IPC) provided the best combination of cost, responsiveness, and references to complete the necessary upgrades and provide ongoing support moving forward; and
WHEREAS in January 2022, ConvergeOne purchased Integration Partners and, effective September 12, 2022, IPC’s operations were fully integrated into ConvergeOne; and
WHEREAS funding for Fiscal Year (FY) 2024 for software maintenance and miscellaneous professional services in the amount of $304,246 is allocated in the Department of Information Technology’s FY 2024 IT VoIP Replacement funds; and WHEREAS funding for Fiscal Year (FY) 2025 for software maintenance and miscellaneous professional services in the amount of $521,565, is allocated in the Department of Information Technology’s FY 2025 IT VoIP Replacement funds; and WHEREAS the City intends to maintain this critical Information Technology function – Voice Over IP (VoIP) telephone infrastructure and system; and NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to amend Contract No. 32000281 with ConvergeOne for Avaya update, administration, support and maintenance, increasing the amount by $825,811 for a total not to exceed amount of $1,718,633, from July 1, 2020 to June 30, 2025.

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CONSENT CALENDAR
December 5, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Kevin Fong, Director, Department of Information Technology Subject: Contract No. 32000008 (11012) Amendment : Granicus, Inc. for Video Streaming Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to amend Contract No. 32000008 with Granicus, Inc., to continue providing live video streaming, on-demand archival video, podcasting, and web page subscription services, increasing the contract amount by $115,300 for a total not-to-exceed amount of $322,946 from July 1, 2017 to June 30, 2025.

FISCAL IMPACTS OF RECOMMENDATION
Funds for the additional software maintenance and hardware will be available in the Department of Information Technology’s Fiscal Year (FY) 2024-2025 Cost Allocation, Permit Service Center, and Rent Stabilization Board fund. Funding for future fiscal years is subject to Council approval of the proposed citywide budget and annual appropriation ordinances:

FY 2024:

IT Cost Allocation, Software Maintenance
$55,700
FY 2025:

IT Cost Allocation, Software Maintenance
$59,600
Total FY24-2025 Maintenance Fees $115,300

CURRENT SITUATION AND ITS EFFECTS
Video streaming City meetings 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.

The City of Berkeley uses the Granicus MediaManager suite of hosted services to provide public access to live and on-demand archival video via the City website at http://www.CityOfBerkeley.info/lT/Online Video Page.aspx . In addition, MediaManager hosts on-demand training videos for internal use by staff from all City departments. This cloud-based service provides unlimited audio and video streaming capacity, archival storage space, indefinite retention, podcasting, and system administration tools (such as video indexing, and synchronized digital documents) without requiring the City to own or maintain a video hosting infrastructure. This service has allowed the City to further

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Office of the City Manager

Attachments:
1: Resolution

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Contract No. 32000008 (11012) Amendment : Granicus, Inc. for Video Streaming Services CONSENT CALENDAR December 5, 2023
strengthen City’s efforts towards greater transparency, accountability, public information accessibility seven days a week.

BACKGROUND
Granicus provides video streaming and archiving services to more than 1,300 cities, towns, counties, and states across the US. In 2003, the City executed a contract with Granicus, Inc. for video streaming, indexing and archiving of City Council meetings and to host internal staff training videos. In January 2003, the City began video streaming and archiving City Council meetings. In January 2006, the City began video streaming and archiving Rent Stabilization Board meetings.

In May 2008, the City began video streaming and archiving Zoning Adjustment Board (ZAB) meetings. In October 2012, the City began video streaming and archiving meetings of the Successor Agency to the Berkeley Redevelopment Agency.

Throughout the past ten years, Granicus has worked with the Department of Information Technology and the City Clerk Department to provide excellent video streaming, storage, archiving, training, and technical support services for Council meetings, Rent Board meetings, commission workshops, and several other City of Berkeley programs.

In 2016 Granicus merged with GovDelivery, the only digital marketing platform built exclusively for public sector organizations. The City has used GovDelivery’s web page subscription service for its public website since 2002.

ENVIRONMENTAL SUSTAINABILITY
Streaming City
meetings online allows community members to watch these meetings remotely, which reduces greenhouse gas emissions associated with travel time to and from City Council chambers and other locations meetings are held.

RATIONALE FOR RECOMMENDATION
Granicus continues to provides a reliable, efficient, and cost-effective method of providing video streaming service to members of the public and City staff. Additionally, streaming City meetings expands the number of community members who can access City meetings. With the merger of GovDelivery, Granicus now provides the only digital marketing platform built exclusively for public sector organizations.

ALTERNATIVE ACTIONS CONSIDERED
Staff explored the possibility of hosting video streaming services in-house, however, the estimated cost of doing so (infrastructure, staff time, bandwidth, storage, and programming) exceeds the cost of contracting with Granicus for these services.

CONTACT PERSON
Kevin Fong, Director, Department of Information Technology, 981-6525

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

CONTRACT AMENDMENT: GRANICUS, INC. FOR VIDEO STREAMING SERVICES WHEREAS, video streaming City meetings 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; and WHEREAS, Granicus provides video streaming and archiving services to more than 1,300 cities, towns, counties, and states across the US; and WHEREAS, the City began using Granicus, Inc. for video streaming, indexing and archiving of City Council meetings and to host internal staff training videos and expanded these services in 2006 to include the Rent Stabilization Board and in 2008 to include the Zoning Adjustment Board; and
WHEREAS, Granicus merged with GovDelivery, who provides the web page subscription services to the City; and
WHEREAS, on June 13, 2017, by Resolution No. 68,034 – N.S., the Council approved a contract in an amount not to exceed $50,680 with Granicus for video streaming, indexing and archiving of City Council meetings; and
WHEREAS, on May 14, 2019, by Resolution No. 68,871 – N.S., the Council approved a contract extension and increased the contract amount by $156,966 and not to exceed $207,646 (Contract No. 11012) with Granicus for video streaming, indexing and archiving of City Council meetings; and
WHEREAS, funds for the additional software maintenance and hardware will be available in the Department of Information Technology’s Fiscal Year (FY) 2024-2025 Cost Allocation, Permit Service Center, and Rent Stabilization Board fund, funding for future fiscal years is subject to Council approval of the proposed citywide budget and annual appropriation ordinances
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to amend a contract with Granicus, Inc., for live video streaming, on-demand archival video, podcasting, and web page subscription services, increasing the contract amount by $115,300 for a total not to exceed amount of $322,946 from July 1, 2017 to June 30, 2025.

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CONSENT CALENDAR
December 5, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Scott Ferris, Director, Parks Recreation & Waterfront Subject: Grant Contract: Housing and Urban Development (HUD) for the MLK Youth Services Center Seismic Upgrade Project

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her designee to accept the U.S.

Department of Housing and Urban Development (HUD) grant for the Martin Luther King Jr (MLK) Youth Services Center Seismic Upgrade Project in the amount of $750,000, 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
The City has assembled $8.2M in funding from the following sources to complete the MLK Youth Services Center Seismic Upgrade Project: a) $7.0M from Measure T1, and b) $1.2M from a FEMA Hazard Mitigation grant. The $750,000 from HUD is in addition to the $8.2M in existing funding and will help the City cover the current project funding gap that was caused by increased inflation costs for materials and supplies. The City has also submitted a separate application to the California Community Resilience Center (CRC) state grant program (on September 18, 2023) in the amount of $3.6M to install new HVAC, electrical, and other energy-efficient building upgrades for the Center to serve as a community resilience center during times of extreme heat and other climate-related events. The CRC grant award decisions will be announced in the Spring of 2024. If the City receives the CRC grant, the total project budget will be $12.55M.

CURRENT SITUATION AND ITS EFFECTS
In the Consolidated Appropriations Act, 2023 (Public Law 117-328) (the FY2023 Act), Congress made funding available ($2,982,285,641) for “grants for the Economic Development Initiative (EDI) for the purposes, and in amounts, specified for Community Project Funding/Congressionally Directed Spending”. These “Community Project Funding” or “CPF” awards are administered by the Department of Housing and Urban Development (HUD). HUD has assigned Grant Number B-23-CP-CA-0152 for the MLK Youth Services Center Seismic Upgrade project in the amount of $750,000. The City will use these funds to cover increased construction costs due to inflation. This is a cost-reimbursement grant with a performance period of December 22, 2022 through

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Grant Contract: HUD– MLK Youth Services Center Seismic Upgrade Project CONSENT CALENDAR December 5, 2023

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December 31, 2031. The grant contract must be signed by the City in order for grant funds to be accessed for the project.

BACKGROUND
In 2013, the City commissioned a Facilities Condition Assessment (FCA) of the MLK Youth Services Center that found numerous examples of outdated building systems that do not meet current standards for building codes and earthquakes. The Center has been in dire need of renovation to meet current building codes and also to meet emerging community needs that include job training in new technologies, after-school programs with computer technology, needs for community trainings in safety and emergency preparedness, and climate-changed related events such as extreme heat or storm events. Through a comprehensive community process that involved over 48 neighborhood meetings, the MLK Center was selected to receive $7.0 million from the City's Measure T1 infrastructure bond in 2020 for a seismic retrofit and partial renovation per City Council Resolution No. 69,657-N.S. (12-15-2020). In 2022, the City received a FEMA Hazard Mitigation grant of $1.2 million to renovate more building elements as part of the seismic renovation project. Also, at that time, the City designated the MLK Center as one of the City's seven care and shelter facilities. Over the past three years, the City has conducted a planning phase to identify community needs that the MLK Center can help address that involved a variety of stakeholders comprised of local neighborhood groups, focus groups, meetings with teen groups at the Center, as well as discussions at the City's Parks, Recreation, and Waterfront Commission.

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

RATIONALE FOR RECOMMENDATION
The allocation of this HUD grant will allow the City to cover the gap in funding caused by recent inflation in order to complete the MLK Youth Services Center Seismic Upgrade Project.

ALTERNATIVE ACTIONS CONSIDERED
None

CONTACT PERSON
Scott Ferris, Director of Parks, Recreation & Waterfront, 981-6703 Evelyn Chan, Supervising Civil Engineer, 981-6700
Attachments
1: Resolution

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RESOLUTION NO. -N.S
GRANT CONTRACT: HUD AWARD IN THE AMOUNT OF $750,000 FOR THE MLK

YOUTH SERVICES CENTER SEISMIC UPGRADE PROJECT
WHEREAS, in 2013, the City commissioned a Facilities Condition Assessment (FCA) of the MLK Youth Services Center that found numerous examples of outdated building systems that do not meet current standards for building codes and earthquakes. The Center has been in dire need of renovation to meet current building codes and also to meet emerging community needs that include job training in new technologies, after- school programs with computer technology, needs for community trainings in safety and emergency preparedness, and climate-changed related events such as extreme heat or storm events; and
WHEREAS, in the federal Consolidated Appropriations Act, 2023 (Public Law 117-328) (the FY2023 Act), Congress made funding available ($2,982,285,641) for “grants for the Economic Development Initiative (EDI) for the purposes, and in amounts, specified for Community Project Funding/Congressionally Directed Spending”. These “Community Project Funding” or “CPF” awards are administered by the Department of Housing and Urban Development (HUD). HUD has assigned Grant Number B-23-CP-CA-0152 for the MLK Youth Services Center Seismic Upgrade project. The grant contract must be signed by the City in order for grant funds to be accessed for the project; and WHEREAS, the City has assembled $8.2M in funding from the following sources to complete the MLK Youth Services Center Seismic Upgrade Project: a) $7M from Measure T1, and b) $1.2M from a FEMA Hazard Mitigation grant. The City has also submitted an application to the Community Resilience Center (CRC) state grant program (on September 18, 2023) in the amount of $3.6M and will learn about award decisions in the Spring of 2024.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is authorized to accept the HUD grant for the MLK Youth Services Center Seismic Upgrade Project in the amount of $750,000, 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. A record signature copy of said agreements and any amendments to be on file in the Office of the City Clerk.

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CONSENT CALENDAR
December 5, 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: Donation from the Friends of the Berkeley Rose Garden

RECOMMENDATION
Adopt a Resolution accepting a cash donation from the Friends of the Berkeley Rose Garden in the amount of $5,000 to purchase roses and maintenance yard fence screening for the Berkeley Rose Garden.

FISCAL IMPACTS OF RECOMMENDATION
City staff will purchase roses and fence screening for the Berkeley Rose Garden. The cash donation will be deposited into Parks Fund donation revenue budget code 138-52- 542-568-0000-000-000-481110 and will be recommended for appropriation in FY 2024 through the first amendment to the appropriations ordinance in the Parks Tax Fund (Fund 138).

CURRENT SITUATION AND ITS EFFECTS
In 2023, the Friends of the Berkeley Rose Garden approached the Parks, Recreation and Waterfront (PRW) Department about a donation to help purchase roses and maintenance yard fence screening for the Berkeley Rose Garden.

BACKGROUND
Per the City’s Expanded City Parks Donation Policy, individuals may donate to the City’s parks in selected locations subject to the approval of the Director of the PRW Department, and pay for all associated costs, subject to Council disclosure and approval of the gift donation. The Director has determined that the proposed donation complies with the City’s Expanded City Parks Donation Policy as described in Resolution No. 66,831–N.S. and has approved the donation, subject to Council approval. The City’s Open Governance Ordinance requires City Council disclosure and approval of any gift to the City in excess of $1,000 (BMC Section 2.06.150, Ord. 7,166- N.S.)

RATIONALE FOR RECOMMENDATION
The donation allows the City to purchase additional roses and maintenance yard fence screening, which will benefit the general public.

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Donation from the Friends of the Berkeley Rose Garden CONSENT CALENDAR December 5, 2023

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CONTACT PERSON
Bruce Pratt, Parks Superintendent, 510-981-6632.

Attachments:
1: Resolution

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RESOLUTION NO. -N.S.

DONATION FROM THE FRIENDS OF THE BERKELEY ROSE GARDEN IN THE AMOUNT OF $5,000
WHEREAS, on December 17, 2013, Council adopted the Expanded City Parks Donation Policy (Resolution No. 66,831–N.S.); and
WHEREAS, the City’s Open Governance Ordinance (OGO) requires City Council disclosure and approval of any gift to the City in excess of $1,000 (BMC Section 2.06.150, Ord. 7,166-N.S.); and
WHEREAS, the Friends of the Berkeley Rose Garden wish to help the City purchase roses and fence screening with a cash donation of $5,000; and WHEREAS, per the City’s Expanded City Parks Donation Policy, individuals may donate to the City’s parks in selected locations, subject to the approval of the Director of the Parks Recreation & Waterfront Department, and pay for all associated costs, subject to Council disclosure and approval of the gift donation; and WHEREAS, the Director has determined that the proposed donation complies with City’s Expanded City Parks Donation Policy as described in Resolution No. 66,831–N.S. and has approved the proposed donation; and
WHEREAS, the cash donation will be deposited into Parks Fund donation revenue budget code 138-52-542-568-0000-000-000-481110 and will be recommended for appropriation in FY 2024 through the first amendment to the appropriations ordinance in the Parks Tax Fund (Fund 138).

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that a cash donation in the amount of $5,000 from the Friends of the Berkeley Rose Garden for roses and fence screening at the Berkeley Rose Garden is hereby accepted.

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Office of the Mayor
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7100 ● TDD: (510) 981-6903 ● Fax: (510) 981-7199 E-Mail: [email protected]

CONSENT CALENDAR
December 5, 2023
To: Honorable Members of the City Council
From: Mayor Arreguin (Author), Councilmembers Hahn and Wengraf (Co-Sponsors) Subject: Thirteenth Annual Martin Luther King Jr. Celebration: City Sponsorship and Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Fund

RECOMMENDATION

1. Adopt a Resolution co-sponsoring the 13th Annual Martin Luther King Jr. Celebration on January 15, 2024.

BACKGROUND
The annual Martin Luther King Jr Celebration, which first started in 2012, strives to bring together a diverse group of East Bay residents to celebrate and continue the work of Dr.

Martin Luther King Jr. The purpose of this event is to bring the faith based, business, university, youth and civic communities together to celebrate the life and dreams of Dr.

King and to honor adult and youth leaders in our community.

The theme of this year’s event is “Beyond the Dream, Embracing Unity”. This theme is in recognition of the divisions being experienced as a community and nation; and will give a chance to recognize youth, community, and civic leaders who are furthering MLK Jr’s legacy in their work to move people from conflict to unity.

