Berkeley City Council
October 15, 2024

Tuesday, October 15, 2024 AGENDA Page 1
AGENDA

BERKELEY CITY COUNCIL MEETING
Tuesday, October 15, 2024
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY, CA 94708

JESSE ARREGUIN, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – CECILIA LUNAPARRA DISTRICT 4 – IGOR TREGUB DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in- person attendance and virtual participation. Live captioned broadcasts of Council meetings are available on B -TV (Channel 33) and via internet video stream at http://berkeley.granicus.com/MediaPlayer.php?publish_id=1244. All Council meetings are recorded.

T
o access the meeting remotely use this UR L: https://cityofberkeley-info.zoomgov.com/j/1613604094 To request to speak, use the “raise hand” function in Zoom. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 161 360 4094 To provide public comment, Press *9 and wait to be recognized by the Chair. To submit a written communication for the public record, email [email protected].

T
his meeting will be conducted in accordance with the Brown Act, Government Code Section 54953. Any member of the public may attend this meeting, however, if you are feeling sick, please do not attend the meeting in person.

The City Council may take action related to any subject listed on the Agenda.

P
ursuant 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 presidi ng 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.

G
overnment Code Section 84308 (Levine Act) - Parties to a proceeding involving a license, permit, or other entitlement for use are required to disclose if they made contributions over $250 within the prior 12 months to any City employee or officer. Parties and participants with a financial interest are prohibited from making more than $250 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding.

The above contribution disclosures and restrictions do not apply when the proceeding is competitively bid, or involves a personnel or labor contract. For more information, see Government Code Section 84308.

Tuesday, October 15, 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.

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

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

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

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

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

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 spe ak again at the time the matter is taken up during the Action Calendar.

Consent Calendar
Tuesday, October 15, 2024 AGENDA Page 3
Public Comment on Consent Calendar and Information Items Only: The Council will take public comment on any items that are either on the amended Consent Calendar or the Information Calendar. Speakers will be entitled to two minutes each to speak in opposition to or support of Consent Calendar and Information Items. A speaker may only speak once during the period for public comment on Consent Calendar and Information items.

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

Consent Calendar

1. Amending the Berkeley Hazardous Materials and Waste Management Code From: City Manager
Recommendation: Adopt second reading of an Ordinance No. 7,936-N.S. amending Berkeley Municipal Code (BMC) Chapter 15.12, Berkeley Hazardous Materials and Waste Management.

First Reading Vote: All Ayes.

Financial Implications: See report.

Contact: Jordan Klein, Planning and Development, (510) 981-7400

2. Contract #102814-1 Amendment: Konica Minolta Business Services, Inc. for Electronic Content Management System and Agenda Management and Workflow System
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract #102814-1 with Konica Minolta Business Solutions, Inc. for software maintenance and related services for OnBase, an Electronic Content Management System (ECMS) and agenda management and workflow system, to increase the not-to-exceed amount by $381,949 for a total not to exceed amount of $922,953 for regular annual maintenance costs and version updates, and authorize annual renewals through September 18, 2029.

Financial Implications: General Fund - $381,949
Contact: Mark Numainville, City Clerk, (510) 981-6900

3. *Item Removed from Agenda by City Manager* Cooperative Agreement with East Bay Regional Parks District
From: City Manager
Contact: Peter Radu, City Manager's Office, (510) 981-7000

Consent Calendar
Tuesday, October 15, 2024 AGENDA Page 4

4. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on October 15, 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: See report.

Contact: Henry Oyekanmi, Finance, (510) 981-7300

5. Contract: Mission Critical Partners for Emergency Communications Consulting Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a piggyback contract and any amendments with Mission Critical Partners, LLC, using the California Multiple Award Schedules (CMAS) contract No. 3-13-70-3020A in an amount not to exceed $300,000 for the enhancement of mission-critical communications systems from November 1, 2024, through May 30, 2026, with two (2), two (2) year options to extend.

Financial Implications: See report.

Contact: David Sprague, Fire, (510) 981-3473

6. PATH CITED Round 3 Revenue Grant Agreement
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or his designee to accept a grant award, and execute any agreements, in the amount of $96,901.88 for Fiscal Year 2025, from the PATH CITED initiative to support the development of the City of Berkeley’s Health, Housing, and Community Services Department’s Enhanced Care Management Program. This grant agreement requires matching funding from the City in the amount of $96,901.88.

Financial Implications: See report.

Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400

7. Contract No. 32200162-1 Amendment: Thirdwave Corporation for Professional Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or his designee to amend Contract No. 32200162 with ThirdWave Corporation to increase the not to exceed (NTE) amount by $36,020, utilizing one-time funds. The amendment will increase the NTE amount from $275,000 to $311,020 through June 30, 2025.

Financial Implications: See report.

Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400

Consent Calendar
Tuesday, October 15, 2024 AGENDA Page 5

8. Revise Salary Range – Aquatics Specialist II
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to revise the salary range of the unrepresented Aquatics Specialist II classification in order to remedy salary compaction with Aquatics Specialist I.

Financial Implications: See Report.

Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800

9. Purchase Order: Coast Counties Truck & Equipment Co. for Zero Waste Vehicle Parts
From: City Manager
Recommendation: Adopt a Resolution satisfying bid requirements of the City allowing the City to participate in Sourcewell (formerly NJPA) contract bid procedures, authorizing the City Manager to execute a purchase order with Coast Counties Truck & Equipment Co. for the purchase of Zero Waste long-haul vehicle parts for the period October 1, 2024 to December 31, 2027 for an amount not to exceed $600,000.

Financial Implications: See report.

Contact: Terrance Davis, Public Works, (510) 981-6300

10. Purchase Order: Pape Kenworth for Zero Waste Tractor Trailer Parts From: City Manager
Recommendation: Adopt a Resolution satisfying bid requirements of the City, allowing the City to participate in Sourcewell (formerly NJPA) contract bid procedures, authorizing the City Manager to execute a purchase order with Pape Kenworth for the purchase of Zero Waste tractor trailer parts for the period October 1, 2024 to December 31, 2027 for an amount not to exceed $300,000.

Financial Implications: See report.

Contact: Terrance Davis, Public Works, (510) 981-6300

11. Purchase Order: Western Truck Center for Zero Waste Vehicle Parts and Repairs
From: City Manager
Recommendation: Adopt a Resolution satisfying bid requirements of the City allowing the City to participate in Sourcewell (formerly NJPA) contract bid procedures, authorizing the City Manager to execute a purchase order with Western Truck Center for the purchase and repairs of Zero Waste vehicle parts and repairs for the period October 1, 2024 to December 31, 2027 for an amount not to exceed $400,000.

Financial Implications: See report.

Contact: Terrance Davis, Public Works, (510) 981-6300

Consent Calendar
Tuesday, October 15, 2024 AGENDA Page 6

12. Contract: Shaw Industries, Inc. for Civic Center Building Carpet Replacement Project
From: City Manager
Recommendation: Adopt a Resolution:

1. Approving the CMAS Contract with Shaw Industries, Inc. for Carpet Replacements at the Civic Center Building; 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 terms and conditions of the agreements with Shaw Industries, Inc. in an amount not to exceed $107,460, which includes a contingency of $10,367.

Financial Implications: See report.

Contact: Terrance Davis, Public Works, (510) 981-6300

13. Contract No. 32000067 Amendment: GHD, Inc. for Preparation of a Sanitary Sewer Master Plan
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32000067 with GHD, Inc. for further development of a Sanitary Sewer Master Plan, also known as a Sanitary Sewer System Plan (SSP), and Related Engineering Services in an amount not to exceed $350,000 for a total not to exceed $1,290,000.

Financial Implications: See report.

Contact: Terrance Davis, Public Works, (510) 981-6300

14. Purchase Order: Arata Equipment Company for Zero Waste Vehicle Parts and Repairs
From: City Manager
Recommendation: Adopt a Resolution satisfying bid requirements of the City of Berkeley allowing the City to participate in Sourcewell (formerly NJPA) contract bid procedures, authorizing the City Manager to execute a purchase order with Arata Equipment Company for the purchase and repairs of Zero Waste vehicle parts for the period October 1, 2024 to December 31, 2027 for an amount not to exceed $500,000.

Financial Implications: See report.

Contact: Terrance Davis, Public Works, (510) 981-6300

Consent Calendar
Tuesday, October 15, 2024 AGENDA Page 7

15. Purchase Order: McNeilus Truck and Manufacturing for Zero Waste Vehicle Parts
From: City Manager
Recommendation: Adopt a Resolution satisfying bid requirements of the City allowing the City to participate in Sourcewell (formerly NJPA) contract bid procedures, authorizing the City Manager to execute a purchase order with McNeilus Truck and Manufacturing, for the purchase of Zero Waste vehicle parts and services for the period October 1, 2024 to December 31, 2027 for an amount not to exceed $350,000.

Financial Implications: See report.

Contact: Terrance Davis, Public Works, (510) 981-6300

16. Grant Applications: Alameda County Transportation Commission Comprehensive Investment Plan 2026
From: City Manager
Recommendation: Adopt two Resolutions authorizing the City Manager or their designee to: Submit grant applications to the Alameda County Transportation Commission for up to $4 million in Comprehensive Investment Plan (CIP) funding for the Adeline Street Transportation Improvement Project ($2 million), and Telegraph Complete Streets Corridor Project ($2 million), respectively; accept the grants awarded; and execute any resultant agreements and amendments.

Financial Implications: See report.

Contact: Terrance Davis, Public Works, (510) 981-6300

17. Purchase Order: Golden State Emergency Vehicle for Fire Vehicle Parts and Repairs
From: City Manager
Recommendation: Adopt a Resolution satisfying bid requirements of the City allowing the City to participate in Sourcewell (formerly NJPA) contract bid procedures, authorizing the City Manager to execute a purchase order with Golden State Emergency Vehicle for the purchase and repairs of fire vehicle parts for the period October 1, 2024 to December 31, 2027 for an amount not to exceed $1,300,000.

Financial Implications: See report.

Contact: Terrance Davis, Public Works, (510) 981-6300

18. Purchase Order: Nicholas K Corp dba the Ford Store San Leandro for two (2) 2024 Ford T350 E Transit Vans
From: City Manager
Recommendation: Adopt a Resolution satisfying the requirements of City Charter allowing the City Manager to participate in Alameda County GSA Master Contract No. 901979 and authorize the City Manager to execute a purchase order for two (2) 2024 Ford T350 E Transit Vans with Nicholas K Corp dba the Ford Store San Leandro in an amount not to exceed $165,500.00.

Financial Implications: See report.

