Berkeley City Council
December 12, 2023

Action Calendar – Public Hearings
Tuesday, November 21, 2023 MINUTES Page 8

2. Adopt Resolution No. 71,107–N.S.:
a. Adopting an Addendum to the 2023-2031 Housing Element Update Environmental Impact Report (EIR); and
b. Approving and adopting General Plan map and text amendments to redesignate certain parcels and update certain land use designations to be consistent with the associated Ordinance amendments.

3. Include prevailing wage requirements in Southside as an amendment to the BMC as described in Attachment 2 alongside adoption of the Southside zoning amendments. Staff should consider if a new first reading is required to effectuate these changes. Staff should revise the language as appropriate to conform to the municipal code and should revise the language to ensure that “registered apprenticeship” programs are recognized, not exclusively those associated with the Building & Construction Trades Council.

4. Refer to the City Manager to analyze and present recommendations and policy alternatives relating to prevailing wage requirements citywide in the City of Berkeley; and refer a budget allocation of $50,000 for this project to the FY2024 AAO#1 budget process. Staff should seek to conduct this study alongside currently ongoing housing feasibility analysis to the extent possible, insofar as it does not significantly delay other upcoming zoning reforms. Staff should illustrate any tradeoffs associated with such a policy, propose appropriate thresholds for implementation, and indicate if accompanying actions are necessary to offset impacts in the interest of project feasibility. Staff should study and consider both requirements and incentives, with consideration of the following policy goals:
a. A development project citywide above a certain number of units or a certain cumulative floor area should be subject to prevailing wage requirements.
b. Any project, citywide, that meets SB 35 streamlining criteria and local affordable housing regulations and objective design standards for projects including 10% of low-income housing on-site and including prevailing wages, should be eligible for ministerial approval per the city’s SB 35 streamlining process, before those provisions are imposed by the state (expected in 2027)

5. Refer to the City Manager to develop for consideration requirements for new residential construction that all bedrooms contain windows, and consider window requirements for all habitable space, as defined in the zoning code. Staff should engage the Planning Commission in developing recommendations, and should evaluate the impact new requirements would place on the feasibility of new housing projects and flexibility for project floor plans.

Action Calendar – Public Hearings
Tuesday, November 21, 2023 MINUTES Page 9

6. Green & Open Spaces in New Construction Referral: Refer to the City Manager to incorporate incentives and/or requirements for widened sidewalks, activated pedestrian spaces, and green roofs as part of new construction citywide. Staff should consider applying the pedestrian-space priority for open space developed for the Southside Plan Area to other areas or to all commercial zones, and should consider other strategies to incentivize sidewalk widening. Staff should emphasize opportunities to activate frontage strips, rather than requiring setbacks.

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

Information Reports

14. Measure O Bond Impacts on Affordable Housing Development in Berkeley From: City Manager
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Received and filed.

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

16. LPO NOD: 803 Delaware Street, LMSAP2023-0002
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Received and filed.

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

18. Planning Commission Fiscal Year 2023-24 Work Plan
From: Planning Commission
Contact: Alisa Shen, Commission Secretary, (510) 981-7400 Action: Received and filed.

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

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

Adjourned at 12:02 p.m.

I hereby certify that the foregoing is a true and correct record of the regular meeting

Tuesday, November 21, 2023 MINUTES Page 10
held on November 21, 2023.
________________________
Mark Numainville, City Clerk
Communications
 None
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
Item #13: Amendments to Berkeley Municipal Code Title 23 (Zoning Ordinance), the Zoning Map, General Plan Land Use Diagram, and the General Plan Relating to the Southside Zoning Implementation Program of the 2023-2031 Housing Element Update

1. Supplemental material, submitted by Councilmember Robinson

2. Gary Miguel

3. Veronica Tamsitt

4. Nico Calavita

5. Andrea Horbinski
Supplemental Communications and Reports 3
Item #13: Amendments to Berkeley Municipal Code Title 23 (Zoning Ordinance), the Zoning Map, General Plan Land Use Diagram, and the General Plan Relating to the Southside Zoning Implementation Program of the 2023-2031 Housing Element Update

6. Supplemental material, submitted by Councilmember Hahn

7. Presentation, submitted by Planning and Development

8. Theo Posselt

9. Valerie Knepper

10.Naor Deleanu

11.Brandon Yung

12.Naomi Janowitz

13.Carrie Evans

14.Jaxxen Tunney

15.Barbara Gilbert

Tuesday, November 28, 2023 MINUTES Page 1

MINUTES

BERKELEY CITY COUNCIL MEETING
Tuesday, November 28, 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 URL: https://cityofberkeley-info.zoomgov.com/j/1619253897.

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: 161 925 3897. 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.

Attachment 8

Tuesday, November 28, 2023 MINUTES Page 2
Preliminary Matters
Roll Call: 6:11 p.m.

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

Absent: Kesarwani
Councilmember Kesarwani present at 6:39 p.m.

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

Ceremonial Matters: None
City Manager Comments: None
Public Comment on Non-Agenda Matters: 22 speakers.

Consent Calendar
Recess 6:45 p.m. – 6:50 p.m.

The Mayor requested that the members of the public in attendance adhere to the City Council Rules of Procedure regarding decorum and cease their disruption of the meeting by shouting and yelling.

Recess 6:56 p.m. – 7:00 p.m.

The Mayor issued a warning to the members of the public in attendance that they were disrupting the meeting and making the orderly conduct of business unfeasible by shouting, chanting, and yelling. The disruption continued. The level of disruption and the large number of people participating in the disruption rendered the Council unable to restore order by the removal of disruptive individuals.

The Council continued the meeting without members of the public present, allowing for members of the media to observe, as provided for in Government Code Section 54957.9 (Brown Act). The meeting continued on the videoconference platform and members of the public were able to provide public comments remotely.

Consent Calendar
Tuesday, November 28, 2023 MINUTES Page 3
Action: M/S/C (Arreguin/Hahn) to suspend the rules and reduce the speaker time to thirty seconds per speaker.

Vote: All Ayes.

Public Comment on Consent Calendar and Information Items Only: 112 speakers.

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

Vote: All Ayes.

1. 2023 Conflict of Interest Code Update Report
From: City Manager
Recommendation: Adopt a Resolution adopting a revised Conflict of Interest Code for the City of Berkeley and rescinding Resolution No. 70,074–N.S.

Financial Implications: See report
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Adopted Resolution No. 71,108–N.S.

2. 2023 Annual Commission Attendance and Meeting Frequency Report From: City Manager
Recommendation: Adopt a Resolution approving a revised commission meeting frequency schedule, accepting the 2023 annual commission attendance and meeting frequency report, and rescinding Resolution No. 69,331-N.S.

Financial Implications: See report
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Adopted Resolution No. 71,109–N.S.

3. Environment and Climate Commission – Appointment of New Youth Members From: City Manager
Recommendation: Adopt a Resolution appointing two youth members to the Environment and Climate Commission recommended by the Berkeley Unified School District Board of Directors.

Financial Implications: See report
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Adopted Resolution No. 71,110–N.S.

4. Contract No. R9704 Amendment: City of Albany for Animal Services From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend an existing contract number R9704 and any amendments with the City of Albany to provide certain animal care services for which the City of Albany will pay the City of Berkeley $291,019 for services performed from FY2024 through FY2026, for a new not to exceed amount of $945,512.

Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000 Action: Adopted Resolution No. 71,111–N.S.

Consent Calendar
Tuesday, November 28, 2023 MINUTES Page 4

5. Contract: Echo Cartagena, DVM to Provide On-site Relief Veterinary Coverage for Berkeley Animal Care Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any necessary amendments with Echo Cartagena, DVM, for temporary, on-site veterinary services for Berkeley Animal Care Services (BACS) for January 2024 to June 2024, which establishes a contract in an amount not to exceed $60,750.

Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000 Action: Adopted Resolution No. 71,112–N.S.

6. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on November 28, 2023
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval.

Financial Implications: Various Funds - $6,880,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Approved recommendation.

7. Revenue Grant Agreement: Funding Support from Alameda County to Provide Public Health Nursing Services for Foster Care Children/Youth From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to submit a grant agreement to Alameda County, to accept the grant, and execute any resultant revenue agreements and amendments to provide public health nursing services for the Alameda County Foster Care Program, Services to Enhance Early Development (SEED) in the projected total amount of $673,179 for July 1, 2023 to June 30, 2026.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,113–N.S.

8. Authorizing a Lease of 830 University Avenue to Berkeley Free Clinic From: City Manager
Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to enter into a lease for 830 University with Berkeley Free Clinic.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopt first reading of Ordinance No. 7,891–N.S. Second reading scheduled for December 12, 2023.

Consent Calendar
Tuesday, November 28, 2023 MINUTES Page 5

9. Contract No. 32300062 Amendment: Moreland Investigations for Applicant Background Investigations
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32300062 with Moreland Investigations, to extend the existing capacity to perform background investigation services and amend the current contract from $50,000 to $200,000 from November 3, 2022, through November 2, 2027.

Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900
Action: Adopted Resolution No. 71,114–N.S.

10. Contract No. 32200152 Amendment: Cindy K. Hull & Associates Forensic Consulting Services, LLC
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32200152 and any necessary future amendments with Cindy K. Hull & Associates Forensic Consulting Services, LLC for the Police Department, increasing the contract amount by $150,000 for a total not to exceed the amount of $200,000 with the contract end date of October 1, 2026.

Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900
Action: Adopted Resolution No. 71,115–N.S.

Council Consent Items

11. Appoint Tracy Matthews to the Berkeley Housing Authority Board From: Mayor Arreguin (Author)
Recommendation: Adopt a Resolution appointing Tracy Matthews to serve as a Tenant Commissioner on the Berkeley Housing Authority Board of Commissioners for a two-year term.

Financial Implications: None
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Adopted Resolution No. 71,116–N.S.

Council Consent Items
Tuesday, November 28, 2023 MINUTES Page 6

12. Civic Arts Referral for Memorial Wall to Councilmember Dona Spring and Budget Referral for Civic Arts Staffing
From: Mayor Arreguin (Author), Councilmember Harrison (Co-Sponsor) Recommendation: Refer to the Fiscal Year 2024/2025 Budget Process $162,000 from the General Fund and allocate one additional FTE for staffing for Civics Arts and refer to the Civic Arts Commission to commission a Memorial Wall to Dona Spring at the Animal Shelter.

Financial Implications: General Fund - $162,000
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Approved recommendation as submitted in Supplemental Communications Packet #2 by Mayor Arreguin.

13. Accept grant funding of $75,000 from San Francisco Foundation and amend Contract No. 32200161 with Creative Development Partners to extend consulting work associated with Equitable Black Berkeley Initiative From: Mayor Arreguin (Author)
Recommendation: Adopt a Resolution authorizing the City Manager to receive $75,000 of grant funds from the San Francisco Foundation (SFF) (see Attachment #2) for project support for the Equitable Black Berkeley (EBB) initiative and execute an amendment to Contract No. 32200161 with Creative Development Partners (CDP) to add $75,000 to the existing ideation facilitator contract supporting the EBB for a total contact amount not to exceed $200,000 and extending the contract term to September 30, 2024.

Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Adopted Resolution No. 71,117–N.S.

14. Designating Open Space Adjacent to the Ninth St Greenway between Heinz Ave and the Berkeley-Emeryville border as a Linear City Park Pursuant to BMC

6.42 From: Councilmember Taplin (Author), Councilmember Harrison (Co-Sponsor) Recommendation: Adopt a resolution designating open space adjacent to the Ninth St Greenway between Heinz Ave and the Berkeley-Emeryville border (Folger Ave) as linear City park space and formally dedicate this site for permanent recreational use pursuant to Berkeley Municipal Code 6.42.

Financial Implications: See report
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Councilmember Bartlett added as a co-sponsor. Adopted Resolution No. 71,118–N.S.

Council Consent Items
Tuesday, November 28, 2023 MINUTES Page 7

15. Healthy Black Families 10th Anniversary Celebration From: Councilmember Bartlett (Author), Mayor Arreguin (Co-Sponsor), Councilmember Hahn (Co-Sponsor)
Recommendation: Adopt a resolution approving the expenditure of funds, including $500 from Vice Mayor Ben Bartlett to the Healthy Black Families 10th Anniversary Celebration event. The funds should be relinquished to the City’s general fund for this purpose from the discretionary council office budget of Vice Mayor Ben Bartlett and any other council members who would like to contribute.

Financial Implications: Councilmember's Discretionary Fund - $500 Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130 Action: Adopted Resolution No. 71,119–N.S. amended to include contributions from the following Councilmembers up to the amounts listed: Mayor Arreguin - $500; Councilmember Harrison - $250; Councilmember Robinson - $250; Councilmember Hahn - $300; Councilmember Taplin - $250; Councilmember Kesarwani - $100; Councilmember Humbert - $300; Councilmember Wengraf - $250.

16. 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) 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

Council Consent Items
Tuesday, November 28, 2023 MINUTES Page 8
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 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: Moved to Action Calendar. M/S/C (Arreguin/Humbert) to continue Item 16 to the December 5, 2023 meeting as the first item on the Action Calendar.

Vote: All Ayes.

Action Calendar – New Business
Tuesday, November 28, 2023 MINUTES Page 9

17. Street Rehabilitation Five Year Plan for Fiscal Years 2024-2028 From: City Manager
Recommendation: Adopt a Resolution adopting the Five Year Street Rehabilitation Plan for Fiscal Years 2024-2028.

Financial Implications: See report
Contact: LaTanya Bellow, Public Works, (510) 981-6300
Action: M/S/C (Arreguin/Harrison) to suspend the rules and extend the meeting to 11:30 p.m.

Vote: All Ayes.

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

Vote: All Ayes.

Action: M/S/C (Arreguin/Robinson) to suspend the rules and extend the meeting to 11:55 p.m.

Vote: All Ayes.

Action: M/S/Failed (Hahn/Wengraf) to 1) adopt the Five Year Street Rehabilitation Plan for Fiscal Years 2024-2028 as submitted by staff with amendments to include Milvia Street from Hearst Avenue to Rose Street; and also add Hopkins Street from The Alameda to Gilman Street on the FY 2025 list; 2) Refer the green infrastructure needs and the issues and criteria for the segments on the Holdover List to the Facilities Infrastructure Transportation Environment and Sustainability Committee for review and discussion; and 3) Direct staff to perform a parking management analysis for the area surrounding the Hopkins Corridor.

Vote: Ayes – Bartlett, Hahn, Wengraf, Arreguin; Noes – Kesarwani, Taplin, Harrison, Robinson, Humbert.

Action: 23 speakers. M/S/Carried (Humbert/Robinson) to 1) adopt Resolution No. 71,120–N.S. adopting the Five Year Street Rehabilitation Plan for Fiscal Years 2024- 2028 as submitted by staff with amendments to include Milvia Street from Hearst Avenue to Rose Street; and also complete the Hopkins Street segments with Measure T1 funds by the end of FY 2027; and 2) Refer the green infrastructure needs and the issues and criteria for the segments on the Holdover List to the Facilities Infrastructure Transportation Environment and Sustainability Committee for review and discussion.

Vote: All Ayes.

Information Reports
Tuesday, November 28, 2023 MINUTES Page 10

18. Healthy Checkout Ordinance Update
From: City Manager
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Received and filed.

Public Comment – Items Not Listed on the Agenda - 4 speakers.

Adjournment
Adjourned at 11:55 p.m.

I hereby certify that the foregoing is a true and correct record of the regular meeting held on November 28, 2023.
________________________
Mark Numainville, City Clerk
Communications
Item #17: Street Rehabilitation Five Year Plan for Fiscal Years 2024-2028

1. Janice Murota

2. Bob Fabry

3. Bryce Nesbitt

4. Kenny Yip

5. Renate Crocker

6. Michelle Maguire

7. Laura Fujiii

8. Chris Baskett

9. Anne Boersman

10.Kay Englund

11.Susan Taylor

12.Cherie Hearne

13.Dorothea Dorenz

14.Jeanne Allan

15.Ross Bernet

16.Gail Todd

17.Helen Toy

18.Joel and Josie Gerst

19.Marc Jacobs

20.Peter Todd

21.Lisa Friedlander

Tuesday, November 28, 2023 MINUTES Page 11
Adopt Berkeley Municipal Code Chapter 13.89: Community/Tenant Opportunity to Purchase Act

22.Christ Schildt

23.Friends of Adeline

24.Andrea Mullarkey

25.Charlene Woodcock

26.Tram Hoang
Ashby BART Housing

27.John Holme

28.Nat Kane

29.Teresa Clarke

30.Laura Stevens

31.Abbie Turiansky

32.Vincent Casalaina

33.Charles Siegel, on behalf of Walk Bike Berkeley

34.Theo Posselt

35.Mikayla Weissman

36.Sam Wong

37.Susanna Tse

38.Kelly Hammargren (2)

39.Meredith Sadin

40.John Givens

41.Peace Esonwune

42.Lea Murray
Recycling Tennis Balls

43.Adrian McGilly (2)

44.Councilmember Harrison
Peralta Avenue Changes

45.Jeanne Friedman
Berkeley High School Safety Invitation

46.Dan Smuts
Golden Gate Horse Deaths

47.Tweed Conrad

48.Martha

49.Diane Mintz

50.Helen Cameron

51.Cassie King

52.Holly Scheider

53.Summer Brenner

54.Elizabeth Baker

55.Christopher Evans

56.Waltraud Buckland

Tuesday, November 28, 2023 MINUTES Page 12

57.13 similarly-worded form letters (Deaths)

58.28 similarly-worded form letters (Protect)
Chess Club

59.Jesse Sheehan, Chess Club Chairman (2)

60.Gerard Markham
Mari Mendonca Recommendation

61.Paul Lee

62.Berkeley Tenants Union

63.Catherine Huchting
Bike Lanes

64.AJ Romano
Safer Streets

65.Julia Moss
Hit & Run of Child

66.Shannon Mitchell
Cannabis Survey

67.Ryan Whitcare
Landlord Issues

68.Jesse Schwartz
Substance Abuse Issue

69.Eddie Bui
Crime

70.Elise Gipe (2)
Construction Tour

71.Michelle Williams, on behalf of Satellite Affordable Housing Associates Sidewalk Safety

72.Sean McMahon
Budget Referral

73.Ariana Casanova
Rodent Issues at Encampments

74.Marianne Riddle

75.Julie Johnston

Tuesday, November 28, 2023 MINUTES Page 13
Firearms in Parked Vehicles

76.Owen Tran (2)
Climate Emergency

77.Karis Polfer
Healthcare Walkout/Gaza

78.Elizabeth Milos

79.Lanet Lynette

80.Sandra Morey
Holiday Gift Fair

81.Beth Roessner, on behalf of the Berkeley Chamber
Public Works Departure

82.Barbara Gilbert
Complaining Neighbors

83.Harrod Blank
APEC

84.Peter DuMont
Support Israel

85.Dorothea Dorenz (2)
Support Palestine

86.Angelica Laurel

87.7 similarly-worded form letters
Ceasefire Now

88.121 similarly-worded form letters
URL’s Only

89.Paul Lee

90.Vivian Warkentin (3)
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
Item #12: Civic Arts Referral for Memorial Wall to Councilmember Dona Spring and Budget Referral for Civic Arts Staffing

91.Supplemental material, submitted by the Mayor Arreguin

92.Ken Worthy

Tuesday, November 28, 2023 MINUTES Page 14
Item #16: 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

93.Berkeley Neighbors for Housing and Climate Action Steering Committee

94.Kevin Burke

95.Barbara Gilbert
Item #17: Street Rehabilitation Five Year Plan for Fiscal Years 2024-2028

96.Supplemental material, submitted by Councilmember Hahn

97.Revised material, submitted by Public Works

98.Isabelle Gaston

99.S. Entsistle
100. Susan Taylor
101. Savehopkins.org
102. Cindi Goldberg
103. Howard Goldberg
104. David Coolidge
105. Contee Seely
106. Rachel Hope Crossman
107. Rachel Bradley
108. Kristine Fowler and Davis Krauter
109. Chris Baskett
110. Bob Fabry
111. Leonard Gabriele
112. Walk Bike Berkeley
113. Meryl Siegal
114. John McArthur
115. Carol Hirth
116. Richard Tamm
117. Evan Meyer
Supplemental Communications and Reports 3
Item #8: Authorizing a Lease of 830 University Avenue to Berkeley Free Clinic 118. Scott Carroll, on behalf of The Berkeley Free Clinic Item #12: Civic Arts Referral for Memorial Wall to Councilmember Dona Spring and Budget Referral for Civic Arts Staffing
119. Monali Varaiya
Item #16: 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
120. David Mendelsohn
121. Bryce Nesbitt
122. Todd Andrews
123. Fran Haselsteiner

Tuesday, November 28, 2023 MINUTES Page 15
124. Oskar
Item #17: Street Rehabilitation Five Year Plan for Fiscal Years 2024-2028 125. Presentation, submitted by Public Works
126. Nancy Rader
127. Barbara Gilbert
128. Gail Silvan
129. Candace Hyde-Wang
130. Ned Himmel
131. Gar Smith
132. Susan Powning
133. Roberta Brooks
134. Stephen Morris
135. Ethan Karp and Sue Lynn Thomas
136. F. Nourzad
137. Sowmya Swaminathan
138. Christopher Kutz
139. Jim Reynolds
140. Margaret and John Wotkyns
141. Janet Stromberg
142. Karen Cilman
143. Jean Weininger
144. Jake Matchett
145. Maria Riddle
146. Margaretta Lovell
147. Joan Blades
148. Stephani Lesh
149. Betty Merritt
150. Heidi and Tim Sanders
151. Laura Atkins
152. Perry
153. Kori Kody
154. Ivan Diamond
155. Tom Edwards
156. Lawrence Brookes
157. Carol Hirth
158. Dana Dubinsky
159. Margery Lackman
160. Eric Friedman
161. Noah Budnick, on behalf of Public Works Transportation (2) 162. Tom Lawrence
163. Bob Muzzy
164. Joshua Goldstein
165. Jan Taradash
166. John Blaustein and Terry Pink Alexander
167. Rich Price
168. Jim Offel

Tuesday, November 28, 2023 MINUTES Page 16
169. Marni Welch
170. Dale Friedman
171. Carol Leonard
172. Karen Weil
173. Jonathan Cohen
174. Billy McDonald
175. Christopher Hamilton
176. Nancy Van House
177. Grace Wood
178. Simone Hoelck
179. Tracey Goldberg
180. Delia Taylor
181. Margo Webster
182. David Buxbaum
183. Brit Harvey
184. Susan Powning
185. Maryann Wolfe
186. Nancy Rader
187. Barbara
188. Joel Myerson
189. Verna Winters
190. Barbara Fisher
191. Evy Kavaler
192. Richard Fish
193. Corey Busay
194. Leah and John Rosenthal
195. Terry Mandel
196. Eric
197. Mati Teiblum
198. Mary Lou Allen
199. Linda Wood and Bill Rivers
200. Jack Litewka
201. Sue Jones
202. Allen and Hannah King
203. Thomas Leonard
204. Peter Metcalf
205. Melanie Lawrence and John Smail
206. Meg Holm
207. Martina Reaves
208. Kathleen Haberer
209. Barbara Wenger
210. Stephanie Lovell
211. Laura Ide
212. Meri Issel
213. Ross Bernet
214. David Brandon

Tuesday, November 28, 2023 MINUTES Page 17
215. Ellen Hahn
216. Walk Bike Berkeley
217. Bob Flasher
218. Theo Posselt
219. Alan Wood
220. Leni Siegel
221. Fred Bamber
222. Barclay and Linda Ogden
223. David Mendelsohn
224. Marge Berger
225. John Hitchen
226. Janet Stromberg
227. Margret Levehthal (2)
228. Kevin Jones
229. Harold Leventhal
230. Helen Toy
231. Laurie Miller
232. Jeffrey Kaplan
233. Carlota Babilon
234. Jenn Rader
235. Chris Baskett
236. Carol Hirth
237. Bill Springer
238. Carol Henning
239. Michael Birnbach
240. Lucy Puls
241. Georgia Maslowski
242. Marilyn Simons
243. Mary Kay Duggan
244. Frances Donovan
245. Bill Sherer
246. Paul Couenhoven
247. Dorothea Dorenz
Non-Agenda Matters
248. Janice Schroeder
Miscellaneous Communications - Ceasefire
249. Mr. Eid

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

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

FISCAL IMPACTS OF RECOMMENDATION
Total estimated cost of items included in this report is $150,000

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
Willard Park
Clubhouse
Public Art
150 Public Art $150,000
Total: $150,000

Formal Bid Solicitations and Request for Proposals CONSENT CALENDAR Scheduled for Possible Issuance After Council December 12, 2023 Approval on December 12, 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 12, 2023
a. Willard Park Clubhouse Public Art
Note: Original of this attachment with approval is on file in General Services.

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
24-11646-C Willard Park
Clubhouse Public
Art
Mar-24 May-24  This opportunity is for an artist to
translate
two-dimensional imagery to
tile or mosaic.

The artwork will be located at a
prominent wall in the Clubhouse
lobby measuring 18’ 5”
wide by 10’
high.

While the main viewing experience
will be in the Clubhouse interior,
the
artwork will also visible to the
outside through the glass entry walls.
$150,000 150-21-208-252-0000-
000-446-612990
CMO/OED/Civic Arts Mark Salinas, Public
Art Program Lead,
msalinas@berkeley
ca.gov
DEPT. TOTAL $ 150,000.00
DEPT. TOTAL
TOTAL $ 150,000.00
1 of  1

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 12, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Lisa Warhuus, Director, Health, Housing, and Community Services Subject: Extending the Duration of Funding Reservations for Housing Trust Fund Projects

RECOMMENDATION
Extend the duration of the previously approved funding reservations for Housing Trust Fund (HTF) projects by adopting a resolution to:

1. Reserve Housing Trust Funds and other currently available affordable housing funds, including Measure O Bond and Permanent Local Housing Allocation funds, for the following projects:
 Ashby Lofts (2909-2919 Ninth / Satellite Affordable Housing Associates) at $850,000
 Berkeley Unified School District (BUSD) Workforce Housing project (1701 San Pablo / Satellite Affordable Housing Associates / Abode Communities) at $24,500,000
 Supportive Housing in People’s Park (2556 Haste) at $14,359,593

2. Authorize the City Manager to refinance the existing Housing Trust Fund development loan for Ashby Lofts and into a new loan with terms consistent with the Housing Trust Fund Guidelines.

3. Waive Section III.A.1 of the Housing Trust Fund Guidelines for the BUSD Workforce Housing project to allow affordability levels of up to 120% of area median income in order to reflect the income and needs of BUSD educators.

4. Condition disbursement of funding for the BUSD Workforce Housing and Supportive Housing in People’s Park projects on site control.

5. Authorize the City Manager or her designee to execute all original or amended documents or agreements to effectuate these actions.

Extending the Duration of Funding Reservations CONSENT CALENDAR for Housing Trust Fund Projects December 12, 2023

FISCAL IMPACTS OF RECOMMENDATION
The attached resolution would extend the duration of existing funding reservations, which established a 24- month deadline. Therefore, the recommendations in this report have no new or additional fiscal impacts.