We are proposing that City Councilmembers make individual grants of up to $250 to the Berkeley Rotary Endowment to commemorate and honor Dr. Martin Luther King Jr and support organizations being recognized at the event. The event is being held virtually on January 15, 2024. Funding that is raised will be used to provide scholarships to middle and high school leaders recognized during the program along with a small honorarium to community action awardees.

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13th Annual MLK Jr. Celebration CONSENT CALENDAR
December 5, 2023

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FINANCIAL IMPLICATIONS
No General Fund impact; $250 is available from Mayor Arreguin’s Office Budget discretionary accounts.

ENVIRONMENTAL SUSTAINABILITY
There are no environmental impacts associated with the recommendations in this report.

CONTACT PERSON
Mayor Jesse Arreguín 510-981-7100
Attachments:
1: Resolution for City Sponsorship
2: Resolution for Council Expenditures

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

CITY SPONSORSHIP OF THE 13TH ANNUAL DR. MARTIN LUTHER KING JR.

CELEBRATION
WHEREAS, the Thirteenth Annual Dr. Martin Luther King Jr. Celebration will take place on January 15, 2024; and
WHEREAS, the purpose of this event is to bring the faith based, business, university, youth and civic communities together to celebrate the life and dreams of Dr. King and to honor adult and youth leaders in our community; and
WHEREAS, the theme of this year’s event is “Beyond the Dream, Embracing Unity”, in recognition of the divisions being experienced as a community and nation, and the work being done by youth, community, and civic leaders who are furthering MLK Jr’s legacy in their work to move people from conflict to unity; and WHEREAS, historically the Berkeley City Council has generously provided sponsorship for this event.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City of Berkeley hereby co-sponsors the 13th Annual Dr. Martin Luther King Jr.

Celebration, has permission to use the City’s name and logo in the event’s promotional materials and signage naming the City of Berkeley as a co-sponsor solely for the purpose of the City indicating its endorsement of the event.

BE IT FURTHER RESOLVED that this co-sponsorship does not: (1) authorize financial support, whether in the form of fee waivers, a grant or provision of City services for free; (2) constitute the acceptance of any liability, management, or control on the part of the City for or over the MLK Jr Celebration; or (3) constitute regulatory approval of the event.

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

AUTHORIZING THE EXPENDITURE OF SURPLUS FUNDS FROM THE OFFICE

EXPENSE ACCOUNTS OF THE MAYOR AND COUNCILMEMBERS FOR A GRANT

TOPROVIDE PUBLIC SERVICES FOR A MUNICIPAL PUBLIC PURPOSE WHEREAS, Mayor Jesse Arreguin has surplus funds in his office expenditure account; and
WHEREAS, a California non-profit tax exempt corporation, the Berkeley Rotary Endowment, seeks funds in the amount of $250 to provide the following public services to publicly commemorate and honor the contributions of Dr. Martin Luther King Jr.; and
WHEREAS, the provision of such services would fulfill the following municipal public purpose of bringing the communities across the City, including, but not limited to faith based, business, university, youth and civic communities, together to celebrate the life and dreams of Dr. King and to honor adult and youth leaders in our community.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that funds relinquished by the Mayor and Councilmembers from their Council Office Budget up to $250 per office shall be granted to the Berkeley Rotary Endowment to fund the following services of bringing the communities across the City, including, but not limited to faith based, business, university, youth and civic communities, together to celebrate the life and dreams of Dr. King and to honor adult and youth leaders in our community.

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2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7120 ● E-Mail: [email protected]

CONSENT CALENDAR
Dec. 5, 2023
To: Honorable Mayor and Members of the City Council
From: Councilmember Taplin (Author) and Kesarwani (Co-Sponsor) Subject: Nancy Skinner Municipal Pier Resolution

RECOMMENDATION
Refer to the Parks, Recreation, and Waterfront (PRW) Commission a Resolution renaming the Berkeley Municipal Pier in honor of State Senator Nancy Skinner (D- Berkeley) upon its reopening to the public and authorizing the City Manager to update signage and electronic media accordingly; and to return Resolution to Council for final consideration.

FINANCIAL IMPLICATIONS
Signage and staff time.

BACKGROUND
In 2022, the City of Berkeley secured a $15 million grant of state funds for critical infrastructure projects at the Marina and Waterfront, including much-needed repairs at the Berkeley Pier, which closed in 2015 due to structural problems. This historic state budget earmark is essential for the maintenance and long-term sustainability of the Berkeley Marina. Moreover, restoration of the Berkeley Pier at its full length is essential for preserving all recreational uses while accommodating new WETA ferry service to San Francisco.

It is impossible to overstate the role of Berkeley’s own State Senator Nancy Skinner, serving as Chair of the Senate Budget and Fiscal Review Committee, in making this possible. Few if any public officials have had such a direct role in shaping the future of Berkeley’s Marina and Waterfront area over the past several decades. To cite just one example, Skinner’s leadership on the Berkeley City Council (1984-1992), and later East Bay Regional Parks District Board of Directors (2006-2008), was essential in the establishment and preservation of McLaughlin Eastshore State Park. Since 2008, Skinner has championed Berkeley’s progressive values in both houses of the state Legislature, authoring landmark legislation on environmental policy, criminal justice reform, social justice, housing, education, civil rights, and gun violence prevention.

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Nancy Skinner Municipal Pier CONSENT CALENDAR

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The nearby Tom Bates Fields sets precedent for the commemoration of still-living public servants in the official names of cherished public facilities. Following review by the Lead Commission, this would require a 2/3 vote of the City Council to approve.1

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
None.

CONTACT PERSON
Councilmember Taplin Council District 2 510-981-7120
Attachments:
1: Draft Resolution
1 Appendix A, p. 35:
https://berkeleyca.gov/sites/default/files/documents/City%20Council%20Rules%20of%20Procedure%20- %20July%2011%202023%20-%20FINAL.pdf

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

DESIGNATING THE BERKELEY MUNICIPAL PIER AS THE NANCY SKINNER

MUNICIPAL PIER IN THE CITY OF BERKELEY
WHEREAS, in 2022, State Senate Budget and Fiscal Review Committee Chair Nancy Skinner secured $15 million in the state budget to fund critical repairs and capital projects at the Berkeley Marina and Waterfront; and
WHEREAS, Senator Skinner was first elected to the Berke ley City Council in 198 4, as the first University of California student ever elected to the City Council; and WHEREAS, during her tenure on the Berkeley City Council, Nancy Skinner helped lead the effort to establish and preserve Eastshore State Park; and during her tenure in the State Assembly, authored ACR 55, renaming Eastshore State Park as McLaughlin Eastshore Park; and during her tenure as Senator, secured funding for additional and significant expansion of open space along the East Bay shoreline; and WHEREAS, in the State Assembly, she authored landmark legislation including AB 1014, the first-in-the-nation gun violence restraining order otherwise known as a ‘red flag’ law; AB 1930, giving college students access to federal food assistance; and AB 153, making California one of the first states to require online sellers, like Amazon, with affiliates in California, to collect sales tax on purchases made by state residents; and WHEREAS, in the State Senate, she authored landmark legislation including SB 206, the Fair Pay to Play Act, making California the first state to enact a law giving college athletes the right to earn money from their name, image, and likeness; SB 1421, opening up police misconduct records in California for the first time in four decades; and SB 364, which was included in the 2021-22 state budget, making California the first state to provide two free meals per day for all public school students.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Berkeley Municipal Pier is hereby named the Nancy Skinner Municipal Pier, in honor of the Senator’s four decades of trailblazing public service.

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Kate Harrison
Councilmember, District 4
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● TDD: (510) 981-6903 ● Fax: (510) 644-1174 E-Mail: [email protected]

CONSENT CALENDAR
December 5, 2023
To: Honorable Members of the City Council
From: Councilmember Harrison
Subject: Budget Referral: Refer $273,341 to the November 2023 AAO #1 to Pre- fund the Green Building Program Manager on Permanent Basis

RECOMMENDATION
Refer $273,341 to the November 2023 AAO #1 to pre-fund the Green Building Program Manager position before it expires and thereafter fund it on a permanent basis.

BACKGROUND
The Green Building Program Manager position was conceived by the former Planning Director in 2019 to implement Berkeley’s first in the nation natural gas prohibition ordinance and energy reach codes. Councilmember Harrison incorporated the position into a budget referral for the 2019 AAO #1 attached to the prohibition ordinance, which passed Council on July 16, 2019.1 In December 2019 the Mayor recommended the position for funding and Council approved it as part of AAO #1.2 Although it was funded in FY 2020, funding was continued to subsequent budget processes and City only filled in August 2022.

As described in the 2019 budget referral, the position was to be budgeted for at least two years in the Building & Safety Division and that it would “assist with implementing the gas prohibition ordinance and reach codes” with the following additional duties:
 assist the City of Berkeley in advancing its leadership in electrifying buildings;  assist in development of future code amendments would be the lead staff for managing implementation of new energy-related ordinances and codes, including the Deep Green Building Standards;
 provide training to staff and assistance and consultation to applicants; and,  assist property owners with incentives (e.g., anything offered under the Pathways to Green Buildings plan, the electrification transfer tax subsidy ordinance). 1 https://berkeleyca.gov/sites/default/files/documents/Item%20C%20Rev%20Harrison.pdf 2 https://berkeleyca.gov/sites/default/files/documents/Item%2024%20Supp%20Arreguin.pdf

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Budget Referral: Refer $273,341 to the November 2023 AAO #1 to Pre-fund the Green Building Program Manager on Permanent Basis

CONSENT CALENDAR
December 5, 2023
2 The Mayor in his Fiscal Year 2020 Mid-Year Budget Message included the following summary of the funded position:

Since the position was filled, it has included a broad array of services transcending building decarbonization such as lead paint abatement, CALGreen Reach Code for EV Charging, SolarAPP+ implementation, and waste diversion. The latter is especially critical as the Planning Department and Public Works consider updates to their construction and demolition debris policies and programs as part of a referral scheduled for Council consideration on November 28, 2023. To date, the position has helped the City permit thousands of new all-electric residential units likely avoiding many metric tons of greenhouses gases on an ongoing basis.

The position is also increasingly timely in the face of recent developments such as: the passage of the Inflation Reduction Act and related building decarbonization subsidies/incentives, the expected launch of the $1.5 million Just Transition Residential Electrification Pilot Program, new Bay Area Air Quality Management District and California Air Resources Board electrification requirements, new Building Energy Savings Ordinance electrification requirements, and the adoption of the City’s Existing Buildings Electrification Strategy and Local Hazard Mitigation Plan.

The City cannot afford to lose this position. Consequences of losing the position could include but is not limited to loss of expertise with respect to: (1) the natural gas ordinance, (2) reach codes, (3) early-stage guidance to construction project design teams, (4) new state energy and green codes, (5) real-time solar permitting software, (6) grants, and (7) BESO expansion and implementation, (8) possible expansion and amendment to municipal construction and demolition debris policies.

It is in the public interest to pre-fund this position in order to help retain talent and provide stability and certainty for the City’s climate and building programs.

FISCAL IMPACTS OF RECOMMENDATION
$273,341 annually in general funds. Given that the position was funded in FY 2020, but only filled in 2022, the City enjoyed considerable salary savings.

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Budget Referral: Refer $273,341 to the November 2023 AAO #1 to Pre-fund the Green Building Program Manager on Permanent Basis

CONSENT CALENDAR
December 5, 2023
3 ENVIRONMENTAL SUSTAINABILITY
Reducing natural gas consumption and methane leakage and increasing renewable energy usage in new and existing buildings is a key part of the City’s Climate Action Plan and emissions reduction strategies.

CONTACT PERSON
Councilmember Kate Harrison, (510) 981-7140

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Kate Harrison
Councilmember, District 4
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● TDD: (510) 981-6903 ● Fax: (510) 644-1174 E-Mail: [email protected]

ACTION CALENDAR
December 5, 2023
To: Honorable Members of the City Council
From: Councilmembers Harrison (Author) and Taplin (Co-sponsor) Subject: Budget Referral: Allocate the Existing $900,000 Transportation Network Company (TNC) Tax to Calm Traffic in Vicinity of Derby St., Increase Citywide Traffic Calming Budget, and Establish Ongoing General Fund Allocation Policy for the TNC

RECOMMENDATION
Designate existing $900,000 FY 2024 Transportation Network Company (TNC) Tax allocation as follows:

2. $25,000 to purchase five additional portable speed radar trailers bringing the City’s total to seven for targeted traffic calming; and

3. $325,000 to increase the citywide Traffic Calming Budget on a one-time basis to $400,000 (up from the current $75,000); and

4. $450,000 to citywide to fund:
a. tier 1 protected bicycle lanes and crossings identified in the 2017 Bicycle Plan, including but not limited to quick-build projects; and b. priority pedestrian street crossings identified in the 2020 pedestrian plan, including but not limited to quick-build projects; and
c. priority quick-build public transit projects under the Street Repair Program; and

BACKGROUND
A child was hit by a speeding car Halloween night 2023 while trick-or-treating on Derby Street in southwest Berkeley, resulting in serious injuries. The driver did not stop.

Miraculously, the child survived and is expected to make a full recovery, but not without

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Budget Referral: Allocate the Existing $900,000 Transportation Network Company (TNC) Tax to Calm Traffic in Vicinity of Derby St., Increase Citywide Traffic Calming Budget, and Establish Ongoing General Fund Allocation Policy for the TNC

ACTION CALENDAR
December 5, 2023
2 significant trauma for the victim, family, and community. The hit-and-run suspect is still at large.

The family of the victim of this horrifying traffic violence incident started a petition to address the lack of adequate traffic safety measures, specifically the absence of speed bumps, daylighted crosswalks, and stop signs.

As Chair of the Facilities, Infrastructure, Transportation, Environment & Sustainability Policy Committee, Councilmember Harrison scheduled a hearing on November 15, 2023 to provide the family with an opportunity to speak about their experience and petition, and to provide Transportation Division and Berkeley Police Department staff with an opportunity to respond and consider traffic calming measures.

Specifically, the petition, which now includes more than 16,000 signatures, requests that the Mayor, Council, the Berkeley Police Department and the Berkeley Department of Public Works:

1. install speed bumps on all streets running east to west between Sacramento and San Pablo, and from Dwight Way to Ashby. These include Dwight, Blake, Parker, Carleton, Derby, Ward, Stuart, Oregon, Russell and Julia streets. Speed bumps have been proven effective in reducing vehicle speeds by 20-25% (source: Federal Highway Administration), making our roads safer.

2. establish brightly marked crosswalks at key intersections. Pedestrian fatalities are twice as likely to occur at unmarked crossings compared to those with crosswalks (source: National Highway Traffic Safety Administration).

3. add stop signs at critical locations, specifically on Mabel at Carleton and at Derby. Stop signs not only regulate traffic flow but also prioritize pedestrian safety by forcing drivers to come to a complete halt.

This budget referral seeks to revise already allocated funds from FY 2024. In June 2023, the Council approved Councilmember Harrison’s budget referral, submitted in January 2022, to allocate up to $2 million in TNC revenues to tier 1 bike/pedestrian/mobility/transit projects.1 Councilmember Harrison had previously proposed allocating TNC revenues to such purposes in early 2021.2 1“Budget Referral: Allocate Projected Revenues from Voter-approved Transportation Network Company User Tax to Support Priority Mobility Infrastructure, Including Tier 1 Protected Bicycle Lanes and Crossings, Pedestrian Street Crossings, and Quick-build Public Transit Projects,” January 18, 2022, https://records.cityofberkeley.info/PublicAccess/api/Document/AYihhfv5w8HzhLOFURtCVnuIzC%C3 %89L08MaMb7h8yezajQQXCe8nTt4CrnqA1hlk9fBiQvytqZyp9gxr22wMc75S00%3D/ 2“Budget Referral: Allocate Transportation Network Companies User’s Tax Proceeds and other General Fund Revenues to Support Priority Protected Bicycle Boulevards and the Street Repair Program,” March 9,
2021,https://records.cityofberkeley.info/PublicAccess/api/Document/ARkxRrGkx0%C3%89GGtZtKu8

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ACTION CALENDAR
December 5, 2023
3 Berkeley voters overwhelmingly passed the TNC User’s Tax (Measure GG) in 2020 with a 50-cent fee per rideshare trip specifically in order to generate “at least $900,000 annually to support general municipal services like paving streets and improving pedestrian and bicycle infrastructure.”3 City staff estimate that the tax will bring in approximately $1-1.5 million per year. As the legislative record demonstrates, it is difficult to budget on periodic basis based on revenues. Rather, as included in this item, the Council should establish a general fund revenue policy to ensure that the funding is allocated automatically.

Of the total $900,000 FY 2024 TNC allocation, this budget referral would designate $100,000 to short, medium and long-term traffic calming upgrades in the vicinity of the neighborhood where the traffic violence occurred. This includes $100,000 in dedicated funding for speed tables, daylighting and consideration of a stop sign and $25,000 for purchasing approximately five additional speed trailers that can be deployed across the City to calm traffic (bringing the City’s total to seven). All of these measures were discussed in detail during the November 15, 2023 FITES Committee meeting.

In addition, in recognition of the FITES discussion, the petition, and historic citywide concerns about the City’s woefully underfunded traffic calming budget, this item increases the citywide budget from $75,000 to $400,000.

Consistent with Council’s action in adopting Councilmember Harrison’s 2022 budget referral as part of the FY 2024 budget, this item allocates the remaining $450,000 to citywide priority bike/pedestrian/mobility/transit projects.

Finally, this budget referral refers to the City Manager and Budget staff to establish an ongoing General Fund policy of allocating 50% of annual TNC Tax revenues to a citywide traffic calming budget and the remaining 50% to tier 1 bike/pedestrian/transit priority projects as specified under recommendation 3. a-c.

It is in the public interest to immediately allocate these funds to protect children and other community members from traffic violence in West Berkeley, expand the historically underfunded traffic calming budget, and establish an ongoing policy of allocating TNC revenues consistent with voter intent to enhance low-carbon transportation infrastructure and mitigate for increase car traffic.

TUcvBWPF1qgSC4d8o5Waq20km4RcyQp4H%C3%89q5seu%C3%8130xYc5NRj2NaGiW3uaJStC %C3%89NLo%C3%89k%3D/
3 “Argument in Favor of Measure GG,” Berkeley City Clerk, August 2020, https://www.cityofberkeley.info/uploadedFiles/Clerk/Elections/GG%20- %20Primary%20in%20Favor%20-%20FINAL.pdf

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ACTION CALENDAR
December 5, 2023
4 FISCAL IMPACTS OF RECOMMENDATION
No impact on the general fund as the Council already allocated $900,000 from TNC tax revenues as part of the FY 2024 budget.

ENVIRONMENTAL SUSTAINABILITY
Traffic calming measures enhance community safety and can enhance usage of low- carbon pedestrian/bike/mobility/transit trips consistent with the City’s Climate Action Plan goals.

CONTACT PERSON
Councilmember Kate Harrison, (510) 981-7140

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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: https://berkeleyca.gov/

ACTION CALENDAR
December 5, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Carianna Arredondo, Assistant to the City Manager, City Manager’s Office Subject: Reimagining Public Safety Status Report

RECOMMENDATION

2. Provide comments on the Gun Violence Prevention program model report for Berkeley with the goal of facilitating informed council discussion.

FISCAL IMPACTS OF RECOMMENDATION
No direct financial impacts associated with the subject of these reports.

CURRENT SITUATION AND ITS EFFECTS
The Reimagining Public Safety initiative is a Strategic Plan Priority Project, advancing our goal to create a resilient, safe, connected, and prepared city.

The Reimagining Public Safety initiative stands as a pivotal project, dedicated to transforming public safety in an equitable and community-centered way; this initiative involves a comprehensive and inclusive process that unfolds in three main phases:
 Phase 1 (2020-2022) Community Process and Research
 Phase 2 (2022-2024) Continued Analysis and Implementation  Phase 3 (2024-2026) Continued Implementation and Expansion Phase 1 (2020-2022)
On July 14, 2020, City Council adopted an omnibus package to re-imagine public safety and policing in the City of Berkeley. The omnibus package consisted of numerous elements including, but not limited to the following:
 Community/Consultant Engagement Process. Engaging a qualified firm(s) or individual(s) to lead a robust, inclusive, and transparent community engagement

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Reimagining Public Safety Status Report ACTION CALENDAR December 5, 2023
process with the goal of achieving a new and transformative model of positive, equitable and community-centered safety for Berkeley.
 Specialized Care Unit Development. Analyzing and developing a pilot program to re-assign non-criminal police service calls to a Specialized Care Unit.  Community Crisis Response (CCR) Bridge Services. While the SCU Development process and foundational work is taking place, establishing Bridge Services to address immediate needs to strengthen non-police relationships and supports on the ground for individuals on the verge of crisis.  Priority Dispatch Development. Creating plans and protocols for calls for service to be routed and assigned to alternative preferred responding entities and consider placing dispatch in the Fire Department or elsewhere outside the Police Department.
 City Auditor Analysis. Having the City Auditor perform an analysis of City’s emergency 9-1-1 calls-for-service and responses, as well as analysis of the Berkeley Police Department’s (BPD) budget.
 Fair and Impartial Policing Implementation. Completing the implementation of Fair and Impartial Policing recommendations and policy proposals.  BerkDOT Development. Pursuing the creation of a Berkeley Department of Transportation (“BerkDOT”) to ensure a racial justice lens in traffic enforcement and the development of transportation policy, programs and infrastructure, and identify and implement approaches to reduce and/or eliminate the practice of pretextual stops based on minor traffic violations.
 Violence Intervention Program Implementation. Fully implementing the Ceasefire violence intervention program.

Subsequent to City Council’s adoption of the omnibus motion, the City established a multi-department working group to oversee and implement various components of the package. The working group consisted of the following:
 City Manager;
 Deputy City Managers;
 City Attorney;
 Fire Chief;
 Health, Housing and Community Services (HHCS) Director;  Human Resources Director;
 Police Chief; and
 Public Works Director
The City Manager, leadership team, and city staff actively engaged in comprehensive consultations and strategic planning sessions. Upon the establishment of the Reimagining Public Safety Task Force in January 2021, City department’s responsible for executing Reimagining Public Safety directives, engaged with the Reimagining Public Safety Task Force to shed light on the comprehensive understanding of their

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operations. Through these informative interactions, the Task Force was better positioned to form recommendations. Working in tandem with the Mayor’s office and City Council, the RPS Task Force served as a central pillar of the City’s community engagement strategy, ensuring that diverse perspectives are considered.

Following a community-driven process in Phase 1, based on input from community members, the Reimagining Public Safety Task Force, and recommendations from the National Institute for Criminal Justice Reform and other field experts, council developed a framework and direction on Reimagining Public Safety that would lead the city to carry forward it’s work into the next phase. Many Phase 1 initiatives are still underway and have been carried forward into Phase 2.

Phase 2 (2022-2024)
Currently in progress, Phase 2 comprises a series of pivotal initiatives and deliverables, including:
 Staffing Investments in the Department of Health, Housing and Community Services (HHCS), Police, Public Works, and the City Manager’s office to support with implementing the priority recommendations of this initiative;  Identifying Consultant Costs related to assessments, covering areas such as dispatch needs, crisis response, staffing and beat structure, as well as the development of BerkDOT; and,
 Community Investments dedicated to strengthening community resilience through violence prevention initiatives, engagement programs and mental health services, and providing support for individuals affected by gender-based violence, among other programmatic elements.

As the city progresses through Phase 2 of the Reimagining Public Safety initiative, diligently advancing the groundwork established in Phase 1, the integrated and interdepartmental approach has remained a cornerstone of our efforts. This approach ensures that city departments leading the execution of our Reimagining Public Safety deliverables work cohesively and in alignment with the directives set by the council. In addition, the City’s community-centric process continues to encompass engagement with commissions, boards, committees, ad-hoc groups, and various working groups to strategically inform and guide our work.

BACKGROUND
The dialogue surrounding public safety in the United States shifted in 2020. National events starkly highlighted that trust in law enforcement and public safety mechanisms had been deeply eroded for many, especially within marginalized communities. The tragic and unjust deaths of George Floyd, Breonna Taylor, and many others underscored the pressing need to address systemic inequities and to deeply reconsider the tenets of public safety. On June 6, 2020, over 7,000 Berkeley residents marched in the streets to call for transformative change in law enforcement. The City of Berkeley,

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aware of its role and responsibilities in this national context, promptly heeded this call for introspection and reform.

The following provides a chronology of the City of Berkeley’s systemic actions in its initiative to Reimagine Public Safety, and includes key dates and context related to our progress with Gun Violence Prevention program development:

On July 14, 2020, in Resolution No. 69,501-N.S., City Council passed an omnibus motion, which included a package of items providing direction for the development of a new paradigm of public safety in Berkeley. As part of the items that were adopted, City Council adopted Item 18c (“Referral to City Manager to Re-imagine Policing Approaches to Public Safety Using a Process of Robust Community Engagement, to Develop a Path Forward to Transforming Public Safety and Policing in Berkeley”) and Item 18d (“Transform Community Safety and Initiate a Robust Community Engagement”), which directs the City Manager to engage a qualified firm(s) or individual(s) to lead a robust, inclusive, and transparent community engagement process with the goal of achieving a new and transformative model of positive, equitable and community-centered safety for Berkeley. Subsequent to the adoption of the omnibus package, the City established a multidepartment working group to oversee and implement various components of the package. The working group consisted of the following: City Manager; Deputy City Managers; City Attorney; Fire Chief; Health, Housing and Community Services (HHCS) Director; Human Resources Director; Police Chief; and Public Works Director.

On December 15, 2020, the City Council authorized the City Manager to enter into a contract with the National Institute of Criminal Justice Reform (NICJR) to conduct research, analysis, and use its expertise to develop reports and recommendations for community safety and police reform as well as plan, develop, and lead an inclusive and transparent community engagement process to help the City achieve a new and transformative model of positive, equitable and community-centered safety for Berkeley On January 19, 2021, the City Council adopted revisions to the enabling legislation for the Reimagining Public Safety Task Force Per the Enabling Legislation, the Task Force’s work centered on providing input to and making recommendations to NICJR and City Staff on a set of recommended programs, structures and initiatives incorporated into a final report and implementation plan developed by NICJR to guide future decision making in upcoming budget processes for FY 2022-23 and, as a second phase produced, in the FY 2024-2026 budget process. The Public Safety / Police Re- Imagining and community engagement process was led initially by Deputy City Manager David White and then Deputy City Manager LaTanya Bellow who provided overall project management support to the team.

On November 9, 2021, the Berkeley City Council unanimously approved a budget referral for $200,000 in consulting costs to begin developing a multi-jurisdictional Gun Violence Intervention (GVI) program, also known as “Operation Ceasefire,” in Berkeley.

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On March 10, 2022, the culmination of research analysis, and community dialogue was manifested in the comprehensive reports from NICJR, the Reimagining Public Safety Task Force, and Resource Development Associates work on the Specialized Care Unit (SCU) design. During the council work session, these reports were shared, providing a detailed overview of suggested programs, structural changes, and new initiatives aimed to establish a community-centric safety paradigm. NICJR’s approach and recommendations were rooted in the principles of Reduce, Improve, and Reinvest. The report from the Reimagining Public Safety Task Force offered a response to NICJR’s recommendations, including a historical context on public safety issues and steps to address community-centric approaches in Berkeley. Additionally, the session included three reports specifically related to the design and implementation of the Specialized Care Unity (SCU).

On April 21, 2022, the City Manager provided Council with a report and presentation of the work accomplished in Phase 1 of the Reimagining Public Safety initiative. The report submitted included recommendations for advancing various critical initiatives within the Reimagining Public Safety framework. This encompassed proposals for transforming Berkeley’s police force, enhancing priority dispatch, developing BerkDOT, and establishing a Specialized Care Unit (SCU). The report also included budget recommendations for these initiatives and highlighted important factors for Council to consider in the City’s efforts to move forward with implementation.

On May 5, 2022, a special council meeting was convened, wherein the Mayor’s final framework for the next steps of the Reimagining Public Safety initiative was formally adopted. Included in this package was an additional $200,000 for Ceasefire. This framework was the culmination of years of diligent work from community members, officials and staff. The key decisions made were as follows:

1. Refer up to $5.3 Million to the FY 2023-2024 Budget Process for staff and/or consulting services and community investments to complete the Priority Reimagining Public Safety Initiatives.

2. Direct the City Manager to prioritize over the next two years the programmatic recommendations for Phase 1 of Reimagining Implementation.

3. Direct the City Manager to initiate a design process for an innovative and comprehensive public safety agency or Department of Community Safety within the City of Berkeley administration, and return with recommendations to the City Council by May 2024 to align with the FY 25-26 Biennial Budget process.

4. Except where resources may allow for expedited implementation, refer additional reforms to the FY 2025-2026 Biennial Budget.

On May 25, 2022, the Berkeley Police Department launched a Transparency Hub dashboard, that includes data and analysis designed to support the Ceasefire process.

BPD continues to build automated data visualization tools for violence prevention program stakeholders to track relevant statistics through the duration of the program.

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On May 31, 2022, City Council approved a recommendation, submitted by Councilmember Taplin, to refer $1,000,000 to the budget process to provide full staffing for a Berkeley Ceasefire program. Upon approval, Councilmember Taplin hosted a series of Berkeley Ceasefire D2 Ad-hoc advisory sessions.

On June 28, 2022, the City Council adopted the FY 2023-2024 city budget which included key Reimagining Public Safety Tier 1 items.

On November 28, 2022, the Berkeley Police Department expanded its partnership with UC Berkeley to include a collaboration with the Goldman School of Public Policy to design a Gun Violence Prevention program evaluation plan including the definition of success metrics and independent analysis thereof.

On May 12, 2023, the Gun Violence Prevention report, that explores details of assessments and analysis on Violence Prevention Models as it relates to implementation in Berkeley, was completed.

On August 21, 2023, the Assistant to the City Manager, serving as the Reimagining Public Safety (RPS) Project Coordinator was hired and began collaborating with the City’s Reimagining Public Safety project team to provide a comprehensive update on RPS initiatives and the City’s progress with Gun Violence Prevention program implementation.

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

RATIONALE FOR RECOMMENDATION
To improve transparency and provide a progress update related to the City of Berkeley’s Reimagining Public Safety efforts, based on the guidelines set forth in Resolution No. 69,501-N.S. and recommendations approved during the special council meeting held on May 5, 2022.

ALTERNATIVE ACTIONS CONSIDERED
Staff does not recommend any alternative actions at this time.

CONTACT PERSON
Carianna Arredondo, Assistant to the City Manager, City Manager’s Office, 510-981- 6903
Attachments:
1: Reimagining Public Safety Status Update 2020-23
2: Reimagining Public Safety Status Update 2020-23 Companion Appendix  For Gun Violence Prevention Program Report, See Appendix N

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EXECUTIVE SUMMARY

Status Update and Report Out
City Manager’s Office
Fall 2023

REIMAGINING PUBLIC SAFETY

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EXECUTIVE SUMMARY
2 Page | Reimagining Public Safety Status Report

TABLE OF CONTENTS
EXECUTIVE SUMMARY .................................................................................................................................................. 4 Introduction .................................................................................................................................................................... 5 Timeline of Phase 1 Actions and Commitments ...................................................................................................... 6 Progress Overview ....................................................................................................................................................... 8 Phase 1 ......................................................................................................................................................................... 8 Phase 2 ....................................................................................................................................................................... 13 Considerations ............................................................................................................................................................. 20 Next Steps .................................................................................................................................................................... 21 PRIORITY REIMAGINING PUBLIC SAFETY INITIATIVES .................................................................................. 22 OVERVIEW ....................................................................................................................................................................... 23 Staffing Investments .................................................................................................................................................... 24 Reimagining Public Safety Project Coordinator.................................................................................................................. 24 Diversity, Equity, and Inclusion Officer ................................................................................................................................ 25 Grant Assistance ........................................................................................................................................................................ 27 Specialized Care Unit Implementation ................................................................................................................................ 29 Staffing Positions (Reimagining Public Safety Community Service Officers & Dispatchers)................................. 31 Fair and Impartial Policing ...................................................................................................................................................... 32 Wellness Practices ..................................................................................................................................................................... 34 Vision Zero Program Coordinator ......................................................................................................................................... 35 Constultant Costs ....................................................................................................................................................... 37 BerkDOT Development ........................................................................................................................................................... 37 Behavioral Health, Crisis Response, and Crisis-related Services Needs and Capacity Assessment ................... 39 Staffing Assessment .................................................................................................................................................................. 41 Transportation Fines & Fees Analysis .................................................................................................................................. 42 Department of Community Safety Design and Implementation ................................................................................. 43 Dispatch Needs Assessment .................................................................................................................................................. 44 Community Investments ........................................................................................................................................... 48 Violence Prevention and Youth Services (Voices Against Violence & BYA Counseling Center) ........................... 48 Gun Violence Prevention (Berkeley Ceasefire)... ................................................................................................................ 49 Hearing Officer-Alternatives to Sanctions/Fines ................................................................................................................ 51 Expand Downtown Streets Teams ....................................................................................................................................... 52

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Community Crisis Response Services (Bridge Services) .................................................................................................. 53 Youth Peers Mental Health, Behavioral, and Crisis Response ...................................................................................... 55 Respite from Gender Violence ............................................................................................................................................... 56 Language Equity ......................................................................................................................................................................... 57 APPENDIX ........................................................................................................................................................................ 58

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EXECUTIVE SUMMARY
4 Page | Reimagining Public Safety Status Report

EXECUTIVE SUMMARY
This section provides an overview of Berkeley’s work towards Reimagining Public Safety, highlighting key milestones and the city’s commitment to creating an equitable and effective model for all residents.

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EXECUTIVE SUMMARY
5 Page | Reimagining Public Safety Status Report
Introduction

The dialogue surrounding public safety in the United States shifted in 2020. National events starkly highlighted that trust in law enforcement and public safety mechanisms had been deeply eroded for many, especially within marginalized communities. The tragic and unjust deaths of George Floyd, Breonna Taylor, and many others underscored the pressing need to address systemic inequities and to deeply reconsider the tenets of public safety. On June 6, 2020, over 7,000 Berkeley residents marched in the streets to call for transformative change in law enforcement. The City of Berkeley, aware of its role and responsibilities in this national context, promptly heeded this call for introspection and reform.

This report delineates the systematic and strategic steps -- grounded in equity, transparency, and community engagement -- taken by the City of Berkeley since 2020 to reimagine and recalibrate its approach to public safety.

As Berkeley progresses in its mission, the City remains committed to fashioning a public safety paradigm that is both reflective of community aspiration and is robustly equipped to address emergent challenges through holistic measures. With a blend of strategic financial investments, stakeholder collaboration, and a dedication to innovation, Berkeley is diligently working to set a standard for community-focused public safety.

This report and status update on Reimagining Public Safety underscores the City of Berkeley’s dedication to serving its residents. It provides a comprehensive review of the City’s progress and efforts thus far towards the Reimagining Public Safety initiative. The City remains determined to develop a comprehensive, fair, and inclusive approach to public safety that benefits every member of the community. The City remains committed to these efforts and will continue to collaborate with the community and engage with experts in the field towards designing and implementing a new public safety model that aligns with an expansive approach towards public safety, encompassing areas from traditional policing to mental health and crisis intervention, and disaster preparedness (e.g., managing climate change).

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6 Page | Reimagining Public Safety Status Report
Timeline of Phase 1 Actions and Commitments

The table presented on the following page provides a chronology of the City of Berkeley’s systemic actions in its initiative to Reimagine Public Safety. This timeline highlights significant milestones, serving as a testament to the work, due diligence, and unwavering commitment of both city officials and vibrant community. It sheds light on process, emphasi zing the importance of community engagement, fostering cross departmental collaboration, liaising with pivotal stakeholders and subject matter experts, a ll converging towards a judicious allocation of resources. Such planning and execution ensure that strategies are not only envisioned, but also effectively operationalized with the community’s best interests in mind.

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Phase 1: Community Process and Research
Date Milestone Description References
June 16, 2020
A rapid response to the evolving national dialogue was
evidenced with the introduction of the “Urgency Item: Safety for All,” a directive that set the stage for the Omnibus motion, and comprehensive deliberations on public safety. • Annotated Agenda
July 14, 2020
With the approval of the Omnibus motion, Berkeley signaled its intention to undertake substantive and meaningful
reforms.
• See Action Calendar:

Items 18a-18e
• Annotated Agenda
December 15, 2020
Recognizing the need for expert input, a partnership and contract with the National Institute of Criminal Justice Reform (NICJR) was established.
• See Consent Calendar:

Item 7
• Annotated Agenda

January 19, 2021
Institutionalizing community and stakeholder engagement, the Reimagining Public Safety Task Force was instituted, ensuring that diverse voices were actively included in the reimagining process.
• See Consent Calendar:

Item 18
• Annotated Agenda

March 10, 2022
The culmination of research analysis, and community
dialogue was manifested in the comprehensive reports from NICJR, the Task Force, and Specialized Care Unit (SCU). • See Action Calendar:

Item 1-2
• Annotated Agenda

April 21, 2022
A presentation by the City Manager’s Office served as a synthesis of the work done, offering an in-depth view of Berkeley’s roadmap and strategic vision.
• See Action Calendar:

Item 1
• Annotated Agenda
May 5, 2022
The Mayor presented a plan to the City Council from which a final framework was adopted:

1. Allocating up to $5.3 million for FY 2023-2024, aimed at reinforcing staff/consultant resources, and critical
community investments to complete the Reimagining Public Safety Initiatives.

2. Prioritization of Phase 1 programmatic recommendations for the next two years (2022-2024).

3. A mandate for designing an innovative and comprehensive public safety agency or Department of Community Safety
within the City of Berkeley administration, and return with recommendations to the City Council by May 2024 to align with the FY 2025-2026 Biennial Budget process.

4. Forward-looking plans for further reforms, designated for inclusion in the FY 2025-2026 Biennial Budget.
• See Action Calendar:

Item 1a-1c
• Annotated Agenda
June 28, 2022
The Biennial Budget adoption was emblematic of Berkeley’s strategic foresight, weaving in financial judiciousness with transformative public safety objectives.
• See Action Calendar:

Item 44
• Annotated Agenda

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Progress Overview
Phase 1
Community Process and Research
On July 14, 2020, in Resolution No. 69,501-
N.S., City Council passed a package of items
providing direction for the development of a
new paradigm of public safety in Berkeley. As
part of the items that were adopted, City
Council adopted Item 18c
(“Referral to City
Manager to Re-imagine Policing Approaches to
Public Safety Using a Process of Robust
Community Engagement, to Develop a Path
Forward to Transforming Public Safety and
Policing in Berkeley”) and Item
18d (“Transform
Community Safety and Initiate a Robust
Community Engagement”), which directs the
City Manager to engage a qualified firm(s) or
individual(s) to lead a robust, inclusive, and
transparent community engagement process
with the goal of achieving a new and
transformative model of positive, equitable and
community centered safety for Berkeley.

Partnerships & Collaborations
As outlined in the City Manager’s April 2022
report, the City has embraced a holistic and
integrated community engagement process. This
initiative aims to lead the community toward a
transformative model of equity and community-
centered safety (See Companion Appendix A,
pp. 2-17 of City Manager’s Report).

National Institute for Criminal Justice
Reform (NICJR) Partnership and
Community Engagement
On December 15th 2020, the City Council
authorized a contract with NICJR to enhance
community safety and police reform strategies.

NICJR, selected due to their recognized
expertise and alignment with Berkeley’s ethos,

worked hand-in-hand with City teams,
stakeholders, and community to ensure
comprehensive strategies for Reimagining
efforts.

Reimagining Public Safety Task Force
and Departmental Presentations
On January 19, 2021, the City Council
adopted revisions to the enabling legislation for
the Reimagining Public Safety (RPS) Task Force.

The RPS Task Force’s work centered on
providing input and making recommendations
to NICJR and City Staff on a set of
recommended programs, structures and
initiatives incorporated into a final report and
implementation plan developed by NICJR to
guide future decision making in upcoming
budget processes for FY 2022-23 and, as a
second phase advanced, in the FY 2024-2026
budget process. The Public Safety / Police Re-
Imagining and community engagement process
was led initially by Deputy City Manager David
White and then Deputy City Manager LaTanya
Bellow who provided overall project
management support to the team.

City departments responsible for executing
Reimagining Public Safety directives engaged
with the Reimagining Public Safety Task Force
to shed light on the comprehensive nature of
their operations. Through these informative
interactions, the Task Force was better
positioned to form recommendations. Working
in tandem with the Mayor’s Office and City
Council, the RPS Task Force served as a central
pillar of Berkeley’s community engagement
strategy, ensuring that diverse perspectives are
considered as we continue to shape the future
of public safety in Berkeley.

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Culmination of Efforts and Adopted
Framework
On March 10, 2022, the culmination of
research, analysis, and community dialogue was
manifested in the comprehensive reports from
NICJR, the Reimagining Public Safety Task
Force, and Resource Development Associates
work on the Specialized Care Unit (SCU)
design. During a City Council work session,
these reports were shared, providing a detailed
overview of suggested programs, structural
changes, and new initiatives aimed to establish a
community-centric safety paradigm. NICJR’s
approach and recommendations were rooted in
the principles of Reduce, Improve, and Reinvest.

The report from the Reimagining Public Safety
Task force offered a response to NICJR’s
recommendations, including a historical context
on public safety issues and steps to address
community-centric approaches in Berkeley (See
Companion Appendix A, pp. 861-1005 for
Reimagining Public Safety Task Force Report).

Additionally, the session included three reports
specifically related to the design and
implementation of the Specialized Care Unit
(SCU) (See Companion Appendix E, pp. 2497-
2701 for RDA SCU Reports).

On April 21, 2022, the City Manager provided
the City Council with a report and presentation
on the work accomplished in Phase 1 of the
Reimagining Public Safety initiative. The report
submitted included recommendations for
advancing various critical initiatives within the
Reimagining Public Safety Framework of
Reimagine, Improve, and Reinvest:
• Reimagine: Redesign public safety
from a traditional Police enforcement
model to one that is focused on the
diverse needs of the community it
serves.
• Improve: Improve the City of
Berkeley’s public safety system for
residents and communities that have
experienced the greatest harm from
the existing public safety model.
• Reinvest: Increase equitable
investment in vulnerable communities
and for those who have been
historically marginalized.

This encompassed proposals for transforming
Berkeley’s police force, enhancing priority
dispatch, developing a Berkeley Department of
Transportation (BerkDOT), and establishing a
Specialized Care Unit (SCU). The report also
included budget recommendations for these
initiatives and highlighted important factors for
the City Council to consider in the City’s
efforts to move forward with implementation
(See Companion Appendix A, pp. 2-17 of City
Manager’s Report).

On May 5, 2022, a special City Council
meeting was convened, wherein the Mayor’s
final framework for the next steps of the
Reimagining Public Safety initiative was formally
adopted (See Companion Appendix C, pp.
2287-2307). This framework was the
culmination of years of diligent work from
community members, officials and staff. The key
decisions made were as follows:

1. Refer up to $5.3 Million to the FY
2023-2024 Budget Process for staff
and/or consulting services and
community investments to complete
the Priority Reimagining Public Safety
Initiatives.

2. Direct the City Manager to prioritize
over the next two years the
programmatic recommendations for
Phase 1 of Reimagining Implementation.

3. Direct the City Manager to initiate a
design process for an innovative and
comprehensive public safety agency or
Department of Community Safety
within the City of Berkeley
administration, and return with
recommendations to the City Council

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by May 2024 to align with the FY 25-26
Biennial Budget process.

4. Except where resources may allow for
exp
edited implementation, refer
additional reforms to the FY 2025-2026
B
iennial Budget.

On June 28, 2022, the City Council adopted
the FY 2023-2024 city budget which included
key Reimagining Public Safety Tier 1 items.

Ongoing Engagement
While in 2020, a collaborative strategy was set
in motion, drawing on the expertise of multiple
city departments, as well as the City Auditor, to
ensure alignment with the City Council
directives, this collaborative approach has
remained. In ongoing efforts to maintain
transparency and foster trust, the City’s team
has held public forums, presented City Manager
comments, and issued progress memos to the
City Council and the community (See
Companion Appendix B, pp. 1899-2285 for City
Manager’s Reimagining Public Safety Off-Agenda
Memos).

Deliverables & Status Update
Based on the recommendations listed in the
omnibus package, Phase 1 of the Reimagining
Public Safety Initiative, directed by City
Leadership, consisted of numerous elements.

The following pages provide a high-level
overview of the Phase 1 recommendations and
status updates. Additionally, the following
legend offers an overview of the key
Reimagining Public Safety departments leading
the implementation of these priority initiatives.

It is crucial to emphasize that this initiative is a
city-wide effort, reliant on the active
involvement of a variety of city staff and
community-based subject matter experts
throughout its phased implementation. This

1 https://berkeleyca.gov/your-government/boards-
commissions/reimagining-public-safety-task-force
team is uniquely situated to continue
accomplishing this work. Their dedication,
passion and leadership around this work is truly
exceptional.

Lastly, please refer to the Companion
Appendix
1 online for a full scope of archival
documentation related our efforts; the
Abbreviated Appendix includes new items
introduced.

Reimagining Public Safety Deliverable Leads
Color Code Lead Department
Grey City Manager’s Office (CMO)
Yellow Health Housing and
Community Services (HHCS)

Blue Police
Red Fire
Green Public Works
Orange City Auditor’s Office
Purple City Attorney’s Office (CAO)

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Health, Housing, and Community Services-led Deliverables Deliverable Recommendation Status Update
Specialized Care Unit (SCU)
Development
Adopt the report, “City of Berkeley Specialized Care Unit Crisis Response Recommendations by Resource Development
Associates” and implement the pilot Specialized Care Unit (SCU).

Complete. HHCS worked extensively with RDA, the Reimagining Public Safety Taskforce, the SCU Steering Committee, and other key community stakeholders in the Specialized Care Unit development process. The Specialized Care Unit Response Recommendations were shared with the City Council on March, 10, 2022 (See Companion Appendix E).
(Phase 1) Community Crisis
Response (CCR) Bridge
Services
Implement the Community Crisis Response (CCR) services while the Specialized Care Unit is piloted and reaches full operations.

In Progress. Contracts with Alameda County Network of Mental Health Clients (Berkeley Drop-in Center), Options Recovery, and Women’s Daytime Drop-in Center renewed/amended.

Gender Violence
Recommendations
Implement recommendations from the Reimagining Task Force relating to Gender Violence, LGBTQIA and PEERS as feasible.

In Progress. HHCS has hired a Community Services Specialist II to support with implementing these recommendations and preliminary steps of research are underway.

Fire-led Deliverable
Deliverable Recommendation Status Update
Priority Dispatch
Development
Continue development and implementation of prioritized
dispatch, request staff return with a recommended plan.

In Progress. Federal Engineering, Inc. was contracted for the Dispatch Needs Assessment, a second opinion with another industry expert is underway.

City Manager’s Office-led Deliverables
Deliverable Recommendation Status Update
Community/Consultant
Engagement Process
Engaging a qualified firm(s) or individual(s) to lead a robust, inclusive, and transparent community engagement process with the goal of achieving a new and transformative model of positive, equitable and community-centered safety for Berkeley.

Complete. The City of Berkeley engaged with several key community stakeholders and field experts in the Reimagining Public Safety process.

Recommendations shared include: the SCU Response Recommendation, Reimagining Public Safety Taskforce Recommendations (shared March 10, 2022), and City Manager’s Report and Recommendations (shared April 21, 2022) (See Companion Appendix A).

Alternative Response
Implementation Plan
Develop an implementation plan to expand alternative response from civilian responders beyond the proposed pilot for SCU for other low-level calls that includes, but is not limited to:

Community Service Officers for only those calls that necessitate police, code enforcement, environmental health, fire inspectors or city-hired community mediators.

To Be Initiated. Preliminary steps of research are underway.

Violence Intervention
Program (GVP/Ceasefire) Fully implement the Ceasefire Violence Intervention Program. In Progress. Gun Violence Prevention analysis has been completed, the Assistant to the City Manager is outlining preliminary next steps for implementation.

PHASE 1 DELIVERABLES REIMAGINE

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City Auditor-led Deliverable
Deliverable Recommendation Status Update
City Auditor Analysis
Have the City Auditor perform an analysis of City’s emergency 9- 1-1 calls-for service and responses, as well as analysis of the Berkeley Police Department’s (BPD) budget.

Complete. The City Auditor Completed their report, Data Analysis of the City of Berkeley’s Police Response, July 2, 2021 (See Companion Appendix A, pp. 521- 600).

Public Works-led Deliverables
Deliverable Recommendation Status Update
Berkeley Department of
Transportation (BerkDOT)
Development
Pursuing the creation of a Berkeley Department of
Transportation (“BerkDoT”) to ensure a racial justice lens in traffic enforcement and the development of transportation policy, programs and infrastructure, and identify and implement approaches to reduce and/or eliminate the practice of pretextual stops based on minor traffic violations.

In Progress. While the City Manager’s Office Public Works Department continues to work with stakeholders and constituents in the BerkDOT development process, progress has been slow, especially concerning legislative matters. For instance, the California Senate Bill 50 supporting civilian traffic enforcement was declined on September 14, 2023. Additionally, since Berkeley is not included in the Assembly Bill 645, introducing a Speed Safety System Pilot Program locally would require separate legislation.

Crossing Guards Transition Transition crossing guards from BPD to Public Works until a Department of Transportation is developed.

Complete. Transition of crossing guards from BPD to Public Works until a Department of Transportation is developed is completed. Additionally, Public Works planning capacity has been expanded to include collision analysis.

Transportation Functions
Consolidation
Continue consolidating transportation functions as recommended by staff. In Progress. Continued efforts are underway.

Police-led Deliverable(s)
Deliverable Recommendation Status Update
Fair and Impartial Policing
Recommendations
Complete the implementation of Fair and Impartial Policing (FIP) Recommendations.

In Progress. Following the approval of the 14 Fair and Impartial Policing recommendations, the Berkeley Police Department has fully implemented 13 of them and has hired a consultant to fulfill the remaining recommendation.

Auditor Recommendations Complete Auditor Recommendations on overtime and calls for service.

Complete. The Berkeley Police Department initiated efforts to implement recommendations. Progress updates have been communicated to council and the community via memos and information reports (See Companion Appendix S, pp. 3246-3257 for latest update).

City Attorney-led Deliverable
Deliverable Recommendation Status Update
Litigation Analysis
Analyzing litigation outcomes and exposure for city departments in order to guide the creation of City policy to reduce the impact of settlements on the General Fund.

In Progress. The City Attorney’s Offices continues to partner with departments on all Reimagining Public Safety-related efforts.

IMPROVE

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Progress Overview
Phase 2
Continued Analysis and
Implementation
The Reimagining Public Safety initiative stands as
a pivotal project, dedicated to transforming
public safety in an equitable and community-
centered way; this initiative involves a
comprehensive and inclusive process that
unfolds in three main phases:

1. Phase 1 (2020-2022) Community
Process and Research

2. Phase 2 (2022-2024) Continued
Analysis and Implementation

3. Phase 3 (2024-2026) Continued
Implementation and Expansion
Following a community-driven process in Phase
1, based on input from community members,
the Reimagining Public Safety Task Force, and
recommendations from the National Institute
for Criminal Justice Reform and other field
experts, the City Council developed a
framework and direction on Reimagining Public
Safety that would lead the city to carry forward
it’s work into the next phase.

Employing the guiding principles of Reimagine,
Improve, and Reinvest, as a framework for the
city’s efforts, Phase 2 comprises a series of
pivotal initiatives and deliverables, including:
• Staffing Investments in the
Department of Health, Housing and
Community Services (HHCS), Police,
Public Works, and the City Manager’s
Office, to support with implementing
the priority recommendations of this
initiative;
• Identifying Consultant Costs related
to assessments, covering areas such as

dispatch needs, crisis response, staffing
and beat structure, as well as the
development of BerkDOT; and
• Community Investments dedicated to
strengthening community resilience
through: violence prevention initiatives,
engagement programs and mental
health services, and providing support
for individuals affected by gender-based
violence, among other programmatic
elements.

Partnerships & Collaborations
As the City of Berkeley progresses through
Phase 2 of the Reimagining Public Safety
initiative, the City staff leading this work have
diligently carried forward the groundwork
established in Phase 1. During this phase, an
integrated and interdepartmental approach has
remained a cornerstone of the City’s efforts.

This approach ensures that departments leading
the execution of the Reimagining Public Safety
deliverables work cohesively and in alignment
with the directives set by the City Council. In
addition, the City’s community-centric process
continues to encompass engagement with
commissions, boards, committees, ad-hoc
groups, and various working groups to
strategically inform and guide the work.

Preparations are underway to provide a
detailed account of the evolving nature of these
partnerships as Phase 2 nears conclusion.

Deliverables and Status Update
The following pages contain tables that offer a
summarized overview of the key deliverables
associated with the Reimagining Public Safety
initiative. These deliverables, as outlined, derive
from the phased approach adopted during the
City Council meeting on May 5, 2022 (See
Companion Appendix C, pp. 2290-2298 for
outline of phased approach and deliverables).

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Subsequently, beginning on page 23, the
“Priority Reimagining Public Safety Initiatives”
section offers a detailed account of each
department’s specific actions and their current
status. Through this structure, the City team
leading this work aims to clearly communicate
both the individual steps taken by departments
and the broader progress made in Berkeley’s
efforts to reimagine public safety.

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City Manager’s Office-led Deliverables
Deliverable Recommendation Status Update
Assistant to the City Manager
Reimagining Project
Coordinator
The responsibilities of project management have fallen under Deputy City Manager, with part-time support from a Management Analyst. To effectively coordinate the ongoing work, a full-time senior level staff person is required.

In Progress. This position was successfully filled on August 21, 2023. The Assistant to the City Manager will continue to support and report out on the city’s Reimagining efforts.

Office of Equity
(DEI Officer and Assistant)
The development of the Office of Equity should reflect the recommendations from the Task Force. Particular attention from the Office of Equity should be paid to language access.

In Progress. The individual appointed to the DEI Officer role is anticipated to commence their duties on November 27, 2023.

Grant Assistance Recommended by City Manager to access grant funds to support reimagining efforts and other programs.

In Progress. The city is currently engaged with California Consulting LLC. for grant writing support and coordinated efforts; FY 23 funding carryover request for AA0#1.

Health Housing and Community Services-led Deliverables
Deliverable Recommendation Status Update
(Phase 1) SCU Implementation
Adopt the report, “City of Berkeley Specialized Care Unit Crisis Response Recommendations by Resource Development Associates” and implement the pilot Specialized Care Unit (SCU)
In Progress. Contract with Bonita House initiated; SCU
continues to hire and train staff to build to 24/7 operations.

Police-led Deliverables
Deliverable Recommendation Status Update
(Phase 1) Fair and Impartial
Policing Implementation
Recommendation to implement and prioritize FIP and continue to support employee training and professional development.

In Progress. 13 of the 14 Task force recommendations have been implemented; BPD will continue to support and fulfill officer training needs through Fiscal Year 2025.

Wellness Funding Continue to support employee health and wellness. In Progress. Continued partnerships and efforts towards BPD Wellness Practices for officers are underway.

Staffing (CSO & Dispatcher)
Launch a pilot Community Services Officer unit using Police salary savings.

Positions would be project based for two-years. Evaluate pilot after two-year period to align with the FY 25-26 Budget Process and determine the appropriate location of the CSO unit within a new Public Safety Department and the role for other non-sworn responders.

In Progress. Recruitment is underway, current applicants are being assessed for candidacy.

PHASE 2 DELIVERABLES REIMAGINE

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Health Housing and Community Services-led Deliverables
Deliverable Recommendation Status Update
Crisis Needs Assessment Behavioral Health, Crisis Response, and Crisis-related Services Needs and Capacity Assessments
In Progress. Existing contract for SCU program evaluation is amended to add a scope of work for RDA to conduct the
crisis needs assessment; work is underway.

Public Works-led Deliverables
Deliverable Recommendation Status Update
Vision Zero Coordinator
(Collision Analysis)
Approve a new Vision Zero staff position in Public Works’ Division of Transportation to conduct collision analysis. This will promote the City’s Vision Zero approach by boosting the City’s capacity to analyze collision data collected by the Police Department.

In Progress. This position was successfully filled October 2023. The Associate Planner will continue to support and report out on Vision Zero as it relates to Reimagining efforts.

Public Works-led Deliverables
Deliverable Recommendation Status Update
(Phase 1) BerkDOT
Development
Continue BerkDOT process to plan for a civilian traffic enforcement unit, both by informing the content of state law changes to enable such a unit, and by developing two implementation plans: 1) if state law changes to accommodate, and 2) if state law does not change.

In Progress. Efforts related to BerkDOT design are in
preliminary stages; funding deferred for AA0#1 review.

Police-led Deliverables
Deliverable Recommendation Status Update
Staffing Assessment Analysis of BPD Staffing and Beat Structure. In Progress. Contract with Citygate for Staffing Assessment; preliminary stages of data collection underway.

CONSULTANT COSTS

PHASE 2 DELIVERABLES IMPROVE

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City Manager’s Office-led Deliverables
Deliverable Recommendation Status Update
Transportation Fines/Fees
Review Municipal Code for proposed changes to increase equity and racial justice in City’s transportation fines and fees, and explore the civilianization of the municipal code.

To Be Initiated. This deliverable has yet to be
implemented; funding deferred for AA0#1 review.

Department of Community
Safety
Support an organizational design process to create an umbrella Department of Community Safety.

To Be Initiated. Efforts related to Department of
Community Safety design are in preliminary stages; funding deferred for AA0#1 review.

Fire-led Deliverables
Deliverable Recommendation Status Update
(Phase 1) Dispatch Needs
Assessment (DNA) &
Implementation
Consulting costs requested by City Manager to support
continued analysis of prioritized dispatch and development of an implementation plan.

In Progress. Stage 1 of DNA is well underway, a second
opinion will be initiated with an additional vendor.

Health Housing and Community Services-led Deliverables
Deliverable Recommendation Status Update
Violence Prevention and Youth
Services
Community investments for violence prevention/services programs (McGee Ave.

Baptist Church and Berkeley Youth Alternatives). In Progress. Funds have been allocated to CBOs.

City Manager’s Office-led Deliverables
Deliverable Recommendation Status Update
(Phase1) Gun Violence
Prevention (Ceasefire)
Development
Fully implement the Ceasefire violence intervention program.

In Progress. Preliminary analysis of Gun Violence
Prevention Programs complete; FY 23 funding carryover
request for AA0#1.

COMMUNITY INVESTMENTS

VIOLENCE PREVENTION

CONSULTANT COSTS
PHASE 2 DELIVERABLES REINVEST

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Health Housing and Community Services-led Deliverables
Deliverable Recommendation Status Update
(Phase 1) Community Crisis
Response (CCR) Bridge Services
Implement the Community Crisis Response (CCR) services while Specialized Care Unit ramps up.

In Progress. Contracts with Alameda County Network of
Mental Health Clients (Berkeley Drop-in Center), Options Recovery, and Women’s Daytime Drop-in Center
renewed/amended.

Youth Peers Mental Health
Response
Youth Peers Mental Health Response is retained as proposed by the Berkeley High School student-led plan for mental health services.

In Progress. Contract with BUSD initiated; wellness center work is underway with a soft launch of the new center in winter 2024.

Public Works-led Deliverables
Deliverable Recommendation Status Update
Expand Downtown Streets
Teams (DST)
Expand Downtown Streets Team (DST) as placement for low-level violations (e.g. vehicular camping/parking and sidewalk ordinance infractions).

In Progress. A contract with DST has been renewed and it has been expanded to cover additional areas; however, for the specific work to place low-level violators; funding deferred for AA0#1 review.

Alternatives to Sanctions/Fines
Hearing Officer
Expand hearing officer resources in the City Manager’s Office to provide alternative referrals to community service and social services for parking and other infractions.

In Progress. Resources in Public Works have been
expanded to support these efforts; alternatives to sanctions and fines to be initiated; funding deferred for AA0#1
review.

ALTERNATIVES TO SANCTIONS/FINES

COMMUNITY MENTAL HEALTH, BEHAVIORAL AND CRISIS RESPONSE

COMMUNITY INVESTMENTS
PHASE 2 DELIVERABLES REIMAGINE

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Health Housing and Community Services-led Deliverables
Deliverable Recommendation Status Update
Respite from Gender Violence
Provide services and housing leads for victims of gender violence. Request staff to work with county partners and CBOs to map the system, identify gaps, recommend how to fill them.

In Progress. Community Services Specialist II hired with preliminary steps of system mapping underway.

City Manager’s Office-led Deliverables
Deliverable Recommendation Status Update
Language Equity Publish victim resources in plain language and in multiple languages.

To Be Initiated. Efforts related to Language Equity are in preliminary stages, the Assistant to the City Manager will partner with HHCS on implementation; FY 23 funding
carryover request for AA0#1.

RESPITE FROM GENDER VIOLENCE

LANGUAGE EQUITY

COMMUNITY INVESTMENTS
PHASE 2 DELIVERABLES IMPROVE

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Considerations
In the process of Reimagining Public Safety,
Berkeley is faced with a series of
interconnected challenges that could shape the
trajectory, efficacy, and timeline of
implementation. Understanding and addressing
these considerations is imperative to ensure
that efforts are not only transformative but also
compliant, sustainable, and resilient to potential
challenges.

Staffing Vacancies and
Attrition
From 2018 to 2022, the City of Berkeley
observed a concerning trend in attrition, with
departures surpassing hires. According to the
City Auditors report, by October 2022, the city
of Berkeley’s vacancy rate was 19%, ranking it
as the second highest in the Bay Area (See
Companion Appendix U, pp. 3271-3275 for
report). This staffing challenge has had tangible
impacts on service delivery, and poses
significant challenges, especially as the City staff
strive to successfully implement the Reimagining
Public Safety initiative.

Reduced staffing has had a pronounced impact
on various city services. Confronting these
challenges, several departments have had to
adjust operations and manage costs.

Furthermore, attrition has led to substantial
loss of institutional knowledge. With that said,
in the city’s continued progression toward the
Reimagining Public Safety initiative, it is crucial
to have a stable and committed workforce to
drive these transformative changes. This
approach is essential to align with the City
Council’s established timeframe, scope, and
budgetary parameters. Ultimately, the staffing
challenges in key departments may have ripple
effects on the City of Berkeley’s broader public
safety objectives, emphasizing the
interconnectedness of city services and the

urgency to address these staffing concerns
holistically, such as through the Employer of
Choice (EOC) initiative (See Companion
Appendix V, pp. 3328-3361 for EOC supporting
documentation).

Regulatory Compliance
As the City of Berkeley moves forward with its
initiatives, particularly in developing the
Berkeley Department of Transportation
(BerkDOT), the City must adhere to regulatory
frameworks.
• Local Adherence: Compliance with
City of Berkeley’s specific ordinances
and by-laws is crucial. These local
guidelines dictate the foundation and
operation of city departments, ensuring
that efforts remain consistent with
established standards.
• State-Level Conformity: Navigating
the intricacies of California’s regulatory
landscape is essential. For example
while the California SB-50 Bill, which
supported civilian traffic enforcement,
was not approved as of September 14,
2023, it serves as a significant legislative
consideration. It is imperative that the
City stay updated on these legislative
developments and align, or adjust, our
strategies accordingly to ensure legal
compliance.
• Federal Standards: The City’s
initiatives must meet the expectations
set by federal entities, including the
United States Department of
Transportation and related federal
mandates in the realms of public safety
and transportation. This ensures
eligibility for federal grants and
maintains the integrity of potential
national partnerships.

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We will rely on the City Attorney’s Office
to ensure that the initiatives associated with
these efforts comply with federal, state, and
local laws, regulations, and statutes.

Ongoing Funding
In the context of Reimagining Public Safety, it is
important to underscore the fiscal parameters
under which this effort is operating. The City of
Berkeley has allocated budgetary support
specifically for Fiscal Years 2023 and 2024, with
the anticipation of supplying recommendations
for the next budgetary cycle by May 2024 (See
Companion Appendix C, pp. 2290-2298 and
Appendix T, pp. 3259-3264).
• Implementation Delays: Due to
delays in rolling out select deliverables,
there is a potential challenge ahead. By
the time budgetary recommendations
are presented to the City Council in
May 2024, some Reimagining-related
initiatives may still be in the early stages
of implementation. This early phase
could complicate accurate evaluations
of their financial implications and long-
term feasibility.
• Grant Funding: While external grant
funding is being pursued to execute
some of the deliverables, the nature of
such funding is inherently uncertain.

Grants, whether from foundations or
government sources, are highly
competitive, often involving lengthy
decision-making processes. As a result,
and there is no guarantee of securing
them for intended purposes.

Implementation Timeline
While the Reimagining Public Safety initiative
has set ambitious goals, the full realization of
these objectives and deliverables may span an
extended timeframe. Estimations project a
timeline of 3-5 years for the complete roll-out
of all items. However, it is paramount to
consider that legislative progress and other
unforeseen factors could extend this period.

Furthermore, regular analysis is vital to
understand and ascertain the effectiveness of
these implemented initiatives. To ensure
accurate assessment, it is crucial to allow
enough time for initiatives and measures to take
effect. The timeline and phased approach
presented, while informed and deliberate,
should be viewed as a dynamic structure.

Next Steps
As the City advances efforts towards the R eimagining Public Safety initiative, continuing to strategically navigate evolving challenges such as staffing vacancies, legislative considerations, and budgetary constraints will remain a priority, with a proactive and solution-oriented approach. City leaders, in conjunction with Human Resources, are diligently working to address staffing concerns . Concurrently, the City Manager’s Office and Public Works Department is engaged with relevant legislative entities to further the BerkDOT agenda. And lastly, the City staff and Council will make budgetary decisio ns during the AAO#1 (First Amendment Annual Appropriations Ordinance) process scheduled for mid -December. In this process, the City Council will consider re -appropriation of unspent Fiscal Year (FY) 2023 funds and deferred items into FY 24, informing the development of FY 25-26 Biennial Budget.

The City Manager’s Office, alongside the departments spearheading this work, will plan to deliver the next progress update on Reimagining Public Safety by Spring 2024, which will provide further insights into both a ccomplishments and challenges. In line with these efforts, the City expects to continue to cultivate a community- centered approach as initiatives are designed, implemented, and assessed with principles of compassion, equity, and democracy at the forefront.

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Priority Reimagining Public Safety Initiatives
This section offers a concise overview of Berkeley’s work towards Reimagining Public Safety, highlighting key milestones and the city’s commitment to creating an equitable and effective model for all residents.

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Overview
Building upon the summaries outlined in the earlier sections for Phases I and II, this part of the report delves deeper, offering an expanded view of the City’s ongoing endeavors. It will detail the unique challenges and considerations associated with each deliverable, laying out forthcoming steps and associated timelines. Further corroborative details can be found in the report’s companion appendix.

As mentioned in the Executive Summary, while the City presses forward in efforts to reimagine public safety, it is pivotal to acknowledge certain roadblocks. Some initiatives have faced delays, primarily attributed to staffing constraints and temporary deferral of resources. It is the City’s duty and responsibility to ensure transparency and clear communication regarding all facets of this initiative, including both achievements and challenges encountered.

It is vital to recognize that, while there are further milestones to attain, real change is a continuous process. The City of Berkeley remains deeply invested in this essential work and its impactful journey ahead. This work, grounded in community, is not just an obligation but a privilege, and it remains central to Berkeley’s shared vision of a safer, more inclusive city.

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STAFFING INVESTMENTS

REIMAGINING PUBLIC SAFETY PROJECT COORDINATOR
Department Lead: City Manager’s Office
Status Update: In Progress
Overview:

The City recognized the need for dedicated leadership to support the multi-departmental responsibilities of the Reimagining Public Safety initiative. This requirement led to the creation of the role of Assistant to the City Manager as a Reimagining Public Safety Project Coordinator. Previously, such responsibilities were managed by the Deputy City Manager with support from a Management Analyst. Given the extensive scope of the initiative, this appointment became an essential need and priority. This position was successfully filled on August 21, 2023.

Since assuming the position, the Assistant to the City Manager has engaged with pivotal departments including Police, Fire, Health Housing and Community Services, and Public Works. To streamline the reporting and documentation process, the Assistant to the City Manager has worked collaboratively with these departments to craft the Reimagining Public Safety Coordination Plan (See Abbreviated Appendix D, pp. 2477-2485 for RPS Coordination Plan). This plan serves as an essential roadmap, aiming to efficiently manage resources, bolster communication, and ensure methodical progress towards a new public safety paradigm.

Key Accomplishments and Next Steps:

Considerations:
• Departmental Coordination and Alignment: Given the multi-departmental involvement, there’s a necessity to ensure seamless coordination among various departments such as Police, Fire, Health Housing and Community Services, and Public Works. With city-wide staffing shortages and competing priorities, proper resource management becomes critical to maintain RPS Phase Timeline Milestone
Phase 2
(2022-2024)

August 2023 Assistant to the City Manager hired.

September –
November 2023
Reimagining Public Safety Coordination plan created and a Reimagining Public Safety status report is underway.

Anticipated
December 2023
Reimagining Public Safety presentation to the City Council (December 5, 2023).

Anticipated
Fall 2023 –
ongoing
The Assistant to the City Manager, will continue to coordinate and offer support in project management facets of the initiative.

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momentum and efficiency. With this in mind, achieving consistent alignment and understanding among the core departmental team leading this work is essential.

Ongoing Timelines:
• Fall 2023 – ongoing: The Assistant to the City Manager, in their capacity as the Reimagining Public Safety Project Coordinator, will continue to project manage and offer support in various facets of the initiative. Their role will be pivotal ensuring seamless progression and implementation of all endeavors associated with Reimagining Public Safety. They will continue to collaborate cross-departmentally to report back to the City Council with updates on the initiative's progress in Spring 2024.

DIVERSITY, EQUITY, AND INCLUSION (DEI) OFFICER
Department Lead: City Manager’s Office
Status Update: In Progress
Overview:

Endorsed by the City Council, Reimagining Public Safety Task Force, the City Manager’s Office championed the establishment of a DEI Officer position, as part of Phase 2 implementation. Situated within the City Manager’s Office, the DEI Officer will helm the Diversity, Equity, and Inclusion Division.

The primary vision guiding the Diversity, Equity, and Inclusion Division is to centralize and embed equity and justice practices within the City’s infrastructure. By adopting this approach, the City aspires to not only address present disparities but also to cultivate strong alliances with community organizations. The overarching goal is for City Departments to continue to evolve into entities that are both responsive and truly accountable to the diverse communities they serve.

The DEI Officer’s responsibilities will encompass overseeing the division’s multifaceted actives and operations, including but not limited to:
• Strategic Development and Policy Administration: Under the direction of the City Manager, the DEI Officer will lead the creation, planning, and deployment of the DEI Division’s strategic objectives. Their responsibility will extend to crafting and endorsing policies and procedures, ensuring they resonate with the City’s DEI vision and lay the groundwork for enduring, meaningful change. Central to this role will be the Officer’s capability to harmonize divisional activities cross-departmentally, fostering a unified approach to city-wide training and professional advancement.
• Inclusive Visionary Leadership: The DEI Officer will be an integral part of promoting inclusivity within the City. Tasked with the responsibility to collaborate with City and community leadership, the Officer will help align diversity and inclusion initiatives with the City’s broader objectives. They are expected to facilitate strategic planning in areas of diversity and inclusion and periodically engage in evaluations through surveys. The aim is to collaboratively develop and implement strategies that reflect the City’s mission, vision, and goals, ensuring that Berkeley continues its commitment to being an inclusive and equitable community.

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Key Accomplishments and Next Steps:

Considerations:
• Definition and Scope, and Sustainability: Navigating the evolving landscape of DEI requires the city of Berkeley to maintain a clear, shared understanding of its significance. Ensuring the that City’s DEI vision remains aligned with evolving norms and values while planning for long- term sustainable impact. This overarching consideration encompasses understanding DEI, implementing initiatives, and working towards continuity. • Inter-departmental Collaboration and Resource Allocation: Effective DEI integration hinges on seamless collaboration between various city departments. It is essential to strike a balance between promoting DEI principles and other citywide priorities, which can pose challenges in terms of communication, coordination, and the optimal allocation of resources. • Community Trust, Engagement, and Evaluation Metrics: Building and retaining community trust is vital for the success of DEI efforts. This involves effective communication and the establishment of clear metrics to evaluate the effectiveness of DEI efforts and implementation.

Ongoing Timelines:
• Fall 2023 – ongoing: The individual appointed to the DEI Officer role is anticipated to commence their duties on November 27, 2023. The City Manager’s Office anticipates next steps would likely include onboarding and familiarization with the city’s current DEI landscape and getting acquainted with the City’s structure and key personnel in order to begin building a strategic DEI plan and hiring the DEI Administrative Assistant to support this implementation.

RPS Phase Timeline Milestone
Phase 2
(2022-2024)

Anticipated
November 2023
DEI Officer Hired. The individual appointed to the DEI Officer role is anticipated to commence their duties on November 27, 2023.

Anticipated
Fall 2023 –
ongoing
Onboarding of DEI Officer and preliminary planning of DEI strategic plan. Hiring of DEI Administrative Assistant. Next steps would likely include onboarding and familiarization with the city’s current DEI landscape and getting acquainted with the City’s structure and key personnel in order to begin building a strategic DEI plan.

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GRANT ASSISTANCE
Department Lead: City Manager’s Office
Status Update: In Progress (FY 23 carryover request to AAO#1) Overview:

In Phase 2 of the Reimagining Public Safety initiative, the City Council approved an allocation of $100,000 for fiscal years 2023 and 2024. This funding aims to bolster the longevity and sustainability of the City’s commitment to Reimagining Public Safety. In 2024, the City of Berkeley has engaged California Consulting, LLC to enhance grant application capabilities (See Companion Appendix R, pp. 3241-3244 for California Consulting Contract and Scope of Services). In the pursuit of a more comprehensive Reimagining Public Safety initiative, the City of Berkeley has turned its attention to opportunities that not only address immediate safety concerns but also contribute to the overall wellbeing and enhancement of community spaces.

Among the state and federal grants pursued, notable prospective state funders include the Community
Resilience Centers Program2 (CRC) and the CalTrans Clean California Local Grant Program3. The CRC aims to fund facilities that serve as community safe havens during climate adversities, offering shelter and vital resources during challenges such as extreme heat or poor air quality events. The Clean California program is devised to channel funds into local communities, aiming to beautify and uplift local streets, tribal lands, parks, pathways and transit centers. Equally important, the Clean California program is committed to advancing equity, promoting public health, strengthening cultural connections, and enhancing community place making.

Significant Federal grant applications include the PROTECT Discretionary Grant Program4 and Reconnecting Communities and Neighborhoods (RCN) Program5. The PROTECT program’s vision revolves around bolstering the resilience of transportation infrastructure against the impending climate crisis. The primary objective of the PROTECT program is not only to ensure resilient transportation infrastructure but also to promote equity by safeguarding disadvantaged communities, who often bear the brunt of natural hazards. The RCN program holds significant alignment with the Reimagining Public Safety objectives as one of its priorities. It emphasizes the advancement of disadvantaged communities, broadens access to essential services such as jobs, education, healthcare, food, and recreation, and underscores the importance of equitable development and community restoration. Additionally, a key focus is on bridging community divides by tackling transportation facilities that impede connectivity, ensuring that mobility, access, and economic development are unobstructed.

Unspent funds ($100,000) from Fiscal Year 2023 have been requested for carryover to FY 2024 as part of AA0#1. The Assistant to the City Manager will collaborate cross-departmentally to pinpoint grant opportunities that align with objectives of the Reimagining Public Safety initiative.

2 https://sgc.ca.gov/programs/community-resilience-centers/ 3 https://cleancalifornia.dot.ca.gov/local-grant-program 4 grants.gov/search-results-detail/347585
5 https://www.transportation.gov/grants/rcnprogram

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Key Accomplishments and Next Steps:

Considerations:
• Grant Alignment and Coordination: Grants from state, federal, and local sources come with varied criteria. Balancing Berkeley’s Reimagining Public Safety goals with these diverse requirements demands precise tailoring of applications, ensuring both alignment with grant specifics and adherence to overarching Reimagining Public Safety objectives. In addition to this, inter-departmental collaboration introduces considerations for streamlined processes.

Ongoing Timelines:
• Fall 2023 – ongoing: Unspent funds ($100,000) from Fiscal Year 2023 have been requested for carryover to FY 2024 as part of AA0#1. The Assistant to the City Manager will collaborate cross-departmentally to pinpoint grant opportunities that align with objectives of the Reimagining Public Safety initiative.

RPS Phase Timeline Milestone

Phase 2
(2022-2024)

Summer –
Fall 2023
Contract with California Consulting, LLC has been initiated. Seven grant applications were submitted under the direction of Parks, Recreation and Waterfront Department.

Anticipated
Winter 2023 –
ongoing
The Reimagining Public Safety Project Coordinator will manage continued efforts in grant identification, application, and management.

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SPECIALIZED CARE UNIT IMPLEMENTATION
Department Lead: Health, Housing and Community Services Department Status Update: In Progress
Overview:

In part of the Mayor’s phased approach to Reimagining Public Safety, Phase 1 work primarily focused on extensive community engagement and research to create recommendations for a Berkeley-specific crisis response model. To ensure that the design of the Specialized Care Unit (SCU) model was aligned with community expectations, Health, Housing, and Community Services created a Steering Committee that includes representatives from the Mental Health Commission, Berkeley Community Safety Coalition, and community service providers, as well as staff from the City’s HHCS and the Fire Departments, to provide guidance on SCU design and implementation. In addition, the City contracted with Resource Development Associates (RDA), to conduct research on non-police crisis response models, lead the community engagement process with guidance from the Steering Committee, and make recommendations for a SCU model for Berkeley (See Companion Appendix E, pp. 2487-2496 for RDA Contract). RDA’s final report includes 25 recommendations for implementing a successful Specialized Care Unit in Berkeley (See Companion Appendix E, page pp. 2497-2701 for RDA reports). The Steering Committee analyzed and further refined these recommendations, laying the groundwork to move forward with a SCU pilot program.

At the beginning of 2022, to bolster these initiatives, HHCS brought on board several key staff, including a Senior Management Analyst, dedicated to aiding the implementation of the SCU as well as the Community Crisis Response (“Bridge Services”) programs. To support these Bridge Services, the City contracted with Options Recovery Services, Peer Wellness Collective (formerly Alameda County Network for Mental Health Clients), and Women’s Daytime Drop-In Center to provide a variety of services for vulnerable community members who experience mental health and substance use crises.

These programs helped to support the continued need for community crisis support while the City worked toward implementation of the Specialized Care Unit.

In December, 2022, after a competitive Request for Proposal process, Bonita House, Inc. was selected to be the Specialized Care Unit provider. (See Companion Appendix F, pp. 2703-2785 for Bonita House/SCU Contract). In 2023, Bonita House hired and trained initial SCU staff and worked collaboratively with the City and the SCU Steering Committee to ensure the program is implemented in alignment with the recommendations from RDA and Steering Committee. On September 5, 2023, the SCU began providing services to the Berkeley community and currently operates daily from 6 am to 4 pm. Bonita House continues to hire and train staff to ramp-up to full 24/7 operations.

The SCU pilot program is supported by grant funding from the American Rescue Plan Act, California Department of Health Care Services (Crisis Care Mobile Units program), and Mental Health Services Act funding. The full budget breakdown of the SCU contract can be found in Companion Appendix F, pp. 2714-2717.

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Key Accomplishments and Next Steps:

Considerations:
• Scaling Up: The SCU continues to operate in a ramp-up state as Bonita House continues to hire and train staff for the program. As staff are hired and trained, they can start providing services in the field. The SCU will continue to expand their hours, as staffing allows, to operate a 24/7 non-police response to mental health and substance use crises. The City of Berkeley continues to work on receiving City-purchased vehicles for SCU operations, which are currently being customized for SCU operations.
• Grants and Long-term Funding: As grant funding is of a limited-term nature, HHCS is actively pursuing additional funding opportunities to sustain and improve the SCU over time.

Ongoing Timeline:
• Fall 2023 – ongoing: The SCU will continue to hire and train staff to build toward 24/7 operations. Additionally, HHCS and Bonita House have started initial conversations about using a MediCal billing model to contribute to longer term program costs.

RPS Phase Timeline Milestone
Phase 1
(2020-2022)
December 2020 SCU Steering Committee Formed.

January 2021 Contract with RDA for research, community-engagement, and SCU design.

March 2022 RDA Completes Report & Presents to Council.

May 2022 City Council informed of Reimagining Public Safety Framework for SCU design.

Phase 2
(2022-2024)

December 2022 Contract with Bonita House for SCU Implementation.

January 2023 –
ongoing
SCU staff are hired and trained; Systems for implementation are developed.

February 2023 –
Ongoing
HHCS hosts Community Dialogues to provide updates on SCU development and implementation. Community listserv begins to provide program-specific updates.

September 2023
SCU soft launch begins; SCU team begins providing daily services from 6am to 4pm in mid-September. Outreach materials are distributed throughout the community.

Anticipated
October 2023 -
ongoing
The SCU will continue to hire and train staff to build toward 24/7 operations. Additionally, HHCS and Bonita House have initiated conversations about using a MediCal billing model to contribute to longer term program costs.

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STAFFING POSITIONS (PILOT RPS COMMUNITY SERVICE OFFICERS & DISPATCHERS) Department Lead: Police
Status Update: In Progress
Overview:

In part of the Phase 2 implementation, funding was allocated for Fiscal Years 2023 and 2024 by City Council to introduce a temporary two-year pilot program of additional Community Service Officers and Public Safety Dispatchers. City Council directives included an evaluation of the pilot after the two-year period to align with the FY 25-26 Budget Process and determine the appropriate location of the CSO unit within a new Public Safety Department and the role for other non-sworn responders.

The Mayor and City Council approved the Recruiting and Retention Incentive Program (RRIP) for the Berkeley Police Department (BPD). The City has intensified recruitment efforts across the department to address staffing vacancies. These efforts include the approved RPS-designated positions: 8 Public Safety Dispatcher II, 1 Public Safety Dispatch Supervisor, 6 Community Service Officers (CSO), and 1 Community Service Officer Supervisor. The CSO positions are temporary and were budgeted for 3 years starting July 1, 2022. We are currently in the 3rd month of year 2, and any new hires must be told the position ends June 30, 2025. Previous candidates have declined the job offer because of the temporary status.

The Berkeley Police Department’s recent Community Service Officer recruitment drive concluded on September 18, 2023 and saw a marked increase in interest attracting 138 CSO applicants – nearly double the previous year’s count. The subsequent evaluation, involving written and physical tests, is scheduled for October 21, 2023. It is important to acknowledge that in previous evaluations, several candidates faced challenges in clearing one or both tests. Given the increased applicant pool this year, Berkeley PD remains optimistic about securing a larger number of qualified candidates.

Key Accomplishments and Next Steps:

Ongoing Timeline:
• October 2023 – ongoing: The Berkeley Police Department is on track to assess approximately 138 applicants in the month of October and continue efforts to fill these vacancies in 2024, further enhancing BPD’s capacity to serve the community.

RPS Phase Timeline Milestone
Phase 2
(2022-2024)

Summer –
Fall 2022
RPS funding allocation of approximated ~$2.5 million for pilot program.

BPD Recruitment Cycle commenced.

July 2023 Contract with Citygate for BPD Staffing Assessment.

August 2023 Recruiting and Retention Incentive Program.

Anticipated
Summer –
Fall 2023
BPD Recruitment Cycle.

Anticipated
October 2023 –
ongoing
The Berkeley Police Department is on track to assess approximately 138 CSO applicants in the month of October.

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FAIR AND IMPARTIAL POLICING
Department Lead: Police
Status Update: In Progress
Overview:

On February 23, 2021, during a City Council Special Meeting, the recommendations put forth by the Mayor’s Fair and Impartial Policing (FIP) Taskforce were directed to the Berkeley Police Department for implementation. Berkeley PD provides quarterly updates to City Council, and has completed 13 of the 14 recommendations to date. These FIP recommendations were introduced during Phase 1 of the Mayor’s strategy for Reimagining Public Safety. The Berkeley Police Department has subsequently facilitated a series of FIP-dedicated training sessions, emphasizing key fair and impartial policing tenets.

As Berkeley PD continues to advance the recommendations of the Fair and Impartial Policing Task Force, additional Tier 1 funding of $100,000 was approved for Fiscal Years 2023 and 2024 for specialized FIP training for Berkeley police officers. This enactment is a part of Phase 2 in the Mayor’s phased
approach.

Berkeley PD FIP training also includes Crisis Intervention Team (CIT), LGBTQ, Racial Profiling and Bias6 training offered through the California Commission on Peace Officer Standards and Training (POST)7.

Furthermore, BPD has mandated the KIND Policing Education Incentive in the newest 2023 – 2025 Berkeley Police Association MOU with the city (See Companion Appendix H, pp. 2799-2801). The KIND Policing Educational Incentive is a first-of-its-kind initiative that promotes the City’s policing values while ensuring the availability of robust training for sworn members of BPD in effective policing that is rooted in procedural justice and impartiality, community-oriented, and culturally competent.

Berkeley PD believe these efforts will enable the Department to better serve the community and ensure public safety for all. The Berkeley Police Department will continue to work closely with the City Council and other stakeholders to develop and implement strategies that are effective, equitable, and just.

Berkeley PD remains committed to promoting fair and impartial policing practices and fostering trust and mutual respect between the police and the community we serve.

Key Accomplishments and Next Steps:

6 https://catalog.post.ca.gov/SearchResult.aspx?category=Mandates&MAC=9jfKTy12dmPZ5m6b632T9DV8U5Q 7 https://post.ca.gov/
RPS Phase Timeline Milestone
Phase 1
(2020-2022)
June 2020 –
March 2021
Community Process for FIP Recommendations Development
convened.

February 2021 Mayor and the City Council pass FIP Recommendations August 2021 –
ongoing

Berkeley Police has implemented ongoing fair and impartial trainings for its officers.

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Ongoing Timeline:
• October 2023 – ongoing. The Berkeley Police Department will continue to fulfill officer training needs through Fiscal Year 2025. Berkeley PD will have various related CIT, LGBTQ, Bias/Profiling, and FIP-styled training planned for 2024.

RPS Phase Timeline Milestone
Phase 2
(2022-2024)

July 2022 –
ongoing Continued training inclusive of FIP tenets.

August 2023
The KIND Policing Educational Incentive is a first-of-its-kind initiative that promotes the City’s policing values while ensuring the availability of robust training for sworn members of the Berkeley Police Department in effective policing that is rooted in procedural justice and impartiality, community-oriented, and culturally competent.

October 2023 –
ongoing
The Chief of Police submitted an “Update on the Implementation of Fair and Impartial Policing Task Force Recommendations” October 3 2023. Thirteen of the fourteen Task Force recommendations have been implemented and we remain committed to upholding and sustaining these measures (See Companion Appendix G, pp. 2787- 2797).

Anticipated
October 2023 –
ongoing
BPD will continue to support and fulfill officer training needs through Fiscal Year 2025. We will have various related CIT, LGBTQ, Bias/Profiling, and FIP-styled training planned for 2024.

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WELLNESS PRACTICES (CRITICAL INCIDENT STRESS, PEER SUPPORT

TEAM, AND EMERGING WELLNESS NEEDS)
Department Lead: Police
Status Update: In Progress
Overview:

The Berkeley Police Department has built out a suite of wellness and mental health services for staff as outlined in the key accomplishments section. In part of the Reimagining Public Safety Phase 2 directives, the department has utilized the allocated $50,000 Reimagining Public Safety funds for Crisis Intervention and Critical Incident Stress Management Services. Acknowledging that physical health is intertwined with mental well-being, improvements have been made to BPD’s gym facilities, both at the Public Safety Building and the substation. For those officers in need of specialized support, Berkeley PD provided access to an immersive group therapy program designed to provide employees with the ability to recover from traumatic incidents with resilience. In addition to these wellness efforts, we’re on the brink of launching a mobile application designed to provide anonymous access to a vast array of health and wellness resources.

Key Accomplishments and Next Steps:

Ongoing Timeline:
• October 2023 – ongoing. The Berkeley Police Department will continue to work with PSFCG to utilize Crisis Intervention and Critical Incident Stress Management Services for the officers through Fiscal Year 2026, in addition to continued wellness offerings. Berkeley PD will have various related CIT, LGBTQ, Bias/Profiling, and FIP styled training planned for 2024.

8 https://icisf.org/individual-crisis-intervention-and-peer-support-group-crisis-intervention/ 9 https://www.o2x.com/
RPS Phase Timeline Milestone
Phase 2
(2022-2024)

July 2022 –
June 2023
FY 2023 Wellness Efforts Include:
• Contracted with a local first responder-specific counseling group, Public Safety Family Counseling Group (PSFCG).
• International Critical Incident Stress Foundation training in Assisting Individuals in Crisis and Group Crisis Intervention 8. • Gym Updates
• Access to immersive group therapy
July 2023 –
ongoing
FY 2024 Wellness Efforts Include:
• O2X Partnership9
• First Responder Wellness Apps & Resources
Anticipated
October 2023
– ongoing
Continued partnerships and efforts towards BPD Wellness Practices for officers.

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VISION ZERO PROGRAM COORDINATOR
Department Lead: Publ ic Works Department
Status Update: In Progress
Overview:

The Public Works department have successfully hired a Vision Zero Program Coordinator (Associate Planner) in October 2023. This position supports the work of the Vision Zero Program Manager (Senior Planner) which is currently vacant. In line with the eleven high priority action items identified in the Vision Zero Action Plan, the Associate Planner will be supporting with the implementation of the programmatic and capital project delivery elements of Vision Zero. Three of the eleven high priority action items include collision analysis as described in the Reimagining Public Safety initiative. Note the latest Vision Zero Annual Report (2021-2022) (See Companion Appendix I, pp. 2803-2886 for Vision Zero Action Plan and Vision Zero Annual Report). Some of the current program priorities include:
supporting the delivery of grant-funded capital traffic safety capital projects on Vision Zero High Injury Streets; reconvening the Vision Zero Coordinating Committee; restarting development and implementation of a Rapid Response program, including: supporting the City’s interdepartmental Rapid Response team in understanding the reasons for traffic crashes and restarting development and implementation of a Quick Build program to be able to respond through appropriate traffic safety countermeasures; conducting the three-year update of the Vision Zero Action Plan; and resuming Vision Zero Annual Reports.

Key Accomplishments and Next Steps:

Considerations:
• Staffing Vacancies. The City Manager issued three Off-Agenda memos, November 2022, December 2022, and October 2023, respectively, to update the City Council on the Public Work’s Transportation Division’s staffing and work priorities (See Companion Appendix J, pp. 2888-2900 for Staffing Memos).
o While the Vision Zero Program Coordinator (Associate Planner) has been hired, the Vision Zero Program Manager (Senior Planner) position is currently vacant following the promotion of the former Senior Planner to Principal Planner in August 2023. Public Works is preparing to kick off the recruitment for this position.

RPS Phase Timeline Milestone
Phase 2
(2022-2024)

October 2023 Vision Zero Program Coordinator (Associate Planner) Hired.

Anticipated
January 2024 –
ongoing

In line with the 11 high priority action items identified in key priorities of the Vision Zero Action Plan, the Associate Planner will be supporting the implementation of the programmatic and capital project delivery elements of Vision Zero. Three of the eleven high priority action items include collision analysis as described in the Reimagining Public Safety initiative.

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Next Steps & Timelines:
• January 2024 – ongoing: In 2024, the Vision Zero program anticipates restarting the Vision Zero Coordinating Committee meetings; initiating the three-year update to the Vision Zero Action Plan; restarting the development of the Rapid Response and Quick Build Programs; continuing to support major grant-funded capital projects on Vision Zero High Injury Streets, such as Southside Complete Streets, Sacramento St Pedestrian Crossing Safety Improvements, and the Alameda County Transportation Commission San Pablo Avenue Corridor Projects.

Progress on Vision Zero high priority projects and programs in 2024 will depend on hiring a new Vision Zero Program Manager (Senior Planner).

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CONSTULTANT COSTS

BERKEKELY DEPARTMENT OF TRANSPORTATION (BERKDOT)

DEVELOPMENT
Department Lead: Public Works Department
Status Update: In Progress (funding deferred to AAO#1)
Overview:

In the structured approach to the Reimagining Public Safety initiative, Phase 1 played an instrumental role in laying the groundwork for BerkDOT. This phase focused on preliminary design and development, underpinned by robust stakeholder engagement (See Companion Appendix B, pp. 1899-2285 for Off- Agenda Memos). Central to the vision of BerkDOT is the consolidation of all transportation-related functions in the city into a single entity. This department would be responsible for diverse areas, from traffic management and road maintenance to school crossing guards. Additionally, an embedded racial justice lens in BerkDOT’s mandate ensures that transportation policies, programs, and infrastructure actively address racial disparities. By doing so, the City aims to create transportation environments that reduce burdens historically placed on communities of color, ensuring streets where all residents feel secure and included.

The City approved a Tier 1: Reimagining Public Safety budget allocation of $300,000 for Fiscal Year 2023 with the objective of propelling BerkDOT’s implementation forward. This budget allocation, which is central to Phase 2, will also support research for a forthcoming “white paper” and potential advocacy for state legislation.

Below outlines five core deliverables related to early implementation of BerkDOT:

1. Continue legislative advocacy for changes in state law to grant cities the authority for non-sworn civilian traffic enforcement, and automated enforcement for speeding/red lights.

2. Transition crossing guards from the Police Department to Public Works’ Division of Transportation.

3. Strategize for a Civilian Traffic Enforcement Unit, pending legislative changes.

4. Review Berkeley Municipal Code for proposed changes to increase equity and racial justice in the City’s existing transportation fines and fees.

5. Develop a roadmap for establishing a standalone Berkeley Department of Transportation.

While the Public Works Department successfully transitioned crossing guards, progress in other sectors have been slow, especially concerning legislative matters. For instance, the California SB-50 Bill10 supporting civilian traffic enforcement was declined on September 14, 2023. Additionally, since Berkeley

10 https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240SB50

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is not included in the Assembly Bill 645 (AB-64511), introducing a Speed Safety System Pilot Program locally would require separate legislation.

Other challenges include the Public Works Department’s significant staffing issues. The Berkeley Public Works Department, central in BerkDOT’s, faced significant staffing challenges. The City Manager issued Off-Agenda memos in November and December of 2022, and again in October 2023 (See Companion Appendix J, pp. 2888-2900 for Staffing Memos). These memos informed the City Council on the department’s staffing challenges and their implications for ongoing projects, highlighting that several initiatives led by Public Works, including BerkDOT’s evolution, had been temporarily halted. This pause was later addressed at the Berkeley Budget & Finance Committee on June 22, 2023 and at the June 27, 2023 City Council session. Notably, several Reimagining Tier 1 requests have been referred to the December 2023 Annual Appropriations Ordinance #1 process (See Companion Appendix K, pp. 2902- 2997 for
Budget & Finance Committee Annotated Agenda and June 2023 Item 53 Council Supplemental Item).

As of this report’s submission, movement related to this deliverable has yet to be initiated. The Public Works Department anticipates exploring next steps towards fulfilling this deliverable, once a decision around funding has been finalized at the AAO #1 meeting. Should the allocation be returned, Public Works’ proactive response plan will be to launch a comprehensive Request for Proposal (RFP) process to bring aboard a third party with a proven track record in urban transportation to assess preliminary research, bridge any existing gaps, and devise an actionable BerkDOT implementation plan.

Key Accomplishments and Next Steps:

Considerations:
• Regulatory Compliance: BerkDOT must strictly adhere to local, state and federal transportation regulations. This includes not just road and transit roles, but also any pertaining to pedestrian zones, bike lanes, and other urban transportation forms. Ensuring compliance will prevent potential legal complications and foster smoother collaboration and state federal agencies.

11 https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB645 RPS Phase Timeline Milestone
Phase 1
(2020-2022)
June 2020 –
ongoing Community Process for BerkDOT Development
Fall 2022
Crossing guards transitioned from the Police to Public Works’ Division of Transportation.

November 2022 –
ongoing
Public Works staffing vacancies memos issued to City Council and community.

Phase 2
(2022-2024)

June 2023 City Council referred several Reimagining Tier 1 requests to the December 2023 Annual Appropriations Ordinance #1 process.

Anticipated
November 2023 –
ongoing
Public Works anticipates exploring next steps towards fulfilling this deliverable, once a decision around funding has been made at the AAO#1 meeting. Next Steps would include a possible RFP process for BerkDOT implementation planning.

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• Budgetary Limitations: The BerkDOT’s budget is currently deferred. This situation necessitates providing essential project and operations within existing resources. The City must explore innovative solutions and consider alternative funding avenues, such as grants or strategic partnerships.
• Staffing: The Public Works Depar
tment is currently facing a staffing shortage, which affects its capacity to meet all operational demands. The Department is actively recruiting to fill vacancies.

It is important to note that with limited personnel, there are competing priorities to manage.

Ongoing Timeline:
• Fall 2023 – ongoing: As of this report’s submission, movement related to this deliverable has yet to be initiated. The Public Works Department anticipates exploring next steps towards fulfilling this deliverable, once a decision around funding has been finalized at the AAO #1 meeting. Should the allocation be returned, Public Works’ proactive response plan will be to launch a comprehensive Request for Proposal (RFP) process to bring aboard a third party with a proven track record in urban transportation to assess preliminary research, bridge any existing gaps, and devise an actionable BerkDOT implementation plan.

BEHAVIORAL HEALTH, CRISIS RESPONSE, AND CRISIS-RELATED

SERVICES NEEDS AND CAPACITY ASSESSMENTS
Department Lead: Health, Housing and Community Services Department Status Update: In Progress
Overview:

In Phase 2, the City of Berkeley allocated $100,000 in Fiscal Year 2023 for a service needs assessment based on 911 and non-911 calls for service, dispatch, and response to address the needs of Berkeley people with behavioral health issues and/or who are unhoused. This needs assessment should be conducted using computer-aided dispatch (CAD) or other data from the Berkeley Communications Center, other dispatch agencies, BPD, BFD, and any other relevant data during the COVID-19 pandemic from at least March 2020 through the present. In addition to this service assessment, the recommendation also includes a capacity assessment of crisis response and crisis-related services available to Berkeley.

In May 2023, the City Council authorized the City Manager to add a portion of this funding to an existing contract with Resource Development Associates (RDA) to support a CAD data analysis to better inform the implementation and evaluation of the Specialized Care Unit (SCU) (See Companion Appendix E, pp. 2487-2496 for RDA Contract).

Analyzing the CAD data will help inform future SCU and crisis system operations by gaining a better understanding of the types of calls that could apply to behavioral health crises. Components of this CAD data analysis and follow-up recommendations, as it applies to current program operations will be incorporated into the broader SCU evaluation, and provided to the City throughout the SCU pilot.

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In addition to the RDA contract to analyze 911 call data, HHCS recently hired a Community Services Specialist II (CSSII) who is focused on analyzing care support systems in the City of Berkeley and Alameda County, including crisis response and crisis-related services. This CSSII will focus on conducting the capacity assessment to determine what exists and system gaps with respect to the SCU, respite, and sobering centers. This work will continue throughout the calendar year and into early 2024.

Key Accomplishments and Next Steps:

Considerations:
• Expanding Data Analysis & Dynamic Needs: As the project progresses, there might be a recognition of new data sets essential for comprehensive analysis. • Partner Coordination & Feedback: With multiple partners involved, there will be extensive coordination to ensure that all information is gathered to inform these analyses. • Policy Awareness: Staying updated with relevant behavioral health policies and regulations will be key to ensure project success and compliance.

Ongoing Timeline:
• Fal
l 2023 – ong
oing: These projects continue to be ongoing through the rest of 2023. HHCS expects to receive initial results of the analysis of the 911 call data and crisis systems by the beginning of next year.

RPS Phase Timeline Milestone
Phase 2
(2022-2024)

June 2023 Existing contract for SCU program evaluation is amended to add a scope of work for RDA to conduct the crisis needs assessment.

June 2023 –
August 2023 Crisis needs assessment for 911 call planning begins with initial data scoping.

August 2023 –
ongoing
Data analysis of Computer Aided Dispatch (CAD) calls begins with City of Berkeley stakeholders.

August 2023 HHCS hired a Community Services Specialist II to analyze crisis response and related systems, specifically including crisis stabilization.

Anticipated
Ongoing –
December 2023
Data collection and systems planning.

Anticipated
December 2023 –
ongoing
Reporting. These projects continue to be ongoing through the rest of 2023.

HHCS expects to receive initial results of the analysis of the 911 call data and crisis systems by the beginning of next year

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STAFFING ASSESSMENT
Department Lead: Police
Status Update: In Progress
Overview:

As part of ongoing efforts in the Reimagining Public Safety Phase 2 recommendations, the Berkeley Police Department has contracted with Citygate Associates to undertake a thorough study of the Berkeley Police Department (See Companion Appendix L, pp. 2999-3006 for Contract and Scope of Services). This comprehensive study aims to evaluate the Department’s organizational structure, resource allocation, and geographical patrol boundaries. Citygate will also recommend organizational improvements to enhance overall service to the community with consideration given to the morale and well-being of police staff.

Key Accomplishments and Next Steps:

Ongoing Timeline:
• October 2023 –
ongoing. Citygate’s
workload study will
take approximately
nine months and
consists of 6 key tasks
outlined in the
contract. The
Berkeley Police
Department
anticipates providing
updates during the
next Reimagining
RPS Phase Timeline Milestone
Phase 2
(2022-2024)

July 2023
The Berkeley Police Department has successfully engaged with Citygate Associates for a comprehensive staffing assessment and workload study.

Citygate’s workload study will take approximately nine months and consists of 6 key tasks outlined in the contract. RPS funding allocation of $125,000 for FY 2024.

August 2023 –
ongoing Citygate Staffing Assessment Tasks 1 & 2.

Anticipated
October 2023 –
November 2023
Stakeholder Interviews and Community Survey.

Anticipated
November 2023 –
December 2023
Review of Organizational Functions and Workload.

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Public Safety status report out.

TRANSPORTATION FINES & FEES ANALYSIS
Department Lead: City Manager’s Office
Status Update: To Be Initiated (funding deferred to AAO#1) Overview:

As a Phase 2 item in the Reimagining Public Safety initiative, $150,000 was allocated by the City Council for Fiscal Year 2023 to review the City of Berkeley’s Municipal Code for proposed changes to increase equity and racial justice in City’s transportation fines and fees, and explore the civilianization of enforcement of various Municipal Code violations (See Companion Appendix T, pp. 3259-3264).

As previously mentioned, several Reimagining Public Safety deliverables, have yet to be initiated.

Additionally, at the City Council’s Budget & Finance Committee meeting on June 22, 2023 and June 27, 2023 City Council session, several Reimagining Tier 1 requests were deferred to the December 2023 Annual Appropriations Ordinance #1 process (See Companion Appendix K, pp. 2902-2997 for Budget & Finance Committee Annotated Agenda and June 2023 Item 53 Council Supplemental Item). The City Manager’s Office anticipates exploring next steps towards fulfilling this deliverable once a decision around funding has been finalized at the AAO #1 meeting.

Key Accomplishments and Next Steps:

Ongoing Timeline:
• Fall 2023 – ongoing: As of this report’s submission, this deliverable has yet to be initiated. The City Manager’s Office anticipates exploring next steps towards fulfilling this deliverable, once a decision around funding has been finalized at the AAO #1 meeting.

RPS Phase Timeline Milestone
Phase 2
(2022-2024)

June 2023 City Council referred several Reimagining Tier 1 requests to the December 2023 Annual Appropriations Ordinance #1 process.

Anticipated
October 2023 –
ongoing
The City Manager’s Office anticipates exploring next steps towards fulfilling this deliverable, once a decision around funding has been made at the AAO#1 meeting.

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DEPARTMENT OF COMMUNITY SAFETY DESIGN AND

IMPLEMENTATION
Department Lead: City Manager’s Office
Status Update: To Be Initiated (funding deferred to AAO#1) Overview:

As a Phase 2 item in the Reimagining Public Safety initiative, $250,000 was allocated for Fiscal Year 2024 to support a design process for the creation of a Department of Community Safety (See Companion Appendix T, pp. 3259-3264).

As previously mentioned, several Reimagining Public Safety deliverables, have yet to be initiated.

Key Accomplishments and Next Steps:

RPS Phase Timeline Milestone
Phase 2
(2022-2024)

June 2023 Council referred several Reimagining Tier 1 requests to the December 2023 Annual Appropriations Ordinance #1 process.

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DISPATCH ASSESSMENT & IMPLEMENTATION

Department Lead: Fire Department
Status Update: In Progress
Overview:

The City’s Dispatch center is the hub of both police, fire and emergency medical services (EMS) for the community. When a resident call 911 for help, there is a simple expectation that person has: that the right responders arrive on scene to provide help quickly. What happens behind the scenes is a complex process that is similar to that of an air traffic control center. Dispatchers receive calls for help via 911 or a ten-digit phone number, they ask questions to clarify the need, collect critical information and enter information into a Computer Aided Dispatch (CAD) system, alert the right resource(s), coordinate the response to the call, all the while maintaining awareness of the system status.

With this project, the Berkeley Fire Department’s goal is to enhance the City’s Dispatch center to allow for the systematic triage of emergency calls, to provide pre-arrival emergency medical instructions to callers, and to create the opportunity to send alternate resources like an alternative mobile health unit (similar to the Fire Departments Mobile Integrated Paramedic unit deployed early in the Pandemic) or the Specialized Care Unit (SCU). To meet these modern fire and EMS capabilities, as seen in most other centers in the region including the Contra Costa Regional Fire Communications Center, the Alameda County Regional Emergency Communications Center, and the San Francisco Emergency Communications Department, a substantial initial and on-going investment may be required.

In part of the Mayor’s phased approach
to Reimagining Public Safety, Phase 1 work primarily focused on preliminary development and stakeholder engagement of the Dispatch Needs Assessment (DNA) design prior to soliciting a formal (See Companion Appendix B, pp. 1899-2285 for City Manager’s Reimagining Public Safety Off-Agenda Memos). As we advanced efforts towards Dispatch Needs Assessment and Redesign, additional funding was approved for Fiscal Year 2023 for DNA efforts, this enactment is a part of Phase 2 in the Mayor’s three-tiered approach.

Leading into Phase 2 of the Reimagining Public Safety initiative, the Berkeley Fire Department contracted with Federal Engineering, Inc. (FE) to conduct a Dispatch Needs Assessment (DNA). The results of the completed scope of work is detailed in the high-level implementation plan (See Companion Appendix M, pp. 3009-3014 for FE Contract and High Level Implementation Plan). The recommendations included a staffing model, facility improvements, advanced training and protocols required to support call triaging for alternative response models, and the implementation of emergency medical dispatch.

Due to the significance of the recommendations from FE and following extensive discussions with stakeholders from dispatch, the City Manager’s Office, the fire department, and the police department, staff is seeking a second opinion from other industry experts in the field before bringing the full report to City Council and advancing to the next phase of the DNA (implementation of the plan). The scope and lasting impacts of implementation of the DNA recommendations is so significant, it is imperative

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that the team exercises due diligence. By soliciting a second opinion, staff aim to ensure that the report and subsequent recommendations to the City Council are anchored in best practices, are pragmatic, fiscally responsible, and represent a comprehensive understanding of the challenges and requirements of this industry. This careful approach underscores the Berkeley Fire Department’s commitment to the highest standards of professional and strategic implementation.

The cost of the second opinion is not expected to exceed $20,000 and will be paid by Measure FF funds.

Contract initiation and reassessment will conclude in Spring 2024. Within this timeframe, the core objective is to undertake a comprehensive reassessment of the current and proposed staffing model.

The reassessment will utilize the most recent call data, as the FE report is now a year old. It is important to contextualize that the data, influenced by the unprecedented challenges of the COVID-19 Pandemic, may not represent typical patterns. The final output will encompass a plan for strategic implementation of the derived recommendations. Upon the completion of the second opinion, Fire Department staff anticipates engaging with City leadership to shape and inform next steps. The findings from this review will be presented to the appropriate stakeholder groups and the Council in 2024. The total contract for the Dispatch Needs Assessment and Implementation Plan is $300,000. In addition to City allocation ($200,000) the initial assessment was funded by HHCS grants (approximately $100,000).

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Key Accomplishments and Next Steps:

Considerations:
• Staffing. Through FY23 the Fire Department experienced significant and ongoing recruitment and hiring challenges resulting from the global pandemic, the Office of the Fire Chief (the Department) has struggled to fulfill community needs through day-to-day operations, strategic planning efforts, and project and program management. The most significant challenges surround overseeing operational and programmatic priorities due to short staffing. The Department is working diligently to reorganize its operations to support current and future staff and staffing needs.
• Facilities Space. One of the primary challenges and considerations that may inhibit implementation of Stage II of the Dispatch Needs Assessment is securing an appropriate facility space for the center. There is not enough space in the Public Safety Building before the Fire Department moves to an independent headquarters facility. Identifying and obtaining the appropriate amount of space to house dispatcher workstations is vital for the successful rollout and operation of the project. Ensuring the space meets the specific requirements and standards, both in terms of functionality and accessibility, is paramount and current configuration of the Public Safety Building will need to be adjusted to accommodate a modern and expended dispatch center.
• Budget. Stage I of this project was paid for with HHCS grant funds and the second opinion and planning for implementation is funded by Measure FF. Additional funding for implementation of any/all recommendations will need to be approved and appropriated by the City Council.

RPS Phase Timeline Milestone
Phase 1
(2020-2022)
February 2021 –
December 2021 RFP Process Executed.

January 2021 –
October 2022
Federal Engineering Conducts Assessment. The scope of work for this project examined existing dispatch capabilities and the City's goals to develop a gap analysis and path forward on how to triage calls, divert non-emergency calls—including mental health calls —to appropriate resources, and implement the delivery of emergency medical instructions to callers.

Phase 2
(2022-2024)

November 2022 –
May 2023
The Federal Engineering Report on Priority Dispatch was presented to key stakeholders and discussed internally.

July 2023 –
October 2023 Development of Second Opinion Scope and Vendor Selection Anticipated
Fall 2023
A budget of $20,000 from Measure FF funds is allocated for a second opinion, set to begin in November for a three-month duration. This review will re-evaluate our staffing model using the latest call data, considering the anomalies from the COVID-19 impacted years. The outcome will provide strategic recommendations for implementation.

Anticipated
Winter/Spring 2024 Second opinion report complete.

Anticipated
Winter/Spring 2024
Discussion with City project stakeholders of FE’s report and the second opinion to determine next steps for the DNA.

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Ongoing Timeline:
• Fall 2023 – ongoing: A budget of $20,000 from Measure FF funds is allocated for a second opinion, set to begin in late Fall 2023. This review will re-evaluate Fire’s staffing model using the latest call data, considering the anomalies from the COVID-19 impacted years. The outcome will provide strategic recommendations for implementation.

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COMMUNITY INVESTMENTS
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COMMUNITY INVESTMENTS

VIOLENCE PREVENTION

VIOLENCE PREVENTION AND YOUTH SERVICES

Department Lead: Health, Housing and Community Services Department Status Update: In Progress
Overview:

In Phase 2 of the initiative to Reimagine Public Safety, emphasis was placed on community investments.

Two prominent Community-Based Organizations (CBOs), namely McGee Avenue12 Baptist Church Center for Food, Faith, and Justice and Berkeley Youth Alternatives13 were identified and selected to receive funds. These allocations are instrumental in bolstering collective efforts to reshape and enhance the dynamics of Berkeley’s community. For Fiscal Years 2023 and 2024, $50,000 has been designated to support the “Voices Against Violence” series by the McGee Avenue Baptist Church. Additionally, Berkeley Youth Alternatives has been allocated $160,000, of which, $125,000 is dedicated to their Counseling Center14 and the remaining $35,000 is designated for the Summer Jam Day Camp.

Center for Food, Faith. In the City’s ongoing efforts to enhance community safety and enrichment, the McGee Avenue Baptist Church was granted funding of $50,000 to support with their “Voices Against Violence” youth campaign.

Berkeley Youth Alternatives. BYA, another pillar in the community, has been awarded $160,000. A substantial portion, $125,000 is dedicated to fortifying their counseling center, which plays a crucial role in providing support to many. The remaining $35,000 is allocated to ensure successful continuation of their Summer Jam Day Camp.

Key Accomplishments and Next Steps:

Ongoing Timeline:
• Fall 2023 – June 2024: The City will continue to allocate funds to McGee Avenue Baptist Church and Berkeley Youth Alternatives corresponding to their programmatic expenditures through the end of Fiscal Year 2024, which ends on June 30, 2024.

12 https://www.cffj.org/programs-services
13 https://www.byaonline.org/
14 https://www.byaonline.org/programs/counseling-center/counseling-center RPS Phase Timeline Milestone
Phase 2
(2022-2024)
July 2022- June 2023 Funds allocated to CBOs
Anticipated
Fall 2023 – June 2024 Funds continued allocation to CBOs through FY 24.

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Berkeley City CouncilDecember 5, 2023

Berkeley City Council
December 5, 2023