Contact: Terrance Davis, Public Works, (510) 981-6300

Consent Calendar
Tuesday, October 15, 2024 AGENDA Page 8

19. Purchase Order: Pape Machinery, Inc. for Heavy Equipment Parts and Repairs From: City Manager
Recommendation: Adopt a Resolution satisfying bid requirements of the City of Berkeley allowing the City to participate in Sourcewell (formerly NJPA) contract bid procedures, authorizing the City Manager to execute a purchase order with Pape Machinery, Inc. for the purchase and repairs of heavy equipment parts for the period October 1, 2024 to December 31, 2027 for an amount not to exceed $1,000,000.

Financial Implications: See report.

Contact: Terrance Davis, Public Works, (510) 981-6300

20. Councilmember Taplin’s Referral regarding Cal Sailing Club’s six historic J- Dock berths
From: Parks and Waterfront Commission
Recommendation: Recommend that Council adopt a resolution designating Cal Sailing Club’s six historic J-Dock berths for safety training for boating activities, community service, and recreational education uses, and directing the City Manager to retain the six slips for Cal Sailing Club (CSC) to use for nonprofit sailing instruction programs and to be reviewed every four years.

Financial Implications: See report.

Contact: Roger Miller, Commission Secretary, (510) 981-6700

Council Consent Items

21. Amending BMC Section 9.04.165 -Tax Exemption for Research & Development Grants
From: Mayor Arreguin (Author)
Recommendation: Adopt a first reading of an Ordinance amending Berkeley Municipal Code Section 9.04.165 to exempt the taxation of business gross receipts relating to government and philanthropic research and development grants in the public interest.

Financial Implications: See report.

Contact: Jesse Arreguin, Mayor, (510) 981-7100

22. Naming the Harrison Street Skate Park in Honor of Terrance McCrary From: Councilmember Kesarwani (Author)
Recommendation: Referral to the Parks, Recreation and Waterfront Commission to officially name the Harrison Street Skate Park in honor of Terrance McCrary, Jr., former skateboard counselor in training with our Recreation Division’s Skate Camp and Berkeley resident killed by gun violence.

Financial Implications: See report.

Contact: Rashi Kesarwani, Councilmember, (510) 981-7110

Council Consent Items

Tuesday, October 15, 2024 AGENDA Page 9

23. Russell Street Halloween Festivities: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Councilmember Humbert (Author), Councilmember Hahn (Co-Sponsor) Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $1,000 per Councilmember including $1,000 from Councilmember Humbert to the Claremont Elmwood Neighborhood Association for Russell Street Halloween festivities with funds relinquished to the City’s General Fund for this purpose from the discretionary Council Office Budgets of Councilmember Humbert and any other Councilmembers who would like to contribute.

Financial Implications: Councilmember’s Discretionary Funds - $1,000 Contact: Mark Humbert, Councilmember, District 8, (510) 981-7180

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. U p 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 – New Business
Tuesday, October 15, 2024 AGENDA Page 10

24. Amendments to the of Berkeley Green Code to require all newly constructed buildings to be Zero NOx Emission Buildings
From: City Manager
Recommendation:

1. Adopt first reading of an Ordinance amending the Berkeley Green Code, BMC Chapter 19.37, to require all newly constructed buildings to be Zero NOx Emission Buildings with two exceptions: 1) for industrial or manufacturing processes; and 2) for cooking equipment serving nonresidential occupancies in buildings; and

2. Adopt a Resolution setting forth findings of local conditions that justify more stringent regulations than those provided by the 2022 California Green Building Standards Code with Mid-Cycle Supplements.

Financial Implications: See report.

Contact: Jordan Klein, Planning and Development, (510) 981-7400

Council Action Calendar

25. Resolution: Opposition to Police Brutality and Use of Force on Nonviolent Protesters (Reviewed by Public Safety Committee)
From: Councilmember Harrison (Author)
Recommendation:

Adopt a Resolution reaffirming the City of Berkeley’s opposition to and condemning police brutality towards nonviolent protesters and discouraging use of “less-lethal” weapons for crowd control.

Policy Committee Recommendation: No final action taken. Item is automatically returning to the Council agenda pursuant to the time limit for items referred to policy committees.

Financial Implications: See report.

Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140

26. Community Safety Plans for a Safe and Resilient Berkeley From: Councilmember Hahn (Author)
Recommendation: Refer to the City Manager to create four strategic, single-subject Community Safety Plans to effectively reduce Gun Violence, Sexual Assault, Retail Theft, and Traffic Violence. Return Plans to the City Council for review and approval.

Financial Implications: See report.

Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150

Information Reports

27. Civic Arts Grant Awards: Fiscal Year 2025
From: City Manager
Contact: Eleanor Hollander, Economic Development, (510) 981-7530

28. LPO NOD: 2436-2442 Haste Street, #LMIN2024-0002
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400

Information Reports
Tuesday, October 15, 2024 AGENDA Page 11

29. LPO NOD: 1614 Sixth Street/#LMSAP2024-0003
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400

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

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

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

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

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.

Tuesday, October 15, 2024 AGENDA Page 12
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.

Questions regarding public participation may be addressed to the City Clerk Department (510) 981- 6900 or by email at [email protected].

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 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 October 3, 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 #20: Councilmember Taplin’s Referral regarding Cal Sailing Club’s six historic J-Dock berths

1. J. Graeme Lowe

2. Mariya and Ryan Alder

3. Joel B. Gussman

4. Jo hn Taussig

5. Kelly Saturno

6. Cesare Garlati

Amended Registration Statement

7. Peter Seyranian

Public Health Department

8. Ned Himmel

Housing Concern

9. Planet Glassberg

Tuesday, October 15, 2024 AGENDA Page 13

UA Theater

10. Dale Sophiea

11. Oliver Kay

12. Laura Linden

13. Anastasia Rose Ellis

14. Rusty Cohn

Berkeley Art Center

15. Amy Yoshitsu

Aurora Theater

16. Josh Costello

Homeless Solution

17. Michaela Mordecai

Middle East Conflict

18. Jack Kurzweil

19. Elana Auerbach

20. David Weintraub

Berkeley School Board

21. Laura Babitt

Bus Schedule Changes

22. Anne Herrick

23. Michael Eshelman

Cease and Desist Letter

24. Yesica Prado and Gordon Gilmore on behalf of the Berkeley Homeless Union

Homeless RV Centers

25. Scott Robinson

Derby and Warring Intersection

26. Hermine Rule

Public Art Impact Fee

27. James M. Lloyd

Jack London Square

28. Dirk Neyhart

United Against Hate Week

29. Jennifer Coffey

Tuesday, October 15, 2024 AGENDA Page 14

CERT Training

30. Richard Schwartz

Zoning Concerns

31. Jodi Carter

32. Emilie Strauss

Natural Gas

33. Walter Wood

Proposed Proclamation

34. The Indigenous Peoples Day Pow Wow Committee

35. Susan Louie

Peace and Justice Commission

36. Cielo Rios

Police Report Request

37. Mike Vandeman

Construction Concerns

38. Aishah and Uchi-Deshi

Construction Sweeper Concerns

39. Jesse Sheehan (4)

Barkely Beach

40. Patrick Hall

12 Panoramic Way

41. Lisa Handwerker

Measure BB

42. Lynn Sherrell

Missing Middle

43. Susan Nunes Fadley

Signage at Rainbow Doughnuts

44. Carol Denney

Monterey Market

45. Armand Seguin

Tuesday, October 15, 2024 AGENDA Page 15
Kiosk in Downtown Berkeley

46. Ghawar Camij Toschian

East Bay PAC

47. Nilang Gor

Burrowing Owls

48. Martin Nicolaus

49. Ruth Hurvitz

50. Erika St. John

Newsletter

51. Eid

52. Erwan Illian

53. Vivian Warkentin

54. Russbumper

URL’s

55. Russbumper (11)

56. Josh Atwood (10)

57. Keith Bayne

Forwards For Current Events

58. Eid (8)

59. Josh Atwood

Middle East Conflict and Peace & Justice Commission

60. 6,276 similarly worded form letters “Vote No on Ceasefire and related Resolutions”

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.

Ordinance No. 7,936-N.S. Page 1 of 21
ORDINANCE NO.7,936-N.S.

AMENDING BERKELEY MUNICIPAL CODE CHAPTER 15.12, HAZARDOUS

MATERIALS AND WASTE MANAGEMENT
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That Berkeley Municipal Code Chapter 15.12 is amended to read as follows:

HAZARDOUS MATERIALS AND WASTE MANAGEMENT
Sections:

15.12.010– Findings and Purpose

15.12.020– Laws and Regulations Incorporated by Reference

15.12.030– Administration

15.12.040– Filing of Disclosure Information

15.12.050– Quantities Requiring Disclosure

15.12.060– Applicability of California Accidental Release Program (CalARP)

15.12.070– Permits and Registration

15.12.080– Reporting Unauthorized Releases

15.12.090– Closure

15.12.100– Unauthorized Release Abatement

15.12.110– Community Right to Know; Public Records

15.12.120– Fees and Penalties

15.12.130– Inspections

15.12.140– Enforcement

15.12.150– Administrative Enforcement

15.12.160– Relation to Existing Laws; Effective Dates

15.12.170– Relation to Other Laws

15.12.010 – Findings and Purpose
The City Council finds and declares:

A.  Hazardous materials and wastes present in the community may pose acute and chronic health hazards to individuals who live, visit and work in the City of Berkeley and who are exposed to such substances as a result of fire, spills, industrial accidents, or other releases or emissions.

B.  It is the intent of the Council to recognize the community’s right and need for basic information on the use, handling, storage and disposal of hazardous materials and wastes in Berkeley and to establish an orderly system for the provision of such information.

C.  It is further the intent of the Council that the system of disclosure set forth herein shall provide information essential to firefighters, health officials, planners, elected officials, workers and their representatives, businesses and residents in meeting their

Ordinance No. 7,936-N.S. Page 2 of 21
responsibilities for the health and welfare of the community in such a way that the statutory privileges against disclosure of non-public records are not abridged.

D.  Businesses that safely handle hazardous materials and wastes are beneficial to the economic life of the City and community. It is the intent of the Council to provide program provisions that facilitate the continued and growing presence of safe businesses.

E.  This chapter shall apply within the City of Berkeley, and also in contiguous areas within surrounding cities for which Berkeley has regulatory and enforcement authority by agreement or otherwise.