Staff will determine the exact mix of funds from the HTF program for each loan closer to the loan closing, based on the balance of funds at that time and the project details.

Loans could include Affordable Housing Mitigation Fee (Fund# 120), Measure O (Fund# 512), and/or Permanent Local Housing Allocation (Fund# 302). Funding is subject to appropriation through the second amendment to the FY 2024 appropriations ordinance in the HTF.

CURRENT SITUATION AND ITS EFFECTS
The Council previously approved HTF funding for the three developments described in this report. On December 14, 2021, City Council adopted Resolution No. 70,135-N.S., which reserved funding for the Ashby Lofts and Supportive Housing in People’s Park project, and Resolution No. 69,803-N.S., which reserved funding for the BUSD Workforce Housing project. Those resolutions reserved funds for a period of no more than 24 months from the resolution date, which is a standard HTF program practice to ensure that City funds are not indefinitely committed to projects that are not moving forward.

Since that time, all three projects have made progress on development milestones.

Due to delays in the project schedules that are not unusual in affordable housing development, staff recommend extending the duration of the HTF funding reservations.

BACKGROUND
Ashby Lofts
City Council awarded Satellite Affordable Housing (SAHA) $850,000 for the renovation of Ashby Lofts, a 54-unit, occupied affordable housing property located at 2909-2919 Ninth Street. SAHA needs additional time to pursue a tax credit resyndication in order to generate revenue to address capital needs at the property, and hopes to start renovations in 2024.

Supportive Housing in Peoples Park
City Council also awarded $10,909,593 in development funds and $3,450,000 in operating subsidies ($14,359,593 total) for Supportive Housing in People’s Park (SHiPP), a new construction project of 119 affordable apartments serving previously unhoused individuals earning between 10% and 50% AMI. The University of California, Berkeley selected the original project developer, Resources for Community Development (RCD) to develop permanent supportive housing at People’s Park, in conjunction with the University’s redevelopment of the park and construction of new student housing.

Extending the Duration of Funding Reservations CONSENT CALENDAR for Housing Trust Fund Projects December 12, 2023

While the project was entitled by the University in September 2021, it encountered legal challenges related to the project’s Environmental Impact Report that disrupted the project schedule. As a result of the increased risks and uncertainties associated with the delays, RCD decided to reallocate their limited nonprofit resources to other developments and to exit the project. RCD has begun transferring stewardship of the project to the City of Berkeley, and an extension of the funding reservation will allow more time for the University to select a new developer for SHiPP once the litigation is addressed.

Berkeley Unified School District
SAHA and Abode, the development team selected by BUSD, were awarded $24.5M to develop a 110-unit educator housing project on the Berkeley Adult School property at 1701 San Pablo Avenue. The project received its entitlements in March 2023. Due to the competitive nature of the limited funding sources available for workforce housing, the development team needs more time to continue applying for additional funding.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The housing developments will address environmental sustainability in their project design and scope. The BUSD and SHiPP projects will be built to third-party green building standards (either LEED Gold or GreenPoint Gold). The Ashby Lofts renovation project will incorporate energy efficiency and sustainability measures into the scope as feasible.

RATIONALE FOR RECOMMENDATION
Extending these funding reservations will allow the projects to continue their progress and pursue new sources that will leverage City funds. All three projects meet local needs and priorities by adding new affordable housing units to the City’s inventory and improving the City’s existing affordable housing stock.

ALTERNATIVE ACTIONS CONSIDERED
Staff did not identify another approach that is consistent with the City’s Strategic Plan priority to support the development of affordable housing.

CONTACT PERSON
Grace Streltzov, Community Development Project Coordinator, HHCS, 510-981-5430 Attachments:
1: Resolution

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

EXTENSION OF FUNDING RESERVATIONS FOR HOUSING TRUST FUND

PROJECTS
WHEREAS, the City Council established a Housing Trust Fund (HTF) program to assist in the development and expansion of housing affordable to low- and moderate-income persons who either work or reside within the City of Berkeley, and authorized the City Manager to implement the HTF program; and
WHEREAS, there is a great need for affordable and special needs housing in the City of Berkeley as stated in the General Plan Housing Element and the City of Berkeley’s Consolidated Plan; and
WHEREAS, City Council adopted HTF Guidelines (the “Guidelines”) as revised on January 19, 2021, and authorized the City Manager to implement the HTF Program in accordance with the Guidelines; and
WHEREAS, on November 6, 2018, Berkeley voters passed Measure O, a $135 million bond measure to support the development and preservation of affordable housing; and WHEREAS, on December 14, 2021 the City Council adopted Resolution No. 70,135-N.S. which reserved $850,000 for Satellite Affordable Housing Associates’ Ashby Lofts project (2909-2919 Ninth Street) and $14,359,593 for the Supportive Housing in People’s Park project for a period of no more than 24 months from the resolution date; and WHEREAS, on December 14, 2021 the City Council adopted Resolution No. 69,803-N.S., which reserved $24.5 million for Satellite Affordable Housing Associates’ and Abode Communities’ Berkeley Unified School District’s (BUSD) Workforce Housing project (1701 San Pablo Avenue) for a period of no more than 24 months from the resolution date.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council approves extending the following funding reservations from currently available affordable housing funds such as Measure O Bond and Permanent Local Housing allocation funds:
 Satellite Affordable Housing Associates’ Ashby Lofts (2909-2919 Ninth Street) for $850,000;
 Satellite Affordable Housing Associates’ and Abode Communities’ BUSD Workforce Housing project (1701 San Pablo) for $24.5 million.  Supportive Housing in People’s Park (2556 Haste) for $14,359,593.

BE IT FURTHER RESOLVED that the City Manager may incorporate the existing development loan for Ashby Lofts into a new permanent loan resulting from this resolution.

BE IT FURTHER RESOLVED that the Council waives the requirements of Section III.A.1 of the Housing Trust Fund Guidelines for the BUSD Workforce Housing project to allow affordability levels of up to 120% of the area median income in order to reflect the incomes and needs of BUSD educators.

BE IT FURTHER RESOLVED, that the Council conditions disbursement of funding for the Supportive Housing in People’s Park and BUSD Workforce Housing projects on site control.

BE IT FURTHER RESOLVED that all development and predevelopment loan funds shall be reserved for a period of no more than 24 months from the date of this Resolution, contingent on the developers’ obtaining all required land use approvals and securing commitments for full project funding that the City Manager or her designee deems sufficient within the reservation period.

BE IT FURTHER RESOLVED that all funding reservations are conditioned upon the completion of the environmental review process, except as authorized by 24 CFR, Part 58, and that should HOME and/or CDBG funds constitute a portion of the funding for any project, a final commitment of HOME and/or CDBG funds shall occur only upon the satisfactory completion of the appropriate level of environmental review and also upon the receipt of approval of the request for release of funds and related certification from the U.S. Department of Housing and Urban Development, when applicable. The funding reservation for any of the HOME and/or CDBG funded projects is conditioned upon the City of Berkeley's determination to proceed with, modify, or cancel the project based on the results of subsequent environmental review under the National Environmental Policy Act.

BE IT FURTHER RESOLVED that the making of each loan shall be contingent on and subject to such other appropriate terms and conditions as the City Manager or her designee may establish.

BE IT FURTHER RESOLVED the City Manager, or her designee, is hereby authorized to execute all original or amended documents or agreements to effectuate this action; a signed copy of said documents, agreements and any amendments will be kept on file in the Office of City Clerk.

City Manager’s Office

CONSENT CALENDAR
December 12, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Aram Kouyoumdjian, Director of Human Resources Subject: Revise Classifications and Salary Ranges – (1) Parking Meter Maintenance and Collection Supervisor and (2) Traffic Maintenance Supervisor

RECOMMENDATION
Adopt a Resolution revising the represented job class specifications and salary ranges of (1) Parking Meter Maintenance and Collection Supervisor and (2) Traffic Maintenance Supervisor to align pay with that of Public Works Supervisor classification in order to promote internal equity.

FISCAL IMPACT
Revising the job class specifications will increase the salary scale of Parking Meter Maintenance and Collection Supervisor (currently $84,105.42 - $98,657.98) and that of Traffic Maintenance Supervisor (currently $92,730.15 - $98,657.98) in order to align them with that of Public Works Supervisor:
$97,691.19 - $104,475.30. This will have a fiscal impact of approximately $5,817.32 at top step ($10,153.55 including benefits) per position, resulting in an annual impact of approximately $20,307.10 for two positions.

CURRENT SITUATION AND ITS EFFECTS
A recent desk audit revealed such significant overlap between the Parking Meter Maintenance and Collection Supervisor and Public Works Supervisor as to warrant an equitable alignment in pay. Further study of the Traffic Maintenance Supervisor class revealed similar overlaps. As such, across-the-board alignment in pay of all three classifications is being sought.

The revised job class specifications have undergone the meet and confer process with Service Employees International Union, Local 1021 (Maintenance & Clerical).

BACKGROUND
Although the Public Works Supervisor classification has certain job requirements specific to street work and maintenance, both the Parking Meter Collection and Maintenance Supervisor and Traffic Maintenance Supervisor job classifications share with it a considerable number of duties: planning and supervising crews; training them in work methods; providing technical assistance; reviewing work and evaluating performance; recommending disciplinary action; preparing reports; ordering inventory; ensuring equipment maintenance; conducting safety meetings; and fielding questions from the public.

Revise Job Class Specifications and Salary Ranges – CONSENT CALENDAR (1) Parking Meter Maintenance and Collection Supervisor and December 12, 2023 (2) Traffic Maintenance Supervisor
Public Works Supervisor Parking Meter Maintenance and
Collection Supervisor
Traffic Maintenance Supervisor
Plans, organizes, schedules, supervises,
assigns and evaluates the work of several
crews engaged in street maintenance,
sewer maintenance or street cleaning
activities;
Plans, organizes, schedules, supervises,
assigns and evaluates work of crews
engaged in meter repair, meter coin
collection, and maintenance;
Plans, organizes, schedules, supervises,
assigns and evaluates the work of crews
engaged in traffic control painting and
signing;
Instructs and provides for the training of
crew members in work methods, use of
tools and equipment and relevant safety
precautions;
Instructs and provides for the training of
crew members in work methods, use of
tools and equipment and relevant safety
procedures;
Instructs and provides for the training of
crew members in work methods, use of
tools and equipment and relevant safety
precautions;
Recommends and implements disciplinary
action as necessary;
May recommend disciplinary action; Recommends and implements disciplinary action as necessary;
Estimates personnel, material and
equipment requirements for assigned jobs;
Estimates personnel, material and
equipment requirements for assigned
routes;
Estimates personnel, material and
equipment requirements for assigned jobs
and prepares material requisitions;
Provides technical assistance to crews in
resolving difficult problems encountered;
Provides technical assistance to crews in
resolving difficult problems encountered;
Provides technical assistance to crews in
resolving difficult problems encountered;
Prepares and maintains a variety of reports
and records, including timecards,
worksheets, accident reports, maintenance
requests, etc.;
Prepares and maintains a variety of
computer-generated and manual reports
and records, including timecards,
worksheets, accident reports, maintenance
requests, and productivity reports;
Prepares and maintains a variety of reports
and records, including timecards,
worksheets, accident reports, maintenance
requests, etc.;
Orders and maintains an adequate
inventory to accomplish assigned jobs.

Orders and maintains an adequate
inventory to accomplish assigned jobs.

Orders and maintains an adequate
inventory to accomplish assigned jobs.

In this sense, the positions are so substantially similar that Parking Meter Collection and Maintenance Supervisor and Traffic Maintenance Supervisor could be reclassified as Public Works Supervisors, albeit with a different scope of assignment; however, given that the current Public Works Supervisor job specification requires a Class B license, which a Parking Meter Collection and Maintenance Supervisor or a Traffic Maintenance Supervisor would not be expected to possess, the recommended solution for purposes of internal equity is alignment of the salary ranges for all three classifications.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There is no environmental impact.

RATIONALE FOR RECOMMENDATION
Aligning pay scales for Parking Meter Collection and Maintenance Supervisor and for Traffic Maintenance Supervisor with that of Public Works Supervisor is recommended in order to achieve internal equity across those classifications.

ALTERNATIVE ACTIONS CONSIDERED
None.

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

ATTACHMENTS

1. Resolution
Exhibit A: Parking Meter Maintenance and Collection Supervisor - Proposed Job Class Specification and Salary Range
Exhibit B: Traffic Maintenance Supervisor – Proposed Job Class Specification and Salary Range

Revise Job Class Specifications and Salary Ranges – CONSENT CALENDAR (1) Parking Meter Maintenance and Collection Supervisor and December 12, 2023 (2) Traffic Maintenance Supervisor
RESOLUTION NO. xxxxx - N.S.

REVISING THE CLASSIFICATIONS AND SALARY SCHEDULES OF
(1) PARKING METER MAINTENANCE AND COLLECTION SUPERVISOR AND (2) TRAFFIC MAINTENANCE SUPERVISOR
WHEREAS, the Human Resources Department maintains the Classification and Compensation plan for the City of Berkeley; and
WHEREAS, the Human Resources Department has completed a classification review and recommended the revision of the represented job class specifications and salary ranges of (1) Parking Meter Maintenance and Collection Supervisor and (2) Traffic Maintenance Supervisor; and WHEREAS, the represented salary ranges of (1) Parking Meter Maintenance and Collection Supervisor and (2) Traffic Maintenance Supervisor should be aligned with that of Public Works Supervisor classification in order to promote internal equity; and WHEREAS, the Personnel Board recommended on November 6, 2023 to revise the represented classifications and salary ranges of (1) Parking Meter Maintenance and Collection Supervisor and (2) Traffic Maintenance Supervisor, subject to the overtime provisions of the Fair Labor Standards Act (FLSA);
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the classifications and salary ranges of (1) Parking Meter Maintenance and Collection Supervisor and (2) Traffic Maintenance Supervisor are revised as shown in Exhibits A and B, effective December 12, 2023. [Exhibit A: Parking Meter Maintenance and Collection Supervisor, Classification Specification and Salary Schedule]
[Exhibit B: Traffic Maintenance Supervisor, Classification Specification and Salary Schedule] STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
------ ------ 46.9669 48.5342 50.2285

Revise Job Class Specifications and Salary Ranges – CONSENT CALENDAR (1) Parking Meter Maintenance and Collection Supervisor and December 12, 2023 (2) Traffic Maintenance Supervisor
EXHIBIT A: Parking
Meter Maintenance
and Collection
Supervisor
Bargaining Unit: Service Employees International
Union, Local 1021 (Maintenance & Clerical)
Class Code:
6042

CITY OF BERKELEY
Established Date: Oct 13, 2008
Revision Date: December 12, 2023

SALARY RANGE
$46.97
- $50.23 Hourly
$3,757.35 - $4,018.28 Biweekly
$8,140.93 - $8,706.28 Monthly
$97,691.19 - $104,475.30 Annually
DESCRIPTION:

DEFINITION
Under general supervision, plans, organizes and directs the work of crews performing parking meter maintenance, repair and coin collection; performs complex analyses and project work in support of the Office of Transportation's Preventative Maintenance Master Plan for Parking Meters and Traffic planning; serves as liaison to community groups; investigates and maintains contracts and agreements with vendors; performs varied parking maintenance and administrative functions; performs related duties as required or as may be assigned.

CLASS CHARACTERISTICS
This is the first-line working supervisory level in parking meter maintenance, mechanical repair and collection work. Incumbents plan, organize, schedule, assign and direct the work of crews and perform the full range of duties of assigned personnel. This class is distinguished from the Senior Public Works (Transportation) Supervisor classification, which is responsible for coordinating both the traffic/transportation maintenance and parking meter installation, maintenance, repair and collection programs.

Revise Job Class Specifications and Salary Ranges – CONSENT CALENDAR (1) Parking Meter Maintenance and Collection Supervisor and December 12, 2023 (2) Traffic Maintenance Supervisor
EXAMPLE OF DUTIES:

The following list of duties describes the various types of work that may be performed and the level of technical complexity of the assignment(s), and is not intended to be an all-inclusive list.

1. Investigates the need for, and develops and maintains contracts and agreements with vendors, and monitors agreements for contractual obligations, warranties and follow-ups;

2. Plans, organizes, schedules, supervises, assigns and evaluates work of crews engaged in meter repair, meter coin collection, and maintenance;

3. Monitors contract performance of armored carrier under contract to safeguard coins collected from parking meters;

4. Maintains records of vendor performance regarding quality and delivery of services; conducts reviews of vendor performance and reports to supervisor;

5. Monitors usage of parking maintenance resources and all related costs of the meter repair/maintenance program on a regular basis;

6. Establishes vendor and materials requirements to support the business applications of programs and projects;

7. Conducts on-going research to develop sources and products, and establishes long-term vendor relationships, standards and language for pricing agreements, purchase orders and contracts;

8. Assists with the development of meter collection and maintenance policy and standards; establishes procedures and monitors problem areas for immediate correction;

9. Oversees the weighing and documentation of coin canisters and maintains security of cash until transferred to armored carrier;

10. Repairs, tests, and calibrates, and programs a variety of single and multi-space electronic parking meters;

11. Instructs and provides for the training of crew members in work methods, use of tools and equipment and relevant safety procedures;

12. May recommend disciplinary action;

13. Estimates personnel, material and equipment requirements for assigned routes;

14. Provides technical assistance to crews in resolving difficult problems encountered;

Revise Job Class Specifications and Salary Ranges – CONSENT CALENDAR (1) Parking Meter Maintenance and Collection Supervisor and December 12, 2023 (2) Traffic Maintenance Supervisor

15. Prepares and maintains a variety of computer-generated and manual reports and records, including timecards, worksheets, accident reports, maintenance requests, and productivity reports;

16. Prepares monthly and ad hoc computer-generated summary reports for long-term program plans and budgeting actions;

17. Orders and maintains an adequate inventory to accomplish assigned jobs;

18. Provides detailed information to supervisors on patterns of abuse to parking meters;

19. Serves as liaison with internal city committees and various local business associations and responds to questions and complaints from the public;

20. Recommends special work or equipment maintenance and reviews work upon completion to ensure compliance with established standards and regulations;

21. May collect coins from parking meters;

22. Ensures appropriate safety devices and equipment are being utilized, conducts safety meetings and responds to emergency situations; and

23. Performs related duties as assigned.

KNOWLEDGE AND ABILITIES:

Note: The level and scope of the knowledge and skills listed below are related to job duties as defined under Class Characteristics.

Knowledge of:

1. Methods, tools, computer hand-helds, and equipment used in electronic parking meter and equipment installation, maintenance, monitoring and collection;

2. Principles and practices of employee supervision, including selection, training, work evaluation and discipline;

3. Safe work methods and safety practices pertaining to the work;

4. Computer software applications including Microsoft Office, Duncan Meters and Reino Meter applications;

5. Operation and maintenance of a wide variety of equipment and hand and power tools used in the work; and

Revise Job Class Specifications and Salary Ranges – CONSENT CALENDAR (1) Parking Meter Maintenance and Collection Supervisor and December 12, 2023 (2) Traffic Maintenance Supervisor

6. Relevant ordinances and Municipal Code sections related to parking regulations.

Skill in and ability to:

1. Establish and maintain effective working relationships with those encountered in the course of work;

2. Communicate successfully to City officials, the community and staff, the policy and operational reasons governing existing operation and changes;

3. Speak and write concisely, develop and teach training programs, gain cooperation and maintain the confidence of staff in the field;

4. Evaluate meter maintenance and collections procedures and techniques and recommend effective alternatives;

5. Plan, estimate, coordinate, schedule and evaluate the work of others;

6. Prepare and maintain a variety of computer-generated reports using a variety of PC software and applications;

7. Prepare and maintain a variety of accurate written records and reports;

8. Read and interpret plans, maps, specifications and manuals;

9. Operate and maintain equipment and tools used in the field;

10. Identify and implement effective courses of action to complete assigned work; and

11. Coordinate crew assignments with other divisions, departments and agencies.

MINIMUM QUALIFICATIONS:

A TYPICAL WAY OF GAINING THE KNOWLEDGE AND SKILLS OUTLINED ABOVE IS:

Equivalent to completion of high school and two (2) years of experience in parking meter collection and/or meter maintenance and repair. Knowledge of a system utilizing electronic parking meters is highly desirable.

OTHER REQUIREMENTS

1. Must possess and maintain a valid Class "C" California driver's license and have a satisfactory driving record;

2. Must be willing to work out of doors in all weather conditions;

Revise Job Class Specifications and Salary Ranges – CONSENT CALENDAR (1) Parking Meter Maintenance and Collection Supervisor and December 12, 2023 (2) Traffic Maintenance Supervisor

3. Must possess sufficient strength and stamina to lift and carry objects weighing up to 60 pounds; and

4. Must be willing to work with exposure to heavy traffic and to work overtime and off-hour shifts in emergency situations.

CLASSIFICATION HISTORY:

Established: 3/1/04
Rev: December 12, 2023

Revise Job Class Specifications and Salary Ranges – CONSENT CALENDAR (1) Parking Meter Maintenance and Collection Supervisor and December 12, 2023 (2) Traffic Maintenance Supervisor
EXHIBIT B: Traffic
Maintenance
Supervisor
Bargaining Unit: Service Employees International
Union, Local 1021 (Maintenance & Clerical)
Class Code:
5056

CITY OF BERKELEY
Established Date: Oct 13, 2008
Revision Date: December 12, 2023

SALARY RANGE
$46.97 - $50.23 Hourly
$3,757.35 - $4,018.28 Biweekly
$8,140.93 - $8,706.28 Monthly
$97,691.19 - $104,475.30 Annually
DESCRIPTION:

DEFINITION
Under general supervision, plans, organizes and directs the work of crews performing traffic painting and signing work; performs traffic control painting and signing work. Performs related duties as required or as may be assigned.

CLASS CHARACTERISTICS
This is the first-line supervisory level in traffic maintenance work. Incumbents plan, organize, schedule, assign and direct the work of crews and perform work as a working supervisor. This class is distinguished from the Senior Public Works Supervisor classification in the Office of Transportation, which is responsible for traffic/transportation maintenance and parking meter installation, maintenance, repair and collection programs.

EXAMPLE OF DUTIES:

The following list of duties describes the various types of work that may be performed and the level of technical complexity of the assignment(s), and is not intended to be an all-inclusive list.

Revise Job Class Specifications and Salary Ranges – CONSENT CALENDAR (1) Parking Meter Maintenance and Collection Supervisor and December 12, 2023 (2) Traffic Maintenance Supervisor

1. Plans, organizes, schedules, supervises, assigns and evaluates the work of crews engaged in traffic control painting and signing;

2. Personally performs traffic painting and signing work;

3. Instructs and provides for the training of crew members in work methods, use of tools and equipment and relevant safety precautions;

4. Inspects job sites to determine work required and to evaluate performance;

5. Recommends and implements disciplinary action as necessary;

6. Estimates personnel, material and equipment requirements for assigned jobs and prepares material requisitions;

7. Provides technical assistance to crews in resolving difficult problems encountered;

8. Prepares and maintains a variety of reports and records, including timecards, worksheets, accident reports, maintenance requests, etc.;

9. Orders and maintains an adequate inventory to accomplish assigned jobs;

10. Responds to questions and complaints from the public;

11. Recommends special work required or necessary equipment maintenance;

12. Reviews work upon completion to ensure compliance with established standards and regulations;

13. Ensures appropriate safety devices and equipment are being utilized;

14. Conducts safety meetings; coordinates activities with other affected agencies;

15. Drives trucks and performs work as an on-site supervisor;

16. Participates in meetings as required;

17. Responds to emergency situations as necessary; and

18. Performs related duties as assigned.

KNOWLEDGE AND ABILITIES:

Revise Job Class Specifications and Salary Ranges – CONSENT CALENDAR (1) Parking Meter Maintenance and Collection Supervisor and December 12, 2023 (2) Traffic Maintenance Supervisor
Note: The level and scope of the knowledge and skills listed below are related to job duties as defined under Class Characteristics.

Knowledge of:

1. Methods, tools and equipment used in traffic control painting and signing work;

2. Principles and practices of employee supervision, including selection, training, work evaluation and discipline;

3. Safe work methods and safety practices pertaining to the work;

4. Operation and maintenance of a wide variety of equipment and hand and power tools used in the work; and

5. Relevant traffic and vehicle codes and regulations.

Skill in:

1. Traffic control painting and sign fabrication, installation and maintenance;

2. Planning, estimating, coordinating, and scheduling and evaluating the work of others;

3. Preparing and maintaining a variety of accurate written records and reports pertaining to the work;

4. Reading and interpreting plans, maps, and specifications and manuals;

5. Operating and maintaining equipment and tools used in the field;

6. Establishing and maintaining effective working relationships with those encountered in the course of the work;

7. Identifying and implementing effective courses of action to complete assigned work; and

8. Coordinating crew assignments with other divisions, departments and agencies.

MINIMUM QUALIFICATIONS:

A TYPICAL WAY OF GAINING THE KNOWLEDGE AND SKILLS OUTLINED ABOVE IS:

Equivalent to completion of high school and 4 years of increasingly responsible traffic maintenance experience. Experience in a lead role over other staff is desirable.

OTHER REQUIREMENTS

Revise Job Class Specifications and Salary Ranges – CONSENT CALENDAR (1) Parking Meter Maintenance and Collection Supervisor and December 12, 2023 (2) Traffic Maintenance Supervisor

1. Must possess and maintain a valid Class "C" California driver's license and have a satisfactory driving record;

2. Must be willing to work out of doors in all weather conditions;

3. Must possess sufficient strength and stamina to lift and carry objects weighing up to 60 pounds; and

4. Must be willing to work with exposure to heavy traffic and to work overtime and off-hour shifts in emergency situations.

CLASSIFICATION HISTORY:

Established: 12/1988
Rev: December 12, 2023

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

CONSENT CALENDAR
December 12, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Kevin Fong, Director, Information Technology Subject: C
ontract: Superion, LLC for AS400 Software Maintenance and Support

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to enter into a new contract with Superion, LLC for software maintenance and support of the City's FUND$ system on the AS400 platform for a total $ $283,500.00 from July 1 , 2023 through June 30, 2025.

FISCAL IMPACTS OF RECOMMENDATION
Funds for additional software maintenance and support will be available in the Department of Information Technology’s Fiscal Year (FY) 2024 IT Cost Allocation fund as itemized below, and is subject to Council approval of the proposed citywide budget and Annual Appropriation Ordinances.

FY24: Fund 680 IT Cost Allocation $135,000.00
FY25: Fund 680 IT Cost Allocation $148,500.00

Total FY 2024-2025 $283,500.00

CURRENT SITUATION AND ITS EFFECTS
Currently, the City uses Superion's Public Sector soft ware (FUND$) for critical remaining modules such as Land Management Property Tax Assessment, and Accounts Receivable General Billing. Additionally, modules in transition and modules not yet fully deprecated remain in the Fund$ system. Software licensing and maintenance is required for all FUND $ modules still in use and includes 24x7 support , documentation, and periodic patches to incorporate enhancements and repairs.

CONSENT CALENDAR
December 12, 2023

As incremental replacement of the FUND$ system continue with the implementation of Tyler-Munis ERP system (ERMA) and other enterprise applications, the City's maintenance contract with Superion will continue to decrease as support will be required for fewer modules each year until all remaining FUND$ modules are replaced and retired. However, until all the modules are completely off the FUND$ system, the City will still rely on Superion support for many of the key modules, reporting and auditing purposes.

BACKGROUND
FUND$ has supported City operations in all departments for over two decades. Its initial implementation in 1989 focused on automating core financial functions including the Payroll, General Ledger, Accounts Payable, and Purchasing modules. After the initial implementation, the City implemented extensive customizations of the FUND$ software to expand its use throughout all departments. On June 1, 2010, Council received a FUND$ Status Report outlining usability challenges, an incremental replacement plan, and estimated costs and replacement timelines (
https://berkeleyca.gov/sites/default/files/documents/2010-06- 01_Item_54_FUND__Status_Report.pdf).

On March 25, 2014 , Council received an updated FUND$ Status Report , which discussed FUND$ replacement successes and challenges, as well as a strategy for expediting replacement
(2014 Fund$ Status Report)
On January 26 , 2016, Council authorized staff to release a Request for Proposal (RFP) to solicit proposals to replace FUND$. Through RFP No. 2016-11012-C, Staff identified a qualified company to provide a comprehensive public sector ERP system that met the City's functional scope. On March 28, 2017, Council authorized the City Manager to execute a contract with Tyler Technologies for the purchase of Tyler- Munis' ERP software and implementation services
(Tyler Technologies Contract)
Subsequent to the implementation of the Tyler Technologies solution, modules of FUND$ have been incrementally deprecated, however, there still remain several modules that are slated for deprecation over the next few years. Until completed,
Superion, LLC will be required to continue software maintenance and support of the City's remaining FUND$ modules.

In September 2018 , Superion, LLC merged with TriTech Software, and Zuercher Technologies, and Aptean to form CentralSquare Technologies. As a merged company, CentralSquare Technologies will be able to provide better customer service through a larger support organization.

CONSENT CALENDAR
December 12, 2023

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The incremental replacement of FUND$ modules with more modern, best-of-breed software includes opportunities for providing online services. For example, it will be possible to apply and pay online for an array of licensing, permitting, and zoning certifications, eliminating the need for the public to visit City offices for routing applications. This helps with the Digital Strategic Plan goals of providing more online services. In addition, this helps reduce vehicle emissions, in keeping with the City's Climate Action Plan.

RATIONALE FOR RECOMMENDATION
SunGard (aka Superion) retains exclusive rights to provide maintenance for its software; no other vendor provides authorized maintenance. Staff considered terminating this agreement and providing maintenance without vendor assistance, but given the critical operations supported by FUND$, the risk of limited support would be inappropriate, especially since staff resources are focused on configuring, testing, and implementing FUND$ module replacements, rather than supporting the aged FUND$ system.

ALTERNATIVE ACTIONS CONSIDERED
Staff considered terminating this agreement and providing maintenance without vendor assistance , but given the critical operations supported by FUND$ , the associated costs for staffing and training would be more than the maintenance agreement.

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

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

CONTRACT: SUPERION, LLC FOR AS400 SOFTWARE MAINTENANCE AND

SUPPORT
WHEREAS, Superion LLC's AS400 software, known to the City as FUND$, has supported the City of Berkeley's critical business operations in all departments for over two decades, including the Payroll , General Ledger, Accounts Payable, and Purchasing modules; and
WHEREAS, Superion, LLC is the only vendor authorized to provide software licenses and support for the AS400 software; and
WHEREAS, in January 2016, Council authorized staff to release a Request for Proposal (RFP) to solicit proposals to replace FUND$. Through RFP No. 2016- 11012-C, Staff identified a qualified company to provide a comprehensive public sector ERP system that met the City's functional scope; and
WHEREAS, as incremental replacement of the FUND$ system continue with the implementation of Tyler-Munis ERP system (ERMA) along with other enterprise applications, the City's maintenance contract with Superion will continue to decrease in scope since support will be required for fewer modules each year until all remaining FUND$ modules are replaced and retired; and
WHEREAS, funding for additional software maintenance and support will be available in the Department of Information Technology 's Fiscal Year (FY) 2023 IT Cost Allocation fund as itemized below, and is subject to Council approval of the proposed city- wide 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 execute a new contract with Superion, LLC for the software maintenance and support of the City's FUND$ system on the AS400 platform, for a total not-to-exceed amount of $283,500.00
from July 1, 2023 through June 30,
2025.

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

CONSENT CALENDAR
December 12, 2023

To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Scott Ferris, Director, Parks Recreation & Waterfront Subject: Grant Application – State Parks Outdoor Equity Grants Program (OEP)

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her designee to submit a grant application to the State Parks and Recreation Outdoor Equity Grants Program; accept any grants; execute any resulting grant agreements and any amendments; and that Council authorize the implementation of the project and appropriation of funding for related expenses, subject to securing the grant.

FINANCIAL IMPLICATIONS
On December 14, 2023, the City will submit a grant application to the State Parks and Recreation Outdoor Equity Grants Program for up to $700,000 to operate a three-year program that provides camping, fieldtrips, and other outdoor educational experiences for underserved residents in Berkeley. There is no match required. If the grant is awarded in the Spring of 2024, the funds will be appropriated in FY2024.

CURRENT SITUATION AND ITS EFFECTS
In the Fall of 2023, the California Department of Parks and Recreation announced round two of the Outdoor Equity Grants Program (OEP) to improve the health and wellness of Californians through new educational and recreational activities, service learning, career pathways, and leadership opportunities that strengthen a connection to the natural world. OEP’s intent is to increase the ability of residents in underserved communities to participate in outdoor experiences within their community, at state parks, and other public lands. The City’s Parks, Recreation, and Waterfront Department will submit a grant application for up to $700,000 to operate a three-year program that provides camping, fieldtrips, and other outdoor educational experiences for underserved residents in Berkeley. This program will help the City to enhance the diversity, equity, and inclusion activities of the City to better meet the needs of Berkeley residents.

BACKGROUND
The City’s Parks, Recreation, and Waterfront Department provides programming activities for a wide range of youth, young adults, and families in the areas of academic tutoring, pre-school readiness programs for 0-5 and families, and recreation of all types.

Grant Application – State Parks Outdoor Equity Grants Program (OEP) CONSENT CALENDAR December 12, 2023

During the summer of 2023, the PRW Department ran a successful program that involved six paid interns from Berkeley High School and their families who were engaged in a wide range of recreational, outdoor education, and job-related activities.

The PRW Department seeks to build on the success of the program and expand the program to reach a larger number of youth and their families over a three year period.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The proposed expansion of the City’s outdoor education program will provide larger numbers of underserved residents with outdoor experiences that will enhance their stewardship of the environment. This program will help the City work on two long-term City of Berkeley Strategic Goals: 4. Champion and demonstrate social and racial equity, and 7. Be a global leader in addressing climate change, advancing environmental justice, and protecting the environment.

RATIONALE FOR RECOMMENDATION
This program will help the City to enhance the diversity, equity, and inclusion activities of the City to better meet the needs of Berkeley residents.

ALTERNATIVE ACTIONS CONSIDERED
None

CONTACT PERSON
Scott Ferris, Director of Parks, Recreation & Waterfront, 981-6703 Alexandra Endress, Waterfront Manager, PRW, 981-6737
Stephanie Chu, Recreation and Youth Services Manager, PRW, 981-6700 Attachments
1: Resolution

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

GRANT APPLICATION TO THE STATE PARKS OUTDOOR EQUITY PROGRAM (OEP) FOR UP TO $700,000 FOR A THREE-YEAR OUTDOOR EDUCATION PROGRAM WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of the Outdoor Equity Grants Program, setting up necessary procedures governing the application; and
WHEREAS, said procedures established by the State Department of Parks and Recreation require the Applicant to certify by resolution the approval of the application before submission of said application to the State; and WHEREAS, successful Applicants will enter into a contract with the State of California to complete the Grant Scope program.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that hereby:

APPROVES THE FILING OF AN APPLICATION FOR THE OUTDOOR EQUITY GRANTS PROGRAM GRANT FUND; and

1. Certifies that said Applicant has or will have available, prior to commencement of any work on the program(s) included in this application, the sufficient funds to complete the program(s); and

2. Certifies that if the grant is awarded, the Applicant has or will have sufficient funds to operate the program(s) as described in the Grant Selection Criteria response, and

3. Certifies that the Applicant has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Grant Administration Guide; and

4. Delegates the authority to F. Scott Ferris, Director, Parks Recreation, and Waterfront, to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the Grant Scope; and

5. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.

6. A record signature copy of said agreements and any amendments to be on file in the Office of the City Clerk.

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

CONSENT CALENDAR
December 12, 2023

To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Scott Ferris, Director, Parks Recreation & Waterfront Subject: Grant Application – California Air Resources Board (CARB) Advanced Technology Demonstration and Pilots Program for new electric boat and charging station

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her designee to submit a grant application to the California Air Resources Board (CARB) Advanced Technology Demonstration and Pilots (ATDP) Grant Program to procure a new electric boat and charging station; accept any grants; execute any resulting grant agreements and any amendments; and that Council authorize the implementation of the project and appropriation of funding for related expenses, subject to securing the grant.

FINANCIAL IMPLICATIONS
On October 26, 2023, the City submitted a grant application to the California Air Resources Board (CARB) Advanced Technology Demonstration and Pilots (ATDP) Grant Program for $218,451 for a total project of up to $451,507. A minimum of 50% match is required and will be provided by the City and two partner vendors (Aqua SuperPower and Vita Power) up of to $233,056 as follows: the City will contribute $27,554 of in-kind staff time, and $113,002 of a CARB Clean Off Road Equipment (CORE) Voucher Credit will be contributed toward the purchase of the electric boat. Vita Power will provide a $10,000 match to fund vessel design and Aqua SuperPower will provide an $82,500 match to fund the charging station electrical design and installation.

CURRENT SITUATION AND ITS EFFECTS
On July 18, 2023, the CARB CORE Voucher Program was announced with $185 million available statewide to encourage off-road equipment users in California to purchase zero-emission off-road equipment. The City’s harbor patrol boat at the Berkeley Marina is an eligible item for the program. At present, Vita Power is the only provider of commercial harbor craft that is eligible for the CORE Voucher Program. They can provide a Seal 700 electric boat that meets the City’s needs for a new harbor patrol boat.

Grant Application – CARB Advanced Technology Demonstration CONSENT CALENDAR and Pilots Grant Program December 12, 2023

On February 2, 2023, CARB announced a $225 million ATDP Grant Program to fund demonstrations of zero-emission off road equipment and vessel projects. This program will help California meet its goals to reduce criteria pollutants, greenhouse gas emissions, and petroleum use. The City’s proposal for a new Vita Power Seal 700 boat and Aqua SuperPower Charging Station will demonstrate this type of technology, and will provide an option for numerous electric boats to rapidly charge inside the Berkeley Marina harbor.

The City’s Parks, Recreation, and Waterfront Department submitted a grant application to procure an all-electric boat, a rapid electric marine charging station, and demonstration/outreach programming at the Berkeley Marina with the following goals:
(1) to reduce emissions, (2) to transition a gas-powered, City-owned boat to all electric, (3) install a fast marine charger to improve familiarity and acceptance with electric boats (“e-boats”), and (4) incorporate e-boats into diversity, equity, and inclusion (“DEI”) programs in Berkeley boating programs and boating-related job training.

BACKGROUND
The Berkeley Marina’s primary harbor patrol boat is a 120 hp two stroke (gas/oil) boat. It is used approximately 10 hours per week for regular duty, and logs additional hours when supporting in-water programming such as tours and outreach activities. The Marina does not currently have an electric boat nor an electric charging station for City and general public use.

Over the summer and fall of 2023, the PRW Department ran a series of Marina-focused Diversity, Equity, and Inclusion (DEI) outreach excursions with community leaders and families of lower socioeconomic status, utilizing the gas-powered City boat. Over the past three years, PRW has also offered three boat-driving experiences to entry level city employees and Berkeley youth on our gas-powered harbor patrol boat.

Electric boating is gaining momentum in the Bay Area. San Francisco Bay’s first and only marine electric charging station was installed by Aqua SuperPower in Redwood City on May 9, 2023. Clipper Cove Yacht Harbor in Sausalito will be the next to install a marine electric charging station, and is home to Candela – an electric power-boat dealer and competitor to Vita Power Boats. The Berkeley Marine Center (boatyard) has conducted 55 electric engine conversions to Bay Area boats in the last 11 years, with 20 conversions in the last two years alone.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
An all-electric boat will reduce greenhouse gas emissions by City harbor craft at the Berkeley Marina. An electric charging station will facilitate easy charging for other e- boaters throughout the San Francisco Bay, and make e-boating more viable for Berkeley boaters. This project will help the City work to advance the City’s Strategic Goal 4. Champion and demonstrate social and racial equity and Strategic Goal 7. Be a global leader in addressing climate change, advancing environmental justice, and protecting the environment.

Grant Application – CARB Advanced Technology Demonstration CONSENT CALENDAR and Pilots Grant Program December 12, 2023

RATIONALE FOR RECOMMENDATION
This program will help the City to reduce emissions from regular harbor patrol duties through a new electric harbor patrol/programming boat, establish the Berkeley Marina as a Bay Area leader in marine electric charging infrastructure, raise awareness of electric boats among our Marina customers, and support City DEI programming and job training efforts.

ALTERNATIVE ACTIONS CONSIDERED
None

CONTACT PERSON
Scott Ferris, Director of Parks, Recreation & Waterfront, 981-6703 Alexandra Endress, Waterfront Manager, PRW, 981-6737
Attachments
1: Resolution

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

GRANT APPLICATION TO THE CALIFORNIA AIR RESOURCES BOARD (CARB)

ADVANCED TECHNOLOGY DEMONSTRATION AND PILOTS (ATDP) GRANT PROGRAM FOR UP TO $218,451 FOR A NEW ELECTRIC BOAT AND CHARGING

STATION
WHEREAS, the City currently uses a gas-powered boat for daily harbor patrol operations and to support in-water programming including boat rides and boat-driving trainings; and WHEREAS, momentum is building for electric boating in California, and the Berkeley Marina has the opportunity to install the second marine electric charging station in the San Francisco Bay, and to become the first municipal marina to operate an electric boat; and
WHEREAS, the State of California Air Resources Board (CARB) has been delegated the responsibility by the Legislature of the State of California for the administration of the Advanced Technology Demonstration and Pilots (ATDP) Grant Program, setting up necessary procedures governing the application; and
WHEREAS, said procedures established by the CARB require the Applicant to certify by resolution the approval of the application before the award of any grant by the State; and WHEREAS, successful Applicants will enter into a contract with the State of California to complete the Grant Scope program; and
WHEREAS, the total cost of the Berkeley Marina Electric Demonstration Project is $451,506, of which the City and its partner vendors, Aqua SuperPower, and Vita Power, will provide a match of 52% of the overall budget, in an amount of $233,056, and have requested a grant match from CARB in the amount of $218,451; and WHEREAS, the City local match contribution is from in-kind staff time and funding from a CORE voucher.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is authorized to 1) submit a grant application to the CARB ATDP Grant Program to request $218,451 in grant funding; 2) accept any grant; 3) execute any resulting grant agreements and any amendments; and the City Council authorizes the implementation of the projects and appropriation of funding for related expenses, subject to securing the grant. A record signature copy of said agreements and any amendments to be on file in the Office of the City Clerk.

Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: https://berkeleyca.gov/your-government/about-us/departments/city- managers-office

CONSENT CALENDAR
December 12, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Scott Ferris, Director, Parks Recreation & Waterfront Subject: Contract: Buhler Commercial for Willard Park Clubhouse and Restroom Replacement Project

RECOMMENDATION
Adopt a Resolution:

1. Approving the plans and specifications for the Willard Park Clubhouse and Restroom Replacement Project; and

2. Accepting the bid of the lowest responsive and responsible bidder, Buhler Commercial; and

3. Authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications, with Buhler Commercial, for the Willard Park Clubhouse and Restroom Replacement Project at 2720 Hillegass Avenue, in an amount not to exceed $6,831,067 which includes a contract amount of $6,210,061 and a 10% contingency in the amount of $621,006.

FINANCIAL IMPLICATIONS
Funding in the amount of $6,831,067 is available in the FY24 Measure T1 Fund (Fund 511) and Capital Improvements Fund (Fund 501).

Construction
Buhler Commercial (lowest bid) $6,210,061
10% Contingency $621,006
Total Construction Cost $6,831,067
Funding
Measure T1 Fund (Fund 511) $5,331,067 CIP Fund (Fund 501) $1,500,000 Total Funding $6,831,067

Contract: Buhler Commercial for CONSENT CALENDAR
Willard Park Clubhouse and Restroom Replacement Project December 12, 2023

CURRENT SITUATION AND ITS EFFECTS
The existing Willard Clubhouse needs renovation and expansion. Built in 1971, the 565- sf single-story, one-room clubhouse no longer serves the City’s needs adequately.

The project includes the demolition of the existing 565-sf single-story clubhouse, trellis, and public restroom and the construction of a new 3,301-sf single-story wood-framed multipurpose community building, a stand-alone public restroom and a trash enclosure.

Scope of work includes site work, building core and shell, interior improvements, as well as mechanical, electrical, plumbing, fire protection, and security systems.

Willard Park Clubhouse and Restroom Project is funded primarily by Measure T1, the 2016 voter-approved bond to pay for improvements to City infrastructure and facilities.

BACKGROUND
The City has five community centers located at James Kenney Park, Live Oak Park, San Pablo Park, Martin Luther King Jr. Youth Services Center near Grove Park, and Willard Park. With the exception of the Willard Clubhouse, all community centers are at least 10,000 sf in size. The existing 565-sf Willard Clubhouse was originally constructed in 1971 and has limited capacity.

The City of Berkeley offers free and reduced-price programs at all five facilities that serve primarily low-income families and youth who cannot afford other alternatives. All these facilities function as safety nets for residents with low socio-economic status in Berkeley. The expansion to a 3,301-sf facility with 1,614 sf of improved programable space not only allows us to increase the capacity for afterschool and summer programming, but also allows us to offer pre-k programs, add a variety of classes, and hold community meetings at the site. Recreational park and facility space is limited 1 compared to other parts of the City and the state recommended level 2.

In 2016, Berkeley voters approved Measure T1, which authorized the City to sell $100 million of general obligation bonds to repair, renovate, replace, or reconstruct the City’s aging infrastructure and facilities, including important City facilities and buildings. In 2017, as part of the City’s Measure T1 Bond program, the Willard Clubhouse received funding for the Planning and Conceptual Design for a new or renovated Clubhouse. In 2018, the City began the planning and conceptual design process for the facility.

From 2019-2021, the City managed a public process with the community that resulted in a conceptual design for a 4,195-sf all-electric, multipurpose recreation building and featured a lobby, all gender restrooms, an office, a kitchenette, a 790-sf community room, and a larger 1,570-sf community room with a divisible wall to offer flexibility to 1 Berkeley Parks - Planning for an Equitable Future, July 2015, Berkeley Parks and Waterfront Commission Subcommittee on Planning.
2 Parks for All Californians, Meeting the Park Needs of All Californians, 2015 Statewide Comprehensive Outdoor Recreation Plan (SCORP), https://www.parksforcalifornia.org/scorp/2015

Contract: Buhler Commercial for CONSENT CALENDAR
Willard Park Clubhouse and Restroom Replacement Project December 12, 2023

split the space into two smaller rooms for community events and recreational programming.

Due to sharp increases in construction costs between 2021-2023, the cost estimate for the original, preferred plan escalated over the total project budget. In response to the unanticipated increase, the project was reduced in size and scope from 4,195-sf to 3,301-sf. In lieu of three community rooms, the new community building will include one divisible community room comprised of 1,614-sf activity space and a new separate public restroom on the west side of the park. All other features will remain. The final project also includes a multipurpose outdoor plaza to the east of the building, similar in size to the existing outdoor plaza.

The project was advertised for bids on Tuesday, October 3, 2023, and bids were opened on November 14, 2023. The City received 7 bids, from a low base bid of $6,210,061 to a high base bid of $8,435,000, and from a low of $6,418,925 to a high of $8,513,000 for the base bid plus Additive Bid Alternates. The determination of the lowest responsive and responsible bidder was based on the price for base bid work, as indicated in the bid documents.

The Living Wage Ordinance does not apply to this project since construction contracts are, pursuant to City policy, subject to State prevailing wage laws. The contractor will need to submit a certification of Compliance for the Equal Benefits Ordinance. The contract will be subject to the Community Workforce Agreement.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The new Willard Clubhouse will be all electric and LEED Silver. In addition, the construction contract includes requirements to comply with the City’s Environmentally Preferable Purchasing Policy and Construction and Demolition Waste program of at least 50%.

RATIONALE FOR RECOMMENDATION
The new clubhouse and restroom are needed as part of the City’s ongoing program to repair, renovate and improve accessibility at non-compliant or aging Parks facilities. The City does not have in-house labor or equipment resources to complete this renovation project.

ALTERNATIVE ACTIONS CONSIDERED
None

CONTACT PERSON
Scott Ferris, Director, Parks Recreation & Waterfront, 510-981-6700 Evelyn Chan, Supervising Civil Engineer, Parks Recreation & Waterfront, 510-981-6430 Attachments:
1: Resolution
2: Bid Results

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

CONTRACT: BUHLER COMMERCIAL FOR THE WILLARD PARK CLUBHOUSE AND

RESTROOM REPLACEMENT PROJECT
WHEREAS, the Willard Park clubhouse is a Measure T1 project and is in need of renovation; and
WHEREAS, the City has neither the in-house labor nor the equipment necessary to undertake this project; and
WHEREAS, an invitation for bids (IFB) was duly advertised on October 3, 2023, bids were opened on November 2, 2023, and the City received 7 bids; and WHEREAS, Buhler Commercial was determined to be the lowest responsive and responsible bidder, and references for Buhler Commercial were provided and checked out satisfactorily; and
WHEREAS, funding is available in the Measure T1 (Fund 511) and Capital Improvement Fund (Fund 501).

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Plans and Specifications for Specification No. 23-11596-C for the Willard Park Clubhouse and Restroom Replacement Project are approved; and
BE IT FURTHER RESOLVED that that the construction contract is awarded to Buhler Commercial as the lowest responsive and responsible bidder for a total contract amount of $6,210,061, which includes the base bid and no additive alternates; and BE IT FURTHER RESOLVED that the Council of the City of Berkeley authorizes the City Manager to execute a contract and any amendments, extensions, or change orders until completion of the project in accordance with the approved plans and specifications with Buhler Commercial for the Willard Park Clubhouse and Restroom Replacement Project in an amount not to exceed $6,831,067, which includes a contract amount of $6,210,061 and a 10% contingency in the amount of $621,006 for unforeseen circumstances. A record signature copy of the agreement and any amendments to be on file in the Office of the City Clerk.

EXHIBIT A – BID RESULTS

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 12, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Scott Ferris, Director, Parks Recreation & Waterfront Subject: Donation: Memorial Bench at Cesar Chavez Park in memory of Ronald Henry Klein

RECOMMENDATION
Adopt a Resolution accepting a cash donation in the amount of $3,400 for a memorial bench to be placed at Cesar Chavez Park in memory of Ronald Henry Klein.

FISCAL IMPACTS OF RECOMMENDATION
The value of a single bench and memorial plaque is $3,400, which covers the purchasing and installation costs performed by the City. This cash donation will be deposited into Parks Fund donation revenue budget code 138-52-542-568-0000-000- 000-481110 and will be appropriated in FY 2024.

CURRENT SITUATION AND ITS EFFECTS
The family of Ronald Henry Klein wishes to donate a memorial bench in his memory to be placed at Cesar Chavez Park with a cash donation of $3,400. Per the City’s Park Bench Donation Policy, individuals may donate memorial benches 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. The Director has determined that the proposed donation complies with the City’s Bench Donation Policy as described in Resolution No. 64,148-N.S. and has approved the donation, subject to Council approval.

BACKGROUND
Benches are placed throughout the City in accordance with the City’s Park Bench Donation Policy approved by Council on July 22, 2008 (Resolution No. 64,148-N.S.).

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.)

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACT
The City’s vendor for benches, Dumor, Inc., makes its priority to purchase only sustainably-harvested wood derived from stringently-regulated timber source locations,

Donation: Memorial Bench at Cesar Chavez Park – Klein Family CONSENT CALENDAR December 12, 2023

including California, Oregon, Washington and British Columbia. This policy reduces solid waste volumes in landfills, helps conserve natural resources and limits the environmental effects resulting from the extraction of virgin materials. The benches therefore comply with the City’s environmentally preferable purchasing policy, specifically section 3.7 Forest Conservation.

CONTACT PERSON
Alexandra Endress, Waterfront Manager, 510-981-6737
Attachments:
1: Resolution

RESOLUTION NO. -N.S.

DONATION: MEMORIAL BENCH AT CESAR CHAVEZ PARK IN MEMORY OF

RONALD HENRY KLEIN
WHEREAS, on July 22, 2008, Council adopted the Park Bench Donation Policy (Resolution No. 64,148-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 family of Ronald Henry Klein wishes to donate a memorial bench in his memory to be placed at Cesar Chavez Park with a cash donation of $3,400; and WHEREAS, per the City’s Park Bench Donation Policy, individuals may donate memorial benches 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 Bench Donation Policy as described in Resolution No. 64,148-N.S. and has approved the proposed donation; and
WHEREAS, the cash donation of $3,400 will be deposited into Marina Fund donation revenue budget code 138-52-542-568-0000-000-000-481110 and will be appropriated in FY 2023.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that a cash donation in the amount of $3,400 for a memorial bench to be placed at Cesar Chavez Park in memory of Ronald Henry Klein is hereby accepted.

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 12, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Scott Ferris, Director, Parks Recreation & Waterfront Subject: Donation: Memorial Bench at Cesar Chavez Park in memory of Ramakant Tulsian

RECOMMENDATION
Adopt a Resolution accepting a cash donation in the amount of $3,400 for a memorial bench to be placed at Cesar Chavez Park in memory of Ramakant Tulsian.

FISCAL IMPACTS OF RECOMMENDATION
The value of a single bench and memorial plaque is $3,400, which covers the purchasing and installation costs performed by the City. This cash donation will be deposited into Parks Fund donation revenue budget code 138-52-542-568-0000-000- 000-481110 and will be appropriated in FY 2024.

CURRENT SITUATION AND ITS EFFECTS
The family of Ramakant Tulsian wishes to donate a memorial bench in his memory to be placed at Cesar Chavez Park with a cash donation of $3,400. Per the City’s Park Bench Donation Policy, individuals may donate memorial benches 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. The Director has determined that the proposed donation complies with the City’s Bench Donation Policy as described in Resolution No. 64,148-N.S. and has approved the donation, subject to Council approval.

BACKGROUND
Benches are placed throughout the City in accordance with the City’s Park Bench Donation Policy approved by Council on July 22, 2008 (Resolution No. 64,148-N.S.).

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.)

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACT
The City’s vendor for benches, Dumor, Inc., makes its priority to purchase only sustainably-harvested wood derived from stringently-regulated timber source locations,

Donation: Memorial Bench at Cesar Chavez Park – Tulsian Family CONSENT CALENDAR December 12, 2023

including California, Oregon, Washington and British Columbia. This policy reduces solid waste volumes in landfills, helps conserve natural resources and limits the environmental effects resulting from the extraction of virgin materials. The benches therefore comply with the City’s environmentally preferable purchasing policy, specifically section 3.7 Forest Conservation.

CONTACT PERSON
Alexandra Endress, Waterfront Manager, 510-981-6737
Attachments:
1: Resolution

RESOLUTION NO. -N.S.

DONATION: MEMORIAL BENCH AT CESAR CHAVEZ PARK IN MEMORY OF

RAMAKANT TULSIAN
WHEREAS, on July 22, 2008, Council adopted the Park Bench Donation Policy (Resolution No. 64,148-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 family of Ramakant Tulsian wishes to donate a memorial bench in his memory to be placed at Cesar Chavez Park with a cash donation of $3,400; and WHEREAS, per the City’s Park Bench Donation Policy, individuals may donate memorial benches 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 Bench Donation Policy as described in Resolution No. 64,148-N.S. and has approved the proposed donation; and
WHEREAS, the cash donation of $3,400 will be deposited into Marina Fund donation revenue budget code 138-52-542-568-0000-000-000-481110 and will be appropriated in FY 2023.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that a cash donation in the amount of $3,400 for a memorial bench to be placed at Cesar Chavez Park in memory of Ramakant Tulsian is hereby accepted.

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 12, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: LaTanya Bellow, Deputy City Manager; Interim Director, Public Works Subject: Contract (Specification No. 24-11619-C: Koios Engineering, Inc. for The Alameda, et al. Sanitary Sewer Rehabilitation Project

RECOMMENDATION
Adopt a Resolution approving plans and specifications for the Sanitary Sewer Project located on The Alameda, Keeler Avenue, Euclid Avenue Et Al., and:
 Accept the bid of the lowest, responsive and responsible bidder, Koios Engineering, Inc., and
 Authorize the City Manager to execute a contract and any amendments, extensions, or other change orders until completion of the project in accordance with the approved plans and specifications, in an amount not to exceed $3,456,596, which includes a 10% contingency of $314,236.

FISCAL IMPACTS OF RECOMMENDATION
Funding is available in the FY 2024 Sanitary Sewer Fund.

Low bid by Koios Engineering, Inc.................................$3,142,360 10% Contingency ................................................................$314,236 Total construction cost $3,456,596

CURRENT SITUATION AND ITS EFFECTS
An Invitation for Bids (Specification. No. 24-11619-C) was released on September 26, 2023, and bids were opened on October 24, 2023. Five non-local bids were received ranging from a minimum of $2,791,439 to a maximum of $4,212,761, as detailed in Attachment 3 (Bid Results). The City Staff estimate for the project was $4.3 million.

Bay Pacific Pipeline, Inc. submitted the lowest apparent bid at $2,791,419. However, the bid was deemed non-responsive as it failed to include pricing details for a contract bid item and the associated subcontractor for that specific bid item. A second non- responsive bid for the amount of $3,725,024 was submitted by Andes Construction.

Koios Engineering, Inc., headquartered in San Francisco, California, became the lowest responsive and responsible bidder. Their submission presented a bid of $3,142,360,

Contract: Koios Engineering, Inc. for Sanitary Sewer Rehabilitation CONSENT CALENDAR The Alameda, et al. December 12, 2023

and their references were satisfactory. Therefore, Staff recommends the contract be awarded to Koios Engineering, Inc. Responsive bids as detailed in Attachment 3 (Bid Results)
This sanitary sewer project supports the City's Strategic Plan goals of providing state-of- the-art, well-maintained infrastructure amenities and the goal of protecting the environment.

BACKGROUND
To remain compliant with the, National Pollution Discharge Elimination System Permit (NPDES) and California Regional Water Quality Control Board Consent Decree issued September 22, 2014, the City has implemented a long-term mandated Sanitary Sewer Capital Improvement Program to eliminate sanitary sewer overflows (SSOs) and to reduce stormwater infiltration and inflow into the sanitary sewer system. Under this program, the City utilizes a comprehensive asset management approach based on complex and evolving hydrologic and hydraulic modeling and condition assessments to repair, replace, or upgrade the City's portion of the sanitary sewer system. Ultimately, these actions will assist East Bay Municipal Utility District (EBMUD) in eliminating discharge from its wet weather facilities by the end of 2035.

This is the tenth year of the twenty-two-year Consent Decree program, which stipulates that the City shall perform collection system repair and rehabilitation to control infiltration and inflow. This supports ongoing work previously identified in the City's Sanitary Sewer Management Plan (SSMP) and Asset Management Implementation Plan (AMIP).

This sanitary sewer project is part of the City's ongoing program to rehabilitate or replace its aging sewer system and eliminate potential health hazards to the public. The project is located throughout the City, as shown on the Location Map (Attachment 2).

These sanitary sewer collection systems need immediate rehabilitation to prevent pipe failures, sewer blockages, leakage, and capacity issues. Field investigations using a closed-circuit television camera revealed deteriorated piping and pipe defects in the existing sanitary sewer mains. These conditions are similar to difficulties previously found in other sanitary sewer mains before their replacement.

Planned work includes the rehabilitation of approximately 5,323 linear feet of sanitary sewer mains varying in size from 6-inch to 12-inch diameter sanitary sewer pipe; rehabilitation of sixty-five maintenance holes; removal and reconstruction of fifteen maintenance holes; replacement of 4-inch and 6-inch diameter sanitary sewer laterals, and other related work. The City has provided an option of a trenchless method for most of this sanitary sewer rehabilitation work to reduce traffic impacts and minimize inconvenience to the public. This trenchless method replaces pipelines buried below street level without traditional open trench construction.

The contract's one hundred forty working day term includes a ninety-five working day construction period and an additional forty-five working days for project closeout.

Contract: Koios Engineering, Inc. for Sanitary Sewer Rehabilitation CONSENT CALENDAR The Alameda, et al. December 12, 2023

The City filed a Notice of Exemption declaring this work is exempt from the California Environmental Quality Act (CEQA). This notification was filed with Alameda County to fulfill the requirement for public notification. No comments, questions, or protests were received.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Improvements to the City's sanitary sewer system will help protect water quality by reducing the frequency of SSOs and infiltration and inflow into the City's sanitary sewer system that can negatively affect the San Francisco Bay.

RATIONALE FOR RECOMMENDATION
Contracted services are required for the specialized services required for this project, as the City lacks the in-house resources needed to complete scheduled sanitary sewer rehabilitation and replacement projects. Further, the City must take timely action to address urgent/emergent sewer repairs without delay. Finally, subject to fines and stipulated penalties, the Consent Decree requires the City to complete sanitary sewer mains rehabilitation and replacement at an average annual rate of no less than 22,120 feet on a three-fiscal-year rolling average. The City will have a three-year yearly average of approximately 22,200 linear feet replaced or rehabilitated through 2023.

ALTERNATIVE ACTIONS CONSIDERED
No reasonable alternative exists as the City's sanitary sewer pipelines are in poor condition and need timely rehabilitation to prevent an increased probability of infiltration and inflows, sanitary sewer leakages, and backup problems in the sanitary sewer system.

CONTACT PERSON
Ronald A. Nevels, Manager of Engineering, Public Works, (510) 981-6439 Srinivas Muktevi, Supervising Civil Engineer, Public Works, (510) 981-6402 Adadu Yemane, Associate Civil Engineer, Public Works, (510) 981-6413 Attachments:
1: Resolution
2: Location Map
3: Bid Results

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

CONTRACT: KOIOS ENGINEERING INC. FOR SANITARY SEWER REHABILITATION – THE ALAMEDA, KEELER AVENUE, EUCLID AVENUE ET AL. PROJECT WHEREAS, the Capital Improvement Program is a requirement of compliance with the National Pollution Discharge Elimination System Permit (NPDES) and California Regional Water Quality Control Board Consent Decree; and
WHEREAS, the City has neither the staff nor the equipment necessary to undertake this Sanitary Sewer Rehabilitation Project and other urgent/emergent sewer repairs; and WHEREAS, on September 26, 2023, the City released an Invitation for Bids (Specification No. 24-11619-C) for sanitary sewer rehabilitation and replacement; and WHEREAS, the City received five bids, and Koios Engineering, Inc. was found to be the lowest cost, most responsive and responsible bidder; and WHEREAS, the City filed a Notice of Exemption on May 18, 2023, declaring this work is exempt from the California Environmental Quality Act; and WHEREAS, funds are available in the FY 2024 budget Sanitary Sewer Fund 611.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Plans and result of Specification No. 24-11619-C for the Sanitary Sewer Rehabilitation Project are approved.

BE IT FURTHER RESOLVED that the Council of the City of Berkeley authorizes the City Manager to execute a contract and any amendments with Koios Engineering, Inc., until completion of the project in accordance with the approved plans and specifications for the Sanitary Sewer Rehabilitation Project -The Alameda, Keeler Avenue, Euclid Avenue et Al. The project is located throughout the City, in an amount not to exceed $3,456,596. A record signature copy of said agreement and any amendments will be on file in the Office of the City Clerk.

1 MARIN AVE

SPRUCE ST

ARLINGTON
AVE

SPRUCE ST

EUCLID AVE

EUCLID AVE

THE ALAMEDA

COLUSA AVE

SOLANO AVE

SONOMA AVE

MARIN AVE

GRIZZLY PEAK BLVD

KEITH AVE

CRAGMONT
AVE
KEELER
AVE
ALBANY
TILDEN

REGIONAL
PARK

VINCENTE
AVE

THOUSAND OAKS BLVD
2 3 4

WILDCAT CANYON RD
VASSAR
AVE
HALKIN LN5
6 7
8 9 10
11 12
13 14
15 1618
19 17 20
21 22

TACOMA AVE

SAN LUIS RD
ATTACHMENT 2 Page 5 of 8

ATTACHMENT 3 (BID RESULTS)
PROJECT NAME: SANITARY SEWER REHABILITATION
THE ALAMEDA, EUCLID AVE, ET AL.

SPECIFICATION NO. 24-11619-C
BID OPENING: 2:00 p.m., OCTOBER 24, 2023
Unit price Total amoun t Unit price Total amoun t Unit price Total amoun t

1. Mobilization/Demobilization 1L S $250,000.00 $250,000.00 $175,000.00 $175,000.00 $587,000.00 $587,000.00

2. Traffic Control Plan 1L S $125,000.00 $125,000.00 $32,000.00 $32,000.00 $555,000.00 $555,000.00

3. Li ghted Message board 4E A $250.00 $1,000.00 $16,000.00 $64,000.00 $5,000.00 $20,000.00

4. Pre-construction audio/video survey and
distribution of public notices 1L S
$50,000.00 $50,000.00 $23,000.00 $23,000.00 $10.00 $10.00

5. Pre-construction closed circuit television
inspection and location of active house laterals 5,067 LF $2.50 $12,667.50 $5.00 $25,335.00 $4.00 $20,268.00

6. Construction stakin g and cutsheets 1L S $1,000.00 $1,000.00 $25,000.00 $25,000.00 $10.00 $10.00 7a. Rehabilitate existing maintenance hole or
junction box 65 EA
$3,850.00 $250,250.00 $6,000.00 $390,000.00 $10,000.00 $650,000.00

8. Construct std. MH and drop MH, including
lining, eccentric cones, all depths Not Used EA
--- $0.00 --- $0.00 --- $0.00
9a. Remove existing structures and construct std.

MH, drop MH, shallow MH, junction box,
eccentric cones, all depths 4E A
$15,000.00 $60,000.00 $9,500.00 $38,000.00 $12,000.00 $48,000.00 9b. Remove existing stucture and construct
lamphole or cleanout, all depths 26 EA
$2,500.00 $65,000.00 $6,000.00 $156,000.00 $12,000.00 $312,000.00 9c. Remove existing structures and construct 36"
Diameter HDPE MH, all depths 11 EA
$15,000.00 $165,000.00 $9,500.00 $104,500.00 $15,000.00 $165,000.00 10a. Rehabilitation by Method "A" CIPP for
maintaining pipe size from 6 to 6-inch pipe;
includes point repair to correct sags 427 LF
$150.00 $64,050.00 $185.00 $78,995.00 $140.00 $59,780.00 10b. Rehabilitation by Method "A" CIPP for
maintaining pipe size from 8 to 8-inch pipe;
includes point repair to correct sags 446 LF
$105.00 $46,830.00 $220.00 $98,120.00 $95.00 $42,370.00 11a. Rehabilitation by Method "B" Pipe Splitting or
Other Comparable Method for Increasing Pipe
Size From 4-inch to 4-inch, or 4-inch to 6-inch
Diameter; Includes Point Repairs to Correct
Sags Not Used LF
$0.00 $0.00 $0.00
11b. Rehabilitation by Method "B" Pipe Splitting or
Other Comparable Method for Increasing Pipe
Size From 6-inch to 6-inch, 6-inch to 8-inch, or
8-inch to 8-inch Diameter; Includes Point
Repairs to Correct Sags 2,544 LF
$185.00 $470,640.00 $210.00 $534,240.00 $250.00 $636,000.00 11c. Rehabilitation by Method "B" pipe splitting,
reaming, or other comparable method for
increasing pipe size from 8 to 10-inch, or 10-
inch to 10-inch Diameter; Includes Point
Repairs to Correct Sags 414 LF
$450.00 $186,300.00 $220.00 $91,080.00 $275.00 $113,850.00 Koisos
SAN FRANCISCO, CAITEM NO. DESCRIPTION ESTIMATED

QUANTITY UNIT
APB Engineering PRECISION ENGINEERING, INC

OAKLAND, CA SAN FRANCISCO, CA
VERIFIED BY:RICARDO SALCEDO Page 1 of 3 SUBMITTED BY:SRINIVAS MUKTEVI

ATTACHMENT 3 (BID RESULTS)
PROJECT NAME: SANITARY SEWER REHABILITATION
THE ALAMEDA, EUCLID AVE, ET AL.

SPECIFICATION NO. 24-11619-C
BID OPENING: 2:00 p.m., OCTOBER 24, 2023
Unit price Total amoun t Unit price Total amoun t Unit price Total amoun t Koisos
SAN FRANCISCO, CAITEM NO. DESCRIPTION ESTIMATED

QUANTITY UNIT
APB Engineering PRECISION ENGINEERING, INC

OAKLAND, CA SAN FRANCISCO, CA
11d. Rehabilitation by Method "B" pipe splitting,
reaming, or other comparable method for
increasing pipe size from 10 to 12, or 12-inch
to 12-inch Diameter; Includes Point Repair to
Correct Sags 856 LF
$475.00 $406,600.00 $250.00 $214,000.00 $350.00 $299,600.00 11e. Rehabilitation by Method "B" slip lining of
host pipe size of 8-inch diameter with 6-inch
diameter (Revocable) 183 LF
$175.00 $32,025.00 $150.00 $27,450.00 $175.00 $32,025.00 12a. Sewer construction and replacement by Method
"C" Traditional Open Trench Method for
Increasing Pipe Size from 4-inch to 6-inch or 6-
inch to 6-inch Diameter; Includes Point Repair
of Sags 288 LF
$425.00 $122,400.00 $325.00 $93,600.00 $450.00 $129,600.00 12b. Sewer construction and replacement by Method
"C" Traditional Open Trench Method for
Increasing Pipe Size from 6-inch to 8-inch or 8-
inch to 8-inch; Includes Point Repair of Sags 125 LF
$450.00 $56,250.00 $375.00 $46,875.00 $650.00 $81,250.00 12c. Sewer construction and replacement by Method
"C" Traditional Open Trench Method for
increasing pipe size from 8 to 10-inch diameter,
or 10-inch to 10-inch; Includes Point Repair for
Sags Not Used LF
$0.00 $0.00 $0.00
12d. Sewer construction and replacement by Method
"C" Traditional Open Trench Method for
increasing pipe size from 10 to 12-inch
diameter, or 12-inch to 12-inch; Includes Point
Repair for Sags 40 LF
$1,500.00 $60,000.00 $650.00 $26,000.00 $725.00 $29,000.00

13. Lower lateral reconstruction (typically 4-inch
and 6-inch laterals) 600 LF
$50.00 $30,000.00 $175.00 $105,000.00 $5.00 $3,000.00
VERIFIED BY:RICARDO SALCEDO Page 2 of 3 SUBMITTED BY:SRINIVAS MUKTEVI

ATTACHMENT 3 (BID RESULTS)
PROJECT NAME: SANITARY SEWER REHABILITATION
THE ALAMEDA, EUCLID AVE, ET AL.

SPECIFICATION NO. 24-11619-C
BID OPENING: 2:00 p.m., OCTOBER 24, 2023
Unit price Total amoun t Unit price Total amoun t Unit price Total amoun t Koisos
SAN FRANCISCO, CAITEM NO. DESCRIPTION ESTIMATED

QUANTITY UNIT
APB Engineering PRECISION ENGINEERING, INC

OAKLAND, CA SAN FRANCISCO, CA

14. Installation of two-way cleanouts and lateral
risers 68 EA
$750.00 $51,000.00 $1,200.00 $81,600.00 $5.00 $340.00

15. Connection of active laterals to new or
rehabilitated sewer main or MH 19 EA
$500.00 $9,500.00 $5,000.00 $95,000.00 $5.00 $95.00

16. Post-construction closed circuit television
inspection and construction As-Built Drawings 5,067 LF
$2.50 $12,667.50 $5.00 $25,335.00 $4.00 $20,268.00

17. Remove existing and construct standard curb
and gutter 26 LF
$75.00 $1,950.00 $450.00 $11,700.00 $5.00 $130.00

18. Remove existing, and construct standard
sidewalk and driveway 40 SF
$50.00 $2,000.00 $100.00 $4,000.00 $5.00 $200.00

19. Utility x-ings not shown and/or identified on
the plans and not marked on street, length of x-
ing <25 feet, 1/2-6 inch diameter. 15 EA
$250.00 $3,750.00 $2,500.00 $37,500.00 $5.00 $75.00

20. Utility x-ings not shown and/or identified on
the plans and not marked on street, length of x-
ing <25 feet, 6-24 inch diameter. 5E A
$250.00 $1,250.00 $4,500.00 $22,500.00 $5.00 $25.00

21. Rock excavatio n 75 CY $10.00 $750.00 $1,000.00 $75,000.00 $5.00 $375.00

22. Reconstruction/Replacement of City
monuments. 6E A
$100.00 $600.00 $15,000.00 $90,000.00 $5.00 $30.00

23. Su pplemental Work 1L S $300,000.00 $300,000.00 $300,000.00 $300,000.00 $300,000.00 $300,000.00

24. BART District Permit to Enter Not Used LS $0.00 $0.00 $0.00

25. Caltrans Encroachment Permit/Authorization to
work Not Used LS
$0.00 $0.00 $0.00

26. EBRPD Permit - Additional provisions and
insurance requirements. Not Used LS
$0.00 $0.00 $0.00

27. Stormwater Pollution Control and Sewage Spill
Prevention and Response Requirements 1L S
$20,000.00 $20,000.00 $50,000.00 $50,000.00 $20,000.00 $20,000.00

28. Sewer Bypass (for Sewer Mains 27" and
Larger) Not Used LS
$0.00 $0.00 $0.00

29. Investigate other existing sewer mains,
structures, and laterals. 1L S
$1,500.00 $1,500.00 $75,000.00 $75,000.00 $20,000.00 $20,000.00

30. California Dept of Fish and Wildlife, Creek
Permit - Additional Requirements For Work
Adjacent to City's Creek Not Used LS
$0.00 $0.00 $0.00

31. Point (Spot) Repair 7E A $9,750.00 $68,250.00 $20,000.00 $140,000.00 $4,000.00 $28,000.00

32. Plug and abandon existing sewer mains, sewer
structure and laterals 1L S
$10,000.00 $10,000.00 $38,000.00 $38,000.00 $20,000.00 $20,000.00

33. Cold Plane 0.2' (Revocable) 39,800 SF $5.10 $202,980.00 $10.00 $398,000.00 $0.20 $7,960.00

34. Concrete Staircase Replacement (Includes
Handrail) 23 SF
$50.00 $1,150.00 $850.00 $19,550.00 $500.00 $11,500.00
$3,142,360.00 $3,811,380.00 $4,212,761.00TOTAL COST
VERIFIED BY:RICARDO SALCEDO Page 3 of 3 SUBMITTED BY:SRINIVAS MUKTEVI

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 12, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: LaTanya Bellow, Deputy City Manager; Interim Director, Public Works Subject: Purchase Orders: Pinnacle Petroleum, Inc. and Western States, Inc. for Bulk Renewable Diesel and Gasoline

RECOMMENDATION
Adopt two Resolutions authorizing the City Manager to execute multi-year purchase orders as outlined below through June 30, 2029:

1. Purchase Order with Pinnacle Petroleum to provide fuel for City vehicles and equipment in an amount not to exceed $8,500,000 for the next four fiscal years (FY 2025 through FY 2029).

2. Purchase Order with Western States, Inc. to provide fuel for City vehicles and equipment in an amount not to exceed $2,000,000 for the next four fiscal years (FY 2025 through FY 2029).

FISCAL IMPACTS OF RECOMMENDATION
Funding is available in the FY2024 baseline budget in the Equipment Maintenance Fund (Fund 672) in the amount of $400,000 and Fire Fund (Fund 011) in the amount of $145,000. Additional funding will be requested as part of the Second Amendment to the FY 2024 Annual Appropriations Ordinance.

Funds for the next four years (FY25-FY29) in the amount of $8,855,000 will be appropriated as part of the Annual Appropriations Ordinance in the Equipment Maintenance Fund and Fire Fund.

CURRENT SITUATION AND ITS EFFECTS
Fuel is purchased by Public Works Equipment Maintenance Division for use by City vehicles and equipment, including emergency generators, and by the Fire Department for fuel at the City located Fire stations.

On July 18, 2023, Public Works released an Invitation for Bids Specification No. 23- 11579-C for Bulk Renewable Diesel and Gasoline. The solicitation was released for approximately sixty-six days including the day of the bid opening. Four bids were received and after review by the Department of Public Works and Finance-General

Multi-Year Purchase Orders: Pinnacle Petroleum, Inc. and Western States, Inc. CONSENT CALENDAR for Bulk Renewable Diesel and Gasoline December 12, 2023

Services Pinnacle Petroleum, Inc. was determined to be the lowest responsible bidder that met the specifications based on a fixed rate discount (-) $0.0127 for unleaded gasoline, and $0.0654 for renewable diesel over the published San Francisco Oil Price Information Services (OPIS).

Public Works recommends selecting an alternate Fuel Service Provider in case of emergency or unforeseen circumstances whereby primary provider (Pinnacle Petroleum, Inc.). Western States Petroleum Oil, Inc was the second responsive bid that meets the specification based on fixed rate price $0.1500 for unleaded gasoline, and $0.0400 for renewable diesel, both above the published San Francisco OPIS.

These purchase orders support the Strategic Plan Priority goal of creating a resilient, safe, connected, and prepared city.

BACKGROUND
In October 1981, Council adopted Resolution No. 50,961-N.S. authorizing the City to buy fuel on the open market. Because the Resolution did not have a not to exceed amount, the purchases on the open market were made without any price analysis. Due to fluctuations in fuel prices, it has not been possible to obtain a long-term bid.

The OPIS is available which indexes oil prices and provides cities with an average cost of fuel on a weekly basis. Bidders can then bid on a fixed price or percentage either over or under the weekly basis what the price of fuel in the San Francisco area is and by applying the bidders offer to be able to monitor prices being charged, and manager expenditures for this commodity.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Fuel purchased from Pinnacle Petroleum Inc, and Western States includes San Francisco ultra-low sulfur renewable diesel and CARB regulated unleaded fuel formulated with 10% Ethanol and Cap-At-The-Rack (CAR) added.

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

Additionally, the City Fleet has decreased its consumption of gasoline by 38% since 2001, and will continue to decrease as the fleet converts to electric. Public Works will also be performing a Fleet Right-Sizing Assessment to look for additional opportunities to reduce fuel usage and the overall number of vehicles in the fleet.

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

Multi-Year Purchase Orders: Pinnacle Petroleum, Inc. and Western States, Inc. CONSENT CALENDAR for Bulk Renewable Diesel and Gasoline December 12, 2023

anticipated construction beginning in early 2024. Additionally, the City is transitioning away from Compressed Natural Gas vehicles to renewable diesel to further reduce the carbon footprint of the City’s fleet.

RATIONALE FOR RECOMMENDATION
Based on the results of bid specification number 23-11579-C, the Department of Public works along with Finance-General Services is confident that the City obtained the best pricing available for fuel and has done so in a competitive market. With the availability of the OPIS Price Index, fuel prices will be monitored and the City will know exactly what prices will be on a weekly basis.

ALTERNATIVE ACTIONS CONSIDERED
City will continue to purchase fuel on the open market with reference to a set weekly price.

CONTACT PERSON
Greg Ellington, Superintendent, Department of Public Works (510) 981-6469 Joy Brown, Operations Manager, Department of Public Works (510) 981-6629 Sherri Degnan, Senior Buyer, Department of Finance (510) 981-7313 Attachments:
1: Resolution: Purchase Order Pinnacle Petroleum, Inc.
2: Resolution: Purchase Order Western States, Inc.

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

PURCHASE ORDER: PINNACLE PETROLEUM, INC. FOR BULK RENEWABLE

DIESEL AND GASOLINE
WHEREAS, fuel is needed for purchase by the Department of Public Works Equipment Maintenance Division for use for city vehicles and equipment including emergency generators for the Fire Department; and
WHEREAS, on October 6, 1981 by Resolution No. 50,961-N.SL, the City Council authorized the purchase of fuel on the open market; and WHEREAS, on July 18, 2023 the Department of Public Works issued an Invitation for Bids for Bulk Renewable Diesel and Gasoline. The solicitation was released for approximately sixty-six days including the day of the bid opening, and four bids were received; and
WHEREAS, Public Works and Finance-General Services determined that Pinnacle Petroleum, Inc. submitted the lowest responsible bid that met the specifications; and WHEREAS, funding for the fuel purchases in remainder of FY 2024 is provided in the baseline budgets in Equipment Maintenance Fund 672 and Fire Fund 011; and WHEREAS, future funding required for the next four years (FY 2025-FY 2029) will be appropriated in the Equipment Maintenance and Fire Funds.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute multi-year purchase orders with Pinnacle Petroleum, Inc. to provide fuel delivery services for City vehicles and equipment including emergency generators in an amount not to exceed $8,500,000 through June 30, 2029.

December 12, 2023

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

PURCHASE ORDER: WESTERN STATES, INC. FOR BULK RENEWABLE DIESEL

AND GASOLINE
WHEREAS, fuel is needed for purchase by the Department of Public Works Equipment Maintenance Division for use for city vehicles and equipment including emergency generators for the Fire Department; and
WHEREAS, on October 6, 1981 by Resolution No. 50,961-N.SL, the City Council authorized the purchase of fuel on the open market; and WHEREAS, on July 18, 2023 the Department of Public Works issued an Invitation for Bids for Bulk Renewable Diesel and Gasoline. The solicitation was released for approximately sixty-six days including the day of the bid opening, and four bids were received; and
WHEREAS, Public Works and Finance-General Services determined that Western States, Inc. submitted the second lowest responsible bid that met the specifications; and WHEREAS, Public Works is selecting two vendors to provide fuel to the City in case of emergencies, and
WHEREAS, funding for the fuel purchases in remainder of FY 2024 is provided in the baseline budgets in Equipment Maintenance Fund 672 and Fire Fund 011; and WHEREAS, future funding required for the next four years (FY 2025-FY 2029) will be appropriated in the Equipment Maintenance and Fire Funds.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute multi-year purchase orders with Western States, Inc. to provide fuel delivery services for City vehicles and equipment including emergency generators in an amount not to exceed $2,000,000 through June 30, 2029.

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 12, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: LaTanya Bellow, Deputy City Manager; Interim Director, Public Works Subject: Purchase Order: National Auto Fleet Group for Four (4) Tractor Trucks and Trailers

RECOMMENDATION
Adopt a Resolution satisfying requirements of City Charter Article XI Section 67.2 allowing the City to participate in Sourcewell (formerly NJPA) bid procedures, and authorizing the City Manager to execute a purchase order for four (4) Tractor Trucks and Trailers with National Auto Fleet Group in an amount not to exceed $1,600,000.

FISCAL IMPACTS OF RECOMMENDATION
The purchase of four (4) Tractor Trucks and Trailers will not exceed $1,600,000 and includes CA tire fees, extended warranty and sales tax. Funding will be recommended for appropriation through the Second Amendment to the FY 2024 Annual Appropriation Ordinance (AAO2) in the Equipment Replacement Fund 671.

CURRENT SITUATION AND ITS EFFECTS
The purchase of four (4) Tractor Trucks will replace four (4) existing Tractor Trucks (Unit Nos. 6052, 6053, 6054, and 6055), and their corresponding Trailers (Unit Nos. 6012, 6013, 6014 and 6015). These Tractor Trucks and Trailers are utilized by the Zero Waste Division of the Public Works Department for transporting refuse to the City’s landfill in (please provide the location) and recyclable materials to recycling facilities for secondary sort. The existing four (4) Tractor Trucks and Trailers currently in operation have reached the end of their economic and useful life and are due for replacement.

Electric/Hybrid Electric Evaluation
With all fleet purchases, Public Works staff research the feasibility and availability of fully electric vehicles and hybrid-electric powertrains to support the City’s transition to renewable energy resources. Staff research and conversations with vehicle manufacturing representatives found that multiple companies are at this time either testing prototypes or planning to test heavy-duty electric truck models in California.

These are nationally and established manufacturers, including Freightliner, Volvo, Peterbilt, and BYD. These new models are not currently commercially available and will

Purchase Order: National Auto Fleet Group for Four (4) Tractor Trucks and Trailers CONSENT CALENDAR December 12, 2023

not be made available prior to the reasonable replacement window for the currently needed four (4) Tractor Trucks.

Based on current need and the above-mentioned outreach undertaken to meet the City’s transition to renewable energy resources, Staff recommends The Tractor Trucks be replaced by vehicles powered by 100% renewable diesel that reduces greenhouse gas emission by as much as 50-80%. Usage of renewable diesel also complies with the City’s Fossil Free Recommendations. This purchase is in alignment with the 2020 Municipal Fleet Electrification Assessment that recognized the lack of commercially available and viable heavy-duty vehicles.

The Department of Public Works is continuing its collaboration with Ava Community Energy (formerly known as East Bay Community Energy) on the Fleet Electrification Assessment for City Facilities including the Solid Waste and Recycling Transfer Station to help the transition to an all electric City Fleet.

This purchase will support the City’s Strategic Plan Goal of creating a resilient, safe, connected, and prepared City.

BACKGROUND
Throughout the year, the Department of Public Works purchases vehicles and equipment for City’s operating departments that are paid through the Equipment Replacement Fund. City departments that use fleet vehicles pay into the equipment replacement fund, which funds vehicle replacement as they reach the end of their life. If a purchase request exceeds $25,000, the Department of Finance, General Services Division, solicits bids or “piggybacks” off competitively bid contracts to ensure the City’s departments receive competitive pricing.

The City of Berkeley is a no-cost member and participant of Sourcewell (formerly National Joint Powers Alliance (NJPA)), a municipal contracting agency operation under the legislative authority of Minnesota Statue 123A.21. The original statute was revised in 1995 to allow government clients to better meet their specific needs through participation in a service cooperative, rather than paying the higher cost associated with individual procurement. Sourcewell allows participating municipal agencies to leverage the benefits of cooperative purchasing and reduces procurement costs. Sourcewell serves all educational, government, and non-profit agencies nationwide, and offers cooperatively contracted products, equipment and service opportunities to government entities throughout the U.S. All Sourcewell contracts have been competitively solicited nationwide.

On April 16, 2020 NJPA released Request for Proposal No. 060920 for Class 4-8 Chassis with Related Equipment, Accessories, and Services. The solicitation was released for approximately fifty-five days. On June 9, 2020, twenty-five (25) proposals were submitted and upon their review, NJPA selected National Auto Fleet Group as the

Purchase Order: National Auto Fleet Group for Four (4) Tractor Trucks and Trailers CONSENT CALENDAR December 12, 2023

best most responsive proposer to meet the specifications, thusly awarding Contract No. 060920-NAF.

For all contracts, Sourcewell charges an administrative fee based upon a percentage of the sale, and that fee is paid by the Contractor directly to Sourcewell. For this purchase the fee will be paid by Contract holder National Auto Fleet Group and this cost will not be passed on to the City.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Public Works Equipment Maintenance endeavors to procure the most fuel-efficient vehicles and equipment that are suitable for the required tasks. At present, the Solid Waste & Recycling Transfer Station is undergoing a replacement project that will include electric vehicle charging capabilities that do not exist at this time. Electric heavy- duty trucks are in prototype development and expected to be commercially available when site construction is completed.

RATIONALE FOR RECOMMENDATION
Equipment must be replaced on a reasonable schedule to ensure the Public Works equipment operators can efficiently, safely, and effectively carry out their duties.

ALTERNATIVE ACTIONS CONSIDERED
Consideration was given to purchasing electric vehicles, but they do not currently exist in models that meet the City’s mileage needs, nor can the City’s electric charging infrastructure currently support heavy-duty vehicles if they did exist. Operating equipment longer than its useful life results in higher maintenance costs and excessive downtime in order to keep it operating in a safe and serviceable manner. Without these recommended vehicles, Zero Waste Division would be unable to transport materials for disposal or recycling, thus severely impacting operations.

CONTACT PERSON
Greg Ellington, Superintendent, Department of Public Works (510) 981-6469 Leticia Jauregui, Acting Solid Waste & Recycling Manager, Department of Public Works (510) 981-6362
Joy Brown, Operations Manager, Department of Public Works (510) 981-6629 Sara Rubio, Temporary Fleet Procurement Specialist, Department of Public Works (510) 981-5372
Attachment:
1: Resolution

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

PURCHASE ORDER: NATIONAL AUTO FLEET GROUP FOR FOUR (4) TRACTOR

TRUCKS AND TRAILER TRUCKS
WHEREAS, four (4) Tractor Trucks and Trailers are needed by City of Berkeley Zero Waste Division for transporting refuse to a landfill and recyclable materials to recycling facilities for secondary sort; and
WHEREAS, equipment must be replaced upon a reasonable schedule that allows operators to efficiently and effectively carry out their duties; and WHEREAS, City Charter XI Section 67.2 allows the City to purchase goods without undergoing a competitive bid process if the City uses pricing obtained by another entity through a competitive bid process; and
WHEREAS, on April 16, 2020, NJPA released Request for Proposal No. 060920 for Class 4-8 Chassis with Related Equipment, Accessories, and Services and the solicitation was released for approximately fifty-five days; and
WHEREAS, on June 9, 2020 twenty-five proposals were submitted and upon their review NJPA selected National Auto Fleet Group as the best most responsive proposer to meet the specifications, thusly awarding Contract No. 060920-NAF; and WHEREAS, Sourcewell bid procedures satisfy the procurement requirements of the City of Berkeley; and
WHEREAS, funds in the amount of $1,600,000 will be recommended for appropriation through the Second Amendment to the FY2024 Annual Appropriation Ordinance (AAO2) in the Equipment Replacement Fund (671).

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a purchase order for four Tractor Trucks and Trailers with National Auto Fleet Group in an amount not to exceed $1,600,000.

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

CONSENT CALENDAR
December 12, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: LaTanya Bellow, Deputy City Manager; Interim Director, Public Works Subject: Purchase Order: Braun Northwest, Inc. for One (1) North Star 155 Type 1 Ambulance

RECOMMENDATION
Adopt a Resolution satisfying requirements of City Charter Article XI Section 67.2 allowing the City to participate in HGACBuy contract bid procedures and authorizing the City Manager to execute a purchase order for one (1) 2023 North Star 155-1 Type 1 Ambulance with Braun Northwest, Inc. in an amount not to exceed $284,974.

FISCAL IMPACTS OF RECOMMENDATION
The purchase of one (1) North Star 155-1 Type 1 Ambulance will not exceed $284,974 and includes delivery, CA tire fees and sales tax. Funding for this purchase is available in the FY 2024 budget for Equipment Replacement Fund.

CURRENT SITUATION AND ITS EFFECTS
This purchase will replace unit 1914 that has reached the end of its useful life expectancy. The new asset will be utilized by the Berkeley Fire Department Emergency Medical Services (EMS) Staff to provide critical emergency medical services throughout the City of Berkeley. The new ambulance will have a compact and efficient design, and is custom-built for quality, durability, and maximum functionality. The aluminum construction is designed to reduce weight and provide superior crash protection.

This purchase supports the City’s Strategic Plan Goal of creating a resilient, safe, connected, and prepared City.

BACKGROUND
If a purchase request exceeds $25,000, the Department of Finance, General Services Division solicits bids or “piggybacks” off competitively bid contracts to ensure the City’s departments is receiving the best pricing.

The City of Berkeley has been a no-cost member of Houston-Galveston Area Council (HGACBuy), a Cooperative Purchasing Program that has offered inter-local purchasing since 2008. HGACBuy provides procurement services that make the government procurement process more efficient by establishing competitively priced contracts for goods and services made available to local governments nationwide.

Purchase Order: Braun Northwest, Inc. for one (1) CONSENT CALENDAR 2023/24 North Star 155-1 Type 1 Ambulance December 12, 2023

Products and services offered through HGACBuy have been subjected to a public competitive bid process. On April 2, 2020 HGACBuy released an Invitation to Submit a Competitive Bid, No AM-10-20 for Ambulances, EMS & Other Special Service Vehicles.

The solicitation was nationally advertised for thirty-six days. On May 7, 2020, twenty- four proposals were submitted and reviewed by the Houston-Galveston Area Council which selected Braun Northwest, Inc. as the best, most responsive and responsible proposer to meet the specifications, thereby awarding Contract No. AM10-20.

HGACBuy charges an order processing fee for each sale successfully completed through their contract. For this purchase a flat fee charge of $1,000 will be paid directly to HGACBuy by Braun Northwest, Inc.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Public Works Equipment Maintenance Division researches the feasibility and availability of fully electric vehicles and hybrid-electric powertrains to support the City’s transition off fossil fuels. Staff found there are no viable options available that meet the configuration and safety upgrades available in the current fleet. There are several companies in development and production stages of EV Emergency Medical Service vehicles, and the Fire Department is interested in testing those models when available.

In addition, there is no infrastructure available at the Fire Stations to support the electric charging of vehicles. The new ambulance will utilize 100% renewable diesel fuel. Usage of renewable diesel also complies with the City’s Fossil Free Recommendations. This purchase aligns with the 2020 Municipal Fleet Electrification assessment that recognized the lack of commercially available and viable medium and heavy-duty vehicles. The Equipment Maintenance Division continues researching the availability of all electric ambulances.

RATIONALE FOR RECOMMENDATION
Equipment must be replaced on a reasonable schedule to ensure the Fire Department can efficiently, safely, and effectively carry out its duties.

ALTERNATIVE ACTIONS CONSIDERED
None. Keeping equipment longer than its useful life results in higher maintenance costs and excessive downtimes in order to keep operating in a safe and serviceable manner.

CONTACT PERSON
Greg Ellington, Superintendent, Department of Public Works (510) 981-6469 Joy Brown, Operations Manager, Department of Public Works (510) 981-6629 Attachment:

1. Resolution

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

PURCHASE ORDER: BRAUN NORTHWEST, INC. FOR ONE (1) NORTH STAR TYPE 155-1 AMBULANCE
WHEREAS, one (1) North Star 155-1 Type 1 Ambulance is needed by the City Fire Department to provide ambulatory service in Berkeley; and WHEREAS, Charter Section 67.2 allows the City to purchase goods without undergoing a competitive bid process if the City uses pricing obtained by another entity through a competitive bid process; and
WHEREAS, on April 2, 2020 Houston Galveston Area Council (HGACBuy) released an invitation to submit a Competitive Bid, No. AM10-20 for Ambulances, EMS & Other Special Service Vehicles. The solicitation was released for approximately thirty-six days and twenty-four bids were submitted and reviewed; and
WHEREAS, on May 7, 2020 HGACBuy selected Braun Northwest, Inc. as the best and most responsive bidder to meet the specifications, thereby awarding Contract No. AM10- 20; and
WHEREAS, funds in the amount of $284,974 are available in the FY2024 budget in the (671) Fund.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a purchase order for one North Star Type 155-1 Ambulance with Braun Northwest, Inc. In an amount not to exceed $284,974.

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 12, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: LaTanya Bellow, Deputy City Manager; Interim Director, Public Works Subject: Contract No. 102354-1 Amendment: Direct Line Tele Response for Citywide After-Hours Answering Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute an amendment for up to $200,000 to Contract No. 102354-1 with Direct Line Tele Response to provide continued customer service support after normal business hours, on weekends and holidays, for a total contract amount not to exceed $832,750, and extending the contract term through December 31, 2025.

FISCAL IMPACTS OF RECOMMENDATION
The annual expenditure is typically between $80,000 and $87,000 across City departments. Funding for FY 2024 is available in the baseline budget. Additional funding will be made available and appropriated as needed.

Department / Fund Erma Account Code Amount
Information Technology 680-35-364-000-0000-000-472-612990- $50,000 Parks, Recreation and Waterfront – Park
Tax
138-52-541-598-0000-000-461-612990- $5,000
Public Works – Parking Meter 631-54-621-654-0000-000-472-612990- $1,500 Public Works - Sanitary Sewer 611-54-621-654-0000-000-472-612990- $15,000 Public Works – Zero Waste – Clean City 601-54-621-654-0000-000-472-612990- $5,000 Public Works – Zero Waste 601-54-627-732-3019-000-472-612990- $3,000 Public Works – Clean Stormwater 616-54-621-654-0000-000-472-612990- $1,500 Public Works – Equipment Maintenance 672-54-626-722-0000-000-472-612990- $1,000 Public Works – State Transportation Tax 127-54-621-654-0000-000-412-612990- $1,500 Public Works – Building Management 636-54-624-692-0000-000-472-612990- $1,500 Public Works – Building Maintenance 673-54-624-692-0000-000-472-612990- $1,500 Planning – Unified Program (CUPA) 622-53-582-601-0000-000-474-632110- $500 Total Estimated Annual Amount $87,000

Contract No. 102354-1 Amendment: Direct Line Tele Response CONSENT CALENDAR for Citywide After-Hours Answering Services December 12, 2023

CURRENT SITUATION AND ITS EFFECTS
Direct Line Tele Response (Direct Line) provides after-hours answering services for Department of Public Works; Parks, Recreation and Waterfront; Department of Planning and Development. It also provides daytime coverage to the Information Technology's 311 Customer Service Division to support staff training and development and allows staff to attend key department meetings.

After normal business hours, on weekends, and on holidays, residents and businesses continue to contact the City to report urgent requests such as sewer problems, flooding, fallen tree limbs, broken traffic signals, hazardous material situations, and other urgent impacts in the public right of way or to City Facilities. Direct Line has trained staff to receive, listen, respond, dispatch and report urgent requests to City crews. In the event of a power outage in Berkeley, they have a backup generator to support their operations. If there is an earthquake or other catastrophic event, they have remote staff in other areas of California, Arizona, and Texas that are able to support our emergency dispatch needs.

The Direct Line contract amendment is a Strategic Plan Priority Project, advancing our goal of creating a resilient, safe, connected, and prepared city.

BACKGROUND
The City issued a Request for Proposals in April 2014 and selected Direct Line Tele Response as the most responsive and qualified vendor. Direct Line Tele Response is a Berkeley-based business and is familiar with the needs of those client departments covered under this contract.

It is not cost effective for the City to provide phone coverage for the urgent calls it receives after normal business hours. The City has been using Berkeley based Direct Line as an answering service to take calls from the public for decades. When Direct Line Tele Response receives a call, it contacts the on-call assigned City staff to respond to the request for service. Non- emergency calls are recorded, and appropriate departments notified by email the next business day.

On May 20, 2014, the City Council authorized the City Manager to enter into a contract with Direct Line Tele Response to provide these services in an amount not to exceed $75,000 (FUND$ Contract No. 9674).

On April 1, 2015 the City Manager authorized an amendment to Contract No.9674 to modify only the contract scope to provide additional coverage services to the 311 Customer Service Center allowing staff to attend required trainings.

On April 25, 2017, the City Council authorized the City Manager to amend contract No. 9674A with Direct Line Tele Response to provide services to multiple City departments in an amount not to exceed $150,000.

Contract No. 102354-1 Amendment: Direct Line Tele Response CONSENT CALENDAR for Citywide After-Hours Answering Services December 12, 2023

On September 25, 2018, the City Council authorized the City Manager to amend contract No. 9786B with Direct Line Tele Response to increase the not to exceed amount to $282,750 and extend the contract term to December 31, 2020.

On October 27, 2020, the City Council authorized the City Manager to amend contract No. 102354-1 with Direct Line Tele Response to increase the not to exceed amount to $432,750 and extend the contract term to December 31, 2022 On June 28, 2022, the City Council authorized the City Manager to amend Contract No. 102354-1 with Direct Line Tele Response to increase the not to exceed amount to $632,750 and extend the contract term to December 31, 2024.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Having an answering service to handle after hours calls allows City staff to respond quickly to a variety of operational needs such as hazardous materials spills, sewer problems, or other issues that could be harmful to the environment. There are no identifiable climate impacts.

RATIONALE FOR RECOMMENDATION
City staff does not currently have the capacity to provide after hours, weekend, and holiday call answering services. Direct Line Tele Response has extensive experience and has performed well during the contract term. Their services provide the City additional support during wet weather events and emergencies. They continue to upgrade their capacity and are reliable and cost effective. A new request for proposals will be issued subsequent to the contract execution with the vendor of the new Community Relationship Management Software and Services.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Joy Brown, Public Works Operations Manager, Public Works, (510) 981-6629 Penelope Cash, Manager, Information Technology- 311, (510) 981-2489 Attachment:
1: Resolution

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

CONTRACT NO. 102354-1 AMENDMENT: DIRECT LINE TELE RESPONSE FOR

AFTER-HOURS ANSWERING SERVICES
WHEREAS, Direct Line Tele Response has provided reliable after-hours answering services during the contract term and has been able to support the 311 Customer Service during occasional required trainings and meetings; and
WHEREAS, in 2014 the City requested proposals for Citywide answering services and Direct Line Tele Response was selected as the most qualified firm to provide these services; and
WHEREAS, on May 20, 2014, by Resolution No. 66-586 N.S., the City Council authorized Contract No. 9674 with Direct Line Tele Response for after-hours answering services, in an amount not to exceed $75,000 for the period of July 1, 2014 through June 30, 2017; and
WHEREAS, on April 25, 2017, by Resolution No.67,912 N.S., the Council authorized the City Manager to amend contract No. 9674 with Direct Line Tele Response to provide services to multiple City departments in an amount not to exceed $150,000; and WHEREAS, on September 25, 2018, by Resolution No. 68,610 the Council authorized the City Manager to amend contract No. 9674B with Direct Line Tele Response to provide services to multiple City departments in an amount not to exceed $282,750; and
WHEREAS, on October 27, 2020, the Council authorized the City Manager to amend contract No. 102354-1 with Direct Line Tele Response to increase the not to exceed amount to $432,750 and extend the contract term to December 31, 2022; and WHEREAS, on June 28, 2022, the Council authorized the City Manager to amend Contract No. 102354-1 with Direct Line Tele Response to increase the not to exceed amount to $632,750 and extend the contract term to December 31, 2024; and WHEREAS, there is an ongoing need for an answering service to answer calls and to dispatch City staff outside routine business hours for Public Works, Parks, Recreation and Waterfront, Department of Planning & Development’s Toxics Management Division, and for coverage for Information Technology 311 Customer Service Division; and WHEREAS, City staff does not currently have the capacity to perform the services provided by Direct Line Tele Response; and

December 12, 2023

WHEREAS, funds have been identified from each of the participating departments and divisions with an estimated annual expenditure of $87,500 that is provided for in baseline FY 2024 budget and will be appropriated in future budgets.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute an amendment to Contract No. 102354-1 with Direct Line Tele Response for after-hours answering services, and for periodic daytime coverage for 311 Customer Service, increasing the contract amount by $200,000 for a total amount not to exceed $832,750 and extending the term of the contract to December 31, 2025.

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

CONSENT CALENDAR
December 12, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: LaTanya Bellow, Deputy City Manager; Interim Director, Public Works Subject: Contract No. 32300110 Amendment: SCI Consulting Group for On-Call Civil Engineering Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32300110 with SCI Consulting Group to increase the spending authority by $150,000 for a total not to exceed $300,000.

FISCAL IMPACTS OF RECOMMENDATION
Funding for the contract amendment to increase the spending authority by $150,000, for a total not to exceed $300,000, is available in the FY 2024 budget in the Clean Stormwater Fund (616). Additional funding for this on-call contract is subject to appropriation in FY 2024 through FY 2026 based on the department’s needs for civil engineering services.

CURRENT SITUATION AND ITS EFFECTS
For certain capital improvement programs to move forward, Public Works staff rely on outside civil engineering consultants. There is a need for civil engineering services for assessment districts; designing streets, storm drains, green infrastructure, and sidewalk projects; and these projects’ construction management and inspection.

On September 20, 2022, City Council authorized a contract with SCI Consulting Group (SCI) for a not to exceed amount of $150,000 by Resolution No. 70,541-N.S.

From November 1, 2022 to September 1, 2023, task orders for on-call engineering services have been authorized to SCI for approximately 76% of their total contract amount. The scope of work has included Street Light Assessment District and Clean Storm Fee Administration, Proposition 218 proceedings, and an impact fee nexus study.

There is a continuing need for on-call services over the next 2 years for assessment district administration. In order to continue providing existing services, staff proposes amending the contract for SCI for increased expenditure authority. If this contract is not amended, the City will be unable to continue using their services when the not-to- exceed amount is depleted.

Contract 32300110 Amendment: SCI Consulting Group CONSENT CALENDAR for On-Call Civil Engineering Services December 12, 2023

The provided services support the Strategic Plan goal to provide state-of-the-art, well- maintained infrastructure, amenities, and facilities.

BACKGROUND
Public Works Engineering Division is experiencing significantly increased workloads, resulting from staff vacancies, deferred maintenance, ongoing capital projects, and Measure T1 projects. The City has used civil engineering consultants in the past to design and manage projects. These include situations in which the nature of the work is specialized such as assessment districts, paving, drainage, and green infrastructure for design, permitting, construction administration, and inspections. On-call contracts provide professional design, engineering, and construction management services when needed and reduce the urgency and need for hiring additional staff.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no negative environmental effects of this action. This contract will help ensure proper administration of assessments and successful completion of capital improvement projects including green infrastructure projects.

RATIONALE FOR RECOMMENDATION
SCI Consulting Group has particular expertise in administration of assessments, fees and special taxes for public agencies. The City has insufficient staffing and resources to properly administer these items. Amending this contract will assist the City in proceeding with required annual administration.

ALTERNATIVE ACTIONS CONSIDERED
Council could choose not to amend this contract, in which case, the progress of planned capital improvement projects funded by these assessments and fees would be delayed and existing services would be affected.

CONTACT PERSON
LaTanya Bellow, Interim Director, Public Works, (510) 981-7000 Ron Nevels, Manager of Engineering, Public Works, (510) 981-6439 Attachment:
1: Resolution

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

CONTRACT NO. 32300110 AMENDMENT: SCI CONSULTING GROUP FOR ON-

CALL CIVIL ENGINEERING SERVICES
WHEREAS, on September 20, 2022 by Resolution No. 70,541-N.S., the City Council authorized Contract No. 32300110 with SCI Consulting Group for on-call civil engineering services, in an amount not to exceed $150,000 for a three-year period expiring December 31, 2025; and
WHEREAS, the City does not have sufficient in-house resources to perform the volume of necessary civil engineering services within the next two years; and WHEREAS, the City needs to retain on-call civil engineering services for various Public Works projects including multiple projects generated by the passage of the Measure T1 Infrastructure & Facilities GO Bond and for staff augmentation services; and WHEREAS, funds are available from the Clean Stormwater Fund 616 in the FY 2024 budget, and will be allocated from each fiscal year’s capital budget based on each project or program.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute an amendment to the Contract No. 32300110 with SCI Consulting Group for on-call civil engineering services increasing the amount by $150,000 for a total not to exceed $300,000. A record signature copy of said contract and any amendments to be on file in the Office of the City Clerk.

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

CONSENT CALENDAR
December 12, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: LaTanya Bellow, Deputy City Manager; Interim Director, Public Works Subject: Contract No. 32400004 Amendment: Roofing Constructors, Inc. dba Western Roofing Service for on-call roofing and gutter repair services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32400004 with Roofing Constructors, Inc. to increase the spending authority by $200,000 for a total not to exceed $250,000.

FISCAL IMPACTS OF RECOMMENDATION
Funding for the contract amendment to increase the spending authority by $200,000, for a total not to exceed $250,000, will be recommended for appropriation through the First Amendment to the FY 2024 Annual Appropriation Ordinance from the Building Maintenance Fund.

CURRENT SITUATION AND ITS EFFECTS
Public Works Facilities Maintenance Division requires the assistance of a roofing and gutter company to provide routine maintenance and urgent repairs. This work is separate from capital roof replacement projects. Additional contract authority is being requested to support the urgent roofing repairs that are needed including but not limited to:
 Gutter and skylight replacement and leak repairs at the Transfer Station  Leak repairs to Building C – staff offices at the Corporation Yard  Leak repairs to Building D – electrical warehouse at the Corporation Yard  Fire Training Tower and station roof repairs
This contract amendment supports the Strategic Plan Priority Project, advancing our goal of providing state-of-the-art, well-maintained infrastructure, amenities, and facilities.

BACKGROUND
In 2023, the City issued a Request for Proposals for On-Call Gutter and Roofing for the Department of Public Works (Specification No. 22-11523). Roofing Constructors, Inc. dba Western Roofing Service was selected through that competitive bid process and was

Contract No. 32400004 Amendment: Roofing Constructors, Inc. CONSENT CALENDAR dba Western Roofing Service for on-call roofing and gutter repair services December 12, 2023

authorized by the City Manager to enter into Contract No. 32400004 for a not to exceed amount of $50,000 for the period of May 1, 2023 to June 30, 2026.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identified sustainability or climate impacts of this amendment.

RATIONALE FOR RECOMMENDATION
Well-maintained roof and gutter systems help protect City infrastructure.

ALTERNATIVE ACTIONS CONSIDERED
None. This amendment is critical to support urgent roof repairs.

CONTACT PERSON
Joy Brown, Operations Manager, Public Works, 510-981-6629 Aaron Baker, Facilities Superintendent, Public Works, 510-981-6452 Attachment:
1: Resolution

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

CONTRACT NO. 32400004 AMENDMENT: ROOFING CONSTRUCTORS, INC. DBA

WESTERN ROOFING SERVICE FOR ON-CALL ROOFING AND GUTTER REPAIR

SERVICES
WHEREAS, the City of Berkeley owns buildings whose roofs and gutters need maintenance and repair; and
WHEREAS, Public Works Facilities and Building Maintenance staff rely on supplemental contractor provided roofing services to prevent damage to City infrastructure; and WHEREAS, the City and Roofing Constructors, Inc. entered into Contract No. 32400004 for on call roofing and gutter repair services effective May 1, 2023; and WHEREAS, urgent roof repairs are needed to several City facilities; and WHEREAS, funding will be appropriated as part of the Second Annual Appropriations Ordinance.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that that the City Manager is authorized to execute an amendment to Contract No. 32400004 with Roofing Constructors, Inc. dba Western Roofing Service for on-call roofing and gutter repair services, increasing the contract amount by $200,000 for a total contract not to exceed amount of $250,000.

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

CONSENT CALENDAR
December 12, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: LaTanya Bellow, Deputy City Manager; Interim Director, Public Works Subject: Contract No. 103266-1 Amendment - Karste Consulting, Inc. for Emergency Preparedness Services and Training

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 103266-1 with Karste Consulting, Inc. to increase the amount by $100,000 for a total amount not to exceed $450,000 and to extend the term through June 30, 2025.

FISCAL IMPACTS OF RECOMMENDATION
Funding for the amendment will be recommended for appropriation through the Second Amendment to the FY 2024 Annual Appropriation Ordinance (AAO2), and the annual cost of approximately $45,000 will be allocated from the following Public Works funds:

Street Light Fund, Equipment Maintenance, Building Maintenance, Zero Waste, Sanitary Sewer, and Clean Storm Water.

The FY2025 appropriations are subject to Council adoption of the budget. Actual expenditures may change based on specific training needs.

CURRENT SITUATION AND ITS EFFECTS
Public Works staff, like all City employees, are Disaster Service Workers and first responders to citywide disasters and emergencies, and its Department Operations Center (DOC) may be activated and mobilized in emergency events. Public Works staff must maintain relevant and up to date training to respond appropriately to emergency and disaster situations. Karste Consulting, Inc. (Karste) is well-qualified to provide the expertise needed to assist the Department with updating its emergency response plan; providing guidance on materials and equipment selection for the DOC; coordinating table top and activation exercises; and providing recommendations for improving the DOC and staff preparedness.

Karste helped Public Works create a virtual DOC and is now working to further develop actions plans for specific types of emergencies. The Operations Division is currently working through the recommendations provided by Karste from the FY2023 DOC training. In addition, Karste will be providing Public Works staff a Disaster Service Worker Training.

Contract No. 103266-1 Amendment - Karste Consulting, Inc. CONSENT CALENDAR for Emergency Preparedness Services and Training December 12, 2023

Amending the Karste contract is a Strategic Plan Priority Project, advancing our goal to create a resilient, safe, connected, and prepared city.

BACKGROUND
In September 2014 the City issued an RFP for Emergency Services Review and Training for the Department of Public Works (Specification No. 15-10888). Karste was selected through that competitive bid process and was authorized by the City Manager to enter into Contract Number 9786 for a not-to-exceed amount of $25,000 for the period October 1, 2014 to September 30, 2016.

On September 4, 2015, the City Manager approved an amendment for a revised not to exceed amount of $50,000 for the period of October 1, 2014 to June 30, 2017.

On June 28, 2016, City Council approved a contract amendment to increase the contract not to exceed amount by $100,000 and extend the contract term through June 30, 2019.

On September 25, 2018, City Council approved a contract amendment to increase the contract amount by $100,000 for a total not to exceed amount of $250,000 and extend the contract term through June 30, 2021.

On November 17, 2020, City Council approved a contract amendment to increase the contract amount by $100,000 for a total not to exceed amount of $350,000 and extend the contract through December 31, 2022.

On November 14, 2022, the City Manager extended the contract through June 30, 2023.

On June 26, 2023, the City Manager extended the contract through June 30, 2024.

The Department of Public Works is responsible for responding to many citywide emergencies and disasters. Karste offers support on needed updates to the DOC Emergency Operations Plan and provides opportunities to test the effectiveness of the Plan through ongoing staff training and exercises.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Karste has prepared a Debris Management Plan which, in the event of an emergency or disaster, will manage generated debris in the most sustainable way possible. There are no identifiable climate impacts.

RATIONALE FOR RECOMMENDATION
The recommended amendment allows the City continued access to a proven consultant providing sound disaster and emergency preparedness training, exercises and guidance to Public Works staff. Karste has consistently provided high quality, cost effective professional services to the City. Currently, Public Works does not have staff in house who possess needed expertise in this area.

Contract No. 103266-1 Amendment - Karste Consulting, Inc. CONSENT CALENDAR for Emergency Preparedness Services and Training December 12, 2023

ALTERNATIVE ACTIONS CONSIDERED
None. The Department currently needs external expertise to support its ongoing emergency preparedness training.

CONTACT PERSON
Joy Brown, Operations Manager, Department of Public Works, (510) 981-6629 John Hurtado, Streets & Utilities Superintendent, Department of Public Works, (510) 981-6484
Attachment:
1: Resolution

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

CONTRACT NO. 103266-1 AMENDMENT: KARSTE CONSULTING, INC. FOR

EMERGENCY PREPAREDNESS SERVICES AND TRAINING
WHEREAS, Karste Consulting, Inc. was selected through the City’s competitive bid process, and in September 2014 the City Manager executed a contract to provide emergency preparedness services and training in an amount not-to-exceed $25,000; and WHEREAS, on September 4, 2015, the contract was amended and approved by the City Manager for a revised not to exceed amount of $50,000 for the period of October 1, 2014 to June 30, 2017; and
WHEREAS, on June 28, 2016, Council approved a contract amendment for a revised not to exceed amount of $100,000 for additional training and preparedness through June 30, 2019; and
WHEREAS, on September 25, 2018, Council approved a contract amendment for a revised not to exceed amount of $250,000 and extended the contract term through June 30, 2021; and
WHEREAS, on November 17, 2020, Council approved a contract amendment to increase the contract amount by $100,000 for a total not to exceed amount of $350,000 and to extend the contract through December 31, 2022; and
WHEREAS, on November 14, 2022, the City Manager extended the contract through June 30, 2023; and
WHEREAS, on June 26, 2023, the City Manager extended the contract through June 30, 2024; and
WHEREAS, Public Works needs consulting services to provide ongoing training and assistance to the Department Operations Center to prepare for emergencies and disasters; and
WHEREAS, funding for the amendment will be recommended for appropriation through the Second Amendment to the Annual Appropriation Ordinance, and approximately $45,000 of annual costs will be allocated in FY 2025 from Street Light Fund, Equipment Maintenance, Building Maintenance, Zero Waste, Sanitary Sewer, and Clean Storm Water.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley the City Manager is authorized to execute the amendment of Contract No. 103266-1 with Karste Consulting, Inc. increasing the amount by $100,000 for a total contract amount not to

December 12, 2023

exceed $450,000, and extending the term through June 30, 2025. A record signature copy of said agreement and any amendments to be on file in the Office of the City Clerk.

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

CONSENT CALENDAR
December 12, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: LaTanya Bellow, Deputy City Manager, Interim Director, Public Works Subject: Contract: American Restore, Inc. for City of Berkeley Transfer Station Tipping Floor Repair Emergency Project at 1201 Second Street

RECOMMENDATION
Adopt a Resolution:

1. Acknowledging the necessity for immediate repairs to the Transfer Station Tipping Floor at 1201 Second Street due to hazardous conditions and authorizing an exception to the formal bidding process;

2. Accepting the proposal from American Restore, Inc. as the sole proposal received from an informal solicitation of multiple contractors for its specialized services in response to the urgent need for repair;

3. Authorizing the City Manager to execute the proposed contract with American Restore, Inc. and any amendments, extensions, or other change orders as necessary to facilitate the timely completion of the project, for an amount not to exceed $443,207.00.

FISCAL IMPACTS OF RECOMMENDATION
The funding for the emergency repair of the Transfer Station Tipping Floor at 1201 Second Street is available and will be allocated from the Zero Waste funds as follows:

Funding Source: Zero Waste Fund- $443,207.00
 American Restore, Inc. Proposal: $402,915.00
 Contingency Allocation: $40,292.00
 Total Construction Cost: $443,207.00
The total amount includes the construction proposal amount and a contingency to address any unforeseen circumstances that may arise during the repair process. This allocation ensures the project's completion without the need for additional funding

Contract: American Restore, Inc. for City of Berkeley CONSENT CALENDAR Transfer Station Tipping Floor Repair Emergency Project December 12, 2023 at 1201 Second Street

sources, and no other projects will be impacted or delayed as a result of this expenditure.

CURRENT SITUATION AND ITS EFFECTS
The Transfer Station Tipping Floor at 1201 Second Street has undergone critical structural disrepair in three sections. The concrete has eroded due to excessive wear from heavy equipment and caustic waste materials, exposing metal beams and rebar.

This poses a significant safety hazard for City Staff, a significant safety hazard to the transfer station’s equipment, and risks further damage that could substantially escalate repair costs for the City. An immediate commencement of repair work is paramount to prevent the exacerbation of these hazards and control potential financial implications.

After a competitive informal solicitation process, in which five contractors were contacted, only one bid was received. The response from contractors was limited due to the specialized nature of the repairs and the operational challenges posed by the transfer station, culminating in a single bid from American Restore, Inc. American Restore, Inc., the sole bidder, is highly experienced in this specific repair, having worked on transfer stations across the nation and previously on the City’s facility. Their unique expertise and prior successful repair work on the tipping floor assure timely and effective restoration.

The Berkeley Transfer Station Tipping Floor Repair Emergency Project is a Strategic Plan Priority Project, advancing our goal to provide state-of-the-art, well-maintained infrastructure, amenities, and facilities.

BACKGROUND
The Berkeley Transfer Station serves as a pivotal component in the city's waste management system, providing a central location for the sorting and transfer of the community's refuse. It plays a crucial role in the City's environmental sustainability efforts and waste reduction strategies. This facility not only supports the City's zero- waste goals but also ensures the health and safety of the community by efficiently managing waste materials.

As an operational nexus for the City's waste, the station's integrity is vital for maintaining the flow and processing of materials. Its role extends beyond mere waste handling; it contributes to the City’s resilience, facilitating the redirection of waste from landfills through recycling and recovery operations. The current structural disrepair of the tipping floor threatens the Transfer Station’s core functionality.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The repair work will be conducted following the City's environmental and sustainability guidelines, ensuring minimal environmental impact during the repair process.

Contract: American Restore, Inc. for City of Berkeley CONSENT CALENDAR Transfer Station Tipping Floor Repair Emergency Project December 12, 2023 at 1201 Second Street

RATIONALE FOR RECOMMENDATION
Contracted services are required for this project as the City does not have the in-house expertise to complete this specialized work. Given the urgency and specialized nature of the repair work, it is imperative to proceed with the contractor who has both the experience and capability to address the issue promptly and efficiently. Delaying repairs could lead to worsened conditions, increased hazards, and inflated costs.

ALTERNATIVE ACTIONS CONSIDERED
None, due to the urgent need for repair and the specialized nature of the work required.

CONTACT PERSON
Leticia Jauregui, Acting Solid Waste & Recycling Manager, Public Works, (510) 981- 6362
Nick Cartagena, Associate Civil Engineer, Public Works, (510) 981-6338 Attachments:
1: Resolution
2: Abstract of Solicitation of Contractors

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

CONTRACT WITH AMERICAN RESTORE, INC. FOR EMERGENCY REPAIRS AT 1201 SECOND STREET
WHEREAS, the City Transfer Station Tipping Floor at 1201 Second Street requires immediate repair due to critical structural disrepair; and WHEREAS, the City has neither the expertise nor the equipment necessary to undertake this emergency repair project; and
WHEREAS, the condition of the tipping floor presents a significant hazard to Staff and equipment, and delays in repair could escalate costs significantly; and WHEREAS, the City conducted an informal solicitation process, reaching out to five contractors for proposals on the urgent repair of the Transfer Station Tipping Floor at 1201 Second Street, and only American Restore, Inc. possessed the requisite expertise and capacity to submit a proposal for the specialized repairs needed; and WHEREAS, funds are available in the FY 2024 budget in the Zero Waste Fund.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council acknowledges the urgent necessity for immediate repairs to the Transfer Station Tipping Floor at 1201 Second Street due to hazardous conditions and hereby authorizes an exception to the formal bidding process in light of the emergency situation.

BE IT FURTHER RESOLVED that the Council accepts the proposal from American Restore, Inc. as the sole and specialized service provider, which was received through an informal solicitation process of multiple contractors, demonstrating the company's unique qualifications and readiness to address the urgent repair needs.

BE IT FURTHER RESOLVED that the City Manager is authorized to execute a contract with American Restore, Inc. for the repair of the Transfer Station Tipping Floor at 1201 Second Street, including any necessary amendments, extensions, or other change orders required to ensure the timely and effective completion of the project, for a total contract amount not to exceed $443,207.00.

City of Berkeley Transfer Station
Tipping Floor Repair Emergency Project
at 1201 Second Street
Contractor Solicitation List
COB Staff
Nick Cartagena
Rogelio Marquina
Leticia Jauregui
Company Name Contact Person Site Visit Result
1 Structural Group, Inc (previously known as Structural Technologies) - internal group "Pullman SST, Inc." Amelia Taylor 8/9/23 Chose not to bid 2 Structural Group, Inc (previously known as Structural Technologies) - internal group "Structural Preservation Systems" Erik Lawrence n/a Chose not to bid 3 American Restore Jim Andrews 9/25/23 Received Bid
4 Valentine Corporation Erick Carreno 9/29/23
Chose not to bid - would only be a pass
through and recommended we contract with
their sub direction (American Restore)
5 OC Jones & Sons, Inc. Jason Martin 9/25/23 Chose not to bid

TRANSFER STATION TIPPING FLOOR EMERGENCY REPAIRS
Abstract of Solicitation of Contractors

Parks, Recreation and Waterfront Commission
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-6700 ● TDD: (510) 981-6903 ● Fax: (510) 981-6710 E-Mail: [email protected] Website: https://berkeleyca.gov/your-government

CONSENT CALENDAR
December 12, 2023
To: Honorable Mayor and Members of the City Council
From: Parks, Recreation and Waterfront Commission
Submitted by: Claudia Kawczynska, Chairperson
Subject: Council Referral – Request for City Community Survey for placing a Modest Increase in the Parks Tax on the November 2024 Ballot

RECOMMENDATION
The Parks, Recreation and Waterfront Commission recommends that the City Council include in upcoming community survey for possible 2024 ballot measures, a measure to increase the Parks Tax by 4ct/ft2 or ~20%, and appropriate funding for the survey.

CITY MANAGER
City Manager concurs with the recommendation contained in this report.

The City Manager also requests that Council consider re-allocating the $100,000 identified in the FY2024 Budget for the “Vision 2050 Complete Streets Parcel Tax Community Engagement and Program Plan” to a “community survey” for this and any other potential ballot measures.

FINANCIAL IMPLICATIONS
The City’s Parks system is facing three major challenges:

I. Unfunded Major Maintenance and Capital Liabilities
With all Measure T1 bond funds spent or allocated, the $1M of the Parks Tax reserved for annual major maintenance/capital funding is insufficient to address the $60 million in unfunded park capital needs. While there are federal and state grant opportunities, providing leverage of city taxpayer dollars from 1/1 to 5/1, the PRW Department does not have the matching funds required for many grants.

II. Declining Urban Forest
Due to increased storm damage, old age, and lack of funding there are 10,000 empty tree spaces in City parks and the public right-of-way. In Berkeley, tree planting relies mainly on grant funding and volunteerism, resulting in little progress in filling empty tree spaces. While the existing urban forest coverage is adequate in the hill area, where it ranges from 20% - 50%,

Council Referral from PRW Commission – Request for City Polling for CONSENT CALENDAR placing a Modest Increase in the Parks Tax on the November 2024 Ballot December 12, 2023

it is inadequate in the flatlands, where it is 10% or less. A healthy urban forest can help address the impacts of Climate Change, by cooling urban spaces and mitigating the Heat Island Effect. The existing urban forest consists primarily of non-native trees, which do not support insect populations and the bird species that feed on them. By prioritizing native species and also using funds to increase the number of native-plant habitat gardens, the urban forest and park spaces can also help address Biodiversity Declines.

III. Unequal Funding Across Parks
The City has 53 parks with a total of 250 acres. The 150 acres east of I-80 are maintained by the Parks Tax. West of I-80, the 100 acres of waterfront parks (Cesar Chavez, Shorebird and Horseshoe) are maintained by the much smaller Marina Fund, which has no reserves and has a structural deficit, causing the infrastructure in these parks to deteriorate.

At the City Council’s March 20, 2023 Worksession, Staff suggested that while the current Parks Tax revenue cannot adequately fund maintenance costs, a voter-approved tax measure to increase the Parks Tax could unburden the Marina Fund and help close its structural deficit.

Consolidating ALL City Parks funding into the Parks Tax would ensure adequate funding for the three Waterfront Parks that comprise 40% of the City’s total park acreage.

IV. Solution
Addressing these problems will require additional funding, which could be provided by a modest increase in the Parks Tax that is comparable to the 17% increase approved by the voters in 2014. The estimated $3.5M in annual revenue for this proposed new increase in November 2024 would be used to:

1. Double major maintenance/capital project funding

2. Increase grant matching funds to leverage city taxpayer dollars

3. Create a dedicated Urban Forest Unit to build a healthy urban forest of native trees.

4. Adequately fund the major/minor maintenance of the three waterfront parks.

CURRENT SITUATION AND ITS EFFECTS
At a regular meeting on November 8, 2023, the Parks, Recreation and Waterfront Commission approved a motion to communicate a recommendation to Council to include an increase in the Parks Tax by 4cts/SF or ~20% in a community survey for possible November 2024 ballot measures. The estimated $3.5M annually, would be split equally between: major maintenance/capital projects, Urban Forest restoration, and consolidation of three Waterfront Parks into City Park system.

M/S/C (Avellar/Kawczynska/U). Ayes: Abshez; Avellar; Cox; Diehm; Kawczynska; Lee; Ranuzzi; Wozniak; Noes: None; Absent: Hurtado; Leave of Absence: None.

Council Referral from PRW Commission – Request for City Polling for CONSENT CALENDAR placing a Modest Increase in the Parks Tax on the November 2024 Ballot December 12, 2023

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
A modest increase in the Parks Tax can help the City maintain a healthy urban forest and City parks to better address the impacts of Climate Change, by cooling urban spaces and mitigating the Heat Island Effect.

RATIONALE FOR RECOMMENDATION
See body of the report.

ALTERNATIVE ACTIONS CONSIDERED
None

CONTACT PERSON
Roger Miller, Secretary, Parks, Recreation, and Waterfront Commission, 510-981-6704 Claudia Kawczynska, Chairperson, Parks, Recreation and Waterfront Commission

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981‐6750 ● TDD: (510) 981‐6903 ● Fax: (510) 981‐6760 E‐mail: [email protected] Website: https://berkeleyca.gov/your‐government/city‐audits

CONSENT CALENDAR
December 12, 2023
To: Honorable Mayor and Members of the City Council
From: Jenny Wong, City Auditor
Subject: Spending Aligned with Ballo t Measure FF and the City Is Improving Internal Processes

RECOMMENDATION
We recommend City Council request that the City Manager report back by June 2024 and every six months thereafter, regarding the status of our audit recommendations until reported fully implemented by the Fire Department and Human Resources. They have agreed to our findings and recommendations. Please see our report for their complete response.

FISCAL IMPACTS OF RECOMMENDATION
The audit recommendations are intended to build upon the work the City is already doing to ensure that Measure FF funds are spent according to the ballot measure and city code. We anticipate minimal financial impacts of staff time to finalize AR 2.2 and report on Measure FF programs and spending.

CURRENT SITUATION AND ITS EFFECTS
In fiscal years 2022 and 2023, Measure FF funds were used according to the ballot measure and the BMC Ch. 7.83 for broad public safety purposes including firefighter and emergency medical response and wildfire prevention. The majority of funds went toward Emergency Medical Services and Wildland Urban Interface program areas, and the top spending categories were wages and benefits, professional services, capital, and transfers to the Paramedic Tax Fund.

Our audit reports that Measure FF transactions followed city purchasing procedures, but there were some limitations in internal processes and reporting. The Fire Department did not consistently provide detailed spending information to the Disaster and Fire Safety Commission due to short-staffing and reporting limitations. The Fire Department’s initial hiring of retirees led to inefficient use of funds, but the Department and Human Resources have since adjusted positions and pay rates for retirees. Additionally, Human Resources is developing stronger guidelines for hiring retirees in its revision of AR 2.2. Finally, the Wildland Urban Interface Division did not have a consistent process for reporting on the performance of its inspection program.

BACKGROUND
Measure FF is a special tax dedicated to funding firefighter and emergency medical response, upgrades to the 9-1-1 dispatch system, hazard mitigation, and wildfire prevention and preparedness activities. In November of 2020, 74.2 percent of Berkeley voters passed Measure FF which authorized a special parcel tax of 10.47 cents per square foot of improvements for each

Spending Aligned with Ballot Measure FF and the City is Improving Internal Processes   CONSENT CALENDAR Pg. 2 of 2

parcel of real property in the City of Berkeley. The tax was increased to 11.26 cents in fiscal year 2023.

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

RATIONALE FOR RECOMMENDATION
Implementing our recommendations will improve the City’s internal processes for use of Measure FF funds.

CONTACT PERSON
Jenny Wong, City Auditor, City Auditor’s Office, 510-981-6750 Attachments:
1: Audit Report: Spending Aligned with Ballot Measure FF and the City is Improving Internal Processes

Promoting transparency and accountability in Berkeley government Audit Report
May 27, 2021
Spending Aligned with
Ballot Measure FF and
the City Is Improving
Internal Processes

November 22, 2023
Jenny Wong, City Auditor
Caitlin Palmer, Audit Manager
Pauline Miller, Auditor II

Promoting transparency and accountability in Berkeley government Report Highlights
For the full report, visit:
https://berkeleyca.gov/your-government/city-audits
Findings

1. Measure FF spending aligned with the ballot measure and city code. The majority of funds went toward Emergency Medical Services (EMS) and Wildland Urban Interface (WUI) program areas and the top spending categories were wages and benefits, professional services, capital, and transfers to the Paramedic Tax Fund.

Measure FF Spending by Category, Fiscal Years 2022 and 2023

Source: Berkeley’s financial management system

2. Measure FF transactions followed city purchasing procedures but there were some limitations in internal processes and reporting. The Fire Department did not consistently provide detailed spending information to the oversight commission due to short-staffing and reporting limitations. Human Resources is improving internal processes for hiring retirees to avoid future inefficient spending. The WUI Division did not have a consistent process for reporting on the performance of its defensible space inspection program.

Recommendations
To strengthen reporting for Measure FF spending, we recommend the Fire Department work with the City Manager to develop a standard expenditure and budget reporting schedule to the Disaster and Fire Safety Commission. This should include assessing the feasibility of automated reporting on Measure FF spending. To improve internal processes for hiring retirees, we recommend Human Resources complete the revision of the City’s policy for retiree employment. Finally, to better track use of Measure FF funds, we recommend the Fire Department resume regular reporting on defensible space inspections and develop performance measures. The Fire Department, City Manager, and Human Resources agreed with the recommendations.

November 22, 2023
Objectives

1. Did Measure FF spending align
with the ballot measure and city
code?

2. Are there adequate internal
processes in place to ensure that
Measure FF funds are used as
intended?

Why This Audit Is Important
Ensuring the City spends Measure FF
funds in accordance with the ballot
measure and city code is important
because the tax is intended to address
critical public safety concerns in
Berkeley, including increased fire risk
associated with climate change, a
growing demand for emergency
medical services, and an
organizational mission that has
expanded and requires more
education, training, and equipment.

Additionally, when Measure FF
passed in November 2020, the Fire
Department was under pressure from
responding to the COVID-19
pandemic while experiencing
significant recruitment and retention
challenges and changes in leadership.

These factors placed strain on the Fire
Department’s roll out of Measure FF
programs and increased risk for
misuse of funds.

Spending Aligned with Ballot Measure FF and the
City Is Improving Internal Processes

Spending Aligned with Ballot Measure FF and the City Is Improving Internal Processes 3 Table of Contents

processes and reporting.

Introduction
Our office aims to conduct periodic assessments of ballot measure funds to ensure that the spending of public funds is aligned with the intended use. The fire chief encouraged our work on this audit. Ensuring that the City spends Measure FF funds in accordance with the ballot measure and city code is a priority because the tax is intended to address critical public safety concerns in Berkeley. These include increased fire risk associated with climate change, a growing demand for emergency medical services, and an organizational mission that has expanded and requires more education, training, and equipment. Additionally, after Measure FF passed in November 2020, the Fire Department was under pressure from responding to the COVID-19 pandemic while experiencing significant recruitment and retention challenges and changes in leadership. These factors placed strain on the Fire Department’s roll out of Measure FF programs and increased risk for misuse of funds.

Our objectives were to determine:
• Did Measure FF spending align with the ballot measure and city code? • Are there adequate internal processes in place to ensure that Measure FF funds are used as intended? To address these objectives, we examined Measure FF spending in fiscal years 2022 and 2023. We reviewed a broad sample of transactions and staffing costs to determine whether they aligned with the provisions of the tax measure. We specifically assessed internal controls to prevent fraud, waste, and abuse, including those related to purchasing policies and the City’s salary schedule. While we evaluated Measure FF spending areas, our scope did not include an in-depth evaluation of all programs funded through Measure FF.

Background
Measure FF is a special tax dedicated to funding firefighter and emergency medical response, upgrades to the 9-1-1 dispatch system, hazard mitigation, and wildfire prevention and preparedness activities. In November

Spending Aligned with Ballot Measure FF and the City Is Improving Internal Processes 4 2020, 74.2 percent of Berkeley voters passed Measure FF which authorized a special parcel tax of 10.47 cents per square foot of improvements for each parcel of real property in the City of Berkeley. The Measure FF tax increased to 11.26 cents in fiscal year 2023.

The City collected $12.7 million in Measure FF revenues in fiscal year 2022 and $9.3 million in revenues in fiscal year 2023.1 Measure FF expenditures were $4.0 million in fiscal year 2022 and $8.7 million in fiscal year 2023 (see Figure 1).

Figure 1. Measure FF Revenues and Expenditures by Fiscal Year, in Millions

Source: Budget Office and Fire Department

1 Revenues were higher in fiscal year 2022 because the City also billed for the second half of fiscal year 2021, from January 1, 2021 to June 30, 2021.
$12.7
$9.3
$4.0
$8.7
FY 2022 FY 2023
Revenues Expenditures

Spending Aligned with Ballot Measure FF and the City Is Improving Internal Processes 5 Measure FF spending aligned with the ballot measure and city code.

Based on our assessment of spending categories and a sample of individual transactions, the Fire Department spent Measure FF funds in accordance with the Measure FF ballot measure and city code during the audit period of fiscal years 2022 and 2023.

Measure FF broadly funds firefighter and emergency medical response and wildfire prevention. Measure FF was codified in Berkeley's municipal code (BMC) Chapter 7.83. The proceeds of the tax are placed in a special fund. We found that Measure FF funds were used according to the ballot measure language and the BMC Chapter 7.83 for the following public safety purposes:

1. Local firefighter and emergency medical response including hiring and training personnel and upgrading safety equipment and facilities;

2. Upgrading and modernizing the 9-1-1 dispatch system to implement and maintain a system to provide emergency medical dispatching; and

3. Wildfire prevention and preparedness activities including, but not limited to, vegetation management, hazard mitigation, public education, evacuation planning, and an emergency alert system.

The top spending categories were wages and benefits, professional services, capital, and transfers to the Paramedic Tax Fund (see Figure 2).

Figure 2. Measure FF Spending by Category, Fiscal Years 2022 and 2023

Source: Berkeley’s financial management system
Note: Other includes supplies, non-capital, and internal services.

43.9%

24.2%

12.2%

11.9%

7.8%
Professional
Services
Capital
Transfers to
Paramedic Tax FundOther
Wages
and
Benefits

Spending Aligned with Ballot Measure FF and the City Is Improving Internal Processes 6 See a description of the spending categories below.
• Wages and benefits. Proceeds from the Measure FF tax funded 133 employees in fiscal years 2022 and 2023. This included 40 employees who were fully funded through Measure FF and 93 employees who were partially funded through Measure FF.2 Fully funded positions included retired annuitants (retirees), paramedics, assistant fire chiefs, fire prevention inspectors, and administrative staff. • Professional services. Purchases in this category included staffing and project management support and contracted subject matter experts in wildland fire management, emergency medical dispatch, Fire Department deployment and staffing, and architectural design services. • Capital. Purchases in this category included trucks, ambulances, training equipment, and curb painting and road signage for the Safe Passages program. • Transfers to the Paramedic Tax Fund. Transfers were made on a quarterly basis to cover an ongoing structural deficit in the Paramedic Tax Fund for emergency medical services.3 • Other. Purchases in this category included spending on supplies, non-capital (e.g., items such as computers, monitors, cameras), and internal services.

Looking at the distribution of Measure FF funds across program areas, the majority of funds were allocated to Emergency Medical Services (34.4 percent) and Wildland Urban Interface (32.8 percent). See Figure 3 for a breakdown by program area.

2 The Fire Department paid staff in designated Measure FF programs and activities, and also used Measure FF funds to cover overtime or compensatory time earned by employees whose pay and benefits were primarily covered by other funding sources during the audit period.
3 The Fire Department transferred $757,925 to the Paramedic Tax Fund in fiscal years 2022 and 2023 to help balance the fund.

Spending Aligned with Ballot Measure FF and the City Is Improving Internal Processes 7 Figure 3. Measure FF Spending by Program Area, Fiscal Years 2022 and 2023

Source: Berkeley’s financial management system
Note: Non-departmental represents the transfer to the Paramedic Tax Fund. Parks - Landscaping Services refers to assistance with the removal of hazardous fire fuel.

Measure FF funds have allowed the Fire Department to accomplish a number of outcomes, including those highlighted below.

Local Fire and Emergency Medical Response:
• The Fire Department worked with a consultant to complete a standards of coverage analysis which included an assessment of resources within the department to determine if the City’s deployment model is meeting national standards for call processing and response times. • The Fire Department restructured its staffing by developing two new job classifications to staff ambulances: emergency medical technician (EMT) and paramedic. These new classifications allow the Fire Department to add additional ambulances and staff at a lower cost and recruit from a broader applicant pool. The paramedic classification is operational within the Fire Department and the full

34.4%

32.8%

12.1%

11.9%

4.2%

1.3%

1.2%

1.1%

1.0%
Emergency Medical Services
Wildland Urban Interface
Fire Operations Administration
Non-departmental
Fire Suppression
Fiscal Services
Training
Support Services
Administration,
Parks - Landscaping Services,
and Fire Prevention

Spending Aligned with Ballot Measure FF and the City Is Improving Internal Processes 8 transition is expected to be completed by July 1, 2025. The Fire Department has not yet recruited for the entry level EMT classification due to a lack of facility space. • The Fire Department worked with a consultant to complete a fire facilities master plan which includes a roadmap for future facilities improvements.
• The Fire Department created a new standalone Training Division to meet training and education requirements. The Fire Department also created a separate Emergency Medical Services Division to more efficiently run emergency medical calls for service.

Upgrading and Modernizing the 9-1-1 Dispatch System:
• The Fire Department worked with a consultant to complete a dispatch needs assessment. The Fire Department is currently reviewing the recommendations of the study, which found that substantial investments are needed to provide modern fire and EMS dispatch services. According to the Fire Department, these needs exceed current Measure FF funding availability.

Wildfire Prevention and Preparedness Activities:
• The Fire Department created a new Wildland Urban Interface (WUI) Division to focus on the significant wildfire risk that faces the community.
• The Fire Department worked with a consultant and multiple stakeholders to develop the City’s community wildfire protection plan, which sets goals for improving Berkeley’s wildfire response. • The Fire Department expanded the defensible space inspection program to all of fire zones 2 and 3 in Berkeley’s WUI.4 Properties in fire zones 2 and 3 encompass a geographical area identified in the City’s fire code as a very high fire hazard severity zone. The program implemented a new inspection software during the audit period.
• The Fire Department purchased a city-wide outdoor warning system to assist with emergency notifications and is managing the installation.
• The Parks, Recreation, and Waterfront Department transferred the chipping program to the Fire Department. In addition to conducting curbside pickup and providing chipping and disposal of vegetation material from residential properties citywide, the Fire Department modernized the program with new software.

4 Defensible space is the buffer created between buildings and the vegetation that surrounds it. Adequate space is needed to slow or stop the spread of wildfire and help protect homes from catching on fire.

Spending Aligned with Ballot Measure FF and the City Is Improving Internal Processes 9 Measure FF transactions followed city procedures but
there were some limitations in internal processes and
reporting.

We found that non-staff expenditures followed the City’s purchasing procedures, but there were some limitations in internal processes and reporting. The Disaster and Fire Safety Commission (DFSC) did not consistently receive detailed information on spending to fulfill their oversight role. However, the new fire chief has worked with the DFSC to provide more detailed expenditure reports. Some retirees funded by Measure FF were hired into classifications that were inconsistent with their assigned duties, which resulted in an inefficient use of funds. To resolve this issue, the new fire chief collaborated with Human Resources (HR) to modify the retirees’ positions and pay. HR is currently developing a process to ensure adequate documentation for hiring retirees. Finally, the Fire Department has not consistently reported on the defensible space inspection program and has not defined performance measures.

The Fire Department followed the City’s purchasing procedures.

Our assessment of a sample of transactions for non-staff Measure FF expenditures found that the Fire Department adequately documented purchases and followed the City’s purchasing procedures.

The Fire Department did not consistently provide detailed spending information to the oversight commission due to short-staffing and reporting limitations.

On September 20, 2020, the City Council authorized the Disaster and Fire Safety Commission (DFSC) as the oversight commission for expenditure of Measure FF proceeds. The resolution states that the DFSC may (1) request detailed expenditure plans for tax proceeds annually; (2) make recommendations to the City Manager and the City Council on the expenditure of tax proceeds; and (3) obtain a report on actual expenditures.

In the City’s budgets for fiscal years 2022, 2023, and 2024, the Fire Department identified projects and programs that align with the City’s strategic plan priorities to be funded through Measure FF. However, in a June 2022 report to City Council, the DFSC cited a need for more detailed and timely expenditure reports and budget information. According to the report, this lack of information impacted the commission’s ability to fulfill their oversight role.

According to the Fire Department, the department was unable to pull expenditure reports on Measure FF from ERMA, the City’s financial management system, at the level of detail commissioners requested. In a report to City Council, the former fire chief cited limited staff time and multiple conflicting priorities as challenges to

Spending Aligned with Ballot Measure FF and the City Is Improving Internal Processes 10 providing detailed expenditure reports requested by the DFSC. The Fire Department has since developed a workaround to manually compile line item spending information for quarterly expenditure reports to the DFSC. However, this process is time-intensive for staff.

Various boards and commissions are charged with an oversight role and make recommendations on tax measure spending in the City of Berkeley. The Fire Department stated that they have considered input from the DFSC on spending priorities and adjusted the budget based on their input, such as increased funding for vegetation management. While our audit scope did not include an assessment of DFSC input on the Measure FF budget, the City does not have clear guidelines on how often spending plans and expenditure reports should be shared with commissions for input. The City has also not established a standard baseline of detail necessary for commissions to fulfill their oversight duties. This lack of standard procedures contributed to unclear expectations between DFSC members and the Fire Department.

Recommendations:

To strengthen reporting on Measure FF spending, we recommend the Fire Department:

1.1 Work with the City Manager to develop a standard expenditure and budget reporting schedule to the Disaster and Fire Safety Commission. This schedule should be aligned with the budget process where appropriate. The Fire Department should consult with the Disaster and Fire Safety Commission to establish a baseline level of detail for spending plans and expenditure reports.

1.2 Assess the feasibility of automating detailed reporting on Measure FF spending to the Disaster and Fire Safety Commission to continue providing quarterly expenditure reports without excessive staff time.

Internal processes for hiring retirees had limitations, but the City is developing stronger ones.

Discrepancies in pay for retirees hired back to staff the new WUI Division led to inefficient use of funds. In fiscal year 2022, the Fire Department hired 13 retirees in the roles of assistant fire chief and fire prevention inspector to staff the new WUI Division due to critical staffing shortages and recruitment challenges related to the pandemic. Retirees were paid various rates within the allowable range for the City’s retired annuitant classification. However, some of these rates were outside of the salary range for staff in comparable positions.

According to the Fire Department, the Department and HR set the retirees’ pay based on the positions they retired from instead of the rates for their new roles in the WUI Division. If the Fire Department and HR had

Spending Aligned with Ballot Measure FF and the City Is Improving Internal Processes 11 initially hired retirees under positions more closely aligned with the work they performed, the City could have saved nearly $56,000 in staffing costs, or approximately 1 percent of the total Measure FF staffing cost for fiscal years 2022 and 2023. Our 2023 retention audit reported that HR was facing instability and high vacancy rates at the time it set pay rates for the retirees which may have been a factor. 5 HR has since addressed the pay discrepancies by adjusting positions and pay rates for retirees paid through Measure FF. This went into effect in December 2022. HR is revising its internal policy for temporary staff, Administrative Regulation (A.R.) 2.2, to include state guidelines for employment of retirees and a form for retirees, hiring departments, Human Resources, and the City Manager to sign off on prior to hiring them. A.R.

2.2 currently provides some guidance for employment of retirees, but does not explicitly advise departments on setting comparable positions or pay to ensure compliance with state employment law. According to HR, the revised A.R. 2.2 is currently undergoing final review.

Recommendations:

To improve internal processes for hiring retirees and ensure that retiree pay aligns with assigned duties, we recommend Human Resources:

1.3 Complete revision of A.R. 2.2 to include state requirements for employment of retirees.

This should include explicit guidance to set comparable positions and pay for retirees.

1.4 Support the above recommendation by finalizing a form for hiring retirees that specifies their comparable position as part of A.R. 2.2. Human Resources should ensure the form prompts departments to clearly specify the comparable position, duties that will be performed, and hourly rate for the comparable position offered to retirees.

The Wildland Urban Interface Division did not have a consistent process for reporting on the performance of its inspection program.

The retiree pay discrepancies impacted inspection services in the WUI Division’s defensible space inspection program. The Fire Department and 11 of the 13 retirees working in the WUI Division agreed to cease work from September to December 2022 while HR adjusted their classifications and pay rates in consultation with the California Public Employees’ Retirement System (CalPERS). According to the Fire Department, defensible

5 Staff Shortages: City Services Constrained by Staff Retention Challenges and Delayed Hiring:
https://berkeleyca.gov/sites/default/files/documents/Staff%20Shortages%20-- %20City%20Services%20Constrained%20by%20Staff%20Retention%20Challenges%20and%20Delayed%20Hiring_0.pdf

Spending Aligned with Ballot Measure FF and the City Is Improving Internal Processes 12 space inspections declined during this time from 289 in August 2022 to 64 in November 2022. The Fire Department also stated that the disruption in the inspection cycle caused inefficiencies when retiree inspectors were unable to follow up on properties flagged with violations in a timely manner and had to start the inspection process over upon their return.

The Fire Department has since hired full-time inspectors and interns, and has phased out the retirees that were performing inspections as of June 2023. With these staff, the number of inspections has increased to 1,474 in August 2023.

The Fire Department initially reported the number of inspection violations and re-inspections at monthly DFSC meetings, but the Fire Department stopped reporting after August 2022. According to the Fire Department, the WUI Division aimed to complete at least 8,600 inspections annually, but the defensible space inspection program did not define performance measures, including to ensure violations were resolved.

Defining performance measures that track progress toward goals would help the public better understand the use of Measure FF funds in this program area. The WUI Division recently implemented a new inspection software with advanced analytical tools that can provide performance reports.

Recommendations:

To better track use of Measure FF funds, we recommend the Fire Department:

1.5 Resume regular reporting on defensible space inspections, for example to the Disaster and Fire Safety Commission.

1.6 Support the above recommendation by developing performance measures for the defensible space inspection program and using the new inspection software to track and report on these measures.

Spending Aligned with Ballot Measure FF and the City Is Improving Internal Processes 13 Recommendations and Management Response
We provided a draft of this report to city management and HR for review and comment. City management agreed with our findings, conclusions, and recommendations. We generally expect the City to implement audit recommendations within two years of report issuance. The department provided the implementation dates and corrective action plan below. We will be conducting our standard recommendation follow up process after the audit is issued. We have not yet confirmed to what extent the recommendations have been implemented prior to the audit release date.

1.1 To strengthen reporting on Measure FF spending, we recommend the Fire Department work with the City Manager to develop a standard expenditure and budget reporting schedule to the Disaster and Fire Safety Commission. This schedule should be aligned with the budget process where appropriate. The Fire Department should consult with the Disaster and Fire Safety Commission to establish a baseline level of detail for spending plans and expenditure reports.

Implementation Date: November 2023
Corrective Action Plan: The Department worked with the City Manager and the Disaster Fire & Safety Commission (DFSC) to develop a novel expenditure reporting schedule and format. The Department provides line-item expenditure reports for Measure FF on the following schedule:
• Quarter 1 (July, August, September) report due at November meeting
• Quarter 2 (October, November, December) report due at February meeting
• Quarter 3 (January, February, March) report due at May meeting
• Quarter 4 (April, May, June) report due at October meeting The Q4 report includes a comprehensive presentation on the work achieved for the prior fiscal year and the planned work for the next fiscal year. The first such annual report was provided to the DFSC in October of 2023 and was met with a positive response from Commissioners.

Spending Aligned with Ballot Measure FF and the City Is Improving Internal Processes 14 1.2 We recommend the Fire Department assess the feasibility of automating detailed reporting on Measure FF spending to the Disaster and Fire Safety Commission to continue providing quarterly expenditure reports without excessive staff time.

Implementation Date: June 30, 2024
Corrective Action Plan: The Department would very much like to automate the expenditure reports and will work with Tyler Technologies to determine to determine if this is technically possible.

1.3 To improve internal processes for hiring retirees and ensure that retiree pay aligns with assigned duties, we recommend Human Resources complete revision of A.R. 2.2 to include state requirements for employment of retirees. This should include explicit guidance to set comparable positions and pay for retirees.

Implementation Date: December 2023
Corrective Action Plan: Human Resources has already updated A.R. 2.2 to address this recommendation in Attachment B of the A.R., which has been posted to the City’s intranet.

1.4 We recommend Human Resources support the above recommendation by finalizing a form for hiring retirees that specifies their comparable position as part of A.R. 2.2. Human Resources should ensure the form prompts departments to clearly specify the comparable position, duties that will be performed, and hourly rate for the comparable position offered to retirees.

Implementation Date: December 2023
Corrective Action Plan: Human Resources has already updated the form that accompanies A.R. 2.2. The form includes classification title, salary, and specialized skills of the retired annuitant. Human Resources will align the proposed position and duties with the comparable classification to ensure that the hourly rate for comparable position is offered to the retired annuitant.

Spending Aligned with Ballot Measure FF and the City Is Improving Internal Processes 15 1.5 To better track use of Measure FF funds, we recommend the Fire Department resume regular reporting on defensible space inspections, for example to the Disaster and Fire Safety Commission.

Implementation Date: March 2024
Corrective Action Plan: The Department will begin to include data on the Defensible Space Inspection (DSI) program beginning with the DFSC meeting in March 2024.

1.6 We recommend the Fire Department support the above recommendation by developing performance measures for the defensible space inspection program and using the new inspection software to track and report on these measures.

Implementation Date: March 1, 2024
Corrective Action Plan: The Department will develop performance measures for the Defensible Space Inspection (DSI) program that can be publicly reported.

Spending Aligned with Ballot Measure FF and the City Is Improving Internal Processes 16 Methodology, Scope, and Statement of Compliance
We audited the Fire Department’s use of Measure FF tax funds during fiscal years 2022 and 2023. To address our audit objectives, we evaluated personnel and non-personnel expenditures from July 2021 to June 2023.

We reviewed a sample of a combination of judgmentally and randomly selected non-personnel transactions for alignment with the use provisions of the tax measure and to identify potential control weaknesses, including risks related to fraud, waste and abuse. We did this by tracing individual expenditures within our sample to invoices, checks and contracts, where applicable. We also reviewed personnel spending to determine whether staff spending aligned with the use provisions of the tax measure. We analyzed a subset of personnel transactions to assess the Fire Department’s internal controls for waste or misuse of funds. We did this by tracing staff pay rates to the City’s salary schedules.

We analyzed data from ERMA, the City’s financial management system. • We compiled and analyzed a sample of individual transactions from July 2021 to April 2023. July 31, 2021 is when the first non-personnel Measure FF transaction was made and April 12, 2023 was the cutoff date for our analysis of individual transactions. • We analyzed spending categories for FY 2022 and FY 2023, including personnel and non-personnel spending.
• We analyzed data from ERMA’s payroll module from September 2021 to June 2023. September 24, 2021 is when the first paycheck was issued using Measure FF funds. June 2, 2023 is the cutoff date for the payroll data we reviewed.

We reviewed:
• Berkeley Municipal Code
• Measure FF Ballot Measure
• Disaster and Fire Safety Commission agendas and reports • Staff reports to City Council
• Fire Department policies, procedures, and internal staffing documents • City’s Purchasing Manual
• Fire Department’s Purchasing Process
• City Council resolutions
• Human Resources’ policy for temporary employees (A.R. 2.2) and internal hiring documentation • Data on Wildland Urban Interface (WUI) vegetation inspections

Spending Aligned with Ballot Measure FF and the City Is Improving Internal Processes 17 We interviewed staff in the Fire Department, Finance Department, Human Resources Department, the Budget Office and the City Attorney’s Office. Additionally, we interviewed some members of the Disaster and Fire Safety Commission.

Data Reliability
We assessed the reliability of ERMA data by reviewing it for completeness, appropriateness, and consistency.

We determined that ERMA data is reliable for the audit’s purpose. We determined the reliability of ERMA data by interviewing data owners and performing logic testing on the data.

Independence
Payroll Audit is a Division of the City Auditor’s Office. To reduce the threat to our independence, we limited our work to exclude areas overseen by our office. While City Charter Section 61 charges our office with the oversight of the Payroll Audit Division, this division does not assess the accuracy of rates paid to retirees. We limited our review of individual staff pay to retirees. We also selected data from closed payroll periods that were in read-only status.

We relied on previous consultations with representatives from the U.S. Government Accountability Office to assess the safeguards we put in place. Based on this, we determined that the safeguards mentioned above reduced the identified threats to our independence to an acceptable level to proceed with the audit.

Statement of Compliance
We conducted this performance audit in accordance with generally accepted government auditing standards.

Those standards require that we plan and perform the audit to obtain sufficient, appropriate evidence to provide a reasonable basis for our findings and conclusions based on our audit objectives. We believe that the evidence obtained provides a reasonable basis for our findings and conclusions based on our audit objectives.

Mission Statement
Promoting transparency and accountability in Berkeley government.

Audit Team
Caitlin Palmer, Audit Manager
Pauline Miller, Auditor II

City Auditor
Jenny Wong

Office of the City Auditor
Phone: (510) 981-6750
Email: [email protected]
Website: https://berkeleyca.gov/your-government/city-audits

Copies of our audit reports are available at
https://berkeleyca.gov/your-government/city-audits/city-auditor-reports

Cover photographs provided by City of Berkeley

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 12, 2023
To: Honorable Mayor and Members of the City Council
From: Mayor Jesse Arreguín
Subject: Reappointment of Dr. P. Robert Beatty to the Alameda County Mosquito Abatement District Board of Trustees

RECOMMENDATION
Adopt a Resolution reappointing Dr. P. Robert Beatty to the Board of Trustees of the Alameda County Abatement District for a two-year term ending on January 1, 2026.

BACKGROUND
Each city in Alameda County is required to appoint a resident to the Alameda County Mosquito Abatement District Board of Trustees. This term lasts for two years. The District has recently notified the City that Dr. P. Robert Beatty’s term is expiring at the beginning of 2024.

Dr. Beatty has served as Berkeley’s representative on the Board since April 2016. Dr.

Beatty is one of fourteen members of the Board. As an infectious disease immunologist, Dr. Beatty has studied mosquitoes worldwide and provided invaluable expertise and information to the Board on dengue, Zika and other mosquito borne diseases. He has taught immunology and infectious disease classes for over 20 years in the Department of Molecular and Cellular Biology at UC Berkeley.

FINANCIAL IMPLICATIONS
None for the City of Berkeley. Trustees receive a stipend of $100 per month paid for by the Alameda County Mosquito Abatement District.

ENVIRONMENTAL SUSTAINABILITY
No adverse effects to the environment.

CONTACT PERSON
Mayor Jesse Arreguín 510-981-7100
Attachments:
1: Resolution

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

REAPPOINTING DR. P. ROBERT BEATTY AS THE CITY OF BERKELEY’S

REPRESENTATIVE TO THE ALAMEDA COUNTY MOSQUITO ABATEMENT

DISTRICT BOARD OF TRUSTEES
WHEREAS, Dr. P. Robert Beatty has served on the Board of Trustees of the Alameda County Mosquito Abatement District since 2016; and
WHEREAS, Dr. Beatty is an infectious disease immunologist who has taught immunology and infectious disease classes for over 20 years in the Department of Molecular and Cellular Biology at UC Berkeley; and
WHEREAS, during his term on the Board of Trustees, Dr. Beatty has provided invaluable expertise and information to the Board on Zika and other mosquito borne diseases.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that Dr. P.

Robert Beatty is hereby reappointed as the City of Berkeley’s representative to the Alameda County Mosquito Abatement District Board of Trustees for the term commencing on January 1, 2024 ending January 1, 2026.

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 12, 2023
To: Honorable Mayor and Members of the City Council
From: Mayor Jesse Arreguín, Councilmember Susan Wengraf (Co-Sponsor), and Councilmember Sophie Hahn (Co-Sponsor)
Subject: The Right to Reproductive Freedom

RECOMMENDATION
Adopt a Resolution affirming the City of Berkeley’s support to protecting the rights of those seeking reproductive care, receiving and offering reproductive care and abortion services, and deciding on their own bodily autonomy relating to their reproduction.

Refer to the City Manager to draft an ordinance that directs City agents and employees to ensure access to abortion sites and ensure access to information related to abortion access, including posting information about reproductive health on City property, as consistent with state and federal law.

BACKGROUND
The City of Berkeley has a well-established record of supporting women’s rights1, reproductive health2, and creating a place for those in search of relief, support and care from their home communities.

In 1985, the City of Berkeley adopted a resolution in support of Roe v. Wade3 and has reaffirmed that support annually. The City has continually endorsed state and federal legislation protecting and advancing reproductive rights, access to health care, and funds for preventative health care services.

Berkeley was the first U.S. city to become a sanctuary city, passing a resolution in 1971 to protect sailors resisting the Vietnam War4. On November 29, 2016, as attacks on the undocumented immigrant community rose, the City of Berkeley reaffirmed its status as 1 See Ordinance No. 7,224-N.S., adding Chapter 13.20 to the Berkeley Municipal Code Adopting the Operative Principles of the United Nations Convention on the Elimination of All Forms of Discrimination Against Women.
2 See Resolution No. 70,069-N.S.
3 See Resolution No. 52, 558-N.S.
4 See Resolution No. 44,784-N.S.

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December 12, 2023

a sanctuary city5. On January 21, 2020, the City passed a resolution6 to call on Congress to implement a new framework that expands public safety and protects human rights in border communities. There is existing precedent to continue the protections of our residents and visitors to meet the vulnerabilities of a changing social and political landscape.

CURRENT SITUATION AND ITS EFFECTS
On June 24, 2022, the U.S. Supreme Court published their decision to overturn Roe v.

Wade, rolling back the decades-long constitutional right to abortion. Without the highest court’s protection for a right to choose, states have become the arbiters of a person’s right to an abortion, effectively criminalizing abortion, threatening a person’s bodily autonomy, limiting reproductive freedom, and restricting access to safe abortion care for millions.

Across the nation, multiple trends in State abortion laws have surfaced. 20 states have near-total abortion bans during any point in pregnancy or restrictions relative to when an abortion procedure can occur during pregnancy. With 25 states having created or expanded legal protections for abortion care, persons may be motivated to travel upwards of hundreds of miles to receive the care they seek in these states.

Abortion bans, in particular, disproportionately affect marginalized groups, with existing factors making them more likely to be uninsured or underinsured, causing abortion care, and the travel to receive care, to become considerably more expensive for these individuals. Additionally, the federal Hyde Amendment, an add-on to an approved congressional appropriations bill prohibiting federal funds from being used to pay for abortion care, disproportionately affects low-income people, and further restricts their access to abortion7. As such, millions enrolled in Medicaid do not receive coverage for their abortions, encouraging them to continue their pregnancies to term despite their desire for a different outcome. As 1 in 3 adults under the age of 65 on Medicaid has a disability, the federal Hyde restriction disproportionately keeps low-income people with disabilities from getting the abortion care they need8. States with the highest proportions of Black, Hispanic and Indigenous people, namely those from the South and Midwest, are more likely to have banned or attempted to ban abortion after the SCOTUS overturning Roe v. Wade9. Female-identifying persons are at a higher risk of health 5 See Resolution 67,763-N.S. Reaffirming Berkeley’s Status as a City of Refuge. This was further refined with Resolution 68, 131-N.S. Amending of Refuge Policy Regarding Interaction with U.S. Immigration and Customs Enforcement.
6 See Resolution No. 69,269-N.S. Condemning Trumps Illegal Assasinatinos and Act of War 7 See: Maggie Jo Buchanan and Tracy Weitz, “Hyde’s Restrictions on Abortion Are Unacceptable,” Center for American Progress, August 5, 2022, available at https://www.americanprogress.org/article/hydes-restrictions-on-abortion-are-unacceptable/. 8 See: Emily DiMatteo and others, “Reproductive Justice for Disabled Women: Ending Systemic Discrimination” (Washington: Center for American Progress, 2022), available at https://www.americanprogress.org/article/reproductive-justice-for-disabled-women-ending-systemic- discrimination/.
9 See: Katherine Gallagher Robbins and Shaina Goodman, “State Abortion Bans Could Harm Nearly 15 Million Women of Color” (Washington: National Partnership for Women and Families, 2022), available at https://nationalpartnership.org/report/state-abortion-bans-harm-woc/.

The Right to Reproductive Freedom CONSENT CALENDAR
December 12, 2023

complications, pregnancy-related morbidity, and even death in states with abortion bans1011, demonstrating a lack of attention on systemic issues that cause gender-based harm and violence towards those who can get pregnant. Numerous legal battles are playing out across the country’s courthouses as a result of these bans12.

Studies13 show substantial increases in abortions in states bordering those states where abortion has been banned, with significant numbers of residents from states with bans traveling to neighboring states for abortion care. However, many healthcare professionals have become reluctant to help patients who travel from out-of-state for fear of litigation, threat to their medical license, or malicious persecution. Further, medical providers that honor their patients’ personal decisions regarding their reproductive freedom and bodily autonomy can often receive death threats, challenging their ability to provide essential services.

These findings demonstrate that all aspects of abortion infrastructure – including facilities, funds and support networks – require sustained support to serve increased patient caseloads14. Increased privacy protections, legal protections, and resourcing can help increase the capacity of these service providers receiving an onslaught of care seekers.

Data sourced from our ever-present online lives—such as from applications that track a user’s location, period-tracking applications, and social media platforms—can serve as evidence in lawsuits brought against both abortion patients and providers15. A general lack of cyber privacy protections, coupled with the increasing ubiquity of AI, threatens to exacerbate this risk. Without expanded protections, healthcare providers and those seeking abortion services in Berkeley, could have their location data collected and analyzed to determine whether they engaged in the delivery of abortion care.

The U.S. House of Representatives sought to increase protections for those crossing state lines through the passage of H.R. 829716, prohibiting state officials from interfering with a person’s ability to access an abortion, regardless of whether the patient lives out- of-state. While this bill was passed by the House on July 15, 2022, it did not pass the 10 See: Cecelia Lenzen, “Facing higher teen pregnancy and maternal mortality rates, Black women will largely bear the brunt of abortion limits,” The Texas Tribune, June 30, 2022, available at https://www.texastribune.org/2022/06/30/texas-abortion-black-women/. 11 See: Eugene Declercq and others, “The U.S. Maternal Health Divide: The Limited Maternal Health Services and Worse Outcomes of States Proposing New Abortion Restrictions,” The Commonwealth Fund, December 14, 2022, available at https://www.commonwealthfund.org/publications/issue- briefs/2022/dec/us-maternal-health-divide-limited-services-worse-outcomes. 12 Mother and daughter in Nebraska were both charged with violating their state’s abortion law, with the mother sentenced to two years in prison and her 17-year-old daughter to 90 days in jaily. See:
https://www.nytimes.com/2023/09/22/us/jessica-burgess-abortion-pill-nebraska.html 13 See Guttmacher Institute: https://www.guttmacher.org/2023/09/new-state-abortion-data-indicate- widespread-travel-care.
14 IBID.
15 See NPR: https://www.npr.org/2021/09/19/1038717122/a-texas-doctor-says-he-defied-the-abortion- law-risking-lawsuits
16 Source: U.S. Congress, www.congress.gov/117/bills/hr8297/BILLS-117hr8297ih.pdf

The Right to Reproductive Freedom CONSENT CALENDAR
December 12, 2023

Senate. H.R. 12, The Women’s Health Protection Act of 202317, was re-introduced18 on March 30, 2023, prohibiting governmental restrictions on the provision of, and access to, abortion services, and is awaiting further action by the Senate.

In California, AB 124219, authored by Assemblymember Rebecca Bauer-Kahan and signed into law by Governor Newsom on September 27, 2022, now requires out-of-state law enforcement agencies seeking data or records from California businesses to attest their investigation does not involve any crime related to an abortion that is legal under California law. Under AB 1242, state or local public agencies are effectively prohibited from cooperating with or providing information regarding a lawful abortion to an individual or agency from another state or a federal law enforcement agency.

Furthermore, in California, SB 34520, authored by Senator Skinner and signed into law by Governor Newsom on Septmber 27, 2023, created a comprehensive shield law that provides legal protections for California healthcare professionals who provide or dispense medication, abortion, or contraception care to their patients who live in states where such care is illegal. Under SB 345, people who have traveled to or live in a state that has criminalized abortion will be able to receive treatment by a California healthcare provider via telehealth or videoconferencing, and have medication shipped to them from a participating California pharmacy. As long as they are physically in California, healthcare providers and pharmacies will receive legal protections from criminal and civil actions initiated in another state. In addition, SB 345 bars California-based social media and tech companies from disclosing to law enforcement any private communications of patients regarding healthcare that is otherwise legally protected in our state.

When compared to a six-month period in 202021, over 13,240 (20%) additional abortions were performed in California between January to June 2023 .22 In August 2023, healthcare providers provided an estimated 88,400 procedures across the nation, with approximately 15,700 (17%) taking place in California.23 From 2020 to 2023, 568 residents from Berkeley received care from Planned Parenthood’s Mar Monte site 24, located nearly 50 miles away. These patients received a spectrum of services and treatment, including abortion, behavioral health, contraception, family medicine, gender-affirming care, pregnancy, STI treatment and testing, and general wellness care. Those from Berkeley who received care from Mar Monte include cisgender men, cisgender women, non-binary people, transgender men, 17 Source: U.S. Congress, www.congress.gov/118/bills/hr12/BILLS-118hr12ih.pdf 18 Earlier versions introduced but failing to pass both Senate and House include: H.R. 8296 (117th) following the SCOTUS ruling, and H.R. 3755 (117th), shortly before the SCOTUS ruling. 19 See AB 1242: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB1242 20 See SB 345: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB345 21 2020 was the Guttmacher Institute’s most recent Abortion Provider Census, used as a comprehensive point in time count
22 Via formal U.S. healthcare systems. Source: Guttmacher Institute. https://www.guttmacher.org/monthly- abortion-provision-study.
23 IBID.
24 Source: Planned Parenthood, using data provided through patient addresses.

The Right to Reproductive Freedom CONSENT CALENDAR
December 12, 2023

and transgender women, with the majority being cisgender women25. Most patients seen from Berkeley were Black, Pacific Islander and White26, with more than 80% of them living under 100% of the federal poverty line27. Nearly 60% of the patients were between the ages of 20-29. Abortion services are essential to providing comprehensive healthcare, allowing people the ability to participate equally in making the best health, economic, and social decisions for themselves. Abortion access requires the acknowledgement of full autonomy for a person to make their own decisions about their pregnancies, their families, and their own lives.

Despite the current lack of abortion facilities in Berkeley, the need to protect those seeking to fulfill their reproductive freedom and exercise bodily autonomy is ever present. Berkeley will never wane from its history of providing safety and sanctuary for all its residents and visitors. This resolution will take another step in providing protections and security for those in pursuit of reproductive freedom and bodily autonomy.

RATIONALE FOR IMPLEMENTATION
Without expanded protections, the City’s residents, healthcare workers and visitors may be threated by litigation in pursuit of fulfilling their right to reproductive freedom and privacy.

The City should continue its legacy of protecting those who are vulnerable to persecution, fulfilling the human rights of its residents and visitors, and promote reproductive freedom and right to choose what to do to their body and when to carry a pregnancy to term.

FINANCIAL IMPLICATIONS
None.

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

CONTACT PERSON
Mayor Jesse Arreguín 510-981-7100
Anthony Rodriguez, Senior Legislative Assistant
Attachments:
1: Resolution
25 Self-identified.
26 Self-identified.
27 Self-identified.

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

RIGHT TO REPRODUCTIVE FREEDOM
WHEREAS, the Supreme Court’s 2022 decision to overturn Roe v. Wade threatens a person’s bodily autonomy and pursuit of reproductive freedom; and WHEREAS, without the highest court’s protection for a right to choose, states have become the arbiters of a person’s right to an abortion, effectively criminalizing abortion and restricting access to safe abortion care for millions; and WHEREAS, 20 states have near-total bans during any point in pregnancy, including restricting access to abortion care, and another 25 states have created or expanded their legal protections for abortion care among its residents and visitors; and WHEREAS, studies show substantial increases in abortions in states bordering those with abortion restrictions, adding strain to the existing abortion care infrastructure; and WHEREAS, abortion bans disproportionately affect marginalized groups, including low- income people, those receiving Medicaid, those with disabilities, Black, Hispanic and Indigenous people, and female-identifying persons; and
WHEREAS, abortion bans cause gender-based harm and violence towards those who are of child-bearing age; and
WHEREAS, the City of Berkeley acknowledges healthcare providers are vulnerable by the politicization of the care and services they provide for others, facing lawsuits, threats to their lives and the lives of their loves ones, and provocations undermining their integrity and ability to provide care; and
WHEREAS, many speculate the influence of AI and software in mobile applications that track a user’s whereabouts can collect data that may be used to bring lawsuits against patients and healthcare providers fulfilling the right to abortion and reproductive care; and
WHEREAS, the U.S. House of Representatives has made multiple attempts to protect residents crossing state lines through H.R.8297 and H.R. 12; and WHEREAS, the City of Berkeley acknowledges the significant progress the State has made to provide protections to those seeking and providing abortion services through the passage of AB 1242 and SB 345; and
WHEREAS, California has experienced an increase in abortions performed in the state since 2022 with over 17% of all abortions across the nation being conducted within California in the month of August; and

The Right to Reproductive Freedom CONSENT CALENDAR
December 12, 2023

WHEREAS, nearly 600 Berkeley residents receive care from Planned Parenthood’s Mar Monte site, treating a spectrum of gender identities, with the majority of patients identifying as Black, Pacific Islander or White, low-income, and within the ages of 20-29; and
WHEREAS, the City of Berkeley declares abortion services are an essential component of comprehensive healthcare, as they both allow individuals to make the best health, economic and social decisions for themselves and honor an individual’s full autonomy to make their own decisions regarding their own pregnancies, their families and their bodies; and
WHEREAS, despite a lack of abortion facilities in the City of Berkeley, the need to protect those seeking to fulfill their reproductive freedom and exercise bodily autonomy is ever-present; and
WHEREAS, the City of Berkeley has a well-established record of supporting women’s rights, repoductive health, and creating a place for those in search of relief, support and care; and
WHEREAS, the City of Berkeley was the first U.S. city to become a sanctuary city, and continues to be a haven for those in search of health, freedom and safety; and WHEREAS, the City of Berkeley believes greater protections are needed for vulnerable groups crossing state lines to seek health care and family planning services, and exercising their right to privacy; and
WHEREAS, the City of Berkeley believes healthcare professionals have a right to dispense legal medical care, to not feel threatened for offering and providing abortion services, and deserve their right to privacy.

NOW THEREFORE BE IT RESOLVED by the City Council that it affirms a person’s rights to reproductive freedom and privacy, and supports those seeking abortion care by:

1. Directing City agents and employees to ensure access to information related to abortion access, including posting information about reproductive health on City property.

2. Directing City agents and employees to immediately report any communication from out-of-state groups or government agencies, including requests for documents or warrants served to their site director or supervisor.

The site director or supervisor must immediately notify the Department Director who must in turn immediately consult with the City Attorney about the appropriate course of action. .

The Right to Reproductive Freedom CONSENT CALENDAR
December 12, 2023

3. Suggest keeping list of proposed City actions in similar format, i.e.: Directing City Agents and employees to refer City residents who inquire about their right to reproductive freedoms to local reproductive and gender rights organizations. A list of such organizations shall be compiled and then disseminated to relevant City buildings and on the City’s website. The City Manager is also encouraged to increase and enhance partnerships with community-based organizations, legal service providers, and educational institutions to provide resources for families and City residents facing prosecution or other adverse out-of-state actions.

BE IT FURTHER RESOLVED that the City of Berkeley will support a person’s safety, in particular women of child-bearing age, maintaining their right to dictate their own health.

BE IT FURTHER RESOLVED that the City of Berkeley finds that reproductive justice, gender equality, gender equity, and bodily autonomy should be protected and reinforced, as a person’s right to make decisions with regards to their own body is a matter of personal liberty and freedom.

BE IT FURTHER RESOLVED that the Council shall instruct the City Clerk to transmit copies of this resolution including any future amendments thereto that shall be made, to every department, agency and commission and employee of the City of Berkeley.

Office of the Mayor

CONSENT CALENDAR
December 12, 2023
To: Honorable Members of the City Council
From: Mayor Jesse Arreguin
Subject: Adjustment to City Attorney Salary Range and Revised Salary

RECOMMENDATION
Adopt a resolution to approve (1) increasing the top of the City Attorney salary range to $360,000 annually and (2) revising City Attorney Farimah Brown’s annual salary to $336,000 effective the start of the pay period closest to Ms. Brown’s most recent anniversary date of July 10, 2023, pursuant to Section 1.6 of the Unrepresented Employee Manual.

FISCAL IMPACT
The recommendation marks an increase in the City Attorney’s compensation from $313,408.42 to $336,000.00, which will be funded by the General Fund.

CURRENT SITUATION AND ITS EFFECTS
Both the adjustment to the City Attorney’s salary range, as well as the revised salary for Ms. Brown, follow an extensive evaluation of the City Attorney’s job performance conducted by the City Council, in conjunction with an outside consultant, Boucher Law, PC.

The evaluation included a salary survey which revealed that the midpoint of the City Attorney salary lagged behind that of comparable jurisdictions by nearly 25%. The proposed adjustment to the salary range seeks to rectify that lag and to keep the position competitive in the market, while the revision to Ms. Brown’s salary recognizes the caliber of her performance in the City Attorney role.

BACKGROUND
Boucher Law, PC, was selected as the firm to assist with the City Attorney evaluation following outreach by the Human Resources Department to several firms inviting them to bid for the consultancy. Mr. Boucher’s firm was selected due to his licensed status as

Adjustment to City Attorney Salary Range and Revised Salary CONSENT CALENDAR December 12, 2023
an attorney, as well as his former experience as an HR Director.

The evaluation, which was conducted over several months, included a broad survey of City Attorney compensation among surrounding agencies including Alameda County, City of Concord, Contra Costa County, City of Fremont, City of Hayward, City of Oakland, City of Palo Alto, City of Richmond, City and County of San Francisco, City of San Jose, San Mateo County, and Santa Clara County. The survey revealed that the City of Berkeley ranked 12th out of 13 agencies when salary midpoints were compared and lagged behind the median by 24.88%.

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

RATIONAL FOR RECOMMENDATION
A salary survey highlighted the need to modify the City Attorney salary range in order to make it competitive in comparable markets. The positive outcomes of a lengthy and thorough performance evaluation supported an upward revision to Ms. Brown’s salary.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Jesse Arreguin, Mayor 510-981-7100

ATTACHMENTS

1. Resolution

Adjustment to City Attorney Salary Range and Revised Salary CONSENT CALENDAR December 12, 2023
RESOLUTION NO. xxxxx - N.S.

ADJUSTMENT TO CITY ATTORNEY SALARY RANGE AND REVISED SALARY WHEREAS, the City Council conducted an extensive evaluation of the City Attorney’s job performance in conjunction with an outside consultant; and WHEREAS, the evaluation included a salary survey which revealed that the midpoint of the City Attorney salary lagged behind that of comparable jurisdictions by nearly 25%; and
WHEREAS, an adjustment to the City Attorney’s salary range is necessary to keep the position competitive in the market; and
WHEREAS, the Council positively evaluated Farimah Brown’s performance in the City Attorney role.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that (1) the top of the City Attorney salary range is increased to $360,000 annually and (2) City Attorney Farimah Brown’s annual salary is increased to $336,000 effective the start of the pay period closest to Ms. Brown’s most recent anniversary date of July 10, 2023, pursuant to Section 1.6 of the Unrepresented Employee Manual.

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

CONSENT CALENDAR
Dec. 12, 2023
To: Honorable Mayor and Members of the City Council
From: Councilmember Taplin, Councilmember Hahn, and Councilmember Harrison Subject: Waterside Workshops Winter Festival and Kids Bike Giveaway: Relinquishment of Council Office Budget Funds from General Funds and Grant of Such Funds

RECOMMENDATION
Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember, including $200 from Councilmember Taplin, to support the Waterside Workshops Winter Festival and Kids Bike Giveaway.

FINANCIAL IMPLICATIONS
No General Fund impact. $200 is available from contributing Councilmember’s Council Office Budget discretionary accounts.

BACKGROUND
Waterside Workshops is hosting its annual Winter Festival and Kids Bike Giveaway event on Saturday, December 9. Each year, in collaboration with community partners, Waterside Workshops donates around 250 refurbished bikes, helmets, lights, and locks to Bay Area families and individuals.

This year, Waterside Workshops has set a goal to donate over 100 kids’ bikes during the month of December. To achieve this goal, the organization is hosting a Winter Festival on December 9 at their facility at 84 Bolivar Drive in Berkeley that will include a large-scale bike giveaway. The event is open to all members of the public.

Waterside Workshops’ bike giveaway programs prioritize increasing bike access for marginalized communities impacted by systemic inequalities, including:
● Low-income households
● Black, Indigenous, and People of Color
● Immigrants and refugees
● Unhoused families and individuals
● Women, transgender, and gender expansive individuals

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
None.

CONTACT PERSON
Councilmember Taplin Council District 2 510-981-7120

Waterside Workshops CONSENT CALENDAR
Dec 12, 2023

Attachments:
1: Resolution

Waterside Workshops CONSENT CALENDAR
Dec 12, 2023

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

AUTHORIZING THE EXPENDITURE OF SURPLUS FUNDS FROM THE OFFICE

EXPENSE ACCOUNTS OF THE MAYOR AND COUNCILMEMBERS FOR A GRANT TO

PROVIDE PUBLIC SERVICES FOR A MUNICIPAL PUBLIC PURPOSE
WHEREAS, Councilmember Taplin has surplus funds in his office expenditure account (budget code 011-11-102-100-0000-000-411); and
WHEREAS, a California non-profit tax exempt corporation Waterside Workshops seeks funds in the amount of $200 to provide the following public services: Winter Festival and Kids Bike Giveaway; and
WHEREAS, the provision of such services would fulfill the following municipal public purpose: providing bicycles and equipment to children in vulnerable communities; 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 $500 amount per office shall be granted to Waterside Workshops to support the Winter Festival and Kids Bike Giveaway.

2180 Milvia Street, Berkeley, Floor 5, CA 94704 ● Tel: (510) 981-7120 ● E-Mail: [email protected]

CONSENT CALENDAR
Dec. 12, 2023
To: Honorable Mayor and Members of the City Council
From: Councilmember Taplin, Councilmember Harrison, and Vice Mayor Bartlett (co-authors)
Subject: Budget Referral and Updated Guidelines and Procedures for City Council Office Staff Expenditures

RECOMMENDATION
Refer to the Budget and Finance Committee to consider updates to the guidelines and procedures for City Council office budget expenditure accounts with regards to City Council staff salaries and an accompanying Budget Referral of up to $219,080 for the Annual Appropriation Ordinance #1 (AAO) process to budget Council offices up to 2 FTE, meet obligations under the SEIU 1021 CSU/PTRLA MOU, and prevent layoffs.

POLICY COMMITTEE RECOMMENDATION
On November 16, 2023, the Budget & Finance Committee adopted the following action:

M/S/C (Arreguín/Kesarwani) to forward the item as revised to the City Council with a positive recommendation. Vote: Ayes – Kesarwani, Arreguin; Noes – None; Abstain – None; Absent - Harrison.

CURRENT SITUATION AND ITS EFFECTS
This item reiterates with modifications a 2022 referral from Councilmember Bartlett’s office for 2 FTE per office that was funded in part at 1.5 FTE and only delayed structural shortfalls impacting at least four offices.

As of March of 2023, four of eight Council Offices retain more than one Legislative Assistant, while the Mayor retains four Legislative Assistants in addition to a Chief of Staff. This reflects the trend over the last two decades of an increase in demand faced by Council Offices for constituent services and legislative policy output. Despite this increase, Council budget policy still assumes a staff level fixed at one Legislative Assistant per Council Office, though recent adjustments provide for budgeting the Mayor’s Office at actual staff costs.

Following the 2019 unionization of Legislative Assistants with the SEIU 1021 Community Services & Part-Time Recreation Leaders Association Chapter. The City officially ratified a contract with the new unit on June 15, 2021 that, among other things, provided an increased hourly wage for Legislative Assistants more closely commensurate with internal comparators as determined by a 2006 report from the City

Budget Referral and Updated Guidelines and Procedures for City Council Office Staff Expenditures 2180 Milvia Street, Berkeley, Floor 5, CA 94704 ● Tel: (510) 981-7120 ● E-Mail: [email protected] Manager, and placed Legislative Assistants on a salary schedule based on annual steps like other unionized positions in the City. After the adoption of the contract, Resolution No. 65.540-N.S. which provided for and regulated Council Office budgets was replaced by Resolution No. 70,054–N.S. This new Resolution adjusted Council budgets to allow for one full-time Legislative Assistant per office under the new agreement but did not account for the reality that half of Council Offices currently have had more than one Legislative Assistant. Because the new contract provides for annual step increases, Council Offices which now use their staff funds to retain two full time Legislative Assistants will be forced to reduce hours or terminate staff as they progress through annual steps.

The most recent adjustment to Council staff budgeting policy was made on June 28, 2022, by the unanimous vote to adopt Resolution No. 70,442–N.S. as revised.

Revisions included: “Modify the proposed expenditure for the line item entitled “Increase City Council Office Expenditure Accounts” to increase each City Council office expenditure account by $54,769.50 for FY 2023 and FY 2024, and that the amount is based on .5 FTE in the legislative assistant classification.” This represented a significant improvement over the status quo ante, but did not fully preclude the structural deficits for some Council Office budgets.

BACKGROUND
Adequately and equitably funding Legislative Assistant positions is critical for achieving the City’s Strategic Plan goal of attracting and retaining a talented and diverse City government workforce.

Legislative Assistants aid with the management of a City Councilmember’s policy initiatives and district projects, write legislation, provide administrative office support, research and analyze policy and legislation, guide constituents in accessing critical public and nonprofit assistance, and may be called upon to represent their Councilmember before constituents, community groups, business interests, city staff and other elected officials.

Until recently, the Mayor, Councilmembers, and their aides have been significantly underpaid as compared to external and internal comparators. However, the population of Berkeley has increased by more than 20,000 since 2000, and active civic participation in matters of both local and national importance has increased significantly.

In 2020, the adoption of Measure JJ by nearly two thirds of Berkeley voters1 affirmed that residents have high expectations of their local government and that the work required to deliver on those expectations should be compensated fairly and accurately.

Measure JJ changed the status of City Councilmembers from part-time to full-time to reflect the increased demands of the position from when it was first created, and 1 https://www.cityofberkeley.info/uploadedFiles/Clerk/Elections/Summary%20Results%20Nov.%202020.pdf , pg. 3

Budget Referral and Updated Guidelines and Procedures for City Council Office Staff Expenditures 2180 Milvia Street, Berkeley, Floor 5, CA 94704 ● Tel: (510) 981-7120 ● E-Mail: [email protected] increased the salary for Councilmember and the Mayor to one sufficient for working class residents to be able to afford to run for office.2 Alongside the trend of increased demand on Council Offices for legislative and constituent services, the inauguration of the Council Policy Committee system in 2018 and the transition to full time Council positions in 2020 have both driven an increase in the workload for legislative staff. Half of Council Offices now maintain more than one Legislative Assistant, reflecting that the volume of legislative work per Council Office often exceeds 40 hours of labor per week. There are currently six Council Policy Committees, four interagency committees, and a varying number of Mayoral task forces.3 Many Councilmembers also sit on regional boards, commissions, working groups and task forces, including, for example, the Association of Bay Area Governments Executive Board, Alameda County Transportation Commission, and the East Bay Community Energy Board of Directors among numerous others.

These committees and other bodies provide vital legislative functions, but also add significant workload in both staffing and preparing for these meetings each week. In addition to two regular meetings a month, Policy Committees have additional special meetings scheduled on an ad hoc basis, especially during the bi-annual budget processes, and additional work conducted by the staff, especially when a Councilmember chairs a Committee. Critically, committee members are now responsible for writing more detailed and comprehensive legislative briefs and memos as well as shepherding amended legislative matters referred from Commissions and other bodies. Due to the enhanced demand for legislative work, full and part-time Legislative Assistants regularly work hours substantially beyond their scheduled appointment.

Over the past two decades, Council has attempted to address Legislative Assistant compensation, resulting in incremental improvement.4
In 2006, in recognition of Legislative Assistant salary and classification disparities, the Council passed Resolution No. 63,259-N.S. directing the City Manager to conduct a salary equity study for the City Council Legislative Assistants and report the findings to the Council to include “a comparison with their peers in neighboring jurisdictions…[and] the salary range, qualifications and responsibilities for this job class.”5 The resulting 2006 study6 from the City Manager found that Legislative Assistants were significantly underpaid as compared to external and internal comparators—namely the 2 https://www.cityofberkeley.info/uploadedFiles/Clerk/Elections/2020%20Ballot%20Measures.pdf, pg. 33 3https://www.cityofberkeley.info/Clerk/City_Council/City_Council__Committee_and_Regional_Body_Appo intees.aspx
4 https://berkeleyca.gov/sites/default/files/documents/SEIU-CSU-Local1021-MOU.pdf 5https://www.cityofberkeley.info/citycouncil/agenda-committee/2006/packet/041006/2006-04- 18%20Draft%20Item%2019%20MOORE%20-%20Salary%20Equity.pdf 6https://www.cityofberkeley.info/recordsonline/api/Document/AQwW5T053smoW4FSgoqqfPzrtx2b5Xydz2 Wp12sEq9AYYtJ0JDbJ32ymekuaq6i5xy%C3%89%C3%81I7rVEBYmrBFWpzKvwec%3D/