Tuesday, February 27, 2024 AGENDA Page 1
AG E N D A
BERKELEY CITY COUNCIL MEETING
Tuesday, February 27, 2024
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY, 94708 TELECONFERENCE LOCATION – 301 WEST 17TH STREET, AUSTIN, TX 98701
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 – VACANT
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 a vailable on Cable B -TV (Channel 33) and via internet accessible video stream at http://berkeley.granicus.com/MediaPlayer.php?publish_id=1244.
Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this UR L: https://cityofberkeley- info.zoomgov.com/j/1614329714. 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: 161 432 9714. 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 incl usion 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.
Tuesday, February 27, 2024 AGENDA Page 2
Preliminary Matters
Roll Call:
Land Acknowledgement Statement: The City of Berkeley recognizes that the community we live in was built on the territory of xučyun (Huchiun (Hooch-yoon)), the ancestral and unceded land of the Chochenyo (Cho-chen-yo)-speaking Ohlone (Oh-low-nee) people, the ancestors and descendants of the sovereign Verona Band of Alameda County. This land was and continues to be of great importance to all of the Ohlone Tribes and descendants of the Verona Band. As we begin our meeting tonight, we acknowledge and honor the original inhabitants of Berkeley, the documented 5,000 -year history of a vibrant community at the West Berkeley Shellmound, and the Ohlone people who continue to reside in the East Bay. We recognize that Berkeley’s residents have and continue to benefit from the use and occupation of this unceded stolen land since the City of Berkeley’s incorporation in 1878. As stewards of the laws regulating the City of Berkeley, it is not only vital that we recognize the history of this land, but also recognize that the Ohlone people are present members of Berkeley and other East Bay communities today. The City of Berkeley will continue to build relationships with the Lisjan Tribe and to create meaningful actions that uphold the intention of this land acknowledgement.
Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.
City Manager Comments: The City Manager may make announcements or provide information to the City Council in the form of an oral report. The Council will not take action on such items but may request the City Manager place a report on a future agenda for discussion.
1. Presentation: State of Public Health in Berkeley
Public Comment on Non-Agenda Matters: Persons will be selected to address matters not on the Council agenda. If five or fewer persons wish to speak, each person selected will be allot ted two minutes each. If more than five persons wish to speak, up to ten persons will be selected to address matters not on the Council agenda and each person selected will be allotted one minute each. Persons attending the meeting in-person and wishing to address the Council on matters not on the Council agenda during the initial ten-minute period for such comment, must submit a speaker card to the City Clerk in person at the meeting location and prior to commencement of that meeting. The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda.
Public Comment by Employee Unions (first regular meeting of the month): This period of public comment is reserved for officially designated representatives of City of Berkeley employee unions, with five minutes allocated per union if representatives of three or fewer unions wish to speak and up to three minutes per union if representatives of four or more unions wish to speak.
Consent Calendar
The Council will first determine whether to move items on the agenda for “Action” or “Information” to the “Consent Calendar”, or move “Consent Calendar” items to “Action.” Three members of the City Council must agree to pull an item from the Consent Calendar or Information Calendar for it to move to Action.
Items that remain on the “Consent Calendar” are voted on in one motion as a g roup. “Information” items are not discussed or acted upon at the Council meeting unless they are moved to “Action” or “Consent”.
No additional items can be moved onto the Consent Calendar once public comment has commenced. At any time during, or immediately after, public comment on Information and Consent items, any Councilmember may move any Information or Consent item to “Action.” Following this, the Council will vote on the items remaining on the Consent Calendar in one motion.
Consent Calendar
Tuesday, February 27, 2024 AGENDA Page 3
For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again at the time the matter is taken up during the Action Calendar.
Public Comment on Consent Calendar and Information Items Only: The Council will take public comment on any items that are either on the amended Consent Ca lendar or the Information Calendar. Speakers will be entitled to two minutes each to speak in opposition to or support of Consent Calendar and Information Items. A speaker may only speak once during the period for public comment on Consent Calendar and Information items.
Additional information regarding public comment by City of Berkeley employees and interns: Employees and interns of the City of Berkeley, although not required, are encouraged to identify themselves as such, the department in which they work and state whether they are speaking as an individual or in their official capacity when addressing the Council in open session or workshops.
Consent Calendar
1. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of January 16, 2024 (regular), January 17, 2024 (closed), January 22, 2024 (special) January 23, 2024 (closed and special) and January 30, 2024 (regular) Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900
2. Contract No. 31900184 Amendment: Alcor Solutions, Inc. to Expand Services for Intranet Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 31900184 with Alcor Solutions, Inc., to expand scope to include intranet services.
Financial Implications: None
Contact: Kevin Fong, Information Technology, (510) 981-6500
3. Contract No. 105921-1 Amendment - TruePoint Solutions, LLC for Professional Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 105921-1 with TruePoint Solutions, LLC for professional services, increasing the amount by $250,000, for a total not-to-exceed amount of $1,297,200 and extending the term by one year for the term beginning June 1, 2015 to June 30, 2025.
Financial Implications: See report
Contact: Kevin Fong, Information Technology, (510) 981-6500
Consent Calendar
Tuesday, February 27, 2024 AGENDA Page 4
4. Donation: Memorial Bench at Cesar Chavez Park in memory of Charlie Pollack From: City Manager
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 Charlie Pollack.
Financial Implications: Revenue - $3,400
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700
5. Contract: West Coast Arborists, Inc. for Tree Removal and Pruning Services From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute a contract and any amendments with West Coast Arborists, Inc. for tree removal and pruning servings in an amount not to exceed $1,500,000 over a period of three years, with an option to renew for two additional years at $500,000 per year, for a total contract amount not to exceed $2,500,000.
Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700
6. Contract: Rincon Consultants for Environmental Justice Element, Safety Element Update, and Equitable Climate and Resilience Metrics From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or their designee to award a contract and execute any amendments, extensions, or change orders with Rincon Consultants, Inc. in an amount not-to-exceed $634,000 over a three-year period, to update Berkeley’s General Plan Safety Element, develop a new General Plan Environmental Justice (EJ) Element, and create an Equitable Climate and Resilience Monitoring and Evaluation Strategy and Dashboard.
Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400
7. Contract No. 32300057 Amendment: Association for Energy Affordability for Pilot Climate Equity Fund
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or designee to amend Contract No. 32300057 with Association for Energy Affordability for the Pilot Climate Equity Fund, increasing the amount by $43,556, to a new total contract amount not to exceed $126,890, and extend the contract through May 30, 2025.
Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400
Consent Calendar
Tuesday, February 27, 2024 AGENDA Page 5
8. Accept Energy Efficiency and Conservation Block Grant Program Equipment Voucher
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or their designee to submit an application and an Energy Efficiency and Conservation Strategy to the U.S. Department of Energy (DOE), execute any related revenue agreements and amendments, and accept funds for an equipment voucher from the Federal Energy Efficiency and Conservation Block Grant (EECBG) Program of up to $174,290 for the two-year period of February 13, 2024 through February 13, 2026.
Financial Implications: See report
Contact: Andrew Murray, Public Works, (510) 981-6300
9. Contract: (Specification No. 24-11529-C) JJR Construction Inc. for FY 2024 Sidewalk Repair Project
From: City Manager
Recommendation: Adopt a Resolution: 1) Approving plans and specifications for the FY 2024 Sidewalk Repair Project; 2) Accepting the bid of JJR Construction Inc. as the lowest responsive and responsible bidder; and 3) Authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project, in accordance with the approved plans and specifications in an amount not to exceed $4,246,955.
Financial Implications: See report
Contact: Andrew Murray, Public Works, (510) 981-6300
10. Contract: (Specification No. 24-11621-C): Bay Pacific Pipeline, Inc. for Virginia Street, Russell Street, et al. Sanitary Sewer Rehabilitation Project From: City Manager
Recommendation: Adopt a Resolution: 1) Approving plans and specifications for the Sanitary Sewer Project located on Virginia Street, Russell Street, et al., and 2) Accepting the bid of the lowest, responsive and responsible bidder, Bay Pacific Pipeline, Inc., and 2) 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, in an amount not to exceed $4,828,002, which includes a 10% contingency of $438,909.
Financial Implications: See report
Contact: Andrew Murray, Public Works, (510) 981-6300
Consent Calendar
Tuesday, February 27, 2024 AGENDA Page 6
11. Contract (Specification. No. 24-11645-C): Koios Engineering, Inc. for Urgent Sewer Repair FY2024 Project
From: City Manager
Recommendation: Adopt a Resolution: 1) Approving plans and specifications for the Urgent Sewer Repair FY2024 Project; 2) Accepting the bid of the lowest responsive and responsible bidder, Koios Engineering, Inc.; 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, in an amount not to exceed $465,187, which includes a 10% contingency of $42,289.
Financial Implications: See report
Contact: Andrew Murray, Public Works, (510) 981-6300
12. Reject Bids – FY 2023 Retaining Wall and Storm Drain Improvement Project, Specification Nos. 23-11616-C & 23-11614-C
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to reject bids and direct staff to re-advertise the work associated with the FY 2023 Retaining Wall and Storm Drain Improvement Project, Specification Nos. 23-11616-C & 23-11614- C.
Financial Implications: See report.
Contact: Andrew Murray, Public Works, (510) 981-6300
Council Consent Items
13. Resources to Plan for Future Health Care Access for Berkeley Residents From: Mayor Arreguin (Author), Councilmember Hahn (Author), Councilmember Wengraf (Co-Sponsor)
Recommendation: Allocate $300,000 from the General Fund for legal and/or other technical expertise as may be needed to identify/evaluate existing or potential opportunities to secure the future of healthcare and hospital access for the people of Berkeley.
Funds should be used to broadly explore healthcare needs of the entire Berkeley community, now and in the coming decades, including the needs of low income communities and communities of color, the elderly, youth, women, and other groups that have lower health and life-expectancy outcomes and/or have specialized healthcare needs; and healthcare facilities, programs, and other assets that are and/or can be accessible to Berkeley residents in the coming years Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Council Consent Items
Tuesday, February 27, 2024 AGENDA Page 7
14. Referral to the City Attorney: Eminent Domain Feasibility Analysis for 2902 and 2908 Adeline Street Properties and Abandoned House on 1946 Russell Street From: Councilmember Bartlett (Author)
Recommendation: Refer the City Attorney to conduct an analysis and report to the Council on the feasibility of using eminent domain to enable the City to purchase the blighted commercial properties on 2902 and 2908 Adeline Street, as well as the adjacent abandoned house on 1946 Russell Street for the purposes of developing mixed-use affordable housing.
Financial Implications: See report
Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130
Action Calendar
The public may comment on each item listed on the agenda for action. For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again during one of the Action Calendar public comment periods on the item. Public comment will occur for each Action item (excluding public hearings, appeals, and/or quasi-judicial matters) in one of two comment periods, either 1) before the Action Calendar is discussed; or 2) when the item is taken up by the Council.
A member of the public may only speak at one of the two public comment periods for any single Action item.
The Presiding Officer will request that persons wishing to speak line up at the podium, or use the "raise hand" function in Zoom, to determine the number of persons interested in speaking at that time. Up to ten (10) speakers may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue.
Action items may be reordered at the discretion of the Chair with the consent of Council.
Action Calendar – Scheduled Public Comment Period
During this public comment period, the Presiding Officer will open and close a comment period for each Action item on this agenda (excluding any public hearings, appeals, and/or quasi -judicial matters). The public may speak on each item. Those who speak on an item during this comment period may not speak a second time when the item is taken up by Council.
Action Calendar – Public Hearings
Staff shall introduce the public hearing item and present their comments. For certain hearings, this is followed by five-minute presentations each by the appellant and applicant. The Presiding Officer will request that persons wishing to speak line up at the podium, or use the "raise hand" function in Zoo m, to be recognized and to determine the number of persons interested in speaking at that time.
Up to ten (10) speakers may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker.
Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may with the consent of persons representing both sides of an issue allocate a block of time to each side to present their issue.
Action Calendar – Public Hearings
Tuesday, February 27, 2024 AGENDA Page 8
When applicable, each member of the City Council shall verbally disclose all ex parte contacts concerning the subject of the hearing. Councilmembers shall also submit a report of such contac ts in writing prior to the commencement of the hearing. Written reports shall be available for public review in the office of the City Clerk.
15. ZAB Appeal: 2924 Russell Street, Administrative Use Permit #ZP2023-0081 From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution affirming the decision of the Zoning Adjustments Board to approve Administrative Use Permit #ZP2023-0081 to install an unenclosed hot tub in the rear yard.
Financial Implications: Nione
Contact: Jordan Klein, Planning and Development, (510) 981-7400
16. Zoning Amendments for Berkeley Business; Amending Berkeley Municipal Code Title 23
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt the first reading of an ordinance amending Title 23 of the Berkeley Municipal Code to streamline and clarify the permitting process for small businesses in commercial districts (“C-Prefixed”), select manufacturing (“M-Prefixed”) districts, and the Residential BART Mixed Use (R-BMU) and Residential Southside Mixed Use (R- SMU) zoning districts.
Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400
Information Reports
17. FY 2024 First Quarter Investment Report: Ended September 30, 2023 From: City Manager
Contact: Henry Oyekanmi, Finance, (510) 981-7300
18. State of Public Health in Berkeley Summary Report
From: City Manager
Contact: Anju Goel, Health, Housing, and Community Services, (510) 981-5400
19. LPO NOD: 2113-2115 Kittredge Street/#LMSAP2022-0011 From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400
Public Comment – Items Not Listed on the Agenda
Adjournment
NOTICE CONCERNING YOUR LEGAL RIGHTS : If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply:
1) No lawsuit challenging a City decision to deny (Code Civ. Proc. §1094.6(b)) or approve (Gov. Code
Tuesday, February 27, 2024 AGENDA Page 9
65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90 -day period will be barred. 2) In any lawsuit that may be file d against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.
Archived indexed video streams are available at:
https://berkeleyca.gov/your-government/city-council/city-council-agendas.
Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m.
Communications to the City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service to the City Clerk Department at 2180 Milvia Street. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk Department for further information.
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at the City Clerk Department located on the first floor of City Hall located at 2180 Milvia Street as well as posted on the City's website at https://berkeleyca.gov/.
Agendas and agenda reports may be accessed via the Internet at:
https://berkeleyca.gov/your-government/city-council/city-council-agendas and may be read at reference desks at the following locations:
City Clerk Department - 2180 Milvia Street, First Floor Tel: 510-981-6900, TDD: 510-981-6903, Fax: 510-981-6901 Email: [email protected]
Libraries: Main – 2090 Kittredge Street,
Claremont Branch – 2940 Benvenue, West Branch – 1125 University, North Branch – 1170 The Alameda, Tarea Hall Pittman South Branch – 1901 Russell COMMUNICATION ACCESS INFORMATION:
This meeting is being held in a wheelchair accessible location.
To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at (510) 981-6418 (V) or (510) 981-6347 (TDD) at least three business days before the meeting date.
Attendees at public meetings are reminded that other attendees may be sensitive to various scents, whether natural or manufactured, in products and materials. Please help the City respect these needs.
Captioning services are provided at the meeting, on B -TV, and on the Internet. In addition, assisted listening devices for the hearing impaired are available from the City Clerk prior to the meeting, and are to be returned before the end of the meeting.
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Tuesday, February 27, 2024 AGENDA Page 10
I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on February 15, 2024.
Mark Numainville, City Clerk
Communications
Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.
Item #15: ZAB Appeal: 2924 Russell Street, Administrative Use Permit #ZP2023- 0081
1. Homayoon Kazerooni
ZAB Appeal: 2113-2115 Kittredge Street/#LMSAP2022-0011
2. Adams Broadwell Joseph & Cardozo
United Artist Theater at 2274 Shattuck
3. Deborah Chalfie
4. Kay Weinstein
5. David Brandon
6. Stuart Hyde
7. Elizabeth LaBarre
Crime and Police Matters
8. Sunwalk10@
9. Shellie Wharton
10. Miles Morris Walker
Council Chambers/Councilmembers
11. Rod Gutierrez
12. Kelsi Pertual
13. Justin Lee
14. Vivian Pisano
Tree Removal
15. Ken Jung, Transportation Department
16. Carol Denney
Property Taxes
17. Pauline Wallace (2)
Tuesday, February 27, 2024 AGENDA Page 11
PG&E Rate Increases
18. Patrick Golier
Pedestrian Safety
19. Sophie Johnson
McNair’s Donated Items Taken
20. Moni Law
21. Paul Kealoha Blake
Fulton-Woolsey Bike Boulevard
22. Charles Siegel (2)
23. Ken Jung, Transportation Department (2)
24. Councilmember Harrison
25. Megan Wachspress
26. David Hoffman (5)
27. Justin Baldwin
28. Matt Weber
29. Dan A.
30. Emily McAfee
31. Ben Hays
Restaurant Inspections
32. David Lerman
Berkeley Marina
33. Tahirah Rasheed
Refuse Services Blocking Driveway
34. Dan Bristol
Middle Housing
35. Jonathan Singh
36. D. Scott Phoenix
37. Amanda Le
Chavez Park Air Quality
38. Martin Nicolaus, on behalf of the Chavez Park Conservancy
39. Carol Denny
Berkeley Unified School District
40. Dorothea Dorenz
Street Paving
41. Barbara Gilbert
Tuesday, February 27, 2024 AGENDA Page 12
Anti-Discrimination Ordinance
42. 6 similarly-worded form letters
Golden Duplex Rent Control
43. Lauren Schiller
People’s Park
44. Moni Law (2)
Gaza and Israel
45. Micky Duxbury
46. Jon Jackson
47. Rainbow Alvarez
48. Naz Akbaroff
49. Nazanin Badakhsh
50. Dena Al-Adeeb
51. Michael Fullerton
52. Kelsi Pertula
53. Aaron Kalter
54. Anna Henry
55. Russbumper (2)
56. Nikki Roach
57. Anna Henry
58. Barbara Erickson
59. Gregory Kalkanis
60. 6 similarly-worded form letters
URL’s Only
61. Vivian Warkentin
Supplemental Communications and Reports
Items received by the deadlines for submission will be compiled and distributed as follows. If no items are received by the deadline, no supplemental packet will be compiled for said deadline.
• Supplemental Communications and Reports 1
Available by 5:00 p.m. five days prior to the meeting.
• Supplemental Communications and Reports 2
Available by 5:00 p.m. the day before the meeting.
• Supplemental Communications and Reports 3
Available by 5:00 p.m. two days following the meeting.
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
February 27, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Mark Numainville, City Clerk
Subject: Minutes for Approval
RECOMMENDATION
Approve the minutes for the Council meetings of January 16, 2024 (regular), January 17, 2024 (closed), January 22, 2024 (special) January 23, 2024 (closed and special) and January 30, 2024 (regular)
CONTACT PERSON
Mark Numainville, City Clerk, 981-6900
Attachments:
1. January 16, 2024 – Regular Council Meeting
2. January 17, 2024 – Special Closed Council Meeting
3. January 22, 2024 – Special Council Meeting
4. January 23, 2024 – Special Closed Council Meeting
5. January 23, 2024 – Special Council Meeting
6. January 30, 2024 – Regular Council Meeting
Tuesday, January 16, 2024 MINUTES Page 1
MINUTES
BERKELEY CITY COUNCIL MEETING
Tuesday, January 16, 2024
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 – VACANT
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/1619411775 . 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: 161 941 1775. 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 1
Tuesday, January 16, 2024 MINUTES Page 2
Preliminary Matters
Roll Call: 6:13 p.m.
Present: Kesarwani, Taplin, Bartlett, Harrison, Hahn, Wengraf, Humbert, Arreguin
Absent: None
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 by Employee Unions: 2 speakers.
Public Comment on Non-Agenda Matters: 20 speakers.
Consent Calendar
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, yelling, and using amplified sound.
Recess 7:34 p.m. – 7:42 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, yelling, and using amplified sound. 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, January 16, 2024 MINUTES Page 3
Recess 7:44 p.m. – 7:58 p.m.
Public Comment on Consent Calendar and Information Items Only: 22 speakers.
Action: M/S/C (Arreguin/Hahn) to suspend the rules and allow for a 30-minute period for public comments on the Consent Calendar.
Vote: All Ayes.
Action: M/S/C (Arreguin/Harrison) to adopt the Consent Calendar in one motion except as indicated.
Vote: All Ayes.
1. Amendment: FY 2024 Annual Appropriations Ordinance
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,892–N.S. amending the FY 2024 Annual Appropriations Ordinance No. 7,879–N.S. for fiscal year 2024 based upon recommended re-appropriation of committed FY 2023 funding and other adjustments authorized since July 1, 2023, in the amount of $270,355,759 (gross) and $258,134,257 (net).
First Reading Vote: All Ayes.
Financial Implications: See report
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000 Action: Adopted second reading of Ordinance No. 7,892–N.S.
2. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of November 20, 2023 (special closed), December 5, 2023 (regular) and December 12 (special and regular).
Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Approved the minutes as submitted.
3. California For All Animals Grant Award
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to receive a $60,000 California For All Animals grant award from the Koret Shelter Medicine Program at UC Davis and to enter into contract and all necessary amendments with the Regents of the University of California resulting from this funding.
Financial Implications: Grant - $60,000
Contact: Peter Radu, City Manager's Office, (510) 981-7000 Action: Adopted Resolution No. 71,153–N.S.
Consent Calendar
Tuesday, January 16, 2024 MINUTES Page 4
4. Contract No. R9710 Amendment: City of Piedmont for Animal Services From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend an existing contract number R9710 and any amendments with the City of Piedmont for Berkeley Animal Care Services (BACS) to provide animal sheltering and certain animal care services to the City of Piedmont. For these services the City of Piedmont will pay the City of Berkeley an amount not to exceed $196,572 for services performed from FY2024 through FY2026. This adjustment will result in a revised maximum total contract amount of $708,388.
Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000 Action: Adopted Resolution No. 71,154–N.S.
5. Extension of Declaration of Homeless Shelter Crisis
From: City Manager
Recommendation: Adopt a Resolution extending Resolution No. 70,179 – N.S., extending the declaration of a Homeless Shelter Crisis until January 17, 2029.
Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000 Action: Adopted Resolution No. 71,155–N.S.
6. Acceptance - $30,000 Grant from the National Endowment for the Arts From: City Manager
Recommendation: Adopt a Resolution accepting a $30,000 grant from the National Endowment for the Arts (NEA). The grant will be used to support a new Civic Arts grant program totaling $60,000 to begin in Fiscal Year 2025 (FY25). The NEA grant will be used to underwrite a new program designed to support the following types of arts and cultural programming in the City of Berkeley: -Nonprofit (not-art specific) organizations located in the City of Berkeley wishing to produce arts/cultural programming in the City of Berkeley led by a partnering arts organization or teaching artist; or -Arts nonprofit organizations located in the Greater Bay Area (outside of Berkeley) wishing to produce arts/cultural programming taking place in the City of Berkeley.
Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530 Action: Adopted Resolution No. 71,156–N.S.
Consent Calendar
Tuesday, January 16, 2024 MINUTES Page 5
7. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on January 16, 2024
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 - $3,434,341
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Approved recommendation.
8. Contract: Healthy Black Families for Housing Preference Policy Outreach and Education
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute a contract and any amendments with Healthy Black Families (HBF) to provide outreach and education activities related to the Housing Preference Policy (HPP) from January 17, 2024 to January 17, 2025, in an amount not to exceed $70,400.
Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,157–N.S.
9. Contract No. 32300203 Amendment: Hansine Fisher & Associates for Targeted Case Management, Medi-Cal Administrative Activities, CalAIM Enhanced Care Management Consulting Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 32300203 for $73,060 and any additional amendments or extensions, with Hansine Fisher & Associates for Targeted Case Management (TCM) consulting services. The contract amendment’s not-to-exceed amount will be increased to a total of $172,600 for the period July 1, 2023 through June 30, 2024.
Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,158–N.S.
10. Contract No. 32300134 Amendment: Bonita House for Specialized Care Unit Provider
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to amend Contract No. 32300134 with Bonita House to add $11,500 of state Crisis Care Mobile Units (CCMU) grant funding for a not-to-exceed amount of $4,579,500.
Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,159–N.S.
Consent Calendar
Tuesday, January 16, 2024 MINUTES Page 6
11. Revenue Contract: Funding from Berkeley Unified School District for First Aid Services at the Berkeley High School Health Center
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute a contract and any resultant revenue agreements and amendments with the Berkeley Unified School District to conduct first aid services at the Berkeley High School Health Center with the projected total amount of $920,557 for July 1, 2023 to June 30, 2028.
Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,160–N.S.
12. Correcting Effective Date for Salary Range Adjustments of Select Local One Supervisors
From: City Manager
Recommendation: Adopt a Resolution amending Resolution No. 70,993-N.S. and correcting the effective date of the increase in the salary range of select Local One supervisors – namely, Senior Building Maintenance Supervisor, Senior Equipment Supervisor, Senior Public Works Supervisor, and Senior Solid Waste Supervisor – from January 1, 2023 to December 1, 2022.
Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 71,161–N.S.
13. Contract No. 32200162-1 Amendment: ThirdWave Corporation for Professional Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32200162 with ThirdWave Corporation for professional services for an amount not to exceed of $230,000 for a total contract value not to exceed $275,000 through June 30, 2025.
Financial Implications: See report
Contact: Kevin Fong, Information Technology, (510) 981-6500 Action: Adopted Resolution No. 71,162–N.S.
Consent Calendar
Tuesday, January 16, 2024 MINUTES Page 7
14. Contract No. 32100080-1 Amendment: Assetworks LLC Software Modules and Professional Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32100080 with AssetWorks, LLC to provide additional software modules and professional services extending the term of the contract through December 31, 2028, increasing the amount by $270,000, for a total not-to-exceed amount of $757,249.
Financial Implications: See report
Contact: Kevin Fong, Information Technology, (510) 981-6500 Action: Adopted Resolution No. 71,163–N.S.
15. Grant Application: Caltrans Sustainable Transportation Grant Program for the Interstate 80 at Aquatic Park Tide Tube Renovation Project From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or a designee to submit a grant application to the Caltrans Sustainable Transportation Planning Grant Program for the Interstate 80 at Aquatic Park Tide Tube Renovation Project; accept any grants; execute any resulting grant agreements and any amendments; and that Council authorize the implementation of the projects and appropriation of funding for related expenses, subject to securing the grants.
Financial Implications: Revenue - $535,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Item 15 removed from the agenda by the City Manager.
16. Grant Application: Cal Fire Wildfire Prevention Grants Program to mitigate hazardous tree conditions at Berkeley overnight camps
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to submit a CAL FIRE hazardous tree mitigation grant application in the amount up to $3 million; to accept the grant; to execute any resultant revenue agreements and amendments; and authorizing the implementation of the project and appropriation of funding for related expenses, subject to securing the grant.
Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,164–N.S. as revised in material submitted by the City Manager in Supplemental Communications Packet #2.
Consent Calendar
Tuesday, January 16, 2024 MINUTES Page 8
17. Contracts: As-needed Derelict Vessel and Debris Removal and Disposal Services
From: City Manager
Recommendation: Adopt three (3) Resolutions authorizing the City Manager to execute the following contracts, and any amendments, extensions, or other change orders for derelict vessel and debris removal and disposal services as-needed, each for a period of January 17, 2024 to January 16, 2026:
1. Lind Marine, for an amount not to exceed $162,000.
2. Power Engineering Construction, for an amount not to exceed $162,000.
3. Silverado Contractors, for an amount not to exceed $162,000.
Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,165–N.S. (Lind Marine); Resolution No. 71,166– N.S. (Power Engineering); and Resolution No. 71,167–N.S. (Silverado).
18. Prevailing Wage Requirements in the Southside Plan Area; Adding Berkeley Municipal Code Chapter 13.108
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code Title 13 to add Chapter 13.108 --Prevailing Wage Requirements in the Southside Plan Area to establish prevailing wage requirements for projects exceeding 50 units or 50,000 square feet in the Southside Plan Area.
Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Adopt first reading of Ordinance No. 7,893–N.S. Second reading scheduled for January 30, 2024.
Vote: Ayes – Taplin, Bartlett, Harrison, Hahn, Wengraf, Humbert, Arreguin; Noes – None; Abstain – Kesarwani.
19. Contract: Ethico for Whistleblower Hotline and Case Management Services From: Auditor
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Ethico for whistleblower hotline and case management software services for a total amount not to exceed $100,000 for the contract period of February 1, 2024 through January 31, 2027.
Financial Implications: General Fund - $100,000
Contact: Jenny Wong, Auditor, (510) 981-6750
Action: Adopted Resolution No. 71,168–N.S.
Council Consent Items
Tuesday, January 16, 2024 MINUTES Page 9
20. RFP for Development of West Berkeley Service Center From: Mayor Arreguin (Author), Councilmember Kesarwani (Author), Councilmember Sophie Hahn (Co-Sponsor), Councilmember Susan Wengraf (Co-Sponsor)
Recommendation: Refer to the City Manager to issue a Request for Proposal (RFP) for the development of the city-owned West Berkeley Service Center, (1900 Sixth Street), to permit site acquisition and construction of a 100-percent affordable housing project with the following key features: -Space on the ground floor of the building for administrative offices, community space and supportive services as currently provided by the City; -Maximizing the number of units under the existing zoning Mixed Use-Residential (MU-R) in conjunction with state law AB 1763 (2019); - A mix of unit sizes, including studios, one-bedroom, and two-bedroom units; -Require RFP applicants to include a plan for services provision and integration for the population(s) they propose to serve; -A preference for serving seniors and adults with mental health conditions while maintaining flexibility to serve other populations based on availability of funding.
The City Manager should also consider the feasibility of the following elements in the program design: -Universally designed housing for older adults with a portion of the units for assisted living and memory care; -A board and care facility with a minimum of 20 beds including space for staff and services; -Explore available federal, state, regional, local and private funding sources to finance the construction of a housing project, including with the potential target populations.
The issuance of an RFP should be timed to happen soon after funding for the development has been identified.
Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Item 20 rescheduled to February 13, 2024.
21. Black History Month Event Berkeley Juneteenth Association, Inc. 501(c)3:
Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Councilmember Bartlett (Author), Councilmember Hahn (Co-Sponsor) Recommendation: Adopt a Resolution approving the expenditure of funds, including $1,500 from the discretionary Council office budget of Vice Mayor Ben Bartlett, to the Berkeley Juneteenth Association, Inc. 501(c)3 for the Black History Month Event.
The funds will be relinquished to the City’s General Fund from the discretionary council office budget of Councilmember Ben Bartlett and the discretionary council office budgets of any other Councilmembers who wish to contribute.
Financial Implications: See report
Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130 Action: Adopted Resolution No. 71,169–N.S. revised to include contributions from the following Councilmembers up to the amounts listed: Mayor Arreguin - $250; Councilmember Humbert - $250; Councilmember Wengraf - $250; Councilmember Taplin - $250; Councilmember Hahn - $300; Councilmember Kesarwani - $100; Councilmember Harrison - $150.
Council Consent Items
Tuesday, January 16, 2024 MINUTES Page 10
22. Supporting the Installation of Permanent Chess/Games Tables on Telegraph Avenue and Proposing Resolution of Concerns at 2454 Telegraph Avenue (Reviewed by the Health, Life Enrichment, Equity, & Community Committee) From: Councilmember Hahn (Author), Councilmember Robinson (Co-Sponsor) Recommendation:
1. Refer to the FY2025 Budget Process $50,000 to support the installation of fixed or purchase of portable public chess/game tables on Telegraph Avenue, including at or near the intersection of Telegraph and Haste Streets, and potentially elsewhere in Berkeley to support development of a citywide chess & games facility.
2. Refer to the City Manager to explore the potential development of a parklet at or near the Telegraph/Haste intersection, potentially near the South/West corner (beyond the yellow loading area on Haste Street) and other potential locations for a parklet that could accommodate chess/game tables and the volume of community participation this activity generates. Staff should consider who is the appropriate entity to finance such an improvement.
3. Refer to the City Manager the development of a city-wide chess and game facilities program to integrate permanent chess/game nodes into park, curtilage, and/or sidewalk areas throughout Berkeley in a manner that encourages broad participation in and enjoyment of games and supports the building of community around these activities. Consider appropriate locations for nodes, installation of City- owned facilities, rules and regulations for use, and maintenance.
4. Direct the City Manager to explore entering into negotiations with the property owner at 2454 Telegraph Avenue to achieve an agreement that would result in upgrades and improvements to the building exterior/facade, create a landscaped perimeter around the exposed entry area, improve maintenance, and/or similar terms, in exchange for a reduction/waiver of accumulated fees.
Policy Committee Recommendation: To send Item 2 and Item 3 on the Policy Committee's agenda to the City Council as revised with a positive recommendation.
Proposed revisions include consideration of: financing of improvements; negotiations with property owner(s); rules relating to the public right-of-way; and support of city- wide program(s).
Financial Implications: See report
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150 Action: No action taken on Item 22.
Vote: Ayes – Bartlett, Harrison, Hahn, Arreguin; Noes – None; Abstain – Kesarwani, Taplin, Wengraf, Humbert.
23. Installation of a 3-way Stop at the Intersection of Hopkins and McGee From: Councilmember Hahn (Author), Councilmember Humbert (Co-Sponsor), Mayor Arreguin (Co-Sponsor), Councilmember Bartlett (Co-Sponsor) Recommendation: Direct the City Manager to install two additional stop signs at the intersection of Hopkins and McGee Streets, transforming the ‘T’ intersection into a 3- way stop, to be installed as soon as possible, and no later than July 31, 2024.
Financial Implications: See report
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150 Action: Approved recommendation.
Council Consent Items
Tuesday, January 16, 2024 MINUTES Page 11
24. City of Berkeley Support for Proposition 1 on March 5, 2024 Ballot From: Councilmember Wengraf (Author), Councilmember Hahn (Co-Sponsor), Councilmember Kesarwani (Co-Sponsor)
Recommendation: Adopt a Resolution in Support of California State Proposition 1 and request that the City Manager issue a press release indicating the City’s support.
Financial Implications: None
Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160 Action: Adopted Resolution No. 71,170–N.S.
25. Referral: Policies to Accommodate Chess (Reviewed by the Health, Life Enrichment, Equity, & Community Committee)
From: Councilmember Robinson (Author), Councilmember Harrison (Author), Councilmember Hahn (Co-Sponsor)
Recommendation:
Refer to the City Manager to explore legislative and policy alternatives for accommodating chess and games in the public right-of-way. Consideration should be given to ensure that use of tables and chairs does not unduly obstruct public sidewalks or complicate existing enforcement of rules relating to the public right-of- way.
Policy Committee Recommendation: To send Item 2 and Item 3 on the Policy Committee's agenda to the City Council as revised with a positive recommendation.
Proposed revisions include consideration of: financing of improvements; negotiations with property owner(s); rules relating to the public right-of-way; and support of city- wide program(s).
Financial Implications: See report
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170 Action: No action taken on Item 25.
Vote: Ayes – Harrison; Noes – None; Abstain – Kesarwani, Taplin, Bartlett, Hahn, Wengraf, Humbert, Arreguin.
Action Calendar – Public Hearings
Tuesday, January 16, 2024 MINUTES Page 12
26. Expansion of the Elmwood Business Improvement District, Levy Assessments in the District for 2025, and Authorize a Contract with the Elmwood Business Association (EBA) to receive assessment revenue
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion:
1. Adopt first reading of an Ordinance expanding the Elmwood Business Improvement District, amending Chapter 7.84 of the Berkeley Municipal Code (BMC) originally adopted by Ordinance No. 6,164-N.S.; and
2. Adopt a Resolution levying assessments in the Elmwood Business Improvement District for calendar year 2025 and giving the City Manager authority to contract with the Elmwood Business Association (EBA) to receive assessment revenue and spend it on improvements and activities authorized in the Ordinance and the Resolution of Intention: Resolution No. 71,099 -N.S.
Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530 Action: M/S/C (Arreguin/Taplin) to suspend the rules and allow for one-minute per speaker for Item 26.
Vote: All Ayes.
Action: M/S/C (Arreguin/Taplin) to suspend the rules and allow for a 15-minute public comment period for Item 26.
Vote: All Ayes.
Public Testimony: The Mayor opened the public hearing. 10 speakers.
M/S/C (Humbert/Hahn) to close the public hearing.
Vote: Ayes – Kesarwani, Taplin, Bartlett, Harrison, Hahn, Humbert, Arreguin; Noes – None; Abstain – None; Absent – Wengraf.
Action: M/S/C (Humbert/Hahn) to:
1. Adopt first reading of Ordinance No. 7,894–N.S. Second reading scheduled for January 30, 2024.
2. Adopt Resolution No. 71,171–N.S.
Vote: Ayes – Kesarwani, Taplin, Bartlett, Harrison, Hahn, Humbert, Arreguin; Noes – None; Abstain – None; Absent – Wengraf.
Action Calendar – New Business
Tuesday, January 16, 2024 MINUTES Page 13
27. Amending the Miscellaneous CalPERS Contract to (a) Eliminate PEPRA Cost Sharing for Unrepresented Employees (b) Add Paramedic and Limited Term EMT to Safety Category
From: City Manager
Recommendation: Adopt the Resolution of Intention and first reading of an Ordinance to amend the contract between the Board of Administration, California Public Employees’ Retirement System, and the City Council for the City of Berkeley (a) pursuant to California Government Code Section 20516 to eliminate the cost share contributions made on behalf of the City by PEPRA members of the Unrepresented Employees group, and (b) pursuant to California Government Code Section 20434 to add the Paramedic and Limited Term Emergency Medical Technician (EMT) classifications under the Safety category.
Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800 Action: 2 speakers. M/S/C (Arreguin/Hahn) to:
1) adopt Resolution No. 71,172–N.S. including materials provided in Supplemental Communications Packet #2.
2) adopt first reading of Ordinance No. 7,895-N.S. Second reading scheduled for February 13, 2024.
Vote: Ayes – Kesarwani, Taplin, Harrison, Hahn, Humbert, Arreguin; Noes – None; Abstain – None; Absent – Bartlett, Wengraf.
28. Consideration of Options for Berkeley High School Staff Parking From: City Manager
Recommendation: Receive information on several options for providing additional parking for Berkeley High School staff. Provide feedback to staff, which will then be shared with 2x2 Committee with the goal of identifying a mutually agreeable solution for both the school district and the City.
Financial Implications: See report
Contact: Anne Cardwell, City Manager's Office, (510) 981-7000 Action: Moved to Consent Calendar. Approved the recommended actions presented in Supplemental Communications Packet #2 from Councilmember Hahn, amended to only apply to Area C.
1. Direct the City Manager to issue permits to Berkeley High School pursuant to Berkeley Municipal Code Chapter 14.72, which allows the City to issue a number of permits equal to up to 60% of the school’s employees, in the same or other RPP Areas, in conformance with criteria found in Sections 14.72.080 and 14.72.105.
2. Direct the City Manager to issue such permits in RPP Area C, or in a combination of Areas C, J and/or E, in consultation with the Councilmember representing the majority of potentially impacted areas of RPP Areas C, J and E.
3. With respect to BMC Sections 14.72.080 (B) and 14.72.105(B)(1), (2), (3), and (6), the Berkeley City Council hereby takes the following actions:
Pursuant to BMC 14.72.105(B)(1), the Berkeley City Council finds that inadequate off- street parking for Berkeley High School exists and there is no financially feasible way of creating adequate off-street parking on the site of Berkeley High School. The cost estimated by BUSD is more than $25 million to create such parking; this cost is deemed
Action Calendar – New Business
Tuesday, January 16, 2024 MINUTES Page 14
infeasible considering other more important uses of funds to support Berkeley’s public schools and their students.
Pursuant to BMC 14.72.080(B), the Berkeley City Council finds that the following together satisfy the requirements that the “Department of Finance in consultation with the traffic engineering division” ensure permits issued “will not unduly be concentrated on a specific block front in any given residential permit parking area”:
Many BHS staff and teachers already park in areas adjacent to the school and therefore issuing permits will not substantially change the number of vehicles parking in these areas.
The size of potentially impacted RPP Areas is very large. The City Manager will consult with the Councilmember representing the majority of potentially impacted areas of RPP Areas C, J, and E
regarding issuance of permits.
The provisions of Section 14.72.105(B)(2) are satisfied with respect to the issuance of permits to Berkeley High School in light of the importance of the institution to the Berkeley Community and in light of severe constraints on BUSD and Berkeley High funds, which would result in the diversion of funds that otherwise are spent supporting students, teachers, and the uniquely important mission of Berkeley’s largest public high school, rendering BUSD/Berkeley High School functionally unable to lease or rent parking.
With respect to BMC 14.72.105(B)(6), the Berkeley City Council finds that the requirement to consider the “degree of impact on parking conditions for residents and merchants in the area” is satisfied by the following:
Requiring permits to be issued outside of RPP Area I, which includes the Downtown and South of Campus commercial districts.
Many BHS staff and teachers already park in areas adjacent to the school and therefore issuing permits will not substantially change the number of vehicles parking in these areas.
The size of potentially impacted RPP Areas is very large. The City Manager will consult with the Councilmember representing the majority of potentially impacted areas of RPP Areas C, J, and E regarding issuance of permits.
With respect to BMC 14.72.080(B)(3), the Berkeley City Council clarifies that the term “employee” includes all regular employees of Berkeley High School, whether full or part time, but does not include seasonal employees working less than four (4) months per year or independent contractors.
4. Refer to the 2x2 and City Manager to work with BUSD and Berkeley High School to explore needs, facilities, programs, and other options to increase use of alternative modes such as walking, biking, carpooling, and public transit by BHS employees and students.
5. Refer to the City Manager to study and explore needs, facilities, programs, and other options to increase use of alternative modes such as walking, biking, carpooling, and public transit by City of Berkeley employees, and the availability, cost, and equitable distribution of parking opportunities, if any, made available by the City of Berkeley to employees.
6. The City Council respectfully requests that BUSD consider formally withdrawing from planning for a garage facility to be constructed on BHS/BUSD property on Milvia Street in downtown Berkeley and consider other uses for the property that directly support educational, health, leadership, recreational and other needs of Berkeley High Students.
Council Action Items
Tuesday, January 16, 2024 MINUTES Page 15
29. Referral: Neighborhood-Scale Commercial (Reviewed by the Land Use, Housing, & Economic Development Committee)
From: Councilmember Robinson (Author), Councilmember Bartlett (Author), Councilmember Taplin (Author)
Recommendation: Refer to the City Manager and Planning Commission to consider and develop policies to permit neighborhood-scale retail uses in residential zones to increase economic opportunity, vitality, and walkability in Berkeley neighborhoods.
Changes may include zoning alterations or modifications to use permit requirements.
In order to inform any potential policy changes, staff should conduct analysis and outreach to understand the market demand for neighborhood-scale commercial uses and consider best practices from other municipalities.
Staff and the Planning Commission should consider conditions and development of performance standards to avoid detrimental impacts on surrounding residential uses and neighborhoods, including but not limited to limitations on noise, odors, smoke, waste generation, operating hours, signage, loading/unloading activity, setbacks, tenant protections, limitations on selling alcohol for on-site consumption, considerations for ADA compliance, restricting applicants to businesses with fewer than three locations, and establishing different permitting requirements depending on square footage, proposed use, or other factors.
Policy Committee Recommendation: To send the item as revised to the City Council with a positive recommendation.
Financial Implications: See report
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170 Action: Moved to Consent Calendar. Approved the item as recommended by the Land Use, Housing, & Economic Development Committee with the following amendment.
“Refer to the City Manager and Planning Commission to consider and develop report back on policies to permit neighborhood-scale retail uses in residential zones to increase economic opportunity, vitality, and walkability in Berkeley neighborhoods.”
30. Adopt an Ordinance Adding Chapter 12.75 to the Berkeley Municipal Code to Establish Protections Relating to Horses Held, Owned, Used, Exhibited, or Otherwise Kept for Racing or Other Sport, Entertainment or Profit (Reviewed by the Health, Life Enrichment, Equity, & Community Committee) From: Councilmember Harrison (Author)
Recommendation: Adopt an Ordinance Adding Chapter 12.75 to the Berkeley Municipal Code to Establish Protections Relating to Horses Held, Owned, Used, Exhibited, or Otherwise Kept for Racing or Other Sport, Entertainment or Profit.
Policy Committee Recommendation: Send the item to Council with a qualified positive recommendation to approve the Ordinance with substantial edits and as may be necessary for legal and administrative purposes.
Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140 Action: Item 30 continued to June 25, 2024.
Tuesday, January 16, 2024 MINUTES Page 16
Information Reports
31. FY 2023 Preliminary Year-End Status
From: City Manager
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000 Action: Received and filed.
Adjournment
Action: M/S/C (Arreguin/Taplin) to suspend the rules and adjourn the meeting.
Vote: Ayes – Kesarwani, Taplin, Harrison, Hahn, Humbert, Arreguin; Noes – None; Abstain – None; Absent – Bartlett, Wengraf.
Adjourned at 9:01 p.m.
I hereby certify that the foregoing is a true and correct record of the regular meeting held on January 16, 2024.
________________________
Mark Numainville, City Clerk
Communications
Item #5: Extension of Declaration of Homeless Shelter Crisis
1. Irene Rice
2. Vianney Gonzalez, on behalf of Extra Space Storage
3. Elsa and Matt Esch
4. Stephanie Lowe
Item #30: Adopt an Ordinance Adding Chapter 12.75 to the Berkeley Municipal Code to Establish Protections Relating to Horses Held, Owned, Used, Exhibited, or Otherwise Kept for Racing or Other Sport, Entertainment or Profit
5. Tweed Conrad
6. C. Scott Chaney, Executive Director, California Horse Racing Board BART Development
7. Melanie Lawrence and John Smail
8. Friends of Adeline
9. Chris Gilbert
Crime
10.Richard Robbins, on behalf of Wareham Development
Communications
Tuesday, January 16, 2024 MINUTES Page 17
11.Seamus Kelly
12.Ray Sharma, on behalf of Gora, Inc. (2)
13.Ilana Pearlman
14.David Lerman
15.John Parman
Safe Streets
16.Danielle Hacker
17.Ben Gould
18.John Parman
19.Alfred Twu
20.Sean
Street Paving
21.Susan Orbuch
22.Pamela Rudd
23.Alicia Telford
24.Clare and Dianna Mullins
25.Barbara Gilbert
26.Bryce Nesbitt
27.Ray Freeman
28.Kenny Yip
29.Laura Louis
30.Elizabeth Kloian
31.Lisa Chow
32.Diane Garcia
33.Kay Englund
34.Karen Nady
35.John Malork
36.Mario Aranha
37.Peggy Radel
Bus Service
38.Minar Aware
39.Luoping Zhang
40.Erin Baudo Felter
41.Grank Fletcher
Winter Shelter
42.Christoverre Kohller
43.Elana Auerbach
44.Moni Law
45.Diana Bohn
Mental Health
Communications
Tuesday, January 16, 2024 MINUTES Page 18
46.Moni Law
47.Eddie Bui
Minimum Wage
48.Henry Beadles
Farmers Market Porta Potties
49.Donna Mickleson
$14M Budget Update
50.Eric Friedman
Uber/Lyft
51.Wendy Alfsen
52.David Lermam
Brown Act
53.Berkeley People’s Alliance
54.Anna Armstrong
Ohlone Greenway
55.Cindi Goldbert
Save Theaters
56.Salli Lundgren
Cup of Water Price
57.Jennifer Fisher
Tenants Opportunity to Purchase Act
58.Sierra Club, Northern Alameda County Group
Restaurant Inspections
59.Eric Friedman
Emissions Footprint
60.Corinne Scown
930 Harrison Street
61.Yessica Prado
#Giving Tuesday
62.Eric Friedman
People’s Park
Communications
Tuesday, January 16, 2024 MINUTES Page 19
63.Carol Hirth
64.Diana Bohn
Library
65.Eric Friedman
Duplex Owners
66.Rick Maisel
URL’s Only
67.John Parman
68.Vivian Warkentin (4)
Israel/Gaza
69.Sadaf Qazi
70.Ilana Pearlman
71.Hillary Kilimnik
72.Jennifer Carmona
73.Richard Tamm
74.Vladlena Gulchin
75.Rachel Factor
76.Sofia Pavlova
77.Linda Wulf
78.David Kilimnik
79.Blair Fingerhut
80.Lori Pottinger
81.Dorothea Dorenz
82.Joshua Schnoll
83.Laura Schmidt
84.Matt Lasner
85.Jaleh Niazi
86.Nancy Bickel
87.Sandy Schwarcz
88.czwolf@
89.John Blaustein
90.Craig Peterson
91.Michelle Chen
92.Anne Pescatello and Bonnie Wade
93.Jim Hynes
94.Tony Warwick
95.Mati Teiblum
96.Bohun Kinloch
97.Barbara Vaughan
98.Michael Salveson
99.Andrea and Stan Washburn
100. David Biale
Communications
Tuesday, January 16, 2024 MINUTES Page 20
101. Fran Segal
102. Susan Brand
103. Dave Kent
104. Judith and Stanley Lubman
105. Christina Crowley
106. Brett Mendel
107. Lori Berenson
108. Moni Law
109. Maya B.
110. Fateme Montazeri
111. Beatriz Manz
112. Luqman Saib
113. Caroline Lucas
114. Rohan Sabnis
115. Daniel Frydman
116. Mitch Cohen
117. Keith Watts
118. Robin Blum
119. Pamela Drake
120. Abigail Tolby
121. Jack Kurzweil
122. Veena Nambiar
123. James Nelson
124. Enikia Ford Morthel
125. David Kilimnik
126. Christine Lee
127. Christina Harb
128. Ellen Feigenbaum
129. Peter Schwab
130. Lori Berenson
131. Karin Vosgueritchian
132. Isa Hoffman
133. Amy Cummings
134. Emma Koeze
135. Lisa Jervis
136. Terry Mandel
137. Richard Fish
138. Sylvia Santillanez
139. Bob Flasher
140. Elana Auerbach
141. Chrissy Hoffman
142. Tasneem Nomnabhai
143. Debra Barach
144. Karen Carroll
145. Kiernan Rok
146. Barbara Erickson
Communications
Tuesday, January 16, 2024 MINUTES Page 21
147. Carl Nelson
148. Dorothea Dorenz
149. Lea Zalinskis
150. Daniel Goldstein
151. Clyde Leland
152. Jim Gilbert
153. Lillie Brum
154. Deb Fink
155. Luqman Saib
156. Jean Weininger
157. Ronnie Cohen
158. Martin and Jill Dodd
159. Jerry Berkman
160. Emily Brod
161. Jenny Wenk
162. Katya Gerwein
163. Karen Olson
164. Susan Matisoff
165. Candace Hyde-Wang
166. Judi Doyle
167. Raphael Goldman
168. Susan Orbuch
169. Jenna Lewis
170. Todd Andrew
171. Robert Zucker
172. Bronya Feldmann
173. Barbara Schick
174. Dorothea Dorenz
175. Karen Weinstein
176. Deborah Leeds
177. Susan Oliver
178. Daren Fields
179. Carmen de Monteflores
180. Janis Pearson
181. Mary Stapleton
182. rdurling@
183. Lean and John Rosenthal
184. Michael Lonergan
185. Verna Winters
186. Huzaifa Ahmad
187. Hope Alper
188. Ellen Feigenbaum
189. Monika Mann
190. Sarah Goldstein
191. Anirvan Chatterjee
192. John Hitchen
Communications
Tuesday, January 16, 2024 MINUTES Page 22
193. Ilene Lee
194. Shelley Horwitz
195. Malka Weitman
196. Eric Strauss
197. Robin Blum
198. Debbi
199. Jerry Skrainar
200. Mary Louise Zernicke
201. Martha Staskawi
202. Michael Cassidy
203. Lubat Asadova
204. Auzeef Ramzan Ali
205. Rachel Stevensen
206. Lionel Chocron
207. Esther Brass-Chorin
208. Barbara Mathew Smith
209. Vincent Casalaina
210. Judy Logan
211. Revi Sagee
212. Rabbi Adam Naftalin-Kelman
213. Rebecca Landes
214. Joan Bradus
215. Matthew Lasner
216. Stuart Cohen
217. Sofia Pavlova
218. Tom and Jane Kelly
219. Noah Alper
220. Andrea Medrano
221. Nancy Sader
222. Ruth Ehrenkrantz
223. Joan Hart
224. Carol Hirth
225. Harry Delmer
226. Linda Strean
227. Councilmember Harrison
228. Barbara Gilbert
229. Peggy Harris
230. Christina Harb
231. Laura Atkins
232. Robert Bonem
233. M. Audrey Gardner
234. Stefano DellaVigna
235. Mary Wrenn
236. Catalina Ruiz-Healy
237. Itamar Landau
238. Lowell Finley
Communications
Tuesday, January 16, 2024 MINUTES Page 23
239. Michael Gardner
240. Rochelle Blumenfeld
241. Stephen Morris
242. Fran Haselsteiner
243. Vicki Sommer
244. Richard Swartz
245. Dianna Dar
246. Helen Marcus
247. Robin Kojima
248. Richard Keene
249. Steve Scholl
250. Jessica Behrman
251. Mia Reid
252. Andrea Prichett
253. Barbara Vaughan
254. Gloria Schild
255. Nancy Rader
256. Scott West
257. Robsun Coaching
258. Jane Schoenfeld
259. Alan Pearson
260. Dan and Lynne Fingerman
261. Holly Smith
262. Barbara Lewis
263. Tali Ziv
264. Jim Blume
265. Alan Schoenfeld
266. Colleen Busch
267. Patricia Kipnis
268. Bill Powning
269. Rabbi Yonatan Cohen
270. Eric Friedman
271. Rebecca Brams
272. Ruth Muscehl
273. Andrea Cassidy
274. Elizabeth Horowitz
275. Jessica Abbe
276. Stuart Kelman
277. Ivan Diamond
278. Teresa Wong
279. Janice Pardoe
280. Alison Lingo
281. Issy Kipnis
282. Geri Degen
283. Steve Meyers
284. Paul Jacobs
Communications
Tuesday, January 16, 2024 MINUTES Page 24
285. John Light
286. Marsha Gale
287. Sarah Baughn
288. Elisabeth Goldstein
289. Richard Marcus
290. Liz Hoadley
291. Katherine Mapes-Resnik
292. Joan Sarnat
293. William Guynn
294. Isabelle Gaston
295. Rick Maisel
296. Gail Nanao
297. Wendy Bloom
298. Gytta Papier
299. Michael Scandling
300. Shelley Golomb
301. Jennifer Mary Pearson
302. Esta Brand
303. Michael Juster
304. Simone Hoelck
305. Susan Schickman
306. Susan Frankel and Moshe Maler
307. Barbara Gross Davis
308. Catherine de la Pena
309. Susan Goldstein
310. Elaine Jackson
311. Neil Lupa
312. Ellen Weinreb
313. Ruth Berins Collier
314. Bill Miner
315. Lili Naveh
316. Abigail Tolby
317. Namita Chandra
318. Roni Con
319. Francesca Mejia
320. Rachel Eryn Kalish
321. Luqman Saib
322. Eric Friedman
323. Medodee
324. Miranda Lucia
325. Vish Soroushian
326. Allen Mayer
327. Laurie Dubin
328. Moni Law
329. Myriam Misrach
330. Hillary Kilimnik
Communications
Tuesday, January 16, 2024 MINUTES Page 25
331. Pascal Bensoussan
332. Lea Zalinskis
333. Luqman Saib
334. Andrea Waid
335. John Anderson
336. Andrew Fox
337. Susan Whitman
338. Kenneth Solnit
339. Dora Weinstein
340. Hillary Kilimnik
341. Doug Herst
342. Anna Henry
343. David Davis
344. Diana Bohn
345. Judd
346. Abigail Tolby
347. Mikelle Emanuel-Shoham
348. Roxana Dhada
349. Karin Vosgueritchian
350. Dorthea Dorenz (2)
351. Amodini Choudhary
352. Desmid Lyon
353. Olivia Lapinsky
354. Eyyad Haddad
355. Janice Schroeder
356. Muniba Ahmed
357. Felisa Simon
358. Amber Yada
359. Yossi Fendel
360. Arushi Kalam
361. Eyman Elzarka
362. Leslie Valas
363. Samira
364. Zachary Weed
365. Phoebe Thomas Sorgen
366. Yoel Kahn
367. Anthony Stone
368. Dhoha Bareche
369. Bruce Feingold
370. Michelle Brenner
371. Thomas Luce
372. Sophia Elkin
373. Denah Bookstein
374. Somaya Abdelgany
375. Georgia Maslowski
376. Madeeha Khan
Communications
Tuesday, January 16, 2024 MINUTES Page 26
377. Anne Ellis
378. Rachel Gita Schiff
379. Jan Leuin
380. Rabbi Chai Levy
381. Milo Anjelo
382. Yael Chaver
383. Amy Gordon Risz
384. Baruch Kadish
385. Alison Griffith
386. Arbel Shemesh
387. Igor Tregub
388. Jane Diamond
389. Michelle Brenner
390. Barbara Schick
391. Ann Garrison
392. Hind Eliyan
393. Iris Greenberg-Smith
394. Aharon Hochbaum
395. Kay Englund
396. Karen Weil
397. Elsa Tranter
398. Dorit Hochbaum
399. Joan Wagger
400. Bobbie Steinhart
401. Josh Greenbaum
402. Ory Sandel
403. Judith Breakstone
404. Oleg Ivanov
405. Susanne DeWitt
406. Ayana Davis
407. Madeline Feingold
408. Skye Lovett
409. Jo Ilfeld
410. Lois Wolf
411. Sally Nelson
412. Dor Abrahamson
413. Nimrod Pitsker Ellas
414. Terry Friedkin
415. Kaeilyn Moss
416. Judy Chess
417. Mark Morris
418. Nancy Klein
419. John Citron
420. Benjamin Fleischman
421. David Kafton
422. Steven Segal
Communications
Tuesday, January 16, 2024 MINUTES Page 27
423. Jerry Berkman
424. Ditsa Pines
425. Charles and Deborah Koppelman
426. Saturn McCoy
427. Felisa Simon
428. Gabriela Kipnis
429. Howard Miller
430. Eli Dsko
431. Susanne DeWitt
432. Robert Bonem
433. William Rosen
434. Alan Kittner
435. Chloe Novak
436. Gabriela Kipnis
437. Stanley Wulf
438. Gabriella Kellerman
439. Jeff Stein
440. Birger Stamperdahl
441. Noga Alon
442. David Kafton
443. Judy Massarano
444. William Guynn
445. Susan Heitler
446. Soshana Gross
447. Rhoda Agin
448. Ilona Sturm
449. Leslie Valas
450. Elana Auerbach
451. Liron Ouziel
452. Deborah Sosebee
453. Miriam Ferris
454. Marin McCoy
455. Susanne DeWitt
456. Ly Tran
457. Melodee Au
458. Antoinette Siguenza
459. David Socholitzky
460. Coco Kennedy
461. Alex Gumbs
462. Amy Cummings
463. Jules
464. Cierra Cardenas
465. Sylvia
466. Jennifer Fechner
467. Anna Henry
468. Jude Berman
Communications
Tuesday, January 16, 2024 MINUTES Page 28
469. Robert Stamper
470. Sofia Pavlova
471. Hagar Scher
472. Riley Abeles
473. Amy Cummings
474. Miriam Barrere
475. Elissa Kittner
476. Dan Fendel
477. Desmid Lyon
478. Kinneret Katz
479. Eids TV
480. Dorothea Dorenz
481. Deborah Shaw
482. Aliza Elias
483. Joanne Donsky
484. Yafit Shriki-Magidash
485. Paul Lee
486. Marc Sapir
487. Liron Ouizel
488. Jay Park
489. Stephanie Green
490. Helane Zeiger
491. Nicole Chabot
492. Judith Tabb
493. Stefano Schiavon
494. John Rosenberg and Diane Gerstler
495. Jil Geller
496. Laurene Wu McClain
497. Tami Rowen
498. Andrea Cohen
499. Michael TenBrink
500. Andy Hanauer
501. Lean and John Rosenthal
502. Patrice Ignelzi
503. Donna DeDiemar
504. Jim Jones
505. Ben Ringler
506. Alan Shindel
507. Karen Weinstein
508. David Ritvo
509. Rachel Bradley
510. Darya Kavitskaya
511. Denise Resnikoff
512. Jennifer Lewis
513. Rebekah Stern
514. Cassidy Kelly
Communications
Tuesday, January 16, 2024 MINUTES Page 29
515. Robert Bonem
516. Hagar Scher
517. Itamar Landau
518. Brian Rosenberg
519. Rachel Gita Schiff
520. Dmitriy Ryaboy
521. Ariel Lev
522. Noga Ravid
523. Isaac Turiel
524. Margery Eriksson and James Nelson
525. Judd Goodman
526. Gary Grimm
527. Sandy Curtis
528. Colleen Busch
529. Jean Weininger
530. Sherry Smith
531. Lauren Kubiak
532. Gretchen Brandt
533. Mona Bernstein
534. Emily Fox
535. Lisa Miller
536. Phyllis Steiber
537. Norman Postone
538. Iola Vollen
539. Jay Park
540. Fran Haselsteiner
541. Barbara Gilbert
542. Todd Andrew
543. Stephen Woodrow
544. Raphael Goldman
545. Nick and Emily Brod
546. Andrew Bestwick
547. Megan Hall
548. Eric Friedman
549. Ayelet Waldman
550. Peggy Orenstein
551. Michael Bauce
552. Melissa Chapman
553. Marvin Engel
554. Gabrielle Hazan
555. Jaclyn Phi
556. Arthur and Sheila Braufman
557. Luqman Saib
558. Rebecca Perlman
559. Peter Bruce DuMont
560. Chris Koenig
Communications
Tuesday, January 16, 2024 MINUTES Page 30
561. Summer Brenner
562. Ly Tran
563. Liberty Schubert
564. Noga Ravid
565. Barryett Enge
566. Leah Amzel
567. Talia Dixon
568. Ilana Pearlman
569. Kim Friedman
570. Mikelle Emanuel Shoham
571. Madeline Pignetti
572. Yoni Brenner
573. Chris Koenig (2)
574. Sommer Iqbal
575. Karina Sando
576. Bay Area Educators for Palenstine
577. Sally Nelson
578. Isaac Kaplan
579. Tammy Hardin
580. James Tabor
581. Shanna Baron
582. Tal Garner
583. Jason Spangenthal
584. Marcelo Vaz
585. Michael Solorio
586. Michelle Lessans
587. Maryum Styles
588. Michael Steinberg
589. Moni Law
590. Nora Shourd
591. Esther Brass
592. Hillary Kilmnik
593. Roy Elis
594. Shoshana Beary
595. Mark Brody
596. Jennifer Splansky Jester
597. Rachel Factor
598. Jamie Epstein
599. Sara Shendelman
600. Arbel Shemesh
601. Wynd Kaufmyn
602. Rebecca Soffer and Alberto Malvestio
603. Leah Amzel
604. Lindsay Vurek
605. Brett Mendel
606. Stacey Hara
Communications
Tuesday, January 16, 2024 MINUTES Page 31
607. Laila Stone
608. Deb Fink
609. Shani Stolero
610. David Davis
611. Mimi Schultz
612. Helmi Abdellatif
613. Kiara Bragg
614. Jaiden Feldman
615. Daniel Milutin
616. Paul Lee
617. Khalid Kishawi
618. Cheryl Davila (2)
619. Nritkaar Dhesi
620. Berkeley Federation of Teachers
621. Chloe Novak
622. Diana Bohn (2)
623. Amy Cummings
624. Russbumper (2)
625. 41 similarly-worded form letters - “Ceasfire Now”. (Letters are on file at the City Clerk’s Office)
626. 194 similarly-worded form letters - “Demand for the People”. (Letters are on file at the City Clerk’s Office)
627. 323 similarly-worded form letters – “Urgent Appeal”. (Letters are on file at the City Clerk’s Office)
628. 545 similarly-worded form letters – “Urgency Item”. (Letters are on file at the City Clerk’s Office)
629. 2091 similarly-worded form letters – “Vote No”. (Letters are on file at the City Clerk’s Office)
Supplemental Communications and Reports 1
Item #30: Adopt an Ordinance Adding Chapter 12.75 to the Berkeley Municipal Code to Establish Protections Relating to Horses Held, Owned, Used, Exhibited, or Otherwise Kept for Racing or Other Sport, Entertainment or Profit 630. Lisa Lazarus, on behalf of Horseracing Integrity and Safety Authority 631. Donald Smith (2)
632. Keith Kleine, on behalf of American Association of Equine Practitioners 633. Jordyn Egan, on behalf of the California Thoroughbred Horsemen’s Foundation Supplemental Communications and Reports 2
Item #16: Grant Application: Cal Fire Wildfire Prevention Grants Program to mitigate hazardous tree conditions at Berkeley overnight camps
634. Revised material, submitted by Parks, Recreation and Waterfront Item #20: RFP for Development of West Berkeley Service Center
Tuesday, January 16, 2024 MINUTES Page 32
635. Andra Lichtenstein, on behalf of Ashby Village
Item #23: Installation of a 3-way Stop at the Intersection of Hopkins and McGee 636. Jim Offel and Nancy Newin
637. Jo Anne Wallace
638. Bill Hickman
639. Pamela Zelnik
640. Charles Almy
641. Isabelle Gaston
642. David Brandon
643. Gar Smith
644. Susan McKearnan
645. S. Entwistle
646. Hellen Guerrant Toy
647. Ellen, Glenn and Same Franzen
648. Bill Chambers
649. Roy Whalin
650. Michael Frantz
651. Keith Nason
652. David Coolidge
653. Melanie O’Hare
654. David Spinner
655. Carol Hirth
656. Janet Jacobson
657. Loretta Janca
658. Robert Wilkinson
659. Tom Edwards
Item #27: Amending the Miscellaneous CalPERS Contract to (a) Eliminate PEPRA Cost Sharing for Unrepresented Employees (b) Add Paramedic and Limited Term EMT to Safety Category
660. Supplemental material, submitted by Human Resources Item #28: Consideration of Options for Berkeley High School Staff 661. Supplemental material, submitted by Councilmember Hahn 662. Jeffrey Jue
663. Ann Sperske
664. Laura Babitt
665. Irene Hegarty
666. Ray Yep
Item #30: Adopt an Ordinance Adding Chapter 12.75 to the Berkeley Municipal Code to Establish Protections Relating to Horses Held, Owned, Used, Exhibited, or Otherwise Kept for Racing or Other Sport, Entertainment or Profit 667. Fred Sarver, on behalf of USA Equestrian Trust
668. Karen Adams, on behalf of US Equestrian
669. Alan Balch, on behalf of the California Thoroughbred Trainers 670. Nicole Norris, on behalf of the California Professional Horsemen’s Association
Tuesday, January 16, 2024 MINUTES Page 33
671. Georgy Maskrey-Segesman, on behalf of Pacific Coast Horse Shows Association 672. Marnye Langer
673. Marla Zanelli
674. Donald Smith
675. Julie M. Broadway, on behalf of the American Horse Council 676. David Blackwell
677. Ingmar De Vos, on behalf of Federation Equestre Internatinale 678. Ellen (2)
679. Craig Fravel, on behalf of the Golden Gate Fields
Supplemental Communications and Reports 3
Item #23: Installation of a 3-way Stop at the Intersection of Hopkins and McGee 680. Barbara Gilbert
681. Shirley Kirsten
Item #28: Consideration of Options for Berkeley High School Staff 682. Amanda Daly
683. Belinda Lesser
684. Regina Chagolla
685. Ana Vasuedeo
686. Fatemeh Mizbani
Item #30: Adopt an Ordinance Adding Chapter 12.75 to the Berkeley Municipal Code to Establish Protections Relating to Horses Held, Owned, Used, Exhibited, or Otherwise Kept for Racing or Other Sport, Entertainment or Profit 687. Alan French
688. TC Conrad
689. Christopher Kroll
Miscellaneous Communications
690. Travis Castle, on behalf of Path To Humanity
691. Urban Ore
692. Comments from Mr. Eid
693. Ceasefire, on behalf of SEIU Local 102
Wednesday, January 17, 2024 MINUTES Page 1
B E R K E L E Y C I T Y C O U N C I L
S P E C I A L M E E T I N G M I N U T E S
WEDNESDAY, JANUARY 17, 2024
10:15 A.M.
2180 MILVIA STREET, BERKELEY, CA 94704 – REDWOOD ROOM
TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY, CA 94708
JESSE ARREGUIN, MAYOR
Councilmembers:
DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – VACANT
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.
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/1614943256. 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:
161 494 3256. 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 2
Wednesday, January 17, 2024 MINUTES Page 2
Preliminary Matters
Roll Call: 10:20 a.m.
Present: Taplin, Harrison, Hahn, Wengraf, Humbert, Arreguin
Absent: Kesarwani, Bartlett
Public Comment - Limited to items on this agenda only – 0 speakers CLOSED SESSION:
The City Council will convene in closed session to meet concerning the following:
1. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1) & (2):
a. Berkeley Landfill Regular Variance Application, Bay Area Air Quality Management District, Hearing Board Docket No. 3742
b. Air Pollution Control Officer v. Berkeley Landfill, Bay Area Air Quality Management District, Hearing Board Docket No. 3747
c. Bay Area Air Quality Management District, Notice of Violation Nos. A58778, A58784, A58787, A58802, A58845, A58851, A61731
Action: No reportable action taken.
OPEN SESSION:
No reportable action taken.
Adjournment
Adjourned at 11:30 a.m.
I hereby certify that the foregoing is a true and correct record of the closed session meeting held on January 17, 2024.
________________________
Mark Numainville, City Clerk
Monday, January 22, 2024 MINUTES Page 1
M I N U T E S
S P E C I A L M E E T I N G O F T H E
B E R K E L E Y C I T Y C O U N C I L
Monday, January 22, 2024
10:00 AM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY, CA 94708
JESSE ARREGUIN, MAYOR
Councilmembers:
DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – VACANT
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/1616910770 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: 161 691 0770. 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 3
Monday, January 22, 2024 MINUTES Page 2
Preliminary Matters
Roll Call: 10:08 a.m.
Present: Kesarwani, Taplin, Bartlett, Harrison, Wengraf, Humbert, Arreguin
Absent: Hahn
Councilmember Hahn present at 10:14 a.m.
Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 29 speakers.
Action: M/S/C (Arreguin/Hahn) to adopt the Consent Calendar in one motion except as indicated.
Vote: All Ayes.
Consent Calendar
1. Calling for a Special Municipal Election for April 16, 2024 to fill the City Council District 7 Vacancy
From: City Manager
Recommendation: Adopt a Resolution: a) Calling for a Special Municipal Election to be held in Berkeley on April 16, 2024 to fill the City Council District 7 vacancy; b) Requesting that the Alameda County Board of Supervisors authorize the Registrar of Voters to provide election administration services for the special election; c) Authorizing certain procedural and contractual actions; and d) Establishing policies for the filing of candidate statements of qualification.
Financial Implications: See report
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Adopted Resolution No. 71,173–N.S.
2. Amendment to Council Rules of Procedure and Order – Amplified Sound and Decorum
From: Mayor Arreguin (Author)
Recommendation: Adopt a Resolution updating the Council Rules of Procedure and Order to prohibit the use of amplified sound in Council meetings and rescinding Resolution No. 70,961-N.S.
Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Adopted Resolution No. 71,174–N.S. amended to remove the reference to the Government Code Section 54957.9 in Chapter V, Paragraph C.
Consent Calendar
Monday, January 22, 2024 MINUTES Page 3
3. Temporary Hiatus for City Council Policy Committees
From: City Manager
Recommendation: Adopt a Resolution enacting a temporary hiatus for City Council policy committee meetings from January 22, 2024 to March 1, 2024, with certain exceptions, due to the vacancy in District 7 and the special election to fill the vacancy.
Financial Implications: See report
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Adopted Resolution No. 71,175–N.S. amended to change the end of the hiatus from March 1 to May 1.
Vote: Ayes – Kesarwani, Taplin, Bartlett, Hahn, Wengraf, Humbert, Arreguin; Noes – Harrison.
Adjournment
Action: M/S/C (Arreguin/Taplin) to adjourn the meeting.
Vote: All Ayes.
Adjourned at 11:47 a.m.
I hereby certify that the foregoing is a true and correct record of the special meeting held on January 22, 2024.
________________________
Mark Numainville, City Clerk
Communications
None
Supplemental Communications and Reports 1
None
Supplemental Communications and Reports 2
None
Supplemental Communications and Reports 3
None
Tuesday, January 23, 2024 MINUTES Page 1
B E R K E L E Y C I T Y C O U N C I L
S P E C I A L M E E T I N G M I N U T E S
TUESDAY, JANUARY 23, 2024
3:00 P.M.
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY, CA 94708
JESSE ARREGUIN, MAYOR
Councilmembers:
DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – VACANT
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.
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/1604217623. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID:
160 421 7623. 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 4
Tuesday, January 23, 2024 MINUTES Page 2
Preliminary Matters
Roll Call: 3:08 p.m.
Present: Taplin, Harrison, Hahn, Wengraf, Humbert, Arreguin
Absent: Kesarwani, Bartlett
Councilmember Bartlett present at 3:36 p.m.
Public Comment - Limited to items on this agenda only – 2 speakers CLOSED SESSION:
The City Council will convene in closed session to meet concerning the following:
1. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(2):
a. Workers’ Compensation Case: ADJ Number: ADJ16352062
Action: M/S/C (Humbert/Harrison) to provide direction to outside counsel and approve a settlement by Compromise & Release, as to the workers’ compensation matter ADJ Number: ADJ16352062.
Vote: Ayes – Taplin, Harrison, Hahn, Wengraf, Humbert, Arreguin; Noes – None; Abstain – None; Absent – Kesarwani, Bartlett.
2. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO GOVERNMENT CODE SECTIONS 54956.9(a) and 54956.9(d)(1)
a. Service Employees International Union Local 1021, CSU/PTRLA v. City of Berkeley, Arb No. 21-0278
Action: No reportable action taken.
3. CONFERENCE WITH LABOR NEGOTIATORS; GOVERNMENT CODE SECTION 54957.6 Negotiators: Dee Williams-Ridley, City Manager, Anne Cardwell, Deputy City Manager, LaTanya Bellow, Deputy City Manager, Aram Kouyoumdjian, Human Resources Director, Jonathan Holtzman, Renne Public Law Group
Employee Organizations: Berkeley Fire Fighters Association Local 1227 I.A.F.F., Berkeley Fire Fighters Association, Local 1227 I.A.F.F. / Berkeley Chief Fire Officers Association; Berkeley Police Association; SEIU 1021 Community Services and Part-time Recreation Activity Leaders, SEIU 1021 Maintenance and Clerical, Public Employee Union Local 1, Unrepresented Employees Action: No reportable action taken.
4. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(2)
a. Significant exposure to litigation pursuant to Section 54956.9(d)(2): One (1) case. See attached letter from Law Office of Jonathan Weissglass.
Action: No reportable action taken.
Tuesday, January 23, 2024 MINUTES Page 3
OPEN SESSION:
City Council met in closed session on January 23, 2024, Pursuant to Government Code Section 54956.9(d)(2) and provided direction to outside counsel and approved a settlement by Compromise & Release, as to the workers’ compensation matter ADJ Number: ADJ16352062.
Adjournment
Action: M/S/C (Arreguin/Taplin) to adjourn the meeting.
Vote: Ayes - Ayes – Taplin, Bartlett, Hahn, Wengraf, Humbert, Arreguin; Noes – None; Abstain – None; Absent – Kesarwani, Harrison.
Adjourned at 6:11 p.m.
I hereby certify that the foregoing is a true and correct record of the closed session meeting held on January 23, 2024.
_________________________
Mark Numainville, City Clerk
Tuesday, January 23, 2024 MINUTES Page 1
M I N U T E S
S P E C I A L M E E T I N G O F T H E
B E R K E L E Y C I T Y C O U N C I L
Tuesday, January 23, 2024
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 – VACANT
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/1613079321 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: 161 307 9321 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 5
Tuesday, January 23, 2024 MINUTES Page 2
Preliminary Matters
Roll Call: 6:47 p.m.
Present: Taplin, Bartlett, Harrison, Hahn, Wengraf, Humbert, Arreguin
Absent: Kesarwani
Report from Closed Session
City Council met in closed session on January 23, 2024, Pursuant to Government Code Section 54956.9(d)(2) and provided direction to outside counsel and approved a settlement by Compromise & Release, as to the workers’ compensation matter ADJ Number: ADJ16352062.
Action Calendar
1. Reimagining Public Safety Status Report (Item contains supplemental material.) From: City Manager
Recommendation:
1. Review and discuss the provided status report from the City Manager with the goal of demonstrating transparency and facilitating informed council discussion towards the advancement of the Reimagining Public Safety initiative in Berkeley.
2. Provide comments on the Gun Violence Prevention program model report for Berkeley with the goal of facilitating informed council discussion.
Financial Implications: See report
Contact: Carianna Arredondo, City Manager's Office, (510) 981-7000 Action: 20 speakers. M/S/C (Taplin/Hahn) to approve the recommendation published in Supplemental Communications Packet #2:
1. Receive the Reimagining Public Safety Status Report from the City Manager’s Office;
2. Refer Alternative #3 (Problem Oriented Policing along Gun Violence Corridors+ Street Outreach Workers + SNA [Social Network Analysis] Focused Deterrence + Social Services) in 2023 Gun Violence Prevention report to the City Manager for Gun Violence Prevention implementation.
Vote: Ayes – Taplin, Bartlett, Harrison, Hahn, Humbert, Arreguin; Noes – None; Abstain – None; Absent – Kesarwani, Wengraf.
Adjournment
Action: M/S/C (Arreguin/Taplin) to adjourn the meeting.
Vote: Ayes – Taplin, Bartlett, Harrison, Hahn, Humbert, Arreguin; Noes – None; Abstain – None; Absent – Kesarwani, Wengraf.
Tuesday, January 23, 2024 MINUTES Page 3
Adjourned at 9:57 p.m.
I hereby certify that the foregoing is a true and correct record of the special meeting held on January 23, 2024.
________________________
Mark Numainville, City Clerk
Communications
None
Supplemental Communications and Reports 1
None
Supplemental Communications and Reports 2
Item #1: Reimagining Public Safety Status Report (Item contains supplemental material.)
1. Supplemental material, submitted by Councilmember Taplin Supplemental Communications and Reports 3
Item #1: Reimagining Public Safety Status Report (Item contains supplemental material.)
2. Presentation, submitted by the City Manager’s Office Miscellaneous Communications
3. Gun Violence – Mr. Eid
Tuesday, January 30, 2024 MINUTES Page 1
MINUTES
BERKELEY CITY COUNCIL MEETING
Tuesday, January 30, 2024
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 – VACANT
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/1600654738.
To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. To join by phone: Dial 1- 669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 160 065 4738. 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 6
Tuesday, January 30, 2024 MINUTES Page 2
Preliminary Matters
Roll Call: 6:03 p.m.
Present: Taplin, Harrison, Hahn, Humbert, Arreguin
Absent: Kesarwani, Bartlett, Wengraf
Councilmember Bartlett present at 6:10 p.m.
Councilmember Kesarwani present at 6:14 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: 21 speakers.
Action: M/S/C (Arreguin/Hahn) to accept an urgency item from Mayor Arreguin pursuant to Government Code Section 54954.2(b)(2) entitled Excused Absence for Councilmember Wengraf.
Vote: Ayes – Kesarwani, Taplin, Bartlett, Harrison, Hahn, Humbert, Arreguin; Noes – None; Abstain – None; Absent – Wengraf.
Consent Calendar
Action: M/S/C (Arreguin/Hahn) to suspend the rules and allow for a 30-minute public comment period on the Consent Calendar.
Vote: Ayes – Kesarwani, Taplin, Bartlett, Harrison, Hahn, Humbert, Arreguin; Noes – None; Abstain – None; Absent – Wengraf.
Public Comment on Consent Calendar and Information Items Only: 18 speakers.
Tuesday, January 30, 2024 MINUTES Page 3
Consent Calendar
Action: M/S/C (Arreguin/Hahn) to adopt the Consent Calendar in one motion except as indicated.
Vote: Ayes – Kesarwani, Taplin, Bartlett, Harrison, Hahn, Humbert, Arreguin; Noes – None; Abstain – None; Absent – Wengraf.
Recess Items
1. Purchase Order: With Motorola for Firehouse Alerting System Equipment From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to issue purchase orders with Motorola for an amount not to exceed $175,000 through July 31, 2024 for the purchase of equipment necessary to complete the emergency firehouse alerting retrofit project.
Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
Action: Adopted Resolution No. 71,176–N.S.
Vote: Ayes – Kesarwani, Taplin, Bartlett, Hahn, Humbert, Arreguin; Noes – Harrison; Abstain – None; Absent – Wengraf.
2. Reject All Bids and Negotiate with Contractors for the Berkeley Fire Station Landscape Project, Specification No. 24-11622-C
From: City Manager
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess to reject all bids and direct staff to negotiate with contractors for the work associated with the Berkeley Fire Station Landscape Project Specification No. 24-11622-C.
Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
Action: Adopted Resolution No. 71,177–N.S.
Consent Calendar
Urgency Item: Excused Absence for Councilmember Wengraf From: Mayor Arreguin
Recommendation: Excuse Councilmember Wengraf from the January 30, 2024 Council meeting as a result of an illness of a close family member who requires immediate care.
Financial Implications: None
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Approved recommendation.
Consent Calendar
Tuesday, January 30, 2024 MINUTES Page 4
3. Prevailing Wage Requirements in the Southside Plan Area; Adding Berkeley Municipal Code Chapter 13.108
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,893-N.S. amending Berkeley Municipal Code Title 13 to add Chapter 13.108 --Prevailing Wage Requirements in the Southside Plan Area to establish prevailing wage requirements for projects exceeding 50 units or 50,000 square feet in the Southside Plan Area.
First Reading Vote: Ayes – Taplin, Bartlett, Harrison, Hahn, Wengraf, Humbert, Arreguin; Noes – None; Abstain – Kesarwani.
Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Adopted second reading of Ordinance No. 7,893–N.S.
Second Reading Vote: Ayes – Taplin, Bartlett, Harrison, Hahn, Humbert, Arreguin; Noes – None; Abstain – Kesarwani; Absent – Wengraf.
4. Expansion of the Elmwood Business Improvement District, Levy Assessments in the District for 2025, and Authorize a Contract with the Elmwood Business Association (EBA) to receive assessment revenue
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,894-N.S. expanding the Elmwood Business Improvement District, amending Chapter 7.84 of the Berkeley Municipal Code (BMC) originally adopted by Ordinance No. 6,164-N.S.
First Reading Vote: Ayes – Kesarwani, Taplin, Bartlett, Harrison, Hahn, Humbert, Arreguin; Noes – None; Abstain – None; Absent – Wengraf.
Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530 Action: Adopted second reading of Ordinance No. 7,894–N.S.
Second Reading Vote: Ayes – Kesarwani, Taplin, Bartlett, Harrison, Hahn, Humbert, Arreguin; Noes – None; Abstain – None; Absent – Wengraf.
5. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on January 30, 2024
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 - $200,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Approved recommendation.
Consent Calendar
Tuesday, January 30, 2024 MINUTES Page 5
6. Grant Application: Funding from California Department of Forestry and Fire Protection (CAL FIRE) Wildfire Prevention Grant to Implement an Incentive Program for Residents in Berkeley’s Very High Fire Hazard Severity Zone From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to apply for and accept a grant, and any amendments, from the California Department of Forestry and Fire Protection (CAL FIRE) for up to the amount of $1.1 Million to implement a defensible space program for residents of Berkeley’s Very High Fire Hazard Severity Zone.
Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
Action: Adopted Resolution No. 71,178–N.S.
7. State Homeland Security Grant Program Application to Implement CAD to CAD Interface between the City of Berkeley Emergency Communications Center and the Alameda County Regional Dispatch Center
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to apply for, accept, and manage a grant for the CAD to CAD (computer-aided dispatch) Interface Project between the City of Berkeley Emergency Communications Center and the Alameda County Regional Dispatch Center, with a total project cost of $99,600. This project is crucial for enhancing communication and coordination between agencies.
Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
Action: Adopted Resolution No. 71,179–N.S.
8. Contracts: As-Needed Hazardous Fire Fuel Treatment with Julian Tree Care, Professional Tree Care, West Coast Arborist Inc., and West Coast Tree Service From: City Manager
Recommendation: Adopt four Resolutions authorizing the City Manager or her designee to execute the following contracts and any amendments for As-Needed Hazardous Fire Fuel Treatment and removal from February 1, 2024, to January 30, 2028, for a total cummulative amount not to exceed $4,000,000:
1. Julian Tree Care in the amount of $1,000,000;
2. Professional Tree Care in the amount of $1,000,000;
3. West Coast Arborist Inc. in the amount of $1,000,000; and
4. West Coast Tree Service in the amount of $1,000,000.
Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
Action: Adopted Resolution No. 71,180–N.S. (Julian Tree Care); Resolution No. 71,181–N.S. (Professional Tree Care); Resolution No. 71,182–N.S. (West Coast Arborist Inc.); and Resolution No. 71,183–N.S. (West Coast Tree Service).
Consent Calendar
Tuesday, January 30, 2024 MINUTES Page 6
9. Revenue Contract: 2024 Community Services Block Grant From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to accept Community Service Block Grant (CSBG) Contract Number 24F- 3001 for the amount of $299,495, and execute any resultant agreements and amendments including amendments that may decrease or increase the contract amount or add discretionary funding, or to change the contract term, or to update contract terms, to provide low-income services for the time period January 1, 2024 to May 31, 2025, with the option to extend the contract period as amended by the California State Department of Community Services and Development.
Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,184–N.S.
10. Revenue Grant Agreement: Funding Support from the State of California Tobacco Control Program to Conduct Public Health Services From: City Manager
Recommendation: Adopt Resolution authorizing the City Manager or her designee to submit grant agreements to the State of California, to accept the grant, and execute any resultant revenue agreements and amendments to conduct public health promotion, protection, and prevention services for the Tobacco Control Program in the projected total amount of $300,000 for Fiscal Year 2025.
Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,185–N.S.
11. Expenditure Contract: Alameda County Public Health Department (Office of Dental Health) to Provide Dental Services to the Berkeley Unified School District
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute a contract and any amendments or extensions with Alameda County in an amount not to exceed $159,000 to provide dental services in Berkeley Unified School District for the period July 1, 2024 through June 30, 2027.
Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,186–N.S.
Consent Calendar
Tuesday, January 30, 2024 MINUTES Page 7
12. Expenditure Contract: Berkeley Free Clinic for Laboratory Services From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute a contract and any amendments or extensions with the Berkeley Free Clinic (BFC) for laboratory services, in an amount not to exceed $150,000 for the period July 1, 2024 through June 30, 2027.
Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,187–N.S.
13. Contract No. 32300149 Amendment: mySidewalk, Inc. for HHCS Web-Based Population Health Data Platform
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 32300149 with mySidewalk, Inc. for an additional $30,000 for a total not to exceed amount of $158,315 through March 4, 2026.
Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,188–N.S.
14. Contract No. 32300112 Amendment: Harold Dichoso for COVID-19 Outreach and Education
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to amend Contract No. 32300112 with Harold Dichoso for COVID-19 outreach and education, to extend the contract end date through June 30, 2024 and increase the not-to-exceed amount (NTE) by $20,000 utilizing one-time grant funds.
The amendment will increase the NTE amount from $125,000 to $145,000.
Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,189–N.S.
Consent Calendar
Tuesday, January 30, 2024 MINUTES Page 8
15. Martin Luther King Jr. House Request for Proposals Recommendation From: City Manager
Recommendation: Adopt a Resolution to: 1. Approve the transfer of Martin Luther King Jr.(MLK) House from Resources for Community Development to Insight Housing, including obligations under the City’s existing loan and regulatory agreements; and 2. Extend the previously approved $1,178,974 funding reservation for MLK House and transfer that reservation to Insight Housing; and 3. Reserve an additional $822,014 from the Housing Trust Fund program to support Insight Housing's renovation of the property; and 4. Waive Sections I.A.1 and IV.C.1 of the Housing Trust Fund Guidelines. 5. Authorize the City Manager or her designee to execute all original or amended documents or agreements to effectuate this action.
Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,190–N.S.
16. Grant for 1741-1747 Russell Street
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to redirect $95,625, the amount of transfer tax recently paid for 1741-1747 Russell Street, from the General Fund to Insight Housing (Insight) to support the renovation of the property.
Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,191–N.S.
17. At-Will Designations: Employee Relations Manager and Assistant to the City Attorney
From: City Manager
Recommendation:
1. Adopt first reading of an Ordinance amending Berkeley Municipal Code Section
4.04.120(A) to designate the unrepresented classifications of Employee Relations Manager and Assistant to the City Attorney as at-will, and
2. Adopt a Resolution authorizing amendments to the Unrepresented Employee Manual and all other pertinent documents to effectuate the change; approving a 5% salary differential for the Employee Relations Manager classification, to be set forth in the Unrepresented Employee Manual; and modifying the Employee Relations Manager job specification to state that the incumbent “may act as department head in the absence of the Director of Human Resources.”
Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800 Action: 1. Adopted first reading of Ordinance No. 7,896–N.S. Second reading scheduled for February 13, 2024. 2. Adopted Resolution No. 71,192–N.S.
Consent Calendar
Tuesday, January 30, 2024 MINUTES Page 9
18. Donation: Memorial Bench at Cesar Chavez Park in memory of Samuel Lepie Hallward
From: City Manager
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 Samuel Lepie Hallward.
Financial Implications: $3,400 in revenue.
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,193–N.S.
19. Contract No. 31900143 Amendment: Passport Labs Incorporated for a Parking Management System
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 31900143 and any necessary future amendments with Passport Labs Inc. to provide a Parking Management System for an additional two- year contract extension beyond the current contract expiration date of February 4, 2024, and to approve additional appropriations for the performance of this contract.
Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900
Action: Adopted Resolution No. 71,194–N.S. as amended in Supplemental Communications Packet #1 by the City Manager.
20. Contract: CESCORP, dba Cal Elite Builders for Corp Yard City Fleet EV Charger Project. Specification No.23-11546-C
From: City Manager
Recommendation: Adopt a Resolution: 1. Approving plans and specifications for the Corp Yard City Fleet EV Charger Project (Project)., Specification No. 23-11546-C; 2.
Accepting the bid of CESCORP, dba Cal Elite Builders as the lowest responsive and responsible bidder; and 3. Authorizing the City Manager to execute a contract and any amendments, extensions, or other change orders until completion of the project in accordance with the approved plans and specifications, for an amount not to exceed $814,680.
Financial Implications: See report
Contact: Andrew Murray, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,195–N.S.
Consent Calendar
Tuesday, January 30, 2024 MINUTES Page 10
21. Contract: CESCORP, dba Cal Elite Builders & Cal Electric for the Central Library HVAC Replacement Project
From: City Manager
Recommendation: Adopt a Resolution: 1. Approving plans and specifications for Central Library HVAC Replacement Project, Specification No.23-11600-C; 2.
Accepting the bid of CESCORP, dba Cal Elite Builders & Cal Electric as the lowest responsive and responsible bidder; and 3. Authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications, for an amount not to exceed $1,566,000, which includes a contingency of $261,000.
Financial Implications: See report
Contact: Andrew Murray, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,196–N.S.
22. Contracts: On-Call Construction and Project Management Services: Hollins Consulting, Inc., Kitchell/CEM, Inc., and O’Connor Construction Management, Inc.
From: City Manager
Recommendation: Adopt three Resolutions authorizing the City Manager to execute contracts and any amendments with the following firms for on-call construction management and project management services (CM/PM) for capital improvement projects, each for the period of January 1, 2024 through June 30, 2025:
1. Hollins Consulting, Inc. (Hollins), for an amount not to exceed $2,800,000.
2. Kitchell/CEM, Inc. (Kitchell), for an amount not to exceed $2,800,000.
3. O’Connor Construction Management, Inc. (OCMI), for an amount not to exceed $2,800,000.
Financial Implications: See report
Contact: Andrew Murray, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,197–N.S. (Hollins); Resolution No. 71,198–N.S. (Kitchell/CEM); and Resolution No. 71,199–N.S. (O’Connor).
23. Contract: Shaw Industries, Inc. for Civic Center Building Carpet Replacement Project
From: City Manager
Recommendation: Adopt a Resolution: 1. Pursuant to City Charter Article XI Section 67.2 requirements, accepting the California Multiple Award Schedule (CMAS) bid procedures; 2. Approving the CMAS Contract with Shaw Industries, Inc. for Carpet Replacements at the Civic Center Building; 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 terms and conditions of the agreements with Shaw Industries, Inc. in an amount not to exceed $311,348, which includes a contingency of $29,045.
Financial Implications: Capital Improvement Fund - $311,348 Contact: Andrew Murray, Public Works, (510) 981-6300
Action: Item 23 removed from the agenda by the City Manager.
Consent Calendar
Tuesday, January 30, 2024 MINUTES Page 11
24. Contract No. 108007-1 Amendment: Don’s Tire Services, Inc. for Tire Repair Services for City Fleet Vehicles
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 108007-1 with Don’s Tire Services, Inc. for repair and replacement services for automobile and truck tires for City of Berkeley fleet vehicles in the amount of $650,000 for a total not-to-exceed amount of $1,073,534 and extend the contract through the June 30, 2025.
Financial Implications: See report
Contact: Andrew Murray, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,200–N.S.
25. Lease Agreement: We Wield The Hammer at 2440 Durant Avenue in the Telegraph-Channing Mall and Garage
From: City Manager
Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute a lease agreement with We Wield The Hammer (WWTH), a 501c3 nonprofit organization to use and occupy 2440 Durant Avenue inside the Telegraph- Channing Mall and Garage for a five (5) year lease term with an option to extend for one additional five (5) year term. The initial lease term is anticipated to begin March 1, 2024.
Financial Implications: See report.
Contact: Andrew Murray, Public Works, (510) 981-6300
Action: Adopt first reading of Ordinance No. 7,897–N.S. Second reading scheduled for February 13, 2024.
Council Consent Items
26. City Council Committee and Regional Body Appointments From: Mayor Arreguin
Recommendation: Adopt a Resolution approving the appointment of Council representatives to City Council Standing Policy Committees, Partnership Committees, Regional Bodies and Liaisons to City Boards and Commissions for a term ending on January 31, 2025 or until new appointments are made.
Financial Implications: None
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Adopted Resolution No. 71,201–N.S.
Council Consent Items
Tuesday, January 30, 2024 MINUTES Page 12
27. Support for ACA 4 Elections: Eligibility to Vote
From: Councilmember Hahn (Author), Councilmember Robinson (Author) Recommendation: Adopt a resolution in support of Assembly Constitutional Amendment 4 (Bryan), which would repeal a constitutional requirement disqualifying electors incarcerated for felony convictions, and send a copy of the resolution to Assemblymembers Isaac Bryan and Buffy Wicks, and State Senator Nancy Skinner.
Financial Implications: None
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150 Action: Adopted Resolution No. 71,202–N.S.
28. Request by Resolution that PG&E Underground Utilities in Berkeley’s VHFHSZ From: Councilmember Wengraf (Author), Councilmember Humbert (Co- Sponsor), Councilmember Hahn (Co-Sponsor), Councilmember Harrison (Co- Sponsor)
Recommendation: Adopt a Resolution urging PG&E to underground utility wires in Berkeley’s Very High Fire Hazard Severity Zone (VHFHSZ) to mitigate wildfire risk and limit evacuation and ingress obstruction. Send the Resolution to PG&E CEO Patti Poppe, the California Public Utilities Commission (CPUC), the Office of Energy Infrastructure Safety, State Senator Nancy Skinner, Assemblymember Buffy Wicks, Governor Gavin Newsom and Senator Mike McGuire, author of SB 884. Request the City Manager issue a press release about this Resolution as a critical Public Safety matter.
Financial Implications: None
Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160 Action: Adopted Resolution No. 71,203–N.S.
Recess 8:54 p.m. – 9:01 p.m.
Council Action Items
Tuesday, January 30, 2024 MINUTES Page 13
29. Budget Referral: Additional Security Cameras at Intersections Experiencing Increased Violent Crime
From: Councilmember Humbert (Author), Councilmember Bartlett (Co- Sponsor)
Recommendation: In order to deter violent crime and obtain evidence to solve criminal investigations, adopt the following recommendations:
1. Authorize the City Manager to install additional security cameras, prominent signage, and increased lighting in the public right-of-way at intersections experiencing a rise in violent crime and/or which include arterial streets offering entry/exit points for Berkeley.
2. Refer costs for security cameras and lighting to the next budget process.
Security camera footage would be used solely for the purpose of solving criminal investigations. The cameras are not intended and would not be used for continuous surveillance purposes. Cameras should ideally be compatible with those already in use at San Pablo Park under Contract Nos. 31900080 and 31900205 and those deployed at other intersections throughout the city.
Priority intersections for security camera installation would include: -Alcatraz and College; -Woolsey and Telegraph; -Woolsey and Shattuck; -Alcatraz and Adeline; and -Alcatraz and Sacramento.
Financial Implications: See report
Contact: Mark Humbert, Councilmember, District 8, (510) 981-7180 Action: M/S/Failed (Arreguin/Humbert) to accept revised material from Councilmember Humbert on Item 29.
Vote: Ayes – Bartlett, Harrison, Hahn, Humbert, Arreguin; Noes – Kesarwani, Taplin; Abstain – None; Absent – Wengraf.
Action: M/S/Carried (Arreguin/Hahn) to suspend the rules and allow for a 30-minute public comment period on Item 29.
Vote: Ayes – Kesarwani, Taplin, Bartlett, Hahn, Humbert, Arreguin; Noes – None; Abstain – None; Absent – Harrison, Wengraf.
Councilmember Harrison absent at 8:54 p.m.
Action: 21 speakers. M/S/C (Arreguin/Bartlett) to:
1. Pursuant to Berkeley Police Department Policy Numbers 351 and 1304, the City Council approves the following additional locations for the installation of External Fixed Video Surveillance Cameras, signage and increased lighting at the following locations, and refer the costs for acquisition of cameras and lighting to the FY 2025 Budget process:
Alcatraz and College
Woolsey and Telegraph
Woolsey and Shattuck
Alcatraz and Adeline
Council Action Items
Tuesday, January 30, 2024 MINUTES Page 14
Alcatraz and Sacramento
San Pablo Ave. and Gilman
Additional camera locations to be considered for potential future installation include:
Telegraph and Dwight
5th Street and Gilman
4th Street and Hearst
Cedar St. and Eastshore Hwy
4th Street and Virginia
8th Street and Harrison
2nd Street and Page
University and San Pablo
The costs for installation and maintenance of cameras at additional authorized locations would be determined and approved separately during future budget processes.
2. Direct the City Manager to engage with the Police Accountability Board on this proposal and request their feedback to Council within 30 days of submission. The Council will take its comments into consideration during subsequent steps for final approval for purchase and installation of cameras at approved locations.
3. Direct the City Manager to prepare targeted amendments to various pertinent surveillance technology reports and policies in order to provide extra transparency beyond what is explicitly required by the Berkeley Municipal Code and Berkeley Police Department Law Enforcement Manual.
Security camera footage would be used solely in a manner consistent/compliant with existing ordinances and the Berkeley Police Department’s existing use policies, as enumerated in the Berkeley Municipal Code, the Berkeley Police Department Law Enforcement Manual. The cameras are not intended and would not be used for continuous surveillance purposes. Cameras should ideally be compatible with those already in use at San Pablo Park under Contract Nos. 31900080 and 31900205 and those deployed at other intersections throughout the city.
Vote: Ayes – Kesarwani, Taplin, Bartlett, Humbert, Arreguin; Noes – None; Abstain – Hahn; Absent – Harrison, Wengraf.
Information Reports
30. ***Removed from Agenda by City Manager*** Bay Area Housing Finance Authority and 2024 Regional Affordable Housing Bond
From: City Manager
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400
Information Reports
Tuesday, January 30, 2024 MINUTES Page 15
31. LPO NOD: 2119 Marin Avenue, #LMSAP2023-0003
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Received and filed.
32. LPO NOD: 910 Indian Rock Avenue, #LMIN2023-0002
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Received and filed.
Adjournment
Action: M/S/C (Arreguin/Hahn) to suspend the rules and adjourn the meeting.
Vote: Ayes – Kesarwani, Taplin, Bartlett, Hahn, Humbert, Arreguin; Noes – None; Abstain – None; Absent – Harrison, Wengraf.
Adjourned at 9:38 p.m.
I hereby certify that the foregoing is a true and correct record of the regular meeting held on January 30, 2024.
________________________
Mark Numainville, City Clerk
Communications
Supportive Housing
1. David Lerman
Stop Sign Added
2. Theo Posselt
Tibetan Flag Ceremony
3. Tenzin Tsering, on behalf of the Tibetan Association of Northern California (2) Lack of Berkeley Businesses
4. Marnie Hatch
Berkeley Police Matters
5. Tenzin Jimenez
Residential Parking Permits
6. Ian Goodman
Tuesday, January 30, 2024 MINUTES Page 16
American Democracy
7. Vivian Warkentin
San Francisco Bay Ferry
8. Lauren Gularte, on behalf of Water Transit
Reparations
9. Aden Ishii
Port of Oakland
10.Danny Wan, on behalf of Port of Oakland
Brown Act
11.Jonathan Weissglass
12.Juan Carlo
Chronicle
13.Marc Sapir
Councilmember Robinson
14.Toni Mester
URL’s Only
15.Vivian Warkentin (3)
People’s Park
16.Jack Kurzweil
17.Sylvia
18.Jill Polsby
19.Moni Law (2)
20.Joty Dhaliwal
21.Summer Brenner (2)
22.Max Ventura
23.Arthur Stopes
24.Justin Lee
25.Leslie Firestone
26.Richard Crago
27.Sky Ocean
28.Owen Martin Zuidema
Gaza and Israel
29.Jack Kurzweil (3)
30.Linda and Stanley Wulf
31.Sandy Slauson
32.Karen Davis
33.Jane White
Tuesday, January 30, 2024 MINUTES Page 17
34.Stephanie Thomas
35.Cynthia Moore
36.Michael Weber (2)
37.Sally Nelson
38.Gael Alcock
39.Summer Brenner (2)
40.Mary Ann Gallagher
41.Jocelyn Goldsmith
42.Stephanie Allan
43.Barbara Erickson (2)
44.Jamie Cooney
45.Esha Potharaju
46.Summer Brenner
47.Diana Bohn
48.Dahlia Frydman
49.Elinor Tamari
50.Michael Kaye
51.Mincers.shroud.0k@
52.Noga Alon
53.Deborah Green
54.June Safran
55.Barbara Schick
56.Elana Auerbach
57.Esther Brass-Chorin
58.Allen Mayer
59.Dorit Dorenz
60.Doreet Stein
61.Robert Bonem
62.Peggy Scott
63.5 similarly-worded form letters
Supplemental Communications and Reports 1
Item #19: Contract No. 31900143 Amendment: Passport Labs Incorporated for a Parking Management System
64.Revised material, submitted by the Police Department Item #28: Request by Resolution that PG&E Underground Utilities in Berkeley’s VHFHSZ
65.Janice Thomas
Supplemental Communications and Reports 2
Item #27: Support for ACA 4 Elections: Eligibility to Vote
66.League of Women Voters’ of Berkeley, Albany and Emeryville
Tuesday, January 30, 2024 MINUTES Page 18
Item #29: Budget Referral: Additional Security Cameras at Intersections Experiencing Increased Violent Crime
67.Revised material, submitted by Councilmember Humbert and Bartlett
68.Supplemental material, submitted by Councilmember Hahn
69.Kelly Hammargren
70.Ken Peterson
71.David Lerman
72.Police Accountability Board
73.Madeline Feingold
74.Chesa Boudin
Supplemental Communications and Reports 3
Urgent Item
75.Excused Absence for Councilmember Susan Wengraf
Item #29: Budget Referral: Additional Security Cameras at Intersections Experiencing Increased Violent Crime
76.Melanie Bowden
77.Barbara Gilbert
Miscellaneous Communications
78.Path to Humanity – Travis Castle
79.Hunger, Food Insecurity - Eid
Office of the City Manager
CONSENT CALENDAR
February 27, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Kevin Fong, Director, Information Technology Subject: Contract No. 31900184 Amendment: Alcor Solutions, Inc. to expand services for intranet services
RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 31900184 with Alcor Solutions, Inc., to expand scope to include intranet services.
FISCAL IMPACTS OF RECOMMENDATION
None
CURRENT SITUATION AND ITS EFFECTS
Currently, Staff are using ServiceNow’s Information Technology Service Management (ITSM) tool which includes a Help Desk management suite with service catalog, knowledge base and a service portal for the City staff.
Alcor Solutions, Inc provided reliable implementation services for the initial phases of the ServiceNow project. Since launching with the portal in January 2018, Staff partnered with Alcor Solutions to upgrade to the newest software version of ServiceNow, and add features including employee on-boarding and off-boarding, on-call scheduling, and confidential service requests.
Alcor Solutions, Inc. extensive experience and guidance is needed to implement additional intranet services as the City transitions to other cloud solutions and platforms.
BACKGROUND
The Department of Information Technology (DoIT) was using a custom home-grown software application to manage Help Desk Service Requests since 2001. In 2015, DoIT started looking at replacement solutions that would serve both the daily needs of a service management and asset management solution, as well as the longer term needs of managing IT projects and IT resources. In September 2016, DoIT issued Request for Proposal (RFP) Specification No. 16-11072-C for an Information Technology Service
Contract No. 10545 Amendment: Alcor Solutions, Inc. for Implementation Services Consent CALENDAR Management and Asset Management solution and receive three qualified vendor responses.
In May 2017, a cloud-based software called ServiceNow was chosen. Alcor Solutions, Incorporated was chosen for their implementation services. In January 2018, Alcor completed initial implementation, and the Department of Information Technology went live with the ServiceNow tool.
RATIONALE FOR RECOMMENDATION
Alcor Solutions, Inc. has extensive experience providing implementation services for ITSM solutions. Specifically, Alcor Solutions, Inc. is a Gold Services Partner to ServiceNow, Inc. Furthermore, City staff do not have the capacity or the knowledge to execute a successful implementation of the ServiceNow tool without the professional services requested of Alcor.
ALTERNATIVE ACTIONS CONSIDERED
Staff considered not adding additional modules and taking no further action on this project. By not utilizing the additional functions of the ServiceNow tool, staff will need to continue using the previous customized, home-grown IT ticketing system for asset management, as well as manual methods of tracking contracts, and performance. This is direct contradiction to the goal of the Digital Strategic plan, which is to eliminate custom built software where feasible and choose Commercial off the Shelf (COTS) solutions to provide modern technological solutions that serve the City of Berkeley community.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Alcor Solutions Inc. will conduct most of their work remotely, and when they do come on- site, they will be working exclusively over multiple days with the IT Department to minimize both travel costs and greenhouse gas emissions related to travel.
CONTACT PERSON
Kevin Fong, Director, Information Technology, 510-981-6525 Attachments:
1: Resolution - Alcor Solutions Inc.
Contract: Information Technology Service Management and Consent CALENDAR Information Technology Asset Management
RESOLUTION NO. ##,###-N.S.
CONTRACT NO. 31900184 AMENDMENT: ALCOR SOLUTIONS INC. FOR
IMPLEMENTATION OF INFORMATION TECHNOLOGY SERVICE MANAGEMENT AND INFORMATION TECHNOLOGY ASSET MANAGEMENT SOLUTION.
WHEREAS, in September 2016, the IT Department issued Request for Proposal (RFP) Specification Number 16-11072-C for an Information Technology Service Management and Asset Management solution, and selected the ServiceNow tool, and Alcor Solutions, Inc. as the implementation partner; and
WHEREAS, Alcor Solutions, Inc. has extensive experience providing implementation and support services for ITSM solutions, and is a Gold Services Partner to ServiceNow, Inc.; and
WHEREAS, funding in the amount of $300,000 for the requested support services is budgeted in the FY 2023 and FY 2024 IT Cost Allocation Fund, and spending in future years for this contract is subject to City Council's approval of the proposed citywide budget and annual appropriation ordinances.
WHEREAS, the City council authorized Contract No. 31900184 on December 14, 2021 (Resolution No. 70,158-N.S.) and any amendments with Alcor Solutions, Inc. to provide managed support services and upgrade support for the ServiceNow application from July 1, 2022 to June 30, 2024 for an amount not-to-exceed $300,000.
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. 31900184 with Alcor Solutions, Inc., to expand scope to include intranet services.
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
February 27, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Kevin Fong, Director, Information Technology Subject: Contract No. 105921-1 Amendment: TruePoint Solutions, LLC for Professional Services
RECOMMENDATION
Adopt a Resolution authorizing the City Manager to amend Contract No. 105921-1 with TruePoint Solutions, LLC for professional services, increasing the amount by $250,000, for a total not-to-exceed amount of $1,297,200 and extending the term by one year for the term beginning June 1, 2015 to June 30, 2025.
FISCAL IMPACTS OF RECOMMENDATION
Funding for the additional professional services are available in the Fiscal Year (FY) 2024 Permit Service Center Fund, Sewer Fund, and General Fund and in the Fiscal Year (FY) 2025 Permit Service Center Fund, Sewer Fund, and General Fund, as itemized below, and any future expenditures are subject to Council approval of the proposed citywide budget and Annual Appropriations Ordinances.
FY 2024: Professional Services – Planning
$95,000 Fund 621 - Permit Service Center Fund
FY 2024: Professional Services – Public Works
$20,000 Fund 611 - Sewer Fund, Public Works
$10,000 Fund 011 - General Fund, Public Works
FY 2025: Professional Services – Planning
$95,000 Fund 621 - Permit Service Center Fund
FY 2025: Professional Services – Public Works
$20,000 Fund 611 - Sewer Fund, Public Works
$10,000 Fund 011 - General Fund, Public Works
$250,000 Total Professional Services
Contract No. 105921-1 Amendment: TruePoint Solutions, LLC for Professional Services CONSENT CALENDAR February 27, 2024
CURRENT SITUATION AND ITS EFFECTS
The departments of Planning and Public Works currently use the Accela Civic Platform as their permitting system to apply for permits, schedule inspections, pay for permits online, and maintain permits. TruePoint Solutions provides resources that are focused on configuration and scripting work that is needed by the City to effectively implement critical features and functionality as well as to provide consultation and technical support.
The contract amendment is essential to continue the successful operation of the Public Works and Planning departments’ permitting software, meet ongoing technical support requirements, provide consultation services, and complete software projects that maintain the City’s legal compliance.
This contract extension aligns with the City’s strategic goal to be a customer-focused organization that provides excellent, timely and easily accessible service to the community.
BACKGROUND
Established in 2004, TruePoint Solutions, LLC provides design, implementation, and support services to public sector technology solutions. In 2005, TruePoint Solutions became an Accela-Certified implementation partner.
In 2015, the City contracted with TruePoint Solutions for report writing and additional scripting and configuration of Accela’s Building Permit system. In 2016, the City Council approved an amendment with TruePoint Solutions for the management of the Private Sewer Laterals module for the Department of Public Works. In 2018, the City Council approved an amendment with TruePoint Solutions to provide professional assistance for the work on system issues as requested and prioritized by the City and suggest additional enhancements/improvements. In 2019, the City Council approved an amendment with Truepoint Solutions for additional configuration and troubleshooting assistance. In 2021, the City Council approved an amendment to enhance online functionality of Accela. In 2022, the City Council approved an amendment to extend online functionality of Accela and additional enhancements/improvements.
ENVIRONMENTAL SUSTAINABILITY
The City will help reduce carbon emissions by allowing most, if not all, permitting processes to be performed online thereby reducing traffic into the City.
RATIONALE FOR RECOMMENDATION
TruePoint Solutions is an Accela-Certified implementation partner. TruePoint performs specialized process analysis, configuration, and scripting to support the City's permitting system. TruePoint has in-depth knowledge of City business processes and data architecture that would take another vendor years to acquire.
Contract No. 105921-1 Amendment: TruePoint Solutions, LLC for Professional Services CONSENT CALENDAR February 27, 2024
ALTERNATIVE ACTIONS CONSIDERED
Staff considered completing these projects and enhancements without professional services however, doing so would lead to an inefficient allocation of staff resources and significantly extend implementation timelines.
CONTACT PERSON
Kevin Fong, Director, Information Technology, 510-981-6541 Attachments:
1: Resolution
RESOLUTION NO. ##,###-N.S.
CONTRACT NO. 105921-1 AMENDMENT: TRUEPOINT SOLUTIONS, LLC FOR
ACCELA PROFESSIONAL SERVICES
WHEREAS, TruePoint Solutions provides design, implementation, and support services to public sector technology solutions, and is an Accela-Certified implementation partner; and
WHEREAS, TruePoint Solutions is essential to continue the successful operation of the Planning and Public Works departments’ permitting software and meet ongoing technical support requirements; and
WHEREAS, TruePoint Solutions has previously provided excellent report writing, scripting, and consulting services and therefore has an in-depth knowledge of City business processes and data architecture that would take another vendor years to acquire; and
WHEREAS, funding for the additional professional services are available in the Fiscal Year (FY) 2024 Permit Service Center fund, Sewer Fund, and General Fund and in the Fiscal Year (FY) 2025 Permit Service Center fund, Sewer Fund, and General Fund, and any future expenditures are subject to Council approval of the proposed citywide budget and Annual Appropriations Ordinances.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to amend contract No. 105921-1 with TruePoint Solutions, LLC, increasing the amount by $250,000, for a total not-to-exceed amount of $1,297,200 and for the term beginning June 1, 2015 to 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
February 27, 2024
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 Charlie Pollack
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 Charlie Pollack.
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 Charlie Pollack 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 – Pollack Family CONSENT CALENDAR February 27, 2024
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
Bruce Pratt, Parks Superintendent, 510-981-6700
Attachments:
1: Resolution
RESOLUTION NO. -N.S.
DONATION: MEMORIAL BENCH AT CESAR CHAVEZ PARK IN MEMORY OF
CHARLIE POLLACK
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 Charlie Pollack 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 Charlie Pollack 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
February 27, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Scott Ferris, Director, Parks Recreation and Waterfront Subject: Contract: West Coast Arborists, Inc. for Tree Removal and Pruning Services
RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her designee to execute a contract and any amendments with West Coast Arborists, Inc. for tree removal and pruning servings in an amount not to exceed $1,500,000 over a period of three years, with an option to renew for two additional years at $500,000 per year, for a total contract amount not to exceed $2,500,000.
FISCAL IMPACTS OF RECOMMENDATION
Funding for this contract is available in the FY 2024 Parks Tax Fund (Fund 138) and General Fund (Fund 011) Fire Fuel. Funding is subject to appropriation in the FY 2025- FY 2027 budgets in the Parks Tax (Fund 138) and General Fund (Fund 011).
CURRENT SITUATION AND ITS EFFECTS
The current contract for tree and stump removal services, with West Coast Arborists, terminated on November 24, 2023. In November of 2023, to prepare for a new contract for these services, the City conducted a competitive Request For Proposal (RFP) process to solicit tree removal and pruning services (Specification No. 23-11588-C). On December 19, 2023, the City received twelve bids. City staff determined that the proposal from West Coast Arborists, Inc. best meets the criteria described in the RFP.
Therefore, staff recommends that a new contract be authorized.
BACKGROUND
The Urban Forestry Unit of the Parks Recreation and Waterfront Department contracts with private companies for the removal of public trees that are dead, diseased, dying, and hazardous to life or property, or causing substantial property damage. Tree removal and pruning services reduce the potential risks posed by trees and help to maintain a healthy urban forest throughout the City. The City has contracted for tree removal services for the past 23 years because it is more cost effective to do so and the City does not need to procure costly and specialized tree removal equipment. Services will be provided on an as-needed basis to be determined by the Parks Division, Urban Forestry Unit. The number of trees removed each year varies.
Contract: West Coast Arborists, Inc. for CONSENT CALENDAR Tree Removal and Pruning Services February 27, 2024
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Section D.2 in chapter 3 of the City’s Climate Action Plan seeks to promote tree planting, landscaping, and the creation of green and open space that is safe and attractive and that helps to restore natural processes with significant environmental benefits in the form of carbon dioxide absorption and oxygen production as well as storm water retention, and climate control. This services contract is an essential component in the proper maintenance of the City’s urban forest.
RATIONALE FOR RECOMMENDATION
City staff determined that the proposal from West Coast Arborists, Inc. best meets the criteria described in the RFP. Additionally, this contract service will expand the City’s capacity to respond to emergencies, such as extreme or prolonged storms, that might otherwise exceed the limited capacity of the City’s Urban Forestry Unit resources.
ALTERNATIVE ACTIONS CONSIDERED
None
CONTACT PERSON
Bruce Pratt, Parks Superintendent, 510-981-6632
Thomas Dodge, Senior Forestry Supervisor, 510-981-6689
Attachments:
1: Resolution
RESOLUTION NO. ##,###-N.S.
CONTRACT: TREE REMOVAL AND PRUNING SERVICES WITH WEST COAST
ARBORISTS, INC
WHEREAS, the Urban Forestry Unit of the Parks, Recreation and Waterfront Department contracts with private companies for the removal of public trees that are dead, diseased, dying, hazardous to life or property, or causing substantial property damage; and the pruning of specific public trees to improve their safety; and WHEREAS, the City has contracted out this service for the past 23 years because it is more cost effective to hire an outside contractor than to use City employees; and WHEREAS, the current contract with West Coast Arborists for public tree removal and pruning services terminate on November 24, 2023; and
WHEREAS, in November of 2023, to prepare for a new contract for these services, the City conducted a competitive Request For Proposal (RFP) process to solicit tree removal and pruning services (Specification No. 23-11588-C). On December 19, 2023, the City received twelve bids. City staff determined that the proposal from West Coast Arborists, Inc. best meets the criteria described in the RFP; and
WHEREAS, funding for this contract is available in the FY 2024 Parks Tax Fund (Fund 138) and General Fund (Fund 011) Fire Fuel. Funding is subject to appropriation in the FY 2025- FY 2027 budgets in the Parks Tax (Fund 138) and General Fund (Fund 011).
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is hereby authorized to execute a contract and any amendments with West Coast Arborists, Inc. in an amount not to exceed $1,500,000 for a period of three years, with an option to renew for two additional years at $500,000 per year, for a total contract amount not to exceed $2,500,000, contingent upon annual budget appropriation. A record signature copy of said contract will be on file in the Office of the City Clerk.
Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager
CONSENT CALENDAR
February 27, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Jordan Klein, Director, Planning and Development Department Subject: Contract: Rincon Consultants for Environmental Justice Element, Safety Element Update, and Equitable Climate and Resilience Metrics
RECOMMENDATION
Adopt a Resolution authorizing the City Manager or their designee to award a contract and execute any amendments, extensions, or change orders with Rincon Consultants, Inc. in an amount not-to-exceed $634,000 over a three-year period, to update Berkeley’s General Plan Safety Element, develop a new General Plan Environmental Justice (EJ) Element, and create an Equitable Climate and Resilience Monitoring and Evaluation Strategy and Dashboard.
FISCAL IMPACTS OF RECOMMENDATION
The total project budget is $849,042. Funding for this project comes from two sources:
$497,042 from a grant awarded to the City, in partnership with the Ecology Center and the Berkeley Climate Equity Collaborative, by the Governor’s Office of Planning and Research (OPR) Adaptation Planning Grant Program. $352,000 from the General Fund allocated in FY 2023 and carried over to FY 2024 in budget code 011-53-584-622-0000-000-441-612990. Of this amount, $300,000 was directly allocated for this project and $52,000 is being re-allocated from unspent funds from other land use policy projects. $215,042 of the total budget will go to the Ecology Center, and $634,000 toward the contract with Rincon Consultants. The amount requested for the contract is a not-to- exceed amount.
CURRENT SITUATION AND ITS EFFECTS
On October 27, 2023, the City of Berkeley released a Request for Proposals (RFP) Specification Number 24-11641-C to update Berkeley’s General Plan Safety Element, develop a new General Plan Environmental Justice Element, and create an Equitable Climate and Resilience Monitoring and Evaluation Strategy and Dashboard (Safety Element Update, EJ Element, and Community-Driven Metrics). The City held a pre-bid meeting on November 8, 2023, and accepted proposals through December 12, 2023.
Contract: Rincon Consultants for Safety Element Update, CONSENT CALENDAR EJ Element, and Community Driven Metrics February 27, 2024
The City received valid proposals from three respondents for this solicitation. Staff assessed the proposals according to the selection criteria in the RFP, including project standing and approach, client references, qualifications and experience, scope of work, and price proposal.
Based on a thorough review, including interviews and reference checks, staff recommends awarding a contract to Rincon Consultants, Inc. for a total amount of not to exceed $634,000. Rincon Consultants, Inc.’s proposal included a partnership with Equity First, CivicMakers and Fehr & Peers to provide expertise in equity, engagement, emergency evacuation, and hazardous materials training. The team was selected for its extensive experience updating General Plan Elements, demonstrated expertise in integrating evacuation planning with land use policy, and its long history and successful track record working alongside community-based organizations to serve and engage vulnerable residents. In particular, Rincon Consultants, Inc. has extensive experience working in the City of Berkeley, providing on-call planning and environmental services for the Land Use Planning Department for over 10+ years, developing the Environmental Impact Report for the 6th Cycle Housing Element Update, and working with the City, as well as the Ecology Center, on the creation of the Berkeley Existing Building Electrification Strategy.
BACKGROUND
The City of Berkeley’s current Disaster Preparedness and Safety Element was adopted on April 23, 2002, and has since been amended to incorporate the City’s Local Hazard Mitigation Plan (LHMP) in 2014 and 2019. Pursuant to Senate Bill (SB) 1035, the City is required to review and update the Safety Element, as needed, every eight years in line with the adoption of the General Plan Housing Element.
On February 28, 2023, the Housing Element Update was adopted by City Council and certified by the California Department of Housing and Community Development, thus triggering the requirement to update the Safety Element. Additionally, Program 27 of the Housing Element committed to update the City’s Land Use Element, Safety Element, and Environmental Justice Element. The City committed to initiate this work within one year of certification of the Housing Element.
The City chose to initiate a concurrent update to the Safety Element and creation of the Environmental Justice Element in accordance with State law:
SB 1000 requires that cities and counties with disadvantaged communities adopt an Environmental Justice Element. Under SB 1000, the City of Berkeley is required to adopt an Environmental Justice Element at the same time that the Housing and Safety Elements are updated.
SB 1035 and SB 379 require a full update to the General Plan Safety Element, and require that all cities to address climate change adaptation and resilience in their General Plan Safety Element.
Contract: Rincon Consultants for Safety Element Update, CONSENT CALENDAR EJ Element, and Community Driven Metrics February 27, 2024
Assembly Bill (AB) 747 and AB 1409 require that the General Plan Safety Element identify evacuation routes and their capacity, safety, and viability under a range of emergency scenarios, due to presence of Very High Fire Hazard Severity Zones (VHFHSZ).
SB 99 requires that the General Plan Safety Element identify residential developments in hazard areas that do not have at least two emergency evacuation routes.
On June 8, 2023, the Governor’s Office of Planning and Research (OPR) awarded the City of Berkeley and the Ecology Center $497,042 to create a new Environmental Justice Element, update the General Plan Disaster Preparedness & Safety Element, and develop community-driven climate and resilience metrics as part of the Adaptation Planning Grant Program (APGP). On July 25, 2023, City Council passed Resolution No. 70,998-N.S. (Attachment 2) accepting this grant.
As outlined in the grant agreement, the project includes co-creating with community an update to Berkeley’s General Plan Safety Element, development of a new General Plan Environmental Justice Element, and creation of an Equitable Climate and Resilience Monitoring and Evaluation Strategy and Dashboard. As part of this work, the team will conduct additional technical analyses that will assess environmental justice impacts, which will guide strategies, goals and policies of the Safety and Environmental Justice Elements, as well as future General Plan Element updates. The intent of the project is to co-create equitable climate adaptation and resilience policies with vulnerable communities, as well as identify meaningful metrics for monitoring and evaluation that are specific and measurable.
Deliverables will include:
1. Climate Adaptation Assessment
2. Groundwater Rise and Toxic Material Analysis
3. Hazardous Railway Materials Training and Training Materials
4. Final Environmental Justice (EJ) Element, including:
o Existing Conditions Memorandum
o Evaluation of Environmental Hazard and Pollution section o Draft EJ Element goals, objectives, policies and programs and assessment of draft EJ Element goals, objectives, policies and program
5. Final Safety Element, including:
o Evaluation of existing Safety Element Memorandum
o Evaluation of Hazards Memorandum
Contract: Rincon Consultants for Safety Element Update, CONSENT CALENDAR EJ Element, and Community Driven Metrics February 27, 2024
o Assessment of draft Safety Element goals, objectives, policies and programs
6. Climate Action Monitoring and Evaluation Goals, Objectives and Metrics
7. Climate and Resilience Monitoring and Evaluation Dashboard/Storytelling
8. Matrix or memo detailing all Elements that must be amended for internal consistency and suggested language for updated goals and policies
9. Environmental Impact Report (EIR)
The City of Berkeley has a long and strong commitment to climate action and community resilience, and has developed numerous long-range plans and short-term strategies from an equity and community-driven perspective for outreach and engagement. Several relevant City-led planning efforts, either recently completed or currently underway, will inform this project, both in terms of technical analysis and community engagement approach, including the Berkeley Wellness Blueprint, the Local Hazard Mitigation Plan (LHMP), and the Community Wildfire Protection Plan.
Additionally, the Ecology Center, which will be serving as a partner on this project, has been engaging closely with vulnerable communities to create the Berkeley Climate Equity Collaborative, which will also be a key partner in all phases of the proposed scope of work. The City and its partners will incorporate significant community engagement activities through the duration of the project. Staff estimate that the General Plan updates will ultimately be advanced to City Council for review and adoption by the fall of 2026.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
This project envisions developing a replicable model for a planning process that prioritizes the needs of Berkeley’s most vulnerable and historically disadvantaged communities. These communities continue to experience adverse health impacts correlated to inadequate housing and other environmental factors due to historically low investment driven by deep-rooted racist policies. The City will create and implement a community-driven methodology to measure equitable outcomes and achieve multiple climate and resilience benefits for the community. This contract will further advance the City’s climate and resilience goals, as well as the City’s commitment to social and racial equity, one of the goals of its Strategic Plan.
RATIONALE FOR RECOMMENDATION
This contract directly responds to the goals set forth in the Council-adopted 2023-2031 Housing Element Update, and in particular Program 27, in which the City commits to update the Safety and Environmental Justice Elements of the General Plan by December 2026, as well as SB 1035 (requiring a full Safety Element Update by 2026) and SB 1000 (requiring cities with disadvantaged communities to add an Environmental
Contract: Rincon Consultants for Safety Element Update, CONSENT CALENDAR EJ Element, and Community Driven Metrics February 27, 2024
Justice Element when two or more General Plan Elements are updated concurrently).
Awarding this contract will help the City of Berkeley implement the Housing Element, comply with State law, and advance the City’s Strategic Plan goals.
ALTERNATIVE ACTIONS CONSIDERED
City staff considered managing and executing the project exclusively with staff resources. However, the scope of the work and the level of effort required to complete the tasks addressed required to update the Safety Element, create the Environmental Justice, as mandated by State law, and develop climate action monitoring and evaluation dashboard, as required by the OPR grant, exceeds the capacity of existing City staff. City staff also considered recommending awarding the contract to one of the other respondents but ultimately determined that the team led by Rincon Consultants, Inc. was the best qualified for the project.
CONTACT PERSON
Jordan Klein, Director, Planning and Development Department, 510-981-7534 Alisa Shen, Principal Planner, Land Use Planning Division, 510-981-7409 Zoe Covello, Associate Planner, Land Use Planning Division, 510-981-7418 Attachments:
1: Resolution
2. Resolution No. 70,998-N.S., adopted July 25, 2023, accepting grant funds from the Governor’s Office of Planning and Research
RESOLUTION NO. ##,###-N.S.
CONTRACT: ENVIRONMENTAL JUSTICE ELEMENT, SAFETY ELEMENT UPDATE,
AND EQUITABLE CLIMATE AND RESILIENCE METRICS
WHEREAS, California Government Code Section 65300 et seq. requires every city and county in California to adopt a General Plan for its long-range development, and further, to periodically update that plan to reflect current conditions and issues; and WHEREAS, the City of Berkeley adopted its current Disaster Preparedness and Safety Element on April 23, 2002 and does not currently have an Environmental Justice Element; and
WHEREAS, Senate Bill 1035 amended Government Code Section 65302 to require all cities to address climate change adaptation and resilience in their general plan safety element; and
WHEREAS, Senate Bill 1000 amended Government Code Section 65302 to require that cities and counties that have disadvantaged communities incorporate Environmental Justice (EJ) policies into their general plans, either in a separate EJ element or by integrating related goals, policies, and objectives throughout the other elements upon the adoption or next revision of two or more elements concurrently; and WHEREAS, on March 31, 2023, the City of Berkeley, in partnership with the Ecology Center as a co-applicant, submitted a proposal in response to the APGP Round 1 opportunity to fund the creation of a new General Plan Environmental Justice Element, update to the existing General Plan Disaster Preparedness and Safety Element, and develop community-driven climate and resilience metrics; and WHEREAS, on July 25, 2023, Berkeley City Council authorized the City Manager or their designee to accept the California Governor's Office of Planning and Research (OPR) Adaptation Planning Grant Program (APGP) grant in the amount of $497,042 and to execute any resulting grant agreement, for the duration of August 31, 2023 through January 31, 2026; and
WHEREAS, the City of Berkeley released a Request for Proposals on October 27, 2023 (Specification No. 24-11641-C); and
WHEREAS, a selection committee reviewed the proposals and determined Rincon Consultants, Inc., in partnership with the Equity First, CivicMakers, and Fehr & Peers was the best qualified team to provide the services needed for developing and implementing a new General Plan Environmental Justice Element, and create an Equitable Climate and Resilience Monitoring and Evaluation Strategy and Dashboard for a cumulative amount not-to-exceed $634,000; and
WHEREAS, the cost of the contracted service of an amount not-to-exceed $634,000 is covered by the California Office of Planning and Research (OPR) Adaptation Planning Grant Program (APGP) and budget code 011-53-584-622-0000-000-441-612990.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or their designee is authorized to award a contract and execute any amendments, extensions, or change orders Rincon Consultants, Inc. for an amount not to exceed $634,000, for a three-year period from contract execution.
BE IT FURTHER RESOLVED that a record signature copy of said contract and any amendments will be on file in the Office of the City Clerk.
Attachment 2
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
February 27, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Jordan Klein, Director, Planning and Development Department Subject: Contract No. 32300057 Amendment: Association for Energy Affordability for Pilot Climate Equity Fund
RECOMMENDATION
Adopt a Resolution authorizing the City Manager or designee to amend Contract No. 32300057 with Association for Energy Affordability for the Pilot Climate Equity Fund, increasing the amount by $43,556, to a new total contract amount not to exceed $126,890, and extend the contract through May 30, 2025.
FISCAL IMPACTS OF RECOMMENDATION
There are no net fiscal impacts of this recommendation. This proposed amendment would increase the contract authority for the Association for Energy Affordability by $43,556, which would be offset by funds not be fully expended under another contract (Contract No. 32300089 with BlocPower) within the Pilot Climate Equity Fund. Funding for the Pilot Climate Equity Fund was allocated in FY 2022 from budget code 017-53- 583-611-0000-000-441-612990.
CURRENT SITUATION AND ITS EFFECTS
This proposed contract amendment increases the contract authority and extends the scope and associated funding and timeline of the existing Association for Energy Affordability (AEA) contract. This will allow AEA to upgrade one additional multifamily building with electrification and energy efficiency measures such as heat pump water and space heaters, weather sealing, and insulation. Under this amendment, AEA will continue working with deed-restricted affordable housing and/or multifamily buildings with income-qualified residents for building electrification upgrades, and work to leverage additional funding and rebates to bring down the overall cost of the upgrade.
Under Resolution No. 70,316-N.S., AEA received $83,334 through the Pilot Climate Equity Fund. Two other contractors, BlocPower, which focuses on single-family electrification upgrades and financing, and Northern California Land Trust, which has its own portfolio of affordable housing, received similar amounts within the Program Area #1- Resilient Home Retrofits program. BlocPower is unable to expend all the funds in its contract. This amendment would reallocate BlocPower’s unused funds, $43,556, to
Contract No. 32300057 Amendment: Association for CONSENT CALENDAR Energy Affordability for Pilot Climate Equity Fund February 27, 2024
AEA. This would ensure that the funds will help additional income-qualified residents receive the benefits of building electrification.
Amending this contract supports the Strategic Plan Priority of advancing our goal to be a global leader in addressing climate change, advancing environmental justice, and protecting the environment.
BACKGROUND
On July 27, 2021, the City Council approved the “Resolution Establishing a Pilot Climate Equity Action Fund,” and on June 29, 2021, the City Council approved a budget item for FY21-22 of $600,000 for climate equity programs to promote building and transportation electrification for low-income residents. On May 26, 2021, the Berkeley Energy Commission unanimously approved a recommendation to create a Pilot Climate Equity Fund. On April 26, 2022, City Council approved the contracts for Pilot Climate Equity Fund, including a resolution to execute a contract with the Association for Energy Affordability in a not-to-exceed amount of $83,334, to provide building decarbonization and resilience benefits that enhance resilience, support occupants, and reduce greenhouse gas emissions for low-income residents.
AEA has been working with the Office of Energy and Sustainable Development’s Pilot Climate Equity Fund to complete whole-building energy efficiency and electrification retrofits in income-qualified multifamily buildings. AEA was selected for its expertise in the multifamily building sector and its ability to leverage additional funds, address priorities and needs identified by local low-income community members, and integrate electrification and energy efficiency measures with other income-qualified housing improvement programs.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
This amendment extends electrification benefits to low-income community members, many of whom are hit first and worst by climate change and its impacts. Specifically, it advances the City’s climate and resilience goals by reducing greenhouse gas emission and improving indoor air quality in homes by helping residents to transition away from fossil fuel-powered home appliances.
RATIONALE FOR RECOMMENDATION
The additional funding and extension of the current contract to May 30, 2025, will ensure that more residents receive the benefits of building electrification upgrades. The proposed contract amendment directly responds to the goals set forth in the Council- adopted Existing Buildings Electrification Strategy while supporting Berkeley to become a fossil fuel-free community.
Contract No. 32300057 Amendment: Association for CONSENT CALENDAR Energy Affordability for Pilot Climate Equity Fund February 27, 2024
ALTERNATIVE ACTIONS CONSIDERED
None.
CONTACT PERSON
Marna Schwartz, Sustainability Coordinator, Office of Energy and Sustainable Development, 510-981-7473
Sarah Moore, Interim Manager, Office of Energy & Sustainable Development, 510-981- 7494
Attachments:
1: Resolution
RESOLUTION NO. ##,###-N.S.
CONTRACT NO. 32300057 AMENDMENT: ASSOCIATION FOR ENERGY
AFFORDABILITY FOR PILOT CLIMATE EQUITY FUND
WHEREAS, on November 30, 2021, Berkeley City Council adopted the Berkeley Existing Buildings Electrification Strategy to prioritize equitable building electrification for income- qualified residents; and
WHEREAS, the City of Berkeley has determined that supporting building electrification programs and providing climate and resilience benefits to low-income Berkeley residents is a priority; and
WHEREAS, the City of Berkeley released a Request for Proposals on December 3, 2021 (Specification No. 22-11488-C), and a selection committee reviewed the proposals and determined that Association for Energy Affordability, BlocPower, and Northern California Land Trust were the best qualified contractors to provide the services needed for Program Area 1 – Resilient Home Retrofits for a cumulative amount not-to-exceed $250,000; and WHEREAS, on April 26, 2022, by Resolution No. 70,316-N.S., City Council authorized Contract No. 32300057 with Association for Energy Affordability to provide building electrification upgrades for income-qualified multifamily residents through the Pilot Climate Equity Fund in an amount not to exceed $83,334 for the period of September 1, 2022 to May 31, 2024; and
WHEREAS, the additional funding and extension of the current contracts to May 30, 2025, will enable Association for Energy Affordability to support additional income-qualified Berkeley residents on building electrification; and
WHEREAS, funds are available in the FY24 budget as part of the existing allocated Pilot Climate Equity Fund, budget code 017-53-583-611-0000-000-441-612990.
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. 32300057 with Association for Energy Affordability for the Pilot Climate Equity Fund, increasing the amount by $43,556, to a new total contract amount not to exceed $126,890, and extend the contract through May 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
February 27, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Andrew Murray, Interim Director of Public Works Subject: Accept Energy Efficiency and Conservation Block Grant Program Equipment Voucher
RECOMMENDATION
Adopt a Resolution authorizing the City Manager or their designee to submit an application and an Energy Efficiency and Conservation Strategy to the U.S. Department of Energy (DOE), execute any related revenue agreements and amendments, and accept funds for an equipment voucher from the Federal Energy Efficiency and Conservation Block Grant (EECBG) Program of up to $174,290 for the two-year period of February 14, 2024 through February 13, 2026.
FISCAL IMPACTS OF RECOMMENDATION
There is no match requirement and/or leveraging of funds required to receive these funds. The total funding available for this project is up to $174,290, according to the DOE State and Community Energy Programs’ Final Allocation of Funds notice which, specifically cites this amount for the City. The grant will fund necessary energy efficiency equipment upgrades at two critical municipal facilities: Fire Station 6 and the Public Safety Building. Vouchers to local governments will be for a two-year project and budget period. All funding will go towards equipment purchase and installation.
CURRENT SITUATION AND ITS EFFECTS
The funding from this EECBG Program will allow the City to make energy efficiency improvements to critical municipal facilities, which will in turn save money and allow the City to better serve the community. The projects are:
Fire Station 6: Replace building windows to increase energy efficiency and improve comfort and health conditions.
Public Safety Building: Replace old rooftop electric heat-pump HVAC units with new, more efficient electric heat-pump HVAC units.
The City plans to submit a formal application for the equipment voucher to DOE, and these projects will be managed through the Department of Public Works. All funding spent through this program must follow all federal regulations and rules, including Build
Accept Energy Efficiency and Conservation Block Grant Program Equipment Voucher CONSENT CALENDAR February 27, 2024
America, Buy America (BABA), Davis-Bacon, and the National Environmental Policy Act (NEPA).
This is a Strategic Plan Priority Project, advancing our goals to:
Provide state-of-the-art, well-maintained infrastructure, amenities, and facilities. Be a global leader in addressing climate change, advancing environmental justice, and protecting the environment.
BACKGROUND
The US DOE EECBG Program is designed to assist states, local governments, and Tribes in implementing strategies to reduce energy use, to reduce fossil fuel emissions, and to improve energy efficiency. The EECBG Program is a Justice40-covered program and thus contributes to the goal that 40 percent of the overall benefits of federal investments in clean energy and climate solutions flow to disadvantaged communities. 2009 EECBG Funding - ARRA
The EECBG program was first funded through the 2009 American Recovery and Reinvestment Act (ARRA). On June 2, 2009, Council authorized a previous application for the EECBG, and the City of Berkeley was awarded $1,013,500 to develop the Money for Energy Efficiency (ME2) Program, which ran from 2009 to 2012. The program provided rebates and mini-grants for energy audits and improvements for City residents and property owners.
2022 EECBG Funding – IIJA (Current)
In 2022, the EECBG program was funded with $550 million for fiscal year 2022 through the Infrastructure Investment and Jobs Act (IIJA). Prior to distributing funding to eligible entities, DOE intends to utilize $110 million to ensure delivery of an effective and efficient EECBG Program and to provide technical assistance to eligible entities. DOE will distribute $440 million in formula and competitive EECBG Program funding to eligible units of local government, states, and Indian tribes, with 98% of the funds being directly allocated to entities eligible for the formula allocation, and 2% as competitive grants for formula-ineligible entities. As a local government with more than 35,000 people, the City is eligible for a formula allocation of up to $174,290. The program outlines 14 eligible activities which range from strategy development to clean energy development.
Local governments receiving an allocation can choose to receive the funding as a formula grant, a voucher for technical assistance, or a voucher for equipment purchase and installation. The vouchers are equivalent to the formula allocation amount, and eligible entities that opt for vouchers have a simplified application process. Those using vouchers will not need to apply for and administer a direct federal grant, will have reduced documentation, monitoring and reporting requirements, and are not required to establish financial management systems typically required for federal grant management. The voucher option is recommended by DOE for entities receiving less
Accept Energy Efficiency and Conservation Block Grant Program Equipment Voucher CONSENT CALENDAR February 27, 2024
than $250,000, and therefore Staff recommends pursuing a voucher in lieu of a grant.
Since there are several upgrades needed in the City’s critical facilities, staff recommends this funding of up to $174,290 for equipment purchase and installation.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
This EECBG funding will advance energy efficiency, health and comfort benefits in critical municipal facilities directly serving the community. This work is aligned with the City’s ambitious goals, including those outlined in the Climate Action Plan.
RATIONALE FOR RECOMMENDATION
The proposed usage of the equipment voucher to make energy efficiency upgrades in critical municipal facilities is an eligible activity under the DOE guidelines and is also a goal under the Climate Action Plan. This work directly addresses the EECBG program goals of reducing energy use and improving energy efficiency in buildings that serve the City’s underserved communities.
The window replacements at Fire Station 6, which serves the West Berkeley community, will increase the efficiency, comfort, and health conditions at that station.
The rooftop HVAC replacements at the Public Safety Building, which serves many critical functions including the Emergency Operations Center, Jail, and Fire and Police Departments, will improve the energy efficiency, has the potential for financial savings, and will ensure that the community and Staff utilizing the building will have continued comfort and health benefits.
ALTERNATIVE ACTIONS CONSIDERED
Staff considered receiving the funding as a grant for $174,290 as opposed to an equipment voucher, but this route is not recommended by the DOE and would require significantly more administrative work and time for application, implementation, and reporting. A grant would enable the City to program the funding out to other organizations and/or community members, whereas a voucher does not allow this re- granting. The City is currently programming over $2M from the Council-funded Pilot Climate Equity Fund and Just Transition Pilot Program for electrification and resilience benefits for low-income residents.
CONTACT PERSON
Ronald A. Nevels, Manager of Engineering, Public Works, (510) 981-6439 Elmar Kapfer, Supervising Civil Engineer, Public Works (510) 981-6435 Katie Van Dyke, Climate Action Program Manager/Chief Resilience Officer, Planning, (510) 981-7403
Attachments:
1: Resolution
2: Berkeley Energy Efficiency and Conservation Strategy
RESOLUTION NO. ##,###-N.S.
RESOLUTION TO ACCEPT FUNDING FOR AN EQUIPMENT VOUCHER FROM U.S.
DEPARTMENT OF ENERGY (DOE) ENERGY EFFICIENCY AND CONSERVATION
BLOCK GRANT (EECBG) PROGRAM
WHEREAS, on June 2, 2009, the Council adopted the Climate Action Plan to reduce greenhouse gas emissions by 80% of the City’s 2000 emissions level; and WHEREAS, on April 1, 2016, the City released its Resilience Strategy; and WHEREAS, on November 1, 2016, the Council approved the City’s participation in the East Bay Community Energy (EBCE) Authority and authorized implementation of EBCE in the City; and
WHEREAS, on June 12, 2018, the Council declared a Climate Emergency and proposed a goal to become a Fossil Fuel-Free City; and
WHEREAS, on November 30, 2021, Council adopted a resolution approving the Existing Buildings Electrification Strategy; and
WHEREAS, on November 30, 2021, Council adopted a resolution for the Cities Race to Zero Campaign to establish a 2030 emission reduction target that reflects the City’s fair share of the 50% global reduction in CO2e, committing to reduce emissions 60.5% from 2018 levels by 2030; and
WHEREAS, the Infrastructure Investment and Jobs Act (IIJA) authorizes up to $174,290 of U.S. Department of Energy, Energy Efficiency Conservation Block Grant funding to the City; and
WHEREAS, an equipment voucher to purchase and installation of windows at Fire Station 6 and efficient electric heat pump HVAC rooftop systems at the Public Safety Building meets the objectives of the Climate Action Plan and federal guidelines for the EECBG Program.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley authorizes the City Manager or their designee to submit an application and an Energy Efficiency and Conservation Strategy to the US Department of Energy, execute any related revenue agreements and amendments and accept funds for an equipment voucher, from the Federal Energy Efficiency and Conservation Block Grant Program in the amount of up to $174,290 for the two-year period of February 14, 2024 through February 13, 2026.
Attachment: 2
Berkeley Energy Efficiency and Conservation Strategy
Part A:
Grantee: City of Berkeley, CA
Date: (02/13/2024)
UEI Number: KC7DYLV9EF25
Program Contact Email: [email protected]
1) Local governments must include within their proposed strategy a description of their goals for increased energy efficiency and conservation in the jurisdiction. Does your local government have existing energy efficiency and conservation or related goals? a) Yes
i) What goals do you have? (check all that apply)
(1) GHG reduction goal
(a) Specific goal (e.g., 80% GHG reduced from 1990 levels) (b) By what year? (e.g., 2050)
Berkeley’s 2009 Climate Action Plan sets a goal of reducing community-wide greenhouse gas (GHG) emissions by 80% below 2000 levels by 2050. On June 12, 2018, the Berkeley City Council declared a Climate Emergency and proposed a goal of becoming Fossil Fuel-Free City as soon as possible. On November 30, 2021, Berkeley City Council adopted a resolution for the Cities Race to Zero Campaign to establish a 2030 emission reduction target that reflects Berkeley’s fair share of the 50% global reduction in CO2e, committing to reduce emissions 60.5% from 2018 levels by 2030. (2) Energy use reduction goal
(a) Specific goal –
(b) By what year?
On June 12, 2018, Berkeley declared a Climate Emergency and established a goal of becoming a Fossil-Fuel-Free City. Since municipal accounts and most of the community purchase clean electricity that is 100% renewable, becoming a fossil-fuel-free city in buildings requires the transition away from natural gas to clean electricity through electrification. On July 23, 2019, Berkeley adopted a prohibition on natural gas in new construction and in order to eliminate natural gas from existing buildings, Berkeley adopted the Berkley Existing Building Electrification Strategy (BEBES) on November 30, 2021. BEBES provides actions and policy pathways to reduce and ultimately eliminate natural gas usage in existing buildings as quickly as possible with equity guardrails to assure that communities of color benefit from the clean energy transition. (3) Clean energy use goal
(a) Specific goal
(b) By what year?
Along with the fossil-fuel-free goal stated above, the City adopted a 100% renewable energy as soon as possible, or no later than 2045. Currently all municipal accounts and most residential and commercial electricity accounts subscribe to the 100% renewable option.
(4) EV adoption goal
(a) Specific goal
(b) By what year?
Berkeley’s Electric Mobility Roadmap, adopted on July 21, 2020, states that EV adoption rates in Berkeley of approximately 25% of the community-wide in-use fleet by 2025, 55% by 2030, and 100% by 2045 are needed for Berkeley to achieve zero net carbon by 2045. On September 15, 2021, Berkeley City Council adopted a resolution requiring that trips, which begin or end within the Berkeley, use sustainable modes of transport including walking, bicycling, public transit, or electric vehicles. The goal states that 50% of trips must be sustainable by 2030 and 100% must be sustainable by no later than 2040. In addition, on July 28, 2020, Berkeley City Council adopted a Municipal Fleet Assessment, a plan to accelerate Berkeley’s municipal fleet electrification by 2030.
(5) Job creation goal
(a) Specific goal
(b) By what year?
The Berkeley Existing Building Electrification Strategy identified that the transition to all-electric buildings will require additional training for skilled workers. The City did not adopt specific job creation goals.
(6) Job quality goal
(a) Specify goal
(b) By what year?
The Berkeley Existing Building Electrification Strategy included specific actions to achieve the goal of creating high-road jobs – family sustaining, living wages, comprehensive benefits and opportunities for career advancement - for building electrification. These actions include labor standards, Community Workforce Agreements, contractor prequalification and partnership with apprenticeship and pre- apprenticeship programs to support disadvantaged workers. (7) Other
(a) Specific goal
(b) By what year?
2) Does your local government have an existing plan or strategy document (e.g., climate action plan, energy conservation plan, comprehensive energy plan, etc.) to reduce energy use, increase energy efficiency, reduce emissions, or train workers for high-quality energy efficiency jobs?
a) Yes
i) Please attach/submit/link your plan
(1) See: https://berkeleyca.gov/your-government/our-work/adopted- plans/berkeley-climate-action-plan
ii) Do you intend to update your plan in the next two years? Since passing the Climate Action Plan in 2009, the City of Berkeley has developed several implementation plans, projects, and programs to meet the goals set forth in the CAP and by Council. For example, the City of Berkeley released its Resilience Strategy in 2016, adopted the Berkeley Electric Mobility Strategy in 2020, and adopted the Berkeley Existing Buildings Electrification Strategy in 2021. Further, in 2021 Berkeley City Council established
a $600,000 Pilot Climate Equity Action Fund to provide electrification and resilience upgrades to low-income residents, and also established a $1,500,000 Just Transition Pilot Program to provide low-income electrification retrofits in combination with minimum labor standards to advance equitable building decarbonization and high road jobs. 3) Are you planning to use a blueprint (see Section 4.5 of the EECBG Program Formula Grant Application Instructions document for more details)?
a) No
i) What category of work do you plan to apply your EECBG Program funds to? (check all that apply)
(a) 5.d. Energy efficiency retrofits - Municipal
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
February 27, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Andrew Murray, Interim Director of Public Works Subject: Contract: (Specification No. 24-11529-C) JJR Construction Inc. for FY 2024 Sidewalk Repair Project
RECOMMENDATION
Adopt a Resolution:
Approving plans and specifications for the FY 2024 Sidewalk Repair Project; Accepting the bid of JJR Construction Inc. as the lowest responsive and responsible bidder; and
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 in an amount not to exceed $4,246,955.
FISCAL IMPACTS OF RECOMMENDATION
Funding is available from the Sidewalk Capital Improvement Program, the Clean Storm Water Fund, and the Street Capital Improvement Program.
State Transportation Tax (FUND 127) .....................................................$200,000 Measure F Alameda County VRF ST and RD (FUND 133) .....................$300,000 Measure BB Sales Tax (Fund 134) ..........................................................$750,381 Private Party Sidewalks (Fund 149) .........................................................$750,000 Capital Improvement Fund (Fund 501) ..................................................$1,526,574 Clean Storm Water Fund (Fund 616) .......................................................$720,000 Total construction cost $4,246,955
No other funding is required, and no other projects will be delayed due to this expenditure.
Low bid by Contractor ...........................................................................$3,860,868 10% Contingency .....................................................................................$386,087 Total construction cost $4,246,955
Contract: JJR Construction, Inc CONSENT CALENDAR
for FY 2024 Sidewalk Repair Project February 27, 2024
CURRENT SITUATION AND ITS EFFECTS
The project will address over 215 locations (see Attachment 2, Location Map for Sidewalk Repairs) that were identified as requiring removal and replacement to repair from the sidewalk locations on the 50-50 program waiting list.
In addition to 50-50 sidewalk repairs, the project incorporates 114 curb ramp improvements at locations corresponding to the streets selected for the Street Rehabilitation FY 2024 Project (see Attachment 3, Location Map for Curb Ramp Improvements). Completing the curb ramp improvements in advance of the Street Rehab FY 2024 Project will ensure timely completion of the paving within the optimal weather window.
The project was released for bids on December 11, 2023, and bids were opened on January 11, 2024 (see Attachment 4, Abstract of Bids). Four non-local/local bids were received, from a low of $3,860,867.50 to a high of $5,077,234. The engineer’s estimate for the project was $3,747,432.
JJR Construction, Inc. of San Mateo, California was the lowest responsive and responsible bidder, with a bid of $3,860,868, and their references were found to be satisfactory. This project includes an 10% contingency, which brings the total contract amount up to the requested $4,246,955. Staff recommends a contract for this project be awarded to JJR Construction Inc.
The FY 2024 Sidewalk Repair Project (Specification No. 24-11529-C) is a Strategic Plan Priority Project, advancing our goal to provide state-of-the-art, well-maintained infrastructure, amenities, and facilities.
BACKGROUND
In October 2011, the City established a sidewalk repair and replacement program to improve the quality of Berkeley’s sidewalks. There are approximately 375 total miles of concrete sidewalk within the city limits and approximately twenty miles of that total is sufficiently damaged to justify replacement at estimated costs of $7 million dollars. The City currently shares sidewalk replacement costs with property owners on a 50-50 basis, irrespective of the cause of the deterioration. Concrete sidewalk replacement, however, may only occur on a “funds-available” basis, which resulted in a ten-year backlog of customers awaiting replacement. In recent years, with the increase in available funding from the Capital Improvement fund and the addition of Measure T1 funding, the projected waiting period for addresses added to the waitlist at present has been reduced from 8 to 10 years to 3-5 years. Additionally, the Department of Public Works has reduced the quantity of sidewalk requiring replacement by deploying alternative means of repair such as concrete shaving. While the shaving process has been highly successful and cost effective, uplifts of over 2 inches require removal and replacement, and oftentimes shaving does not address the underlying issue for the uplift such as shallow tree roots.
Sidewalk removal and replacement remain the most effective solution.
Contract: JJR Construction, Inc CONSENT CALENDAR
for FY 2024 Sidewalk Repair Project February 27, 2024
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The City’s sidewalk repair program is a component of the City’s climate action plan, as well-maintained sidewalks help to facilitate safe walking, which is a healthy and clean form of transportation.
RATIONALE FOR RECOMMENDATION
This sidewalk repair program is part of the City’s ongoing annual program to repair deteriorated sidewalks throughout the City. The work requires contracted services, as the City does not possess the in-house labor or equipment resources necessary to complete the project.
ALTERNATIVE ACTIONS CONSIDERED
No alternative action considered for this sidewalk repair project. The City could choose not to proceed with this project. However, the sidewalk conditions would then continue to deteriorate, affecting use by the community and others.
CONTACT PERSON
Ronald A Nevels, Manager of Engineering, Dept. of Public Works, (510) 981-6439 Srinivas Muktevi, Supervising Civil Engineer, Dept. of Public Works, (510) 981-6402 Attachments:
1: Resolution
2: Location Map for Sidewalk Repairs
3: Location Map for Curb Ramp Improvements
4: Abstract of Bids
RESOLUTION NO. ##,###-N.S.
CONTRACT: JJR CONSTRUCTION INC. FOR FY 2024 SIDEWALK REPAIR
PROJECT
WHEREAS, the FY 2024 Sidewalk Repair Project is part of the City’s ongoing Sidewalk Capital Improvement Program to rehabilitate deteriorated sidewalks located throughout the City; and
WHEREAS, the City has neither the labor nor the equipment necessary to undertake this FY 2024 Sidewalk Repair Project; and
WHEREAS, an invitation for bids was duly advertised and JJR Construction, Inc. was the lowest responsive and responsible bidder; and
WHEREAS, funding is available in the FY 2024 and FY 2025 budget in State Transportation Tax (Fund 127), Measure F (Fund 133), Measure BB Sales Tax (Fund 134), Private Party Sidewalks (Fund 149), Capital Improvement Fund (Fund 501), and Clean Storm Water Fund (Fund 616).
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Plans and Specifications for Specification No. 24-11529-C FY 2024 Sidewalk Repair 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, extensions or change orders, until completion of the project in accordance with the approved plans and specifications with JJR Construction, Inc. for the FY 2024 Sidewalk Repair Project, in an amount not to exceed $4,246,955, which includes a 10% contingency for unforeseen circumstances. A record signature copy of said agreement and any amendments to be on file in the Office of the City Clerk.
City of Berkeley
Abstract of Bid Worksheet
Finance Department
General Services Division
24-11529-C Bid Date: 1.11.2024
FOR: FY24 Sidewalk Repair Project
required w/ bid
Bidders Package A Package B Package A + B Bid Bond Addendum (1) Experience - Fin. Qual. Taxpayer ID Opp.States Nuclear
Free EBO Sanctuary
City
1 Kerex Engineering 2,920,440.00$ 2,156,794.00$ 5,077,234.00$ X X X X X X X X 2 Rosas Brothers Construction 2,329,250.00$ 1,549,647.00$ 3,878,897.00$ X X X X X X X X 3 Sposeto Engineering 2,444,197.00$ 1,425,933.50$ 3,870,130.50$ X X X X X X X X 4 JJR Construction Inc.* 2,163,889.50$ 1,333,978.00$ 3,497,867.50$ X X X X X X X X 5 *Error in tabulation of
JJR Construction's Bid 2,526,889.50$ 1,333,978.00$ 3,860,867.50$ 6 7
8 9
10 Bid Recorder: Date
Bid Opener: Date
Project Manager: Date
2180 Milvia Street, Berkeley, CA 94704 Tel: 510.981.7320 TDD: 510.981.6903 Fax: 510.981.7390 E‐mail: [email protected]
Signature:
Email:
Signature:
Email:
Darryl Sweet
[email protected]
Roopreet Soorma
[email protected]
Terrence Salonga
01/12/2024
Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager
CONSENT CALENDAR
February 27, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Andrew Murray, Interim Director of Public Works Subject: Contract: (Specification No. 24-11621-C): Bay Pacific Pipeline, Inc. for Virginia
Street, Russell Street, et al. Sanitary Sewer Rehabilitation Project
RECOMMENDATION
Adopt a Resolution approving plans and specifications for the Sanitary Sewer Project located on Virginia Street, Russell Street, et al., and:
Accept the bid of the lowest, responsive and responsible bidder, Bay Pacific Pipeline, 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 $4,828,002, which includes a 10% contingency of $438,909.
FISCAL IMPACTS OF RECOMMENDATION
Funding is available in the FY 2024 Sanitary Sewer Fund.
Low bid by Pacific Pipeline, Inc....................................$4,389,093 10% Contingency ................................................................$438,909 Total construction cost $4,828,002
CURRENT SITUATION AND ITS EFFECTS
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 7,343 linear feet of sanitary sewer mains varying in size from 6-inch to 15-inch diameter sanitary sewer pipe; rehabilitation of fifty-three maintenance holes; and other related work.
Contract: Bay Pacific Pipeline, Inc. for Sanitary Sewer Rehabilitation CONSENT CALENDAR Virginia Street, Russell Street, et al. February 27, 2024
The contract's ninety working day term includes a seventy working day construction period and an additional twenty working days for project closeout.
An Invitation for Bids (Specification. No. 24-11621-C) was released on December 15, 2023, and bids were opened on January 11, 2024. Five non-local bids were received ranging from a minimum of $4,389,093 to a maximum of $6,128,334, as detailed in Attachment 3 (Bid Results). The City Staff estimate for the project was $3.9 million.
Bay Pacific Pipeline, Inc. of Novato, CA was the lowest responsive and responsible bidder with a bid of $4,389,093. References for Bay Pacific Pipeline, Inc . proved satisfactory. Therefore, Staff recommends the contract be awarded to Bay Pacific Pipeline, Inc. Responsive bids are 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).
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.
Contract: Bay Pacific Pipeline, Inc. for Sanitary Sewer Rehabilitation CONSENT CALENDAR Virginia Street, Russell Street, et al. February 27, 2024
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 has a three-year running average of approximately 22,200 linear feet replaced or rehabilitated through December 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: BAY PACIFIC PIPELINE INC. FOR SANITARY SEWER
REHABILITATION – VIRGINIA STREET, RUSSELL STREET, 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
December 15, 2023 , the City released an Invitation for Bids (Specification No. 24-11621-C) for sanitary sewer rehabilitation and replacement; and WHEREAS, the City received five bids, and Bay Pacific Pipeline, 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.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Plans and Specifications of Specification No. 24-11621-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 Bay Pacific Pipeline, Inc., until completion of the project in accordance with the approved plans and specifications for the Sanitary Sewer Rehabilitation Project -
Virginia Street, Russell Street, et al , in an
amount not to exceed $4,828,002, which includes a 10% contingency for unforeseen circumstances. A record signature copy of said agreement and any amendments will be on file in the Office of the City Clerk.
EMERYVILLE
S O U T H E R N P A C F I C R I G H T O F W A Y
UNIVERSITY AVE
HEARST AVE2ND ST
ADDISON ST
ALLSTON WAY
DELAWARE ST
CEDAR ST
GILMAN ST
HARRISON ST
CAMELIA ST
6TH ST
ALBANY
BERKELEY
BONITA AVE
M.L.K. MIDDLE SCHOOLHOPKINS ST
ROSE ST
WALNUT ST
UNIVERSITY AVE
SAN PABLO AVE
DELAWARE ST
SAN PABLO AVE
JONES ST
HOPKINS ST
BART
VIRGINIA
JAYNES ST
CALIFORNIA ST
SHATTUCK AVE
SACRAMENTO ST
SACRAMENTO ST
VIRGINIA ST
BANCROFT WAY
FRANCISCO ST
DELAWARE ST
PARKER ST
CHANNING WAY
CHANNING WAY
CARLETON ST
GRAYSON ST
HEINZ AVE ASHBY AVE
TYLER ST
WOOLSEY ST
FAIRVIEW ST
ALCATRAZ AVE
ASHBY AVE
SAN PABLO AVE
ADELINE ST
5TH ST
DWIGHT WAY
7TH ST
MLK JR. WAY
DOHR ST
IDAHO ST
CALIFORNIA
MCKINLEY AVE
5TH ST
ROSE ST
BROWNING ST
66TH ST
HARMON STBAKER ST
MCGEE AVE
MARTIN LUTHER KING JR. WAY
MILVIA ST
ATHERTON
OXFORD ST
RUSSELL ST
MCGEE AVE WALNUT ST
SANTA FE RAILROAD
ST
S O U T H E R N P A C F I C R I G H T O F W A Y
EMERSON ST
EASTSHORE HWY
WARD ST
MABEL ST
BERKELEY
EMERYVILLE
UNIVERSITY OF CALIFORNIA
BERKELEY
ALBANY
BOLIVAR DR
HWY I-80
HWY I-80
HWY I-80
AQUATIC PARK
BOLIVAR DR
SHATTUCK AVE
BERKELEY
DERBY ST
ALLSTON WAY
BANCROFT WAY
PARKER ST
MLK JR WAY
ADDISON ST
HEARST
DWIGHT WAY
ACTON ST
CALIFORNIA ST
BERKELEY WAY UNIVERSITY AVE
SHATTUCK AVE
SACRAMENTO ST
MILVIA ST
CARLETON ST
FAIRVIEW ST
NIELSON ST
7TH ST
CURTIS ST
PARK ST
WORK LOCATION
LEGEND
CITY OF BERKELEY, CALIFORNIA
SANITARY SEWER REHABILITATION PROJECT
VIRGINIA ST, PARKER ST, ET AL.
SPECIFICATION NO. 24-11621-C
City of Berkeley
Abstract of Bid Worksheet
Finance Department
General Services Division
24-11621-C Bid Date: 1.11.2024
FOR: Sanitary Sewer Rehab, Virginia, Russel ETC
required w/ bid
Bidders Base Bid Bid Bond Addendum (1) Experience -
Fin. Qual. Taxpayer ID Opp.States Nuclear
Free EBO Sanctuary
City
1 Koios Engineering 4,845,851 X X X X X X X X
2 Devaney Engineering 5,386,167 X X X X X X X X
3 Express Plumbing 4,942,119 X X X X X X X X
4 Cratus Inc. 6,181,334 X X X X X X X X
5 Bay Pacific Pipeline Inc. 4,389,092.50 X X X X X X X X 6 7
8 9
10 Bid Recorder: ROOP SOORMA Date 1.11.2024
Bid Opener: Date
Project Manager: Date
0 2180 Milvia Street, Berkeley, CA 94704 Tel: 510.981.7320 TDD: 510.981.6903 Fax: 510.981.739 E‐mail: [email protected]
1.11.2024
1/12/2024
Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: https://berkeleyca.gov/
CONSENT CALENDAR
February 27, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Andrew Murray, Interim Director of Public Works Subject: Contract (Specification. No. 24-11645-C): Koios Engineering, Inc. for Urgent Sewer Repair FY2024 Project
RECOMMENDATION
Adopt a Resolution:
Approving plans and specifications for the Urgent Sewer Repair FY2024 Project;
Accepting the bid of the lowest responsive and responsible bidder, Koios Engineering, Inc.; and
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, in an amount not to exceed $465,187, which includes a 10% contingency of $42,289.
FISCAL IMPACTS OF RECOMMENDATION
Funding is available in the FY 2024 Sanitary Sewer Fund.
Low bid by Koios Engineering, Inc....................................$422,898 10% Contingency ..................................................................$42,289 Total construction cost $465,187
CURRENT SITUATION AND ITS EFFECTS
This sanitary sewer project is part of the City's ongoing program to rehabilitate or replace its aging sanitary 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 facilities need immediate rehabilitation to prevent pipe failures, sewer blockages, and leakage problems. 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 problems previously found in other sanitary sewer mains before their replacement.
Planned work entails point (spot) repair of 6-inch, 8-inch, 16-inch diameter sanitary sewer pipe at twenty-four locations; rehabilitation of approximately 275 linear feet of
Contract: Koios Engineering, Inc. for Urgent Sewer Repair FY2024 CONSENT CALENDAR Project February 27, 2024
sewer mains; rehabilitation of two maintenance holes; and any related work. These repairs will correct existing acute defects including imminent structural failures identified during the FY2023 sewer main inspection and condition assessment program. The planned scope of work also includes provision for emergency/urgent work related to acute sewer system defects at other locations that may arise during FY 2024. As required by the Environmental Protection Agency (EPA) and California Regional Water Quality Control Board (RWQCB) Consent Decree, such acute defects must be addressed within one year of being identified. The contract’s ninety-five working day term includes a fifty working day construction period, and an additional forty-five working days for project closeout. A 10% contingency is included for related construction events.
An Invitation for Bids (Specification. No. 24-11645-C) was released on December 6, 2023, and bids were opened on December 21, 2023. Thirteen non-local bids were received, ranging from a minimum of $422,898 to a maximum of $1,234,363, as detailed in Attachment 3 (Bid Results). The Engineer's estimate for the project was $600,000. Upon review of the bid results, two bids were found to have arithmetic errors.
Corrections to the two bids did not affect the lowest responsive and responsible bidder.
Koios Engineering, Inc., headquartered in San Francisco, California, was the lowest responsive and responsible bidder with a bid of $422,898, and their references were
satisfactory.
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 (RWQCB) 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 storm water 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 discharges from their 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 at an average annual rate of no less than 22,120 feet of sanitary sewer mains on a three-fiscal-year rolling average. This supports ongoing work previously identified in the City's Sanitary Sewer Management Plan (SSMP) and Asset Management Implementation Plan (AMIP).
Contract: Koios Engineering, Inc. for Urgent Sewer Repair FY2024 CONSENT CALENDAR Project February 27, 2024
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 repair acute defects within one year of discovery, and 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 Daniel Akagi, Supervising Civil Engineer, Public Works, (510) 981-6394 Jonathan Caudillo, Junior Public Works Engineer, Public Works, (510) 981-6427 Attachments:
1: Resolution
2: Location Map
3: Bid Results
RESOLUTION NO. ##,###-N.S.
CONTRACT: KOIOS ENGINEERING, INC. FOR URGENT SEWER REPAIR FY2024
PROJECT
WHEREAS, the Sanitary Se wer Project is part of the City's on-going Sanitary Sewer Capital Improvement Program to rehabilitate or replace the aging and deteriorated sanitary sewer system; and
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 (RWQCB) 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 December 6, 2023, the City released an Invitation for Bids (Specification No. 24-11645-C) for sanitary sewer rehabilitation and replacement; and WHEREAS, on December 21, 2023, the City received thirteen bids, and Koios Engineering, Inc. was found to be the lowest responsive and responsible bidder; and WHEREAS, the City filed a Notice of Exemption on May 18, 2023, declaring these urgent repairs are exempt from the California Environmental Quality Act (CEQA); and WHEREAS, funds are available in the FY 2024 budget Sanitary Sewer Fund.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Plans and result of Specification No. 24-11645-C for the Urgent Sewer Repair FY2024 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 Urgent Sewer Repair FY2024 Project in an amount not to exceed $ 465,187, which
includes a 10% contingency for unforeseen circumstances. A record signature copy of said agreement and any amendments will be on file in the Office of the City Clerk.
City of Berkeley
Abstract of Bid Worksheet
Finance Department
General Services Division
24-11645-C Bid Date: 12/21/2023
FOR: Urgent Sewer Repair Project FY 2024
required w/ bid
Bidders Base Bid Bid Bond Addendum (1) Experience -
Fin. Qual. Taxpayer ID Nuclear
Free Opp.States Sanctuary
City EBO
1 Andes Construction Inc 655,334.00$ X X X X X X X X 2 APB ENGINEERING 497,856.00$ X X X X X X X X 3 CALIFORNIA TRENCHLESS 971,417.00$ X X X X X X X X 4 EXPRESS PLUMBING 565,136.00$ X X X X X X X X 5 GLOSAGE ENGINEERING 632,345.00$ X X X X X X X X 6 HARDIMAN CONSTRUCTION 544,612.00$ X X X X X X X X 7 JOHN BOYLAN ENGINEERING 599,185.60$ X X X X X X X X 8 JPB DESIGNS INC. 763,330.00$ X X X X X X X X 9 KOIOS ENGINEERING 422,898.00$ X X X X X X X X 10 KEREX ENGINEERING 804,724.00$ X X X X X X X 11 BAY CONSTRUCTION 769,934.00$ X X X X X X X X 12 PIPE AND PLANT SOLUTIONS 1,234,363.00$ X X X X X X X X 13 SMELLY MEL'S PLUMBING 553,112.00$ X X X X X X X X Bid Recorder: Roop Soorma Date
Bid Opener: Josh Roben Date
Project Manager: Jonathan Caudillo Date
2180 Milvia Street, Berkeley, CA 94704 Tel: 510.981.7320 TDD: 510.981.6903 Fax: 510.981.7390 E-mail: [email protected]
ATTACHMENT 3
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
February 27, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Andrew Murray, Interim Director, Department of Public Works Subject: Reject Bids – FY 2023 Retaining Wall and Storm Drain Improvement Project, Specification Nos. 23-11616-C & 23-11614-C
RECOMMENDATION
Adopt a Resolution authorizing the City Manager to reject bids and direct staff to re- advertise the work associated with the FY 2023 Retaining Wall and Storm Drain Improvement Project, Specification Nos. 23-11616-C & 23-11614-C.
FISCAL IMPACTS OF RECOMMENDATION
Additional staff time will be required to re-advertise the FY 2023 Retaining Wall and Storm Drain Improvement Project (Project).
CURRENT SITUATION AND ITS EFFECTS
The FY 2023 Retaining Wall and Storm Drain Improvement Project (Specification Nos. 23-11616-C and 23-11614-C) is a project that includes several required infrastructure repairs and improvements, including repairs of retaining walls and bridge abutments. Staff considered the impacts of rejecting the single bid proposal from Redgwick Construction Company and believes that promptly re-advertising the project is unlikely to pose any substantial additional risk to the current infrastructure.
The FY 2023 Retaining Wall and Storm Drain Improvement Project (Specification Nos. 23-11616-C & 23-11614-C) was released for bids on October 6, 2023, and bids were opened on November 7, 2023. At the bid opening, only one bid was received from Redgwick Construction Company of Oakland, California, with a bid of $2,010,117 (see Attachment 2, Abstract of Bids), approximately 40% higher than the $1.42 million Engineer’s estimate for this project. Based on the review of bids with similarly scoped concrete projects, staff recommends that this bid be rejected and the project be re- advertised.
BACKGROUND
The project includes several infrastructure repairs and improvements throughout various locations in the City:
Reject Bids – FY 2023 Retaining Wall & Storm Drain Improvement Project CONSENT CALENDAR Specification Nos. 23-11616-C & 23-11614-C February 27, 2024
Two existing storm drain access points at 2 nd St are currently not up to the City’s current standards and will be upgraded to standard storm drain maintenance holes to facilitate ease of access for maintenance workers.
The City built the retaining walls on Hilgard and La Loma in the early 20 th century without a robust tie-back system. With the extensive root damage from adjacent trees, the walls have begun to rotate and lean, with severely offset cracks. The project replaces the retaining walls with retaining walls anchored with cast-in- drilled-hole pier foundations.
The north and south approaches to the La Loma Bridge are experiencing settlement at the bridge abutments. This work may require additional coordination with EBMUD as they plan to replace their water main at the south end of the La Loma bridge. The settled bridge approach sidewalks will be reinstalled for pedestrian safety with soil retaining structures and associated pavement. The traffic circle at Piedmont and Channing is a roundabout with one of the most extended crosswalk lengths in Berkeley. With funding from the UC Long Range Development Plan Settlement, this project will integrate pedestrian safety measures like curbed medians and island passageways, and upgraded signage and striping.
A staircase will be installed at the lower end of an Upper Columbia Path, on an undeveloped 10’ wide Public right-of-way, adding to our extensive Berkeley path network. Our partners, the Berkeley Path Wanderers Association, will work to complete the upper end of the path, building it with their standard wooden railroad tie path. The path will connect existing paths at Columbia Walk and Lower Columbia Path, further facilitating ease of evacuation in the hills in case of emergency.
The makeshift traffic circle at Woolsey and Eton is not functioning efficiently as a traffic calming device and receives significant cut-through traffic to/from College and Claremont. The request for a redesigned traffic circle originated as a community traffic calming request in 2012. Improvements will include a larger traffic circle and median channelizers on all three legs of the intersection, designed via analyses of vehicle turn movements.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Enhancements at the Piedmont and Channing traffic circle, including pedestrian-friendly features like curbed medians, island passageways, and the Upper Columbia Path staircase, promote walkability and environmental sustainability. These improvements encourage reduced vehicle use and emissions and support a healthier, more eco-friendly urban community.
Reject Bids – FY 2023 Retaining Wall & Storm Drain Improvement Project CONSENT CALENDAR Specification Nos. 23-11616-C & 23-11614-C February 27, 2024
RATIONALE FOR RECOMMENDATION
The only bid received is approximately 40% higher than the Engineer’s estimate for the project. Staff reviewed bids with similarly scoped projects, and recommends that this bid be rejected and the project be re-advertised.
ALTERNATIVE ACTIONS CONSIDERED
Staff considered recommending the project be awarded to Redgwick Construction Company and determined it would be in the City’s best interest to re-advertise the project.
CONTACT PERSON
Ronald A. Nevels, Manager of Engineering, Public Works, (510) 981-6439 Srinivas Muktevi, Supervising Civil Engineer, Public Works, (510) 981-6402 Attachments:
1: Resolution
2: Abstract of Bids
RESOLUTION NO. ##,###-N.S.
REJECT BIDS AND DIRECT STAFF TO RE-ADVERTISE THE FY 2023 RETAINING
WALL AND STORM DRAIN IMPROVEMENT PROJECT
WHEREAS, the FY 2023 Retaining Wall and Storm Drain Improvement Project is intended to address both maintenance and capital improvement needs at various locations throughout the City; and
WHEREAS, the City has neither the labor nor the equipment necessary to undertake this FY 2023 Retaining Wall and Storm Drain Improvement Project; and WHEREAS, an invitation for bids was duly advertised (Specification Nos. 23-11616-C & 23-11614-C), and one bid in the amount of $2,010,117 was received on November 7, 2023, and this bid amount is approximately 40% over the project engineer’s estimate; and WHEREAS, staff have evaluated the bid received and determined it to be in the City’s best interest to re-advertise the project.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the bid from Redgwick Construction Company is rejected and the City Manager is authorized to re-advertise the FY 2023 Retaining Wall and Storm Drain Improvement Project, Specification Nos. 23-11616-C & 23-11614-C.
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
February 27, 2024
To: Honorable Members of the Berkeley City Council
From: Mayor Jesse Arreguín (Author), Councilmember Sophie Hahn (Author), and Councilmember Susan Wengraf (Co-Sponsor)
Subject: Resources to Plan for Future Health Care Access for Berkeley Residents
RECOMMENDATION
Allocate $300,000 from the General Fund for legal and/or other technical expertise as may be needed to identify/evaluate existing or potential opportunities to secure the future of healthcare and hospital access for the people of Berkeley.
Funds should be used to broadly explore healthcare needs of the entire Berkeley community, now and in the coming decades, including the needs of low income communities and communities of color, the elderly, youth, women, and other groups that have lower health and life-expectancy outcomes and/or have specialized healthcare needs; and healthcare facilities, programs, and other assets that are and/or can be accessible to Berkeley residents in the coming years.
BACKGROUND
In 2016, Sutter Health announced its intention to close Alta Bates hospital, the only full- service acute care hospital between Berkeley and the northernmost communities of Contra Costa County, by 2030. Alta Bates has a capacity of 347 beds, and is the third largest general acute care facility in the region. Its service area includes almost 850,000 residents, of whom 44% are people of color and 36% are below 200% of the federal poverty level.
On July 12, 2016, City Council passed Resolution No, 67,615–N.S, opposing Sutter’s plans to close the hospital. The Resolution further resolved that the Mayor, City Council and City Departments pledged to cooperate fully to facilitate this process (Attachment 1). The Mayor’s Office convened the Alta Bates Regional Task Force composed of officials from Alameda and Contra Costa Counties, and the cities of Alameda, Albany, El Cerrito, Emeryville, Oakland, San Pablo and Richmond, as a venue to share information
Funding to Study and Evaluate Options
to Secure Healthcare Needs of Berkeley Residents
2 and explore policy alternatives. Subsequently, a formal request was sent to Sutter Health on February 7, 2019 requesting that Sutter provide a plan, in writing, for the retrofitting/rebuild of Alta Bates Hospital or share their future plans for the property. To date, Sutter has not provided such a plan to the City Council or the public and has not indicated in any forum that it plans to continue operating Alta Bates as a full service acute and emergency care hospital after the 2030 deadline.
According to the 2018 Health Status Report, significant health disparities persist in Berkeley, particularly impacting the African American community. Despite comprising only 8% of the population, African Americans accounted for nearly 30% of the Years of Potential Life Lost (YPLL), indicating a higher rate of premature death compared to other racial/ethnic groups. This disparity extends to various health conditions: African Americans were 2.3 times more likely to die prematurely from any condition compared to Whites and faced inequitably high rates of hospitalization due to uncontrolled diabetes and its long-term complications. Moreover, the rate of hospitalization due to hypertension among African Americans sharply increased, being over five times that of the total population. These troubling health trends, coupled with the potential closure of Alta Bates hospital, could further strain the healthcare system, exacerbating the challenges faced by vulnerable populations in Berkeley and intensifying the need for comprehensive and accessible healthcare solutions across the city.
In December 2018, a Rapid Health Impact Assessment Report (RHIA) was commissioned by the Task Force and delivered by a research team at the UC Berkeley Institute of Urban and Regional Development, led by professor Jason Corburn. The RHIA report identified potential health impacts of the closure of Alta Bates. With the hospital serving as a regional hub for pregnancy and birthing, there will be reduced high quality prenatal, birthing & neonatal care accessible to Berkeley and other East Bay residents. Closure will disproportionately impact people of color and low-income/ uninsured residents, many of whom are already at a higher risk of having health complications. Emergency departments in hospitals throughout the region will see increased crowding, leading to longer wait times, longer travel times, and placing additional strains on ambulances, negatively impacting both the Berkeley Fire and Police Departments. Closure also places the entire I-80 corridor at additional risk in the event of a disaster such as an earthquake, wildfire - or pandemic, with victims having less access to emergency services.
In addition to these disparate impacts across the region, the report identified a particularly acute impact to Berkeley’s elderly and student populations. Approximately, 13% of the population in the Alta Bates Hospital Service Area is over the age of 65, with an additional 12% between the ages of 55-64. Notably, in three Berkeley ZIP codes (94705, 94707, and 94708), the elderly population (over 65) constitutes 20-30% of the residents, indicating a significant portion of the population that might require more
Funding to Study and Evaluate Options
to Secure Healthcare Needs of Berkeley Residents
3 healthcare services, particularly in the context of emergency services and age-related health issues. Moreover, UC Berkeley students rely heavily on Alta Bates services, with an estimated 4,000 emergency visits per day. Student health and mental health would be impacted by the loss of Alta Bates, where between 2,500-3,000 students are referred to from the student health center (Tang Center).
While securing the healthcare needs of Berkeley residents and understanding and addressing the impacts of closure of Alta Bates have been topics of interest and concern to the City Council for many years, evidenced by resolutions, letters, and studies, the COVID pandemic paused progress at a critical moment - and put enormous stress on health care facilities region-wide, including Alta Bates, which heroically cared for (and continues to care for) victims of this unprecedented pandemic. With the Pandemic now under control - and 2030 just six years away - the need to pick up the pace to understand and explore options for the people of Berkeley to have their healthcare needs met is more urgent than ever. Allocating $300,000 will allow the City to commission studies and/or engage consultants and attorneys (if necessary) to quickly bring forward data and explore potential options for consideration by the City Council.
FINANCIAL IMPLICATIONS
$300,000 from the General Fund
ENVIRONMENTAL SUSTAINABILITY
Not Applicable
CONTACT PERSON
Mayor Jesse Arreguín 510-981-7100
Councilmember Sophie Hahn 510-981-7150
Attachments:
1. Resolution 67,615
2. City of Berkeley 2018 Health Status Summary Report
3. 2018 Rapid Health Impact Assessment: Proposed Closure of Alta Bates Campus
Report
2018
Health
Status
City of Berkeley
SUMMARY
ACKNOWLEDGEMENTS
We wish to acknowledge the many persons who contributed their time, expertise, and wisdom to inform this report.
The assistance has been invaluable. We thank the City Manager, Dee Williams-Ridley, the City Council, Health Housing and Community Services (HHCS) Director Paul Buddenhagen, and HHCS staff for their support and dedication to the City’s health.
This report was produced by the City of Berkeley
Public Health Division:
Lisa B. Hernandez, MD, MPH, Health Officer
José A
. Ducos, MD, MPH, Manager Vital Statistics
and Epidemiology
Alvan Quamina, JD
, PhD, MPH, Health Services Supervisor
Rebecca L. Fisher, MPH, MA, Epidemiologist
Public Health Division Students and Interns:
Michael Huynh, MPH
Heather Jones, MPH
Victoria Le
Victoria Mercado, MPH
Catherine Nguyen, MPH
Jennif
er Tan
Key Contributors:
Laura Schroeder, MPP
Essence Fisher-Hobson, MS
Reviewers and Contributors:
Alison Roberts, Ana Weidenfeld, Ann Song, Cheryl Ford,
Dechen Tsering, Essence Fisher-Hobson, JoAnn Evangelista, Jocelyn De Sena, Josie Emunah, Katherine Brown,
Kelly Wallace, Kim Cardoso, Laura Schroeder, Lisa Sterner, Marcia Brown-Machen, Marty Lynch, Patrice Paul,
Rikki Moreno, Robert Benjamin, Sandra Hunter, Suzanne Ridel, T
anya Bustamante, Vicki Alexander, Victoria Lopez
T o obtain additional copies of this report, or to make suggestions, please contact:
City of Berkeley Public Health Division
1947 Center Street, 2nd Floor
Berkeley, CA 94704
Phone: 510-981-5300; TTY: 981-6903
Website: http://www.ci.berkeley.ca.us/publichealth/reports/reports.html Email: [email protected]
CITY OF BERKELEY LEADERSHIP
City of Berkeley City Council
City Mayor, Jesse Arreguin,
Councilmember Linda Maio, District 1
Councilmember Cheryl Davila, District 2
Councilmember Ben Bartlett, District 3
Councilmember Kate Harrison, District 4
Councilmember Sophie Hahn, District 5
Councilmember Susan Wengraf, District 6
Councilmember Kriss Worthington, District 7
Councilmember Lori Droste, District 8
Berkeley City Manager, Dee Williams-Ridley
Health, Housing & Community Services
Leadership
Paul Buddenhagen, Department Director
Kelly Wallace, Deputy Director
Tanya Bustamante, Aging Services
Manuel Ramirez, Environmental Health
Kristen Lee, Housing and Community Services
Steve Grolnic-McClurg, Mental Health
Leah Talley, Public Health
Lisa B. Hernandez, Public Health
Cover photos: Berkeley Unified School District,
Nancy Rubin-Berkeleyside, Annie Burke
T oomey Design
City of Berkeley HEALTH STATUS SUMMARY REPORT 2018
1 INTRODUCTION
The City of Berkeley is a prosperous, innovative, and thriving community. Our city has considerable wealth, high levels of educational attainment, and a rich culture that all contribute to a healthy community. Despite overall good health,
Berkeley is not a city where all people are living long and healthy lives and are achieving the highest possible level of health. In Berkeley, African Americans and other people of color die prematurely and are more likely than White people to experience a wide variety of adverse health conditions throughout their lives.
Achieving optimal health for all requires that everyone has access to resources and environments that support
health and wellness. Higher incidence of disease is linked to neighborhoods that have been historically under-
resourced and overexposed to unhealthy conditions. These neighborhoods have more people living in poverty and more people of color than surrounding neighborhoods. A truly healthy Berkeley depends on achieving and maintaining
optimal health and wellness for all people regardless of an individual’s or group’s position in society. Health inequities among racial and ethnic groups are striking and extend across a number of indicators. These health inequities are neither new nor unique to Berkeley—nevertheless, they are unjust and unacceptable. The conditions in which we are born, grow, live, work and age, broadly known as the social determinants of health, greatly influence how well and how long we live. T o aggressively address the health disparities we see in this report requires that we also address the underlying social, economic, and environmental inequities that perpetuate them.
Berkeley is well positioned to realize greater health equity.
Our community is known for its political and social activism.
Our residents are passionate about creating healthier
communities. Our leaders have a long standing commitment to achieving health equity and have been at the forefront of innovative health programs and policies. We are one of three cities in the state of California that has its own Public Health Jurisdiction. This distinction enables public health services to be focused on and dedicated to a discreet population. While the challenges we face should not be underestimated, through strategic collaboration, a unified vision, and broad community engagement we can achieve our mission of optimal health and wellness for all.
The Health Status Report is written by the Public Health Division of the Department of Health, Housing and Community Services and is released periodically to provide a picture of the health status of people who live in Berkeley. The report has three key objectives:
•
Monitor health concerns impacting the City with a focus on health disparities and social determinants of health; •
Show trends and changes in health over time;
• Guide our Public Health work and support community
partners in shaping and responding to policy and other
factors influencing Berkeley’s health and quality of life.
This report will help the Public Health Division define goals and objectives for improving Berkeley’s health. It is also designed to spark community conversations, spur collaboration and inform decision making throughout Berkeley.
PUBLIC HEALTH
VISION AND MISSION
Vision: Healthy people in healthy communities.
Mission: T o achieve and maintain optimal health
and well-being for all people in Berkeley. We do
this by working in partnership with our diverse
communities to: promote healthy behaviors and
environments, prevent illness and injury, protect
against disease and other emerging health threats,
eliminate health inequities, and advocate for social
and environmental justice.
DEPARTMENT OF HEALTH,
HOUSING, & COMMUNITY SERVICES
MISSION AND VISION
Vision: A vibrant and healthy Berkeley for all
Mission: The Department of Health, Housing,
& Community Services’ mission is to enhance
community life and support health and wellness for
all. We are committed to social and environmental
justice and to promoting equity in health, housing,
and economic opportunity. We collaborate with
community partners to build a vibrant and healthy
Berkeley.
City of Berkeley HEALTH STATUS SUMMARY REPORT 2018
2 SOCIAL DETERMINANTS OF HEALTH
Addressing the social determinants of health continues to be a key objective of the Public Health Division. Research has shown that health is dependent largely on conditions that are not related to medical care. In fact, about 80% of our health is influenced by the environments around us which include social, economic factors, and every day behaviors. Conditions such as poverty, homelessness, shifting federal and local policies, changing City demographics, gentrification, and the subsequent rise in the cost of housing all have profound impacts on community health. In many of these areas, the Public Health Division works collaboratively with other departments, and with divisions in the City of Berkeley’s Department of Health, Housing and Community Services. For example, Public Health staff are working on a multi-departmental group formulating the regulatory environment for newly legal adult use marijuana, which has serious public health impacts.
An important, continuing trend seen in the 2018 Health
Status Report is the steady and significant shift in the City’s demographics. Compared to the 2010 Census, the African American population has decreased from approximately 10% to 7% of the population, while other racial/ethnic groups have remained relatively stable. The phenomenon is not unique to Berkeley, but is a regional trend that is evidence of displacement caused by gentrification. Displacement disrupts access to education, employment, health care, and healthy neighborhood resources. Residents forced to move may face longer commutes to work or school, leading to increased stress, loss of income, job loss or greater school dropout rates. Displaced residents may have trouble obtaining medical records, prescriptions, and affordable health care services. Displacement can also mean relocation to neighborhoods with fewer health-promoting resources, such as high quality jobs, healthy food options, accessible public transit, and safe and walkable streets.
Socioeconomic status is one of the most powerful predictors of disease, injury, and mortality. In Berkeley, African Americans have lower income than any other ethnic/racial group. For every dollar a white family earns, an African American family earns 28 cents. This income inequality paired with unemployment or under employment can increase stress levels, make it difficult to find safe and affordable housing, and lower educational prospects. Research demonstrates that poverty is the single greatest threat to children’s well-being. Children living in poverty are at significantly higher risk for poor health and development.
In Berkeley, 10% of all children under the age of 18 live in poverty.
Notably, 29% of African American children live in poverty, which is seven times the poverty rate for white children, and two to three times the rate of any other racial group.
Additionally, homelessness impacts the health of the entire community. Berkeley has the second highest number of
homeless people among all Alameda County cities, second only to Oakland. Berkeley’s homeless population accounts for 17% of the homeless people in Alameda County. Given that Berkeley makes up only 7% of the population of Alameda County, it is home to a disproportionate number of people experiencing homelessness. Poor health conditions among people who are homeless are frequently co-occurring with a mix of psychiatric, substance use, and social challenges.
Exposure to high stress, unhealthy or dangerous environments, and food insecurity worsens overall health and often results in visits to emergency rooms and hospitalization. Nationally, individuals experiencing homelessness are three to four times more likely to die prematurely than their housed counterparts, and experience an average life expectancy as low as 41 years. Far too often, those experiencing homelessness are people of color.
African Americans make up less than 8% of Berkeley’s general population, but are 50% of the homeless population.
Berkeley Unified School District
City of Berkeley HEALTH STATUS SUMMARY REPORT 2018
3 KEY THEMES IN 2018 HEALTH STATUS REPORT
KEY THEMES IN 2018 HEALTH STATUS REPORT
Three key themes can be found in the Health Status Report and will continue to guide the work of the Public Health Division:
• Inequities in Health. Since 1999
, the Berkeley Public Health Division has been
at the forefront of breaking down data to uncover hidden inequities in health. It is only through examining data by characteristics such as race, ethnicity, gender, age, income, neighborhood, immigration status and other qualities that we can see a true and full picture of health. The Berkeley Public Health Division is committed to monitoring health indicators by relevant, available demographic characteristics and investigating the status of health equity in our community. We will be thoughtful, intentional, and strategic in the development of programing to address these inequalities.
•
Importance of Prevention. Pr
evention is a continuum and extends from deterring
diseases and behaviors that foster disease to slowing the onset and severity of illness when it does arise. A focus on prevention includes focusing on upstream factors those that are largely outside of an individual’s control and promoting conditions that support good health.
•
Emerging Health Threats. The health landscape in Berk
eley is not static but
evolves, and new threats can emerge on both a global and local scale. Infectious disease such as tuberculosis, sexually transmitted infections, and diseases once considered under control such as pertussis, continue to be a significant source of illness in Berkeley. These threats require constant monitoring and a responsive public health system. New health threats can emerge from a variety of directions:
from the rise in antibiotic resistant bacteria, to new risks from climate change and global connectedness, to the health impacts caused by changing federal and local policies. Additionally, public health systems across the country are responding in various ways to the complex and inter-related social, economic and environmental inequities that are connected to poor health.
Nancy Rubin, Berkeleyside Berkeleyside Nancy Rubin, Berkeleyside Berkeley Unified School District
City of Berkeley HEALTH STATUS SUMMARY REPORT 2018
4 HEALTH INEQUITIES IN BERKELEY
Chapter 1:
Sociodemographic
Characteristics &
Social Determinants
of Health
Chapter 2:
Pregnancy & Birth
Chapter 3:
Child & Adolescent
Health
Chapter 4:
Adult Health
Chapter 5:
Life Expectancy
& Mortality
Families headed by a
White householder
earn 3
.4 times
more than African
American families,
1.9 times more than
Latino families, and
1.4 times more than
Asian families.
The risk of an
African American
mother having a
LBW baby is 2.5
times higher than
the risk for White
mothers.
African American
children (under 18)
are 7 times more
likely, Latino children
are 5 times more
likely, and Asian
children are 2 times
more likely than
White children to
live in poverty.
African Americans
are 3 times more
likely than Whites to
be hospitalized due
to coronary heart
disease.
African Americans
are 2.3 times more
likely to die in a
given year from any
condition compared
to Whites.
The proportion of
families living in
poverty is 8 times
higher among
African American
families, 5 times
higher among Latino
families and 3 times
higher among Asian
families, compared
to White families.
The risk of an
African American
mother having a
premature baby is
2 times higher than
the risk for White
mothers.
African American
high school students
are 1.4 times more
likely than White
students to drop out
of high school.
African Americans
are 34 times more
likely than Whites to
be hospitalized due
to hypertension.
African Americans
are 2.0 times more
likely than Whites to
die of cardiovascular
disease.
African Americans
are 2.8 times less
likely, Latinos are 1.6
times less likely and
Asian children are 1.1
times less likely than
Whites to have a
bachelor’s degree or
higher.
The teen birth rate
among African
Americans is 9 times
higher, and among
Latinas is 3 times
higher than the rate
among White teens.
The asthma
hospitalization
rates for children
under 5 for African
American children is
10 times higher, and
for Latino children
is 2.8 times higher
than the rate among
White children.
African American
women are 1.5
times more likely
than Whites to be
diagnosed with
breast cancer.
African Americans
are 1.8 times more
likely than Whites to
die of cancer.
HEALTH INEQUITIES IN BERKELEY
City of Berkeley HEALTH STATUS SUMMARY REPORT 2018
5 HOW TO READ THIS REPORT
HOW TO READ THIS REPORT
ORGANIZATION: This report is organized along the life course, from conception through dea
th. Health throughout the stages of life is influenced by an individual’s social and physical environment, health and experience in the prior stage. The report begins with a description of Berkeley’s population. Subsequent chapters give information about health in Berkeley during the major life stages which include pregnancy and birth, childhood and adolescence, adulthood, and finally the end of life. Each chapter starts with a description of the significance of that life stage, a list of key findings, the importance of the health indicator and its current status in Berkeley.
COMPARISONS: One w
ay to evaluate the health of our City is to compare ourselves to others. Each time Berkeley meets one of the Healthy People 2020 (HP2020) goals, that goal is reported. By doing this, it allows us to compare the data on how Berkeley is doing relative to national health benchmarks. We also compare Berkeley with Alameda County and the State. We report how different groups of Berkeley residents compare with each other: by age, gender, income, race/ethnicity, education, and place of residence. Finally, we show how health indicators in Berkeley have changed over time. Such comparisons allow us to assess how Berkeley is faring relative to national goals, our past, and our neighbors.
PROGRAM HIGHLIGHTS: The City’s Public Health Division works with partners to improve health in Berkeley. Each chapter contains program highlights, describing how the City is addressing issues raised by the data in that chapter. More information about these programs is available on the City’s website: https://www.cityofberkeley.info/Health_ Human_Services/Public_Health/A_to_Z_Public_Health_Services.aspx FROM THE COMMUNITY: This report contains quotes and summaries from a series of community engagement events. These events were held in 2014 and were organized in order to hear from Berkeley residents and community members about what they see as priority areas for reducing health inequities.
DATA: This report contains quantitative data about the health of the Berkeley community
. The data is as objective as possible — there may be biases related to reporting errors, incompleteness or limited by small samples. In our effort to understand what the data tell us about health in Berkeley, we look at correlations; what characteristics go along with better health or worse health? Public health programs and interventions are designed to address the likely “causal pathways” of adverse health outcomes, and are based on available evidence and best practices.
We use the latest year of data available at the time of analysis. For hospitalization and emergency department visit data, changes in the coding system were implemented in the last quarter of 2015 which made the previous years not comparable with current data. The last full year of data under the prior coding system was 2014, thus data on hospitalization and emergency department visits are only presented through 2014.
TECHNICAL NOTES: D
ata Sources and Definition of Key T erms: this information is provided at the end of the report. Those interested in additional technical details are invited to contact the Public Health Division Epidemiology and Vital Statistics Unit at [email protected].
City of Berkeley HEALTH STATUS SUMMARY REPORT 2018
6 SOc IODEMO g RAPHI c cHARA c TERISTI c S AND SOc IAL DETERMINANTS Of H EALTH 1 CHAPTER 1: SOCIODEMOGRAPHIC
CHARACTERISTICS AND SOCIAL
DETERMINANTS OF HEALTH
The social and physical environments in which we live,
work and play greatly influence our overall health. Experts agree that health is in part determined by access to social and economic opportunities; the cleanliness of our water, food and air; availability of preventative health care and wellness programs; the nature of our social interactions and relationships; and the resources and supports
available in our schools, homes and neighborhoods. These conditions are broadly known as the social determinants of health, which this chapter explores in detail.
According to the 2011–2015 American Community
Survey, the city’s residents are 56% White, 20% Asian,
10% Latino and 7% African American. Compared to
the 2010 census, the African American population has
decreased from approximately 10% to 7%, while other
racial/ethnic groups have remained relatively stable.
1 f igure 1.2 POPULA TION DISTRIBUTION BY RACE/ETHNICITY Berkeley, 2000–2015 Source: City of Berkeley Public Health Division, Office of Epidemiology and Vital Statistics, U.S. Census Bureau, 2000-2015
UPDATED FIGURE
Population Distribution by Race/Ethnicity, Berkeley 2000-2015 0 10
20 30
40 50
60 2000 2005 2010 2015
Percentage
White Latino API African American Other
Asian/PI
Afr. Amer.
White
Latino
Other
Source: City of Berkeley Public Health Division, Office of Epidemiology and Vital Statistics, U.S. Census Bureau, 2000–2015
non-White households are more likely to be low income.
All families and households have experienced an increase in median income during the last decade, except for
African Americans who experienced a slight decrease.
Approximately 7% of Berkeley families live below the federal poverty level. Poverty rates vary drastically by race/ ethnicity.
Compared to White families, the proportion of families living in poverty is 8 times higher among African American families, 5 times higher among Latino families and 3 times higher among Asian families. At the individual level, about 20% of all Berkeley residents live below the federal poverty level, which is strongly influenced by the large university student population in Berkeley. f igure 1.11 PERCENT OF F AMILIES AND INDIVIDUALS BELOW FEDERAL POVERTY LEVEL IN THE PAST 12 MONTHS BY RACE/ETHNICITY IN BERKELEY 2011–2015
0 5
10 15
20 25
30 35
40 Families Individuals
Percent
African American Asian Latino White Total
REPLACEMENT FIGURE Percent of Families and Individuals
below Federal Poverty Level in the Past 12 months by
Race/Ethnicity in Berkeley, 2011-2015
Source: City of Berkeley Public Health Division, Epidemiology & Vital Statistics; U.S. Census, ACS 2011-2015Source: City of Berkeley Public Health Division, Epidemiology & Vital Statistics; U.S. Census, ACS 2011–2015 f igure 1.9 MEDIAN FAMIL Y AND HOUSEHOLD INCOME IN PAST 12 MONTHS (IN 2015 INFLATION-ADJUSTED DOLLARS) BY RACE/ETHNICITY IN BERKELEY 2011–2015
$-
$20,000
$40,000
$60,000
$80,000
$100,000
$120,000
$140,000
$160,000
Median Family Income Median Household Income
African American Asian Latino White Total
REPLACEMENT FIGURE Median Family and Household Income
in Past 12 months (in 2015 inflation-adjusted dollars) by Race/Ethnicity in Berkeley, 2011-2015
Source: City of Berkeley Public Health Division, Epidemiology & Vital Statistics; U.S. Census, ACS 2011-2015Source: City of Berkeley Public Health Division, Epidemiology & Vital Statistics; U.S. Census, ACS 2011–2015 In Berkeley the median family income is $118,190. The
median household income is $66,237, which is influenced by the large population of low-income university students living in Berkeley. Families with a White head of household are more likely to be higher income while those headed by f igure 1.1 POPULA TION DISTRIBUTION BY RACE/ETHNICITY Berkeley, 2000–2015 f igure 1.2 MEDIAN FAMIL Y AND HOUSEHOLD INCOME IN PAST 12 MONTHS (IN 2015 INFLATION-ADJUSTED DOLLARS) BY RACE/ETHNICITY IN BERKELEY 2011–2015 f igure 1.3 PERCENT OF F AMILIES AND INDIVIDUALS BELOW FEDERAL POVERTY LEVEL IN THE PAST 12 MONTHS BY RACE/ETHNICITY IN BERKELEY 2011–2015
City of Berkeley HEALTH STATUS SUMMARY REPORT 2018
7 SOc IODEMO g RAPHI c cHARA c TERISTI c S AND SOc IAL DETERMINANTS Of H EALTH 1 Berkeley has the second highest number of homeless
among all Alameda County cities, second only to Oakland.
Berkeley’s homeless population accounts for 17% of the
5,629 homeless people in Alameda County. Given Berkeley makes up only 7% of the population of Alameda County,
it is home to a disproportionate number of homeless.
0% 10% 20% 30% 40% 50%
Piedmont
Pleasanton
Dublin
Emeryville
Union City
Albany
Newark
San Leandro
Alameda
Unincorporated
Livermore
Hayward
Fremont
Berkeley
Oakland
% of Homeless in Alameda County
Source: City of Berkeley Public Health Division, Epidemiology & Vital Statistics; Alameda County 2017 Homeless Point-In-Time Count
Alameda County Homeless Population Percent by City, 2017 UPDATED FIGURE 1.13
f igure 1.13 ALAMEDA C OUNTY HOMELESS POPULATION PERCENT BY CITY , 2017 Source: City of Berkeley Public Health Division, Epidemiology & Vital Statistics; Alameda County 2017 Homeless Point-In-Time Count
Approximately 84% of Berkeley residents ages 25 and over attended at least some college. Over 70% of residents
have a bachelor, graduate, or professional degree,
compared with 43% in Alameda County and 31% in
California. Berkeley’s levels of education attainment are not evenly distributed. Whites and Asians have the highest rates of higher education. Latinos are the least likely to graduate from high school, and African Americans have
the lowest rate of college and professional degrees.
0 10
20 30
40 50
60 70
80 90
African American Asian Latino White
Percent
Less than high school diploma High school graduate, GED, or alternative Some college or associate's degree Bachelor's degree or higher UPDATED FIGURE Educational Attainment of Population Aged 25 Years and Older by Race/Ethnicity, Berkeley, 2011-2015 Source: City of Berkeley Public Health Division, Epidemiology & Vital Statistics; U.S. Census, ACS 2011-2015 f igure 1.22 EDUCATIONAL A TTAINMENT OF POPULATION AGED 25 AND OLDER BY RACE/ETHNICITY Berkeley, 2011–2015
Source: City of Berkeley Public Health Division, Epidemiology & Vital Statistics; U.S. Census, ACS 2011–2015 Berkeley Unified School DistrictNatalie Orenstein, Berkeleyside
FROM THE COMMUNITY
African American respondents noted that African
American communities and families are being
displaced because of a lack of jobs, housing and
community investments. Others noted that health
inequities are rooted in poverty, racism, inadequate
access to culturally relevant and high quality health
services, and a lack of community and economic
development in their communities.
f igure 1.4 ALAMEDA C OUNTY HOMELESS POPULATION PERCENT BY CITY , 2017 f igure 1.5 EDUCATIONAL A TTAINMENT OF POPULATION AGED 25 AND OLDER BY RACE/ETHNICITY Berkeley, 2011–2015