F.  It is further the intent of the Council to conform the provisions of this chapter to California laws regulating the storage and handling of hazardous materials and wastes, including: California Health and Safety Code Division 20, Chapter 6.5 (hazardous waste), Chapter 6.67 (aboveground storage of petroleum), Chapter 6.7 (underground storage tanks), Chapter 6.11 (unified program), Chapter 6.95 Article 1 (hazardous materials) and Article 2 (accidental release prevention); and California Water Code Division 7, Chapter 10, Article 4 (water, cathodic protection and groundwater monitoring wells). The City of Berkeley hereby assumes responsibility and exclusive jurisdiction for these laws, to the extent authorized by law, including designation as a Certified Unified Program Agency (CUPA). These state laws, and state regulations adopted in furtherance of these laws, are incorporated into this chapter by reference, except as modified within this chapter.

G.  It is further the intent of the Council to conform the provisions of this chapter to California laws regulating the remediation of contamination resulting from releases of hazardous materials and wastes, including those provided by California Health and Safety Code Division 20, Chapter 6.5 (hazardous waste), Chapter 6.67 (aboveground storage of petroleum), Chapter 6.11 (unified program), Chapter 6.95 Article 1 (hazardous materials) and Article 2 (accidental release prevention); and California Water Code Division 7, Chapter 10, Article 4 (water, cathodic protection and groundwater monitoring wells).

15.12.020 – Laws and Regulations Incorporated by Reference The following provisions of state law, with their implementing regulations and agency resolutions, are hereby incorporated into this chapter by reference: California Health and Safety Code Division 20, Chapter 6.5 (hazardous waste), Chapter 6.67 (aboveground storage of petroleum), Chapter 6.7 (underground storage tanks), Chapter 6.8 (Carpenter- Presley Tanner Hazardous Substances Account Act), Chapter 6.11 (unified program), Chapter 6.95 Article 1 (hazardous materials) and Article 2 (accidental release prevention); and Division 7 of the California Water Code (water quality), and Department of Water Resources Bulletins No. 74-81 and 74-90 (water, cathodic protection and groundwater monitoring wells). This chapter contains additional stricter local requirements in accordance with Sections 25299.2 and 25500 of the California Health and Safety Code.

This chapter also incorporates by reference provisions of the Uniform Fire and Building Codes which pertain to management, containment, security and separation of hazardous materials and wastes, as they may be adopted from time to time by the City of Berkeley.

The provisions of this chapter shall conform to these incorporated provisions as they may be amended, unless explicitly modified within this chapter.

15.12.030 – Administration

Ordinance No. 7,936-N.S. Page 3 of 21
This chapter shall be administered and enforced by the hazardous materials manager.

The hazardous materials manager may, for purposes related to this chapter, undertake actions, including but not limited to, the maintenance and verification of files relating to this chapter, the acquisition of additional information on hazardous materials and wastes and their handling, public education regarding hazardous materials and wastes, and promotion of pollution prevention, recycling of wastes, and compliance with this chapter.

15.12.040 – Filing of Disclosure Information
A.  Each handler, or facility under the jurisdiction of the City of Berkeley, that handles hazardous material or waste in a quantity subject to disclosure under the provisions of Section 15.12.050 at any time must submit the following information at the time it begins operations, or at the time it first begins to handle a hazardous material or waste that must be disclosed:

1.  All information required to be submitted under the authority of Health and Safety Code Sections 25505, 25508(a)(1), 25508.1, 25508.2, and 25508.3; and any additional information required under this chapter.

B.  In addition, each handler shall submit annually either a completed certification, signed under penalty of perjury, that previously filed information remains accurate, or revised information.

C. This information must be submitted electronically to the California Environmental Reporting System (CERS) pursuant to California Health and Safety Code Sections 25505 and 25508(a)(1).

D.  A handler shall complete a revised submittal to CERS, including additional information required under this chapter, at least once every three years or as specified by the hazardous materials manager. In addition, a handler shall complete a revised submittal to CERS within 30 days after any of the following:

1.  Introduction of a new hazardous material or waste, or an increase in the total quantity handled of any previously disclosed hazardous material or waste by 100% or more above the quantity previously disclosed, unless the material or waste is exempted from disclosure by any of the exemptions set forth in Section 15.12.050;

2.  Change of business address;

3.  Change of business ownership; or

4.  Change of business name.

Ordinance No. 7,936-N.S. Page 4 of 21
E.  The hazardous materials manager shall review each CERS submittal and shall accept it if it conforms to the requirements of subsection A of this section, and provides complete and adequate information needed for the protection of safety and health and of the environment, or shall require the handler to submit additional information to be included in the form before it may be accepted.

F.  A handler shall supply upon request to the hazardous materials manager additional information determined by the hazardous materials manager to be necessary to protect health and safety or the environment.

G.  All filings shall be made on the City’s most current version of the applicable form. If a state form is used, a handler must comply with all additional stricter local requirements in this chapter.

H.  A short form hazardous materials management plan may be required at the discretion of the hazardous materials manager or Fire Chief if the quantity of each hazardous material stored in one or more storage facilities in an aggregate quantity for the facility is 500 pounds or less for solids, 55 gallons or less for liquids, or 200 cubic feet or less at standard temperature and pressure for compressed gases. Such a plan shall include the following components:

1.  General facility information;

2.  A simple line drawing of the facility showing the location of the storage facilities and indicating the hazard class or classes and physical state of the hazardous materials and wastes being stored and whether any of the material is a waste;

3.  Information describing that the hazardous materials and wastes will be stored and handled in a safe manner and will be appropriately contained, separated and monitored;

4.  Assurance that security precautions have been taken, employees have been appropriately trained to handle the hazardous materials and wastes and react to emergency situations, adequate labeling and warning signs are posted, adequate emergency equipment is maintained, and the disposal of hazardous materials and wastes will be in an appropriate manner.

I.  Each handler, or facility under the jurisdiction of the City of Berkeley, that is subject to the disclosure requirements under the provisions of Section 15.12.050(C)(5) shall file a

Ordinance No. 7,936-N.S. Page 5 of 21
hazardous waste generator reporting packet in lieu of the requirements of Section

15.12.040(A). The hazardous waste generator reporting packet will include forms to identify the generator, the waste streams, an Emergency Response Plan/Contingency Plan per Health and Safety Code Section 25504(b), and any additional information as required by the hazardous materials manager.

J.  All facilities that manufacture or use manufactured nanoparticles shall submit a separate written disclosure of the current toxicology of the materials reported, to the extent known, and how the facility will safely handle, monitor, contain, dispose, track inventory, prevent releases and mitigate such materials.

15.12.050 – Quantities Requiring Disclosure
A.  Except as provided in the following subsections of this section, each handler who handles the following aggregate quantities of all hazardous materials and wastes at any time during a year shall disclose all such handling: 500 pounds or more of all solid hazardous materials and wastes; 55 gallons or more of all liquid hazardous materials and wastes; or 200 cubic feet or more at standard temperature and pressure of all gaseous hazardous materials.

B.  Hazardous materials contained solely in consumer products packaged for distribution to, and use by, the general public shall be exempt from disclosure under this chapter except as follows:

1. When facilities are handling quantities of consumer product sold at a retail establishment that have a National Fire Protection Association or “NFPA” or Hazardous Materials Identification System or “HMIS” rating of 3 or 4 and is stored, at any time, in quantities equal to, or greater than, 165 gallons for a liquid, 600 cubic feet for a gas, and 1,500 pounds for a solid.

2. When the hazardous materials manager has notified the handler in writing that the handling of certain quantities of specified consumer products requires disclosure under this chapter in response to health and safety concerns.

C.  If the aggregate storage capacity of oil at the facility is less than 1,320 gallons and a spill prevention control and countermeasure plan is not required pursuant to Part 112 (commencing with Section 112.1) of Subchapter D of Chapter I of Title 40 of the Code of

Ordinance No. 7,936-N.S. Page 6 of 21
Federal Regulations, fluid in an oil-filled electrical system that is not contiguous to an electric facility shall be exempt from disclosure under this chapter unless the hazardous materials manager has notified the handler in writing that this handling requires disclosure under this chapter in response to health and safety concerns.

D.  The following disclosure requirements shall apply in addition to those in subsections A,B, and C of this section:

1.  The handler shall disclose handling of any extremely hazardous substance in quantities that require disclosure under the provisions of Section 25532(j) of Division 20 of Chapter 6.95 of the California Health and Safety Code.

2.  The handler shall disclose the handling of any quantity of a material or waste that is or contains a material subject to regulation by the Nuclear Regulatory Commission in Title 10 of the Code of Federal Regulations, including any by-product, licensed, source, or special material. Disclosure is not required for manufactured products, such as tritium exit signs, smoke detectors, china, and similar products that are in use by the consumer, as well as naturally occurring radioactive materials, provided that these items are properly disposed of at the end of consumer use. Facilities may petition the hazardous materials manager for exemption of low risk or short-lived radiological materials, wastes, or products.

3.  The handler shall disclose the handling of any quantity of an etiologic agent, as defined in subsection D of Section 15.08.060 of this title. Vaccines are exempt from disclosure requirements.

4.  The handler shall disclose the handling or generation of any hazardous waste as defined in this title.

5.  As required by the Fire Chief or hazardous materials manager, the handler shall disclose the handling of any hazardous material, as defined by the Uniform Fire Code, in a quantity at least equal to the permit quantity threshold established in the Uniform Fire Code, if that quantity is less than the applicable quantity set forth in subsection A. Permits under Section 105 of the Uniform Fire Code are under the jurisdiction of the Berkeley Fire Department. Submission of the inventory does not constitute meeting the requirements of UFC Section 105.

6.  Each laboratory shall identify separately in its disclosure each hazardous material or waste handled at any time during a year in the following quantity: 500 pounds or

Ordinance No. 7,936-N.S. Page 7 of 21
more of any solid hazardous material or waste; 55 gallons or more of any liquid hazardous material or waste; or 200 cubic feet or more at standard temperature and pressure of any gaseous hazardous material or waste. In addition, each laboratory shall report all other hazardous materials and wastes handled during a year, but may do so using fire code hazard classes.

7.  All manufactured nanoparticles, defined as a particle with one axis less than 100 nanometers in length, shall be reported in the disclosure plan.

15.12.060 – Applicability of California Accidental Release Program (CalARP) If the hazardous materials manager determines there to be a greater risk due to the nature of the material stored, the method of storage, location, operations, history of a facility, or other concern, the hazardous materials manager may require a facility to prepare a Risk Management Plan (RMP) and to be subject to Article 2 of Division 20 of the California Health and Safety Code even if quantities of regulated substances are less than state threshold quantities as defined in Section 25532(j) of Chapter 6.95 of Division 20 of the California Health and Safety Code.

15.12.070 – Permits and Registration
A.  No person shall handle any quantity of hazardous material or waste subject to disclosure under Section 15.12.050, without obtaining all necessary permits and registrations from the hazardous materials manager. All applications for permits or registrations required by this title shall be upon forms furnished by the hazardous materials manager. Each application shall provide the owner’s and/or operator’s name and address, the designated place, purpose or object to which the permit or registration shall apply, and such additional information as the hazardous materials manager may consider necessary to determine compliance with this title. All applications for registrations and permits shall contain at least the disclosure information required by Section 15.12.040, and shall be accompanied by all plans or specifications required by this title. Applicants for additional registrations or permits shall provide the following additional information:

1.  If underground storage tanks are on the place of business, the applicable CERS sections concerning underground storage tanks shall be completed and submitted;

Ordinance No. 7,936-N.S. Page 8 of 21

2.  If hazardous wastes generated on-site are being treated on-site and the treatment is subject to the permit-by-rule, conditionally authorized or conditionally exempt tier, the applicable CERS sections concerning on-site hazardous waste treatment shall be completed and submitted; and

3.  Other information as required by the hazardous materials manager.

B.  No person shall construct or destroy a well subject to this title, or a borehole more than five feet deep, including dewatering wells, without obtaining a permit from the hazardous materials manager.

C.  Upon receipt of a completed application for a permit or a registration, the hazardous materials manager shall make the necessary review, investigation or inspection of the application, applicant, plans, specifications, existing or proposed place, operation or object to determine whether they will meet the requirements of this title. The hazardous materials manager may refer the application to such other governmental agencies as the hazardous materials manager determines may be necessary to determine whether there will be compliance with other applicable laws.

D.  If the hazardous materials manager finds that the applicant, place, operation, purpose or object will comply with the requirements of this title, and the place, operation, or object will be conducted in such a manner as to accomplish the objectives and purposes of all applicable laws, and all fees are paid in full, then the hazardous materials manager shall issue a permit or registration, subject to such reasonable conditions and limitations as are required under the circumstances.

E.  Permits and registrations are not transferable. Any permit or registration issued to a particular person or for a designated place, operation, purpose or object shall not be valid for use by or for any other person, place, operation, purpose or object.

F.  The issuance or granting of a permit or registration, or the approval of plans and specifications, by the hazardous materials manager shall not be construed to be a permit or registration for, or an approval of, any violation of this title or other applicable laws, nor to relieve the applicant from any liability for any other permit, registration or other approval required by other applicable laws.

G.  The approval of plans and specifications shall not prevent the hazardous materials manager from thereafter requiring the correction of errors in such plans and

Ordinance No. 7,936-N.S. Page 9 of 21
specifications, or from preventing installation and construction operations being carried out thereunder when in violation of this title.

H.  Every permit or registration issued under this title shall expire as indicated on the permit, or as otherwise provided by the hazardous materials manager, unless sooner suspended or revoked by the hazardous materials manager.

I.  Whenever the work authorized by any approval of submitted plans and specifications is not commenced within 120 days after the date of such approval or date of issuance of any required building permit, or whenever the work authorized by such approval is suspended for a period of more than 120 days, such approval shall expire by limitation.

Before the work authorized by such prior approval shall be commenced or continued, a new approval shall be obtained as provided in this title.

J.  Every installation, alteration, construction or reconstruction shall be in accordance with the approved plans and specifications, and shall not be changed, modified or altered without written approval of the hazardous materials manager.

K.  Every person required to obtain a permit or registration under this title must present a copy of such permit or registration, signed by the hazardous materials manager, when applying for any other business registration, license or permit that may be issued by the City. No building or other construction permit shall be issued by the City to any person covering any work related to this title for which prior approval by the hazardous materials manager of plans and specifications is required herein unless such approval has been granted.

L.  The permittee or registrant shall retain each permit or registration issued under this title at its facility, immediately available upon request by an inspector or the hazardous materials manager.

M.  Any permit or registration granted under this title may be revoked or suspended by the hazardous materials manager, after written notice, for failure to comply with the requirements of this chapter, or with the conditions of such permit or registration.

1.  The permittee or registrant may appeal the revocation or suspension to the City pursuant to the procedures set forth in Chapter 1.24, beginning at Section 1.24.070 of the Berkeley Municipal Code.

Ordinance No. 7,936-N.S. Page 10 of 21

2.  In the event the handler appeals, the City shall schedule an administrative hearing before a hearing officer designated by the City. Notice of the hearing shall be served personally, or by first class mail, postage prepaid. The notice shall specify the time and place of the hearing, and shall be served not less than ten days prior to the time set for the hearing.

3.  The hearing officer shall hear and rule on the permittee’s or registrant’s appeal.

The handler may appear at the hearing by counsel. The formal rules of evidence shall not apply. All witnesses shall be sworn and each party shall have the right to cross- examine adverse witnesses. The hearing officer shall rule on the appeal, and may either affirm or overrule the revocation or suspension, or make such other determinations as are consistent with this chapter.

4.  The hearing officer shall notify the handler of their determination in writing, by personal service or by first class mail, postage prepaid.

5.  Review of the hearing decision shall be subject to judicial review pursuant Chapter

2.96 of the Berkeley Municipal Code and California Code of Civil Procedure Sections 1094.5 and 1094.6.

15.12.080 – Reporting Unauthorized Releases
The handler or any employee, authorized representative, agent or designee shall, upon discovery, immediately report to the hazardous materials manager any actual or threatened unauthorized release of a hazardous material or waste. Releases required to be reported under this section shall include, but need not be limited to, all unauthorized releases that the handler is required to report to any agency under any other law governing the handling of hazardous materials or wastes. The requirement of this section is in addition to any other requirements to report releases, and compliance with this section does not constitute compliance with any other requirements to report releases to any other agency.

15.12.090 – Closure
A.  It shall be unlawful for any person to abandon or close a hazardous materials or waste storage unit, hazardous waste treatment unit or facility, until a closure application has been submitted to the hazardous materials manager and found by the hazardous materials manager to be complete.

Ordinance No. 7,936-N.S. Page 11 of 21
B. It shall be unlawful for any person to abandon or close underground oil-filled equipment such as heating oil tanks, hydraulic lifts, and oil/water separators, until a closure application has been submitted to the hazardous materials manager and found by the hazardous materials manager to be complete.

C.  Closure requires the following steps:

1.  A handler shall submit a closure application to the hazardous materials manager at least 45 days prior to abandonment or closure of the regulated unit or facility as described in 15.12.090.A. and at least 10 days prior to the closure of underground oil- filled equipment as described in 15.12.090.B. The closure application shall demonstrate to the satisfaction of the hazardous materials manager that all hazardous materials and wastes which are or have been handled or released in the regulated area will be transported, disposed of or reused in a manner protective of public health and safety and the environment, and that any residual contamination will be removed before closure is complete.

2.  The hazardous materials manager shall notify the applicant that the closure application is complete and has been accepted, notify the applicant of any deficiencies in the closure application that must be corrected prior to closure, or, depending on the complexity of the closure, require a more detailed closure plan.

3.  Each regulated area being closed shall be subject to inspection by the hazardous materials manager to confirm that closure has been undertaken in conformity with the closure application and/or plan and that all contamination has been removed.

4.  If contamination associated with the regulated area cannot be removed prior to closure, then the closure plan shall include a definite plan for assessing, monitoring, and removing any such contamination. The hazardous materials manager may accept a plan under this subsection only upon a finding that the plan provides adequate protection to public health and safety and the environment.

15.12.100 – Unauthorized Release Abatement
A.  The handler and any person responsible for handling a hazardous material or waste subject to this chapter, including quantities exempt from disclosure under Section

15.12.050, shall institute and complete all actions necessary to remedy the effects of any unauthorized release. This shall include contaminated buildings, equipment, soil or other

Ordinance No. 7,936-N.S. Page 12 of 21
media as appropriate to eliminate threats to human health or the environment. This subsection shall not affect any rights of the responsible party or third parties to recover appropriate costs and expenditures from any party.

B.  A responsible party can meet the above conditions through an appropriate state or federal agency.

C.  All or any part of any real property, or any building or structure located thereon, at which contamination from hazardous materials or wastes is found, which contamination is not being managed in compliance with the provisions of this section, are hereby declared a public nuisance and imminent health threat. The hazardous materials manager may require abatement of this condition by rehabilitation, removal, demolition or repair under procedures and standards provided in this chapter (including provisions incorporated by reference in Section 15.12.020), consistent with the provisions of Chapter

1.24 of the Berkeley Municipal Code.

D.  In addition to the requirements set forth in Chapter 1.24, the following shall apply:

1.  The notice to abate may require the handler to cease and desist any manufacturing or hazardous material handling activities that cause or contribute to the nuisance or imminent health threat.

2.  The notice may specify the corrective action required or require the owner or handler to prepare a Plan of Corrective Action. When the exact nature and extent of contamination cannot be determined based on information available at the time the notice is served, the notice may require the owner and the handler to propose measures in a Plan of Corrective Action to more fully characterize the contamination, present the results of such characterization, and plan for corrective action within the time specified in the notice.

E.  In the event that any person undertakes, either voluntarily or under order of the hazardous materials manager, to clean up or abate the effects of any unauthorized hazardous material or waste release, discharge or deposit upon or into any property or facility within the City, the hazardous materials manager may take such action as is necessary to supervise or verify the adequacy of the cleanup or abatement.

F.  The City of Berkeley is authorized to clean up or abate the effects of any hazardous material or waste unlawfully released, discharged or deposited upon or into property or facilities within the City. The following persons are considered responsible parties and

Ordinance No. 7,936-N.S. Page 13 of 21
shall be jointly and severally liable to the City for the payment of all costs incurred by the City as a result of such cleanup or abatement activity:

1.  The owner or past owners of the property;

2.  The person or persons whose negligent or willful act or omission proximately caused such release, discharge or deposit;

3.  The person or persons who owned or had custody or control of the hazardous substance or material at the time of such release, discharge, or deposit, without regard to fault or proximate cause; and

4.  The person or persons who owned or had custody or control of the container which held such hazardous material or substance at the time of or immediately prior to such release, discharge or deposit, without regard to fault or proximate cause.

G. As a condition of building permit approval, an applicant may be required to provide environmental screening clearance from either the San Francisco Bay Regional Water Quality Control Board (RWQCB), Department of Toxic Substances Control (DTSC), or the Alameda County Department of Environmental Health’s Local Oversight Program (LOP). Clearance from one of these regulatory agencies will ensure that the property meets development investigation and cleanup standards for the specific use proposed on the property.

H.  See Section 15.12.070 for all permitting requirements.

15.12.110 – Community Right to Know; Public Records
A.  Subject to the qualifications and exemptions provided in this section, all forms, permits and registrations are public records and will be publicly available during normal business hours in the offices of the hazardous materials management program in accordance with the following procedures:

1.  Written application for disclosure of information shall be submitted to the hazardous materials manager, on a form provided by the City. The written application shall identify the address of the business or City facility for which information is sought. The written application shall also include the applicant’s name, address, telephone number, and verification of the applicant’s identity.

Ordinance No. 7,936-N.S. Page 14 of 21

2.  Information requests shall receive response within ten calendar days after the submission of a complete application. The information requested shall be provided except for information that is exempt from disclosure under provisions of the Public Records Act (commencing with Section 6250 of the Government Code) or other law or regulation, or has been designated as trade secret or confidential business information by the handler, which shall be subject to the subsections of this section regarding such records. As used in this chapter, trade secret shall have the meaning given by Sections 25290 and 25511 of the Health and Safety Code, Section 6254.7 of the Government Code, and Section 1060 of the Evidence Code.

B.  If a handler believes that information required to be disclosed on the disclosure form, a permit or registration application, or under the terms of subsection E of Section

15.12.040 should be exempt from disclosure under this section, the handler shall notify the hazardous materials manager in writing identifying the information the handler believes should be exempt from disclosure, and the basis for such belief. The hazardous materials manager has the right to accept or reject the request.

C.  Upon receipt of a request for the release of information to the public, which includes information identified by the handler as exempt from disclosure, the hazardous materials manager shall notify the handler in writing of the request by certified mail, return receipt requested. The hazardous materials manager shall release the information 45 days after the mailing of such notice, unless prior to the expiration of this time period, the handler institutes an action in an appropriate court for a declaratory judgment that such information is subject to protection from disclosure and/or obtains an injunction prohibiting disclosure. The member(s) of the public applying for disclosure shall be considered the real party(ies) in interest in any such action.

D.  Any information reported to or otherwise obtained by the hazardous materials manager, or a designee or representative, which has been determined as exempt from disclosure by the hazardous materials manager, shall not be disclosed to anyone except:

1.  Any officer or employee of the City of Berkeley, County of Alameda, State of California, or United States of America, in connection with the official duties of such officer or employee under any law for the protection of health. For the purposes of this section, fire and emergency response personnel and health personnel operating within the jurisdiction of the City, and any contractor who is furnished information that

Ordinance No. 7,936-N.S. Page 15 of 21
is protected from disclosure by this section, shall be considered employees of the City; or

2.  To any physician or registered nurse who has determined that such information is necessary to the medical treatment of their patient.

3.  Any person who received information protected from disclosure by this section because they qualified under subdivisions 1 or 2 of this subsection and who, knowing that disclosure of this information is prohibited, knowingly and willfully discloses the information in any manner to any person not entitled to receive it, shall be guilty of a misdemeanor.

E.  Information certified by appropriate officials of the United States as necessarily kept secret for national defense purposes shall be accorded the full protection against disclosure as specified by such officials in accordance with the laws of the United States.

F.  The provisions of this section shall not permit a handler of hazardous materials to refuse to disclose to the hazardous materials manager information required by this chapter.

15.12.120 – Fees and Penalties
A.  The City Council shall establish, by resolution, from time to time, hourly billable rates and a schedule of fees for each class of permit and registration issued under this chapter, for additional late fees, charges including penalties and interest for delinquent payments, and for additional services provided by the City to administer and enforce this chapter.

These fees shall be sufficient to allow the City to recover its costs of administering this chapter.

B.  The amount of any fee or penalty imposed by the provisions of this chapter shall be deemed a debt to the City.

1.  If such fee or penalty is not paid when due, such fee or penalty shall constitute an assessment against such business property and shall be a lien on the property for the amount thereof, which may be imposed and enforced as set forth in Chapter 1.24 of the Berkeley Municipal Code.

C.  In addition, the City may collect fees in any other manner permitted by law.

Ordinance No. 7,936-N.S. Page 16 of 21

15.12.130 – Inspections
A.  In order to carry out the purposes of this chapter, the hazardous materials manager or their designee has the authority to inspect any place where hazardous materials or wastes are handled, or any place where the hazardous materials manager has reason to believe that an unauthorized release of a hazardous material or waste has occurred, is occurring, or may occur. This authority extends to any property within 2,000 feet of property on which hazardous materials or wastes are handled. The authority conferred by this section includes the authority to conduct any monitoring or testing of any aboveground or underground storage tank system. The right of entry shall be exercised only at reasonable hours unless otherwise required by an emergency, and entry shall be made to any establishment or property only with the consent of the owner or tenant thereof, or with proper inspection warrant or other remedy provided by law to secure entry.

B.  All inspections under this chapter shall be at the discretion of the City and nothing in this chapter shall be construed as requiring the City to conduct any such inspection nor shall any actual inspection made imply a duty to conduct any other inspection.

Furthermore, nothing in this chapter shall be construed to hold the City or any officer, employee or representative of the City responsible for any damage to persons or property by reason of making an inadequate or negligent inspection or by reason of any failure to make an inspection or reinspection.

15.12.140 – Enforcement
A.  Any party that violates any provision of this title shall be liable for civil or criminal penalties, as appropriate, to the full extent provided by state law and this title. This liability may include, but is not limited to, liability for administrative civil penalties, as provided in Section 15.12.150. The remedies provided for under this section are in addition to any the City or any person might have under any other applicable law.

B.  Except as otherwise provided, violations of this title are misdemeanors, but may be charged as infractions as provided in Chapter 1.20, in the discretion of the citing officer.

C.  Any condition of property which is a violation of this title is hereby declared to be a public nuisance, which shall be subject to the provisions of Chapter 1.24.

D.  The hazardous materials manager may cooperate with the City Attorney or the District Attorney as appropriate, in bringing judicial action to enforce any provision of this title.

These actions may seek the penalties and relief to the full extent provided under the law,

Ordinance No. 7,936-N.S. Page 17 of 21
including recovery of the reasonable costs of the City of Berkeley and the District Attorney in prosecuting the enforcement action.

E.  Remedies under this chapter are cumulative.

F.  The City may recover the costs set forth in subsection G of this section in any administrative proceeding conducted under the authority of this title or Health and Safety Code Section 25404 et seq., any nuisance abatement action under Chapter 1.24, or any civil action filed pursuant to this title, to the extent the City is successful in such proceeding or action.

G.  The following costs shall be recoverable:

1.  Inspection and reinspection costs;

2.  Costs of remediation, if any;

3.  Other enforcement costs;

4.  Hearing officer costs if a state hearing officer is used;

5.  Incidental hearing costs, such as transcripts, transportation, duplication, filing and service costs; and

6.  Other personnel costs to the extent reasonably necessary to enforce the law or remediate a violation of law.

H.  In any civil action filed pursuant to this chapter, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs; provided, that, pursuant to Government Code Section 38773.5, attorneys’ fees shall only be available in an action or proceeding in which the City has elected, at the commencement of such action or proceeding, to seek recovery of its own attorneys’ fees. In no action or proceeding shall an award of attorneys’ fees to a prevailing party exceed the amount of reasonable attorneys’ fees incurred by the City in the action or proceeding.

15.12.150 – Administrative Enforcement
A.  The hazardous materials manager shall be responsible for the issuance of administrative enforcement orders and assessment of administrative penalties for violations of this title. These procedures shall, at a minimum, comply with applicable

Ordinance No. 7,936-N.S. Page 18 of 21
requirements of Sections 25187, 25404 et seq., 25514.5, and 25514.6 of the Health and Safety Code, and their implementing regulations.

B.  The City Council finds and declares:

1.  Administrative hearings pursuant to this title will often involve existing or potential threats to public health, safety and welfare, as well as to the environment, thus implicating matters of great public interest. The public at large has a significant stake in being able to observe and participate in such hearings, without undue procedural constraints.

2.  The public, the City and the parties to proceedings under this title have a significant interest in their speedy and economical resolution; and the City and public have an additional vital interest in prompt compliance and remediation, when appropriate.

3.  Material issues in administrative hearings under Health and Safety Code Sections 25404 et seq. will seldom, if ever, revolve around questions of the personal credibility of witnesses, or testimony of percipient witnesses. Rather, material factual issues will almost always involve technical issues, which will be fully explained in written reports, which will be available to all parties. Accordingly, there is little, if any, benefit to be gained by formal discovery, depositions, cross-examination, and similar formal evidentiary processes.

4.  Administrative hearings under Health and Safety Code Sections 25404 et seq. will allow more effective and efficient resolution of issues than formal hearings under Government Code Sections 11500 et seq.

C.  Pursuant to Government Code Section 11445.20, administrative hearings held pursuant to Health and Safety Code Sections 25404 et seq. shall be informal hearings as defined in Government Code Sections 11445.10 et seq.

D.  Notwithstanding anything to the contrary, nothing herein is intended to, or shall, prevent the hearing officer from converting an informal hearing to a formal hearing under Government Code Section 11445.50, allowing cross-examination in an informal hearing, or taking any other action authorized by law.

E.  For purposes of Government Code Section 11440.10, the agency head as defined in Government Code Section 11405.40 shall be the City Manager or their designee;

Ordinance No. 7,936-N.S. Page 19 of 21
provided that the City Manager may not designate a person subject to the authority, direction, or discretion of the hazardous materials manager.

15.12.160 – Relation to Existing Law; Effective Dates
A.  The requirements set forth in this chapter are declarative of existing law and the responsibilities of handlers of hazardous materials and wastes within the City of Berkeley, including contiguous areas within surrounding cities for which Berkeley has received regulatory and enforcement authority by agreement or otherwise, as of the effective date of the ordinance set forth in this chapter. Handlers filing disclosure forms or permit or registration applications under this chapter shall use revised forms at the time of their first update of the relevant document(s) after the effective date of this revised chapter.

B.  The City of Berkeley, under the terms of Section 25502 of the Health and Safety Code, hereby assumes and reaffirms responsibility and exclusive jurisdiction within the City, including contiguous areas within surrounding cities for which Berkeley has received regulatory and enforcement authority by agreement or otherwise, for implementation of Chapter 6.95 of Division 20 of the Health and Safety Code (commencing with Section 25500), regulating the inventory and preparation of hazardous materials business plans, and regulating risk management planning to prevent accidental releases of regulated substances. This section is declarative of the assumption and responsibilities formerly codified in Chapter 11.52 of the Berkeley Municipal Code.

C.  The City of Berkeley, under the terms of Section 25582 of the Health and Safety Code, hereby assumes and reaffirms responsibility and exclusive jurisdiction within the City, including contiguous areas within surrounding cities for which Berkeley has received regulatory and enforcement authority by agreement or otherwise, for implementation of Health and Safety Code Sections 25280 et seq., regulating the underground storage of hazardous substances. This section is declarative of the assumption and responsibilities formerly codified in Chapters 11.52 and 11.54 of the Berkeley Municipal Code (underground storage of hazardous substances).

D.  The City of Berkeley, under the terms of Health and Safety Code Section 25404.3 and the certification of the City by the California Environmental Protection Agency on March 1, 1997, hereby assumes and reaffirms responsibility and exclusive jurisdiction within the City, including contiguous areas within surrounding cities for which Berkeley has received regulatory and enforcement authority by agreement or otherwise, for

Ordinance No. 7,936-N.S. Page 20 of 21
implementation of Health and Safety Code Sections 25404 et seq., providing for unified programs to regulate hazardous materials and wastes.

15.12.170 – Relation to Other Laws
A.  When conflicts arise between the contents of this chapter and any other provisions of the Berkeley Municipal Code, the most stringent provisions shall prevail, provided said provisions are not in conflict with the laws set forth in Section 15.12.020.

B.  The disclosure of hazardous materials information following the provisions of this chapter shall not in any way affect any other liability or responsibility of a handler with regard to safeguarding the health and safety of any employee or any other person or the environment.

C.  The degree of protection required by this chapter is considered reasonable for regulatory purposes. The standards set forth herein are minimal standards and this chapter does not imply that compliance will ensure that there will be no improper release of hazardous materials or wastes. This chapter shall not create liability on the part of the City, any officer or employee thereof for any damages that result from reliance on this chapter or any administrative decision lawfully made hereunder. All persons handling hazardous materials or wastes within the City are advised to determine to their own satisfaction the level of additional protection necessary or desirable to ensure that there is no improper release of hazardous materials or wastes.

D.  Subject to the limitations of due process, and notwithstanding any other provisions of this code, whenever the words "shall" are used in establishing a responsibility or duty of the City, its elected or appointed officers, employees, or agents, it is the intent of the City Council that such words establish a discretionary responsibility or duty requiring the exercise of judgment and discretion.

Section 2. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

Ordinance No. 7,936-N.S. Page 21 of 21
At a regular meeting of the Council of the City of Berkeley held on October 1, 2024, this Ordinance was passed to print and ordered published by posting by the following vote:

Ayes: Bartlett, Hahn, Humbert, Kesarwani, Lunaparra, Taplin, Tregub, Wengraf, and Arreguin.

Noes: None.

Absent: None.

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
October 15, 2024
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Mark Numainville, City Clerk
Subject: Contract #102814-1 Amendment: Konica Minolta Business Services, Inc. for Electronic Content Management System and Agenda Management and Workflow System

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract #102814-1 with Konica Minolta Business Solutions, Inc. for software maintenance and related services for OnBase, an Electronic Content Management System (ECMS) and agenda management and workflow system, to increase the not-to-exceed amount by $381,949 for a total not to exceed amount of $922,953 for regular annual maintenance costs and version updates, and authorize annual renewals through September 18, 2029.

FISCAL IMPACTS OF RECOMMENDATION
Funds to cover the cost of this contract for FY 2025 will be allocated in budget code 011-32-313-000-0000-000-411-613130. Allocations of funds for subsequent years will be subject to adoption of the Annual Appropriations Ordinance for that fiscal year.

CURRENT SITUATION AND ITS EFFECTS
The City currently uses OnBase software for its agenda management workflow system and the imaging and storage of vital city records in the digital repository. The agenda workflow system is used to route council reports for review, and to compile the agenda packets for City Council meetings.

Konica Minolta implemented and configured the OnBase application for the City and has provided ongoing maintenance and support since the “go-live” date in January 2016. The increase in the not to exceed amount is needed to cover five additional years of the following services: OnBase annual maintenance, Optical Character Recognition and Imaging software maintenance, Encryption software license for birth and death certificates, as well as costs for two future version upgrades, and the project to implement encryption for birth and death records for greater security.

Contract: Konica Minolta Business Services, Inc. for Electronic Content CONSENT CALENDAR Management System and Agenda Management and Workflow System October 15, 2024

BACKGROUND
In September 2014 the City entered into Contract No. 9754 with Konica Minolta Business Solutions for the purchase of the OnBase for agenda workflow and Enterprise Content Management system (ECM). Enterprise Content Management encompasses the technologies used to capture, manage, store, preserve, and deliver content and documents related to organizational processes. Also included in the system is a workflow process that was customized for the City’s agenda review and compilation process. In 2019, the City extended the contract with Konica Minolta for five years under contract #102814-1.

The OnBase system is an essential core system for City operations. It is the backbone of the City’s agenda management process and houses the legislative history and critical governmental records of the city in the digital repository. Currently, the repository holds over 500,000 records including resolutions, ordinances, minutes, contracts, council reports, election information, and birth and death certificates. Records for minutes and ordinances in OnBase date back to the early 1900s.

ENVIRONMENTAL SUSTAINABILITY
Increased use of digital solutions to reduce the use of paper copies creates an environmental benefit for the City.

RATIONALE FOR RECOMMENDATION
A robust, efficient, and easy to use ECMS and agenda workflow system is critical to staff’s ability to provide the public with access to City records through the digital repository and the City Council agenda.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Mark Numainville, City Clerk, City Clerk Department, 981-6900 Attachment:
1: Resolution

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

CONTRACT AMENDMENT: KONICA MINOLTA BUSINESS SERVICES, INC. FOR

ONBASE, AN ELECTRONIC CONTENT MANAGEMENT AND AGENDA WORKFLOW

SOFTWARE SYSTEM
WHEREAS, the City of Berkeley entered into Contract #9754 with Konica Minolta Business Solutions, Inc. in September 2014 with a not-to-exceed amount of $366,004; and
WHEREAS, the City executed a contract amendment with Konica Minolta Business Solutions, Inc. in 2019 under Contract #102814-1 to extend the term and raise the not-to- exceed amount to $541,004; and
WHEREAS, ongoing costs for software maintenance, version upgrades, and special projects require that the not-to-exceed about be raised and the term be extended.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is hereby authorized to execute a contract amendment with Konica Minolta Business Solutions, Inc. for software maintenance, upgrades, and related services for an agenda workflow and electronic document management software system, to increase the not-to-exceed amount by $381,949 for a total not to exceed amount of $922,953, and authorize annual renewals for maintenance services through September 18, 2029.

Item Removed From
Agenda
This item has been removed from the agenda by the
City Manager.

If you have questions regarding this report, please
contact the person noted on the agenda.

City Clerk Department
2180 Milvia Street
Berkeley, CA 94704
(510) 981-6900
The City of Berkeley, City Council’s Website
https://berkeleyca.gov/your-government/city-council

Internal
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
October 15, 2024
To: Honorable Mayor and Members of the City Council From: Paul Buddenhagen, City Manager
Submitted by: Henry Oyekanmi, Director, Finance
Subject: Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on October 15, 2024

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

FISCAL IMPACTS OF RECOMMENDATION
Total estimated cost of items included in this report is $61,896,178 PROJECT Fund Source Amount
Upholstery Installation, Repairs
and Cleaning Services 672 SUPPL - FIELD - TOOLS AND PART TECH SVCS - VEHICLE MAINT $200,000
Vehicle Lubricants 672 SUPPL - FIELD - BULK FUEL $420,000 Tire Replacement and Repair
Services 672 TECH SVCS - EQUIPMENT MAINT $800,000
Public Safety Building Control
Systems Upgrades-PSB Jail 501 PROPERTY REPAIRS & MAINT $600,000 Organics / Compost Recycling
and Hauling Services 601 PROF SVCS - MISCELLANEOUS $59,876,178 Total: $ 61,896,178

CURRENT SITUATION AND ITS EFFECTS
On May, 6, 2008, Council adopted Ordinance No. 7,035-N.S. effective June 6, 2008, which increased the City Manager’s purchasing authority for services to $50,000. As a result, this required report submitted by the City Manager to Council is now for those purchases in excess of $100,000 for goods; and $200,000 for playgrounds and construction; and $50,000 for services. If Council does not object to these items being sent out for bid or proposal within one week of them appearing on the agenda, and

Internal
Formal Bid Solicitations and Request for Proposals
Scheduled for Possible Issuance After Council
Approval on October 15, 2024 CONSENT CALENDAR
October 15, 2024
upon final notice to proceed from the requesting department, the IFB (Invitation for Bid) or RFP (Request for Proposal) may be released to the public and notices sent to the potential bidder/respondent list.

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

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

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

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Clayton Stilwell, General Services Manager, Finance, 510-981-7329 Attachments:

1. Upholstery Installation, Repairs and Cleaning Services

2. Vehicle Lubricants

3. Tire Replacement and Repair Services

4. Public Safety Building Control Systems Upgrades-PSB Jail

5. Organics / Compost Recycling and Hauling Services

Note: Original of this attachment with live signature of authorizing personnel is on file in General Services.

NEXT 30 DAYS
DATE SUBMITTED: OCTOBER 15, 2024
Attachment 1

SPECIFICATION
NO.

DESCRIPTION OF

GOODS /

SERVICES BEING

PURCHASED
APPROX. RELEASE
DATE
APPROX. BID

OPENING DATE

INTENDED USE ESTIMATED COST BUDGET CODE TO BE

CHARGED
DEPT. / DIVISION CONTACT NAME
& PHONE
25-11681-C Upholstery
Installation, Repairs
and Cleaning
Services
24-Sep Oct-24 As needed auto upholstery services,
repairs, cleaning &/or installation
including
delivery for City’s fleet
vehicles.
$200,000 over
three years, with
option to extend by
two years
"672-54-626-722-0000-
000-473-642120-
672-54-626-722-0000-
000-472-613110-
"
Public Works / Equipment
Maintenance
Tucker Brofft
510-981-5375
Erika Barros
510-981-6462
Sara Rubio
510-981-5372
25-11682-C Vehicle Lubricants September-24 Oct-24 Delivery of automotive oils, grease, lubricants and coolants for the
various classifications, and
makes/models of vehicles in the
City’s Fleet
" $420,000
over three years,
with option to
extend by two years
"
672-54-626-722-0000-
000-473-642130-
Public Works / Equipment
Maintenance
Tucker Brofft
510-981-5375
Erika Barros
510-981-6462
25-11683-C Tire Replacement
and Repair Services
9/1/24 Oct-24 On-call tire repairs and replacement
services for City of Berkeley fleet
vehicles. Includes on-site at City’s
Corporation Yard (1326 Allston
Way, Building G) or Transfer Station
(1201 2nd Street) and off-site repairs
for emergency roadside services
ranges from within City of Berkeley,
California to Vasco Road in
Livermore,
California
(approximately 40 miles east of
Berkeley).
$800,000 over
three years, with
option to extend by
two years
672-54-626-722-0000-
000-472-613120-
Public Works / Equipment
Maintenance
Tucker Brofft
510-981-5375
Erika Barros
510-981-6462
25-11684-C Public Safety
Building Control
Systems Upgrades-
PSB Jail
September-24 December-24 • Upgrading the buildings
communication and electronic
security systems.
• Upgrading minor HVAC
system
$ 600,000 501-54-623-677-0000-
444-624110
Public Works/ Facility Division  Uriel Gonzalez
(510) 981-6627
25-11685-C Organics / Compost
Recycling and
Hauling Services
5-year term with
option to extend for
(2) additional 5-year
terms
10/16/2024 10/30/2024 Organics / Compost Recycling and
Hauling Services
FY 2025-
FY 2030 (5.4 years)
$16,010,134
FY 2031-
FY 2035
$19,270,922
FY 2036-
FY 2040
$24,595,122
Total if (2) additional
options exercised:
$59,876,178
601-54-627-732-3026-
000-472-612990-
601-54-627-733-3026-
000-472-612990-
Public Works
Zero Waste
Division
Leticia Jareuqui
981-6362
DEPT. TOTAL $ 61,896,178
TOTAL $ 61,896,178
1 of  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: http://www.CityofBerkeley.info/Manager

CONSENT CALENDAR
October 15, 2024
To:

From:

Honorable Mayor and Members of the City Council
Paul Buddenhagen, City Manager
Submitted by: David Sprague, Fire Chief
Subject: Contract: Mission Critical Partners for Emergency Communications Consulting Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a piggyback contract and any amendments with Mission Critical Partners, LLC, using the California Multiple Award Schedules (CMAS) contract No. 3-13-70-3020A in an amount not to exceed $300,000 for the enhancement of mission-critical communications systems from November 1, 2024, through May 30, 2026, with two (2), two (2) year options to extend.

FISCAL IMPACTS OF RECOMMENDATION
The term of this contract is from November 1, 2024, to May 30, 2026 with an option to extend the term for two (2) additional two (2) year terms for a total term of six (6) years.

Funding is available in, but not limited to, Measure FF and will not exceed $300,000.

CURRENT SITUATION AND ITS EFFECTS
On May 31, 2021, the California Department of General Services issued CMAS Agreement No. 3-13-70-3020A to procure “Information Technology and Communication Risk Management and Consulting Services.” The CMAS Agreement, established through a formal RFP process by the California Department of General Services, is based on the federal GSA Schedule and satisfies the City of Berkeley’s competitive bid requirements. This agreement with Mission Critical Partners, LLC (MCP) began on June 1, 2021, and will end on May 30, 2026.

BACKGROUND
The City of Berkeley maintains comprehensive 24/7 dispatch services for police, fire, and emergency medical services (EMS). Currently, both fire and EMS units respond to urgent calls for service—designated as code 3—utilizing lights and sirens for rapid response. Each EMS incident mandates the deployment of both a suppression company and a paramedic ambulance. The strategic positioning of suppression companies throughout the city ensures minimized response times, allowing these units to provide initial lifesaving interventions upon arrival.

Contract: Vector Solutions for Fire Records Management Software

CONSENT CALENDAR
October 15, 2024

Despite these robust services, the City does not engage in in-house prioritized or Emergency Medical Dispatching (EMD). Prioritized dispatching enables fire departments to effectively triage service calls through standardized questioning and categorization, ensuring appropriate resource allocation—thereby not all incidents require simultaneous code 3 responses from both fire engines and ambulances. EMD equips dispatchers with the necessary training and technological support to offer critical, pre-arrival medical instructions for a range of emergencies, including cardiac arrests, allergic reactions, drownings, stabbings, gunshot injuries, and severe bleeding, while emergency units are enroute.

The Department currently faces challenges with outdated communication tools, which are insufficient to meet the escalating demands of modern public safety operations. The City’s Emergency Communications Center (ECC) is unable to integrate alternative response units into its operational framework without substantial enhancements. In response to these challenges, the Fire Department engaged Federal Engineering in 2021 for a comprehensive needs assessment and contracted with Mission Critical Partners in 2023 to conduct a staffing validation study. The findings from these engagements underscore the necessity for upgrading the ECC’s spatial configurations, infrastructure, training, and technology. Furthermore, Mission Critical Partners, LLC brings a diverse array of resources critical for enhancing recruitment, retention consulting, and continuous support.

The forthcoming contract with Mission Critical Partners, LLC is poised to substantially upgrade our emergency communications infrastructure, thereby fortifying the efficiency and effectiveness of the City's emergency response capabilities.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no significant environmental impacts associated with the adoption of this recommendation. Enhanced communication systems are expected to improve operational efficiency and reduce carbon footprint through more effective response coordination.

RATIONALE FOR RECOMMENDATION
Utilizing the CMAS contract with Mission Critical Partners, LLC enables the City to leverage state-negotiated terms and pricing, ensuring cost-effectiveness and compliance with procurement regulations. The key services provided will help upgrade our communication systems to ensure they are robust, secure, and capable of handling the complexities of modern public safety operations.

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

Contract: Vector Solutions for Fire Records Management Software

CONSENT CALENDAR
October 15, 2024

Attachments:
1: Resolutions

Contract: Vector Solutions for Fire Records Management Software

CONSENT CALENDAR
October 15, 2024

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

CONTRACT: MISSION CRITICAL PARTNERS FOR EMERGENCY COMMUNICATIONS

CONSULTING SERVICES
WHEREAS, the City of Berkeley provides essential 24/7 dispatch services for police, fire, and emergency medical services (EMS) and is committed to ensuring rapid and efficient emergency response capabilities; and
WHEREAS, the existing dispatch infrastructure requires significant enhancements to integrate advanced communication tools and alternative response units, as identified by comprehensive assessments conducted by Federal Engineering in 2021, Mission Critical Partners and CityGate in 2023; and
WHEREAS, the City of Berkeley’s Emergency Communications Center (ECC) lacks the modernized tools necessary to support the increasing demands of public safety operations, hindering effective emergency response adaptations; and WHEREAS, Mission Critical Partners, LLC possesses a broad spectrum of resources necessary for implementing substantial improvements in ECC space configurations, technological infrastructure, training, recruitment, retention strategies, and ongoing operational support; and
WHEREAS, the California Department of General Services issued CMAS Agreement No. 3-13-70-3020A on May 31, 2021, for the procurement of "Information Technology and Communication Risk Management and Consulting Services," which was established through a formal competitive bid process and satisfies the City of Berkeley's procurement requirements; and
WHEREAS, the CMAS Agreement with Mission Critical Partners, LLC allows the City to leverage state-negotiated terms and pricing, ensuring cost-effectiveness and adherence to statutory procurement regulations;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is hereby authorized to execute a contract and any amendments with Mission Critical Partners, LLC using the California Multiple Award Schedules (CMAS) contract No. 3-13-70-3020A in an amount not to exceed $300,000 for the enhancement of mission-critical communications systems from November 1, 2024, through May 30, 2026, with two (2), two (2) year options to extend

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
October 15, 2024
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Scott Gilman, Director, Health, Housing & Community Services Subject: PATH CITED Round 3 Revenue Grant Agreement

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or his designee to accept a grant award, and execute any agreements, in the amount of $96,901.88 for Fiscal Year 2025, from the PATH CITED initiative to support the development of the City of Berkeley’s Health, Housing, and Community Services Department’s Enhanced Care Management Program. This grant agreement requires matching funding from the City in the amount of $96,901.88.

FISCAL IMPACTS OF RECOMMENDATION
The Health, Housing, and Community Services Department is currently in the process of developing an Enhanced Care Management (ECM) Program. The allocated funds will support the development and implementation costs associated with this initiative.

Funding will be recommended for appropriation through the Fiscal Year 2025 second amendment to the appropriations ordinance in One-Time Grant Fund (Fund 336-51- 505-548-2081-000-451-612990). The required matching funding is available in the Fiscal Year 2025 ECM General Fund Match Fund (Fund 011-51-505-548-2081-000- 451-612990).

CURRENT SITUATION AND ITS EFFECTS
On August 30, 2024, the Department of Health Care Services (DHCS) awarded $146.6 million to 133 organizations providing Enhanced Care Management (ECM) and Community Supports services to Medi-Cal members. Awards are part of the Providing Access and Transforming Health (PATH) Capacity and Infrastructure, Transition, Expansion, and Development (CITED) initiative’s work to help build, maintain, and scale providers’ capacity to participate in the Medi-Cal delivery system and serve the whole person. The City was one of thirteen organizations selected to receive grant funding in Alameda County.

BACKGROUND
Over the past decade, Medi-Cal has undergone significant evolution and expansion, particularly through the Affordable Care Act (ACA) and various federal and state policy

PATH CITED Round 3 Revenue Grant Agreement CONSENT CALENDAR October 15, 2024

changes. DHCS has launched several initiatives to enhance the beneficiary experience, emphasizing the integration of delivery systems, alignment of funding, data reporting, quality, and infrastructure. This strategic shift led to the creation of California Advancing and Innovating Medi-Cal, or CalAIM.

Effective January 1, 2022, and extending through phased reforms until 2027, CalAIM represents a multi-year initiative to modernize California’s Medicaid program. The initiative aims to standardize and simplify Medi-Cal, focusing on improving the overall health of enrollees by adopting a population health approach. Building on the successes of programs like Whole Person Care (WPC), CalAIM emphasizes equitable, coordinated, and person-centered care.

As a local health jurisdiction with a history of serving high-need Medi-Cal beneficiaries, HHCS’s participation in CalAIM aligns with its strategic objectives. A key component of CalAIM is Enhanced Care Management (ECM), which provides intensive coordination of clinical and non-clinical needs for high-need Medi-Cal members. With a successful Targeted Case Management (TCM) program already in place, the City of Berkeley’s Health, Housing, and Community Services Department is currently in the process of planning the development and implementation of an ECM Program to continue to service the community.

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

RATIONALE FOR RECOMMENDATION
Acceptance of the PATH Cited Round 3 grant will assist the development and implementation costs associated with the development of the City’s ECM Program.

ALTERNATIVE ACTIONS CONSIDERED
No alternative actions were identified.

CONTACT PERSON
Tamiko Huey, Senior Management Analyst, HHCS, (510) 725-2243 Attachments:
1: Resolution

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

PATH CITED ROUND 3 GRANT AGREEMENT
WHEREAS, the Department of Health Care Services (DHCS) has awarded the City of Berkeley Health, Housing, and Community Services Department with $96,901.88in grant funding as part of the Providing Access and Transforming Health (PATH) Capacity and Infrastructure, Transition, Expansion, and Development (CITED) initiative; and WHEREAS, the total grant amount of $96,901.88 will support the development of the City’s Enhanced Care Management Program; and
WHEAREAS, this grant agreement requires matching funding from the City in the amount of $96,901.88, which is in the FY 2025 ECM General Fund Match budget (Fund 011); and WHEREAS, awards are part of the Providing Access and Transforming Health (PATH) Capacity and Infrastructure, Transition, Expansion, and Development (CITED) initiative’s work to help build, maintain, and scale providers’ capacity to participate in the Medi-Cal delivery system and serve the whole person; and
WHEREAS, the City of Berkeley was one of thirteen organizations selected to receive grant funding in Alameda County.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or his designee is hereby authorized to receive funds up to the maximum grant award which may be larger or smaller than the projected award of $96,901.88 in One-Time Grant Fund (Fund 336) via the second Annual Appropriations Ordinance, and execute any resultant agreements and amendments resulting from the grant award. A record signature copy of said agreements and any amendments shall be on file in the office of the City Clerk.

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

CONSENT CALENDAR
October 15, 2024
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Scott Gilman, Director, Health, Housing, and Community Services Subject: Contract No. 32200162-1 Amendment: Thirdwave Corporation for Professional Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or his designee to amend Contract No. 32200162 with ThirdWave Corporation to increase the not to exceed (NTE) amount by $36,020, utilizing one-time funds. The amendment will increase the NTE amount from $275,000 to $311,020 through June 30, 2025.

FISCAL IMPACTS OF RECOMMENDATION
The amendment will add $36,020 with a total not-to-exceed amount of $311,020. The funding for this amendment is available in the FY2025 Adopted Budget in One-Time Fund (Fund 156).

CURRENT SITUATION AND ITS EFFECTS
The Health, Housing, and Community Services Department’s intends to engage in an RFP process to update the Electronic Health Records (EHR) system utilized at the Berkeley High School Health Center. The Berkeley High School Health Center currently provides Mental Health, Reproductive sexual health and first aid clinical services to Berkeley High School and Berkeley Technology Academy’s student population of over 3,100 students.

The current EHR system is over 5 years old, does not adequately meet the reporting or billing requirements of the services provided and is due for an upgrade. The goal is to engage in a competitive bid process to identify a cost-effective system that meets the needs of the present operations. This will require mapping services that ThirdWave can provide to achieve a more seamless and successful implementation of the chosen solution. Incorporating process mapping, will ensure that the EHR upgrade will meet the functional, billing, and reporting requirements to maximize the effectiveness of the services provided by Berkeley High School Health Center. This methodical approach will lead to enhanced efficiency, reduced risks, and improved decision-making throughout the project.

Contract No. 32200162-1 Amendment: Thirdwave Corporation CONSENT CALENDAR October 15, 2024

BACKGROUND
ThirdWave’s patented RapidWorkflow® Process Modeling (RWPM) workshops have proven to be a critical tool that assisted in the development of prior Berkeley City Council approved projects including the ERP Replacement Project: Enterprise Modules Needs Assessment and the Information Technology Strategic Plan & Cost Allocation Plan. Based on these prior successes, on March 7, 2022, the City signed Contract No. 32200162 with ThirdWave Corporation for CIO Support Services similar in Task 2 to the Professional Services in this amendment.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
ThirdWave Corporation conducts a portion of their work remotely. When on-site visits may be required for face-to-face meetings, they will cluster those visits over multiple days to minimize travel costs and greenhouse gas emissions related to travel.

Additionally, by identifying cumbersome business practices the City is able to maintain an environmentally sound technology infrastructure.

RATIONALE FOR RECOMMENDATION
ThirdWave’s RWPM Workshops have proven to be an effective and efficient way of documenting business processes and identifying pain points and areas for improvement. ThirdWave’s patented RWPM was a critical tool that assisted in the development of the Citywide Digital Strategic Plan and Enterprise Modules Needs Assessment. Participating in business process mapping with ThirdWave will continue to increase efficiency, consistency, and customer service and will specify requirements for the EHR upgrade at the Berkeley High School Health Center.

ALTERNATIVE ACTIONS CONSIDERED
Staff considered completing the project without ThirdWave’s service. However, doing so would lead to an inefficient allocation of staff resources and less than optimal requirement and process maps due to ThirdWave Corporation’s expertise with their RWPM tool.

CONTACT PERSON
Janice Chin, Public Health Division Manager, HHCS, (510) 981-5121 Attachments:
1: Resolution

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

CONTRACT NO. 32200162-1 AMENDMENT: THIRDWAVE CORPORATION FOR

PROFESSIONAL SERVICES
WHEREAS, on March 7, 2022, the City signed Contract No. 32200162 with ThirdWave Corporation for CIO Support Services; and
WHEREAS, ThirdWave’s patented RWPM (RapidWorkflow® Process Modeling) is a critical tool that assisted in the development of prior Berkeley City Council approved projects including the ERP Replacement Project: Enterprise Modules Needs Assessment and the Information Technology Strategic Plan & Cost Allocation Plan; and WHEREAS, the RWPM tool has proven to be an effective and efficient way of documenting business processes and identifying pain points and areas for improvement; and
WHEREAS, the Berkeley High School Health Center would benefit from application of the RWPM Tool to Department business processes in the planning and implementation of its Electronic Health Records system upgrade; and
WHEREAS, funding for this one-time project is available in Fund 156.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or his designee is authorized to amend Contract No. 32200162 with ThirdWave Corporation for professional services to increase the not to exceed amount by $36,020 to a total of $311,020 through June 30, 2025.

Internal
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
October 15, 2024
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Aram Kouyoumdjian, Director of Human Resources Subject: Revise Salary Range – Aquatics Specialist II

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to revise the salary range of the unrepresented Aquatics Specialist II classification to remedy salary compaction with Aquatics Specialist I.

FISCAL IMPACTS OF RECOMMENDATION
Annual impact at current wage rates is estimated at $3,469.

CURRENT SITUATION AND ITS EFFECTS
As a result of Living Wage Ordinance and cost-of-living adjustments, the salary rate for Aquatics Specialist I has increased at a higher percentage than Aquatics Specialist II, resulting in compaction between the two classifications. Steps 1 and 2 of Aquatics Specialist II are now identical to the wages of Aquatics Specialist I and warrant revision:

CURRENT Step 1 Step 2 Step 3 Step 4 Step 5
Aquatics
Specialist I

23.5532 23.5532 23.5532 23.5532 23.5532
Aquatics
Specialist II

23.5532 23.5532 23.9963 25.2670 27.4063
REVISED Step 1 Step 2 Step 3 Step 4 Step 5
Aquatics
Specialist I

23.5532 23.5532 23.5532 23.5532 23.5532
Aquatics
Specialist II

24.3501 25.0806 25.8331 26.6081 27.4063
The Personnel Board voted unanimously at its September 9, 2024 meeting to recommend the salary revisions.

Internal
Revise Salary Range – Aquatics Specialist II CONSENT CALENDAR October 15, 2024

BACKGROUND
The City of Berkeley’s Living Wage Ordinance (LWO) sets the minimum hourly wage at $22.22 (rate effective July 1, 2024) for employees who receive no medical benefit. LWO and cost-of-living adjustments impact the lower steps of the Aquatics Specialist classifications.

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

RATIONALE FOR RECOMMENDATION
Revisions to the Aquatics Specialist II salary range are warranted to remedy salary compaction with Aquatics Specialist I.

ALTERNATIVE ACTIONS CONSIDERED
None.

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

Attachments:
1: Resolution

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

REVISE SALARY RANGE – AQUATICS SPECIALIST II
WHEREAS, the Human Resources Department maintains the Classification and Compensation plan for the City of Berkeley; and
WHEREAS, the salary ranges of the unrepresented Aquatics Specialist I and Aquatics Specialist II classifications have become compacted due to Living Wage Ordinance and cost-of-living adjustments; and
WHEREAS, revisions to the Aquatics Specialist II salary range are warranted in order to remedy the compaction issue; and
WHEREAS, the Personnel Board recommended on September 9, 2024 to adopt the newly proposed salary range;
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the salary steps for the Aquatics Specialist II classification be revised as follows, effective the first full pay period after Council approval:

REVISED Step 1 Step 2 Step 3 Step 4 Step 5
Aquatics
Specialist II

24.3501 25.0806 25.8331 26.6081 27.4063

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
October 15, 2024
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Terrance Davis, Director of Public Works
Subject: Purchase Order: Coast Counties Truck & Equipment Co. for Zero Waste Vehicle Parts

RECOMMENDATION
Adopt a Resolution satisfying bid requirements of the City allowing the City to participate in Sourcewell (formerly NJPA) contract bid procedures, authorizing the City Manager to execute a purchase order with Coast Counties Truck & Equipment Co. for the purchase of Zero Waste long-haul vehicle parts for the period October 1, 2024 to December 31, 2027 for an amount not to exceed $600,000.

FISCAL IMPACTS OF RECOMMENDATION
Funding in the amount of $200,000 is available for FY 2025 in the baseline Public Works budget in Equipment Maintenance 672 Fund. Additional funding will be made available and appropriated as needed in future fiscal year budgets.

CURRENT SITUATION AND ITS EFFECTS
Coast Counties Truck & Equipment Co. is the City’s vendor for parts for Peterbilt Motors Company manufactured long-haul trucks used by Public Works’ Zero Waste Division.

These trucks are used to transfer materials from the Transfer Station to landfills, recycling centers and other facilities that process waste. This work keeps the Transfer Station from exceeding its waste storage capacity and allows the City to transport materials more easily.

Peterbilt parts will be purchased from Coast Counties utilizing Sourcewell Contract No. 032824-PMC. Coast Counties is the exclusive Peterbilt dealer for the Northern California territory, including the City, and is authorized to provide parts and service.

This work will support the City’s Strategic Plan Goal to provide state-of-the-art, well- maintained infrastructure, amenities, and facilities.

Purchase Order: Coast Counties Truck & Equipment Co. for Zero Waste Vehicle Parts CONSENT CALENDAR October 15, 2024

BACKGROUND
The Zero Waste Division of Public Works uses long-haul vehicles to perform their duties and support the environmental goals of the City. These vehicles are essential vehicles for Zero Waste’s work to perform quality waste collection service to City residents.

Coast Counties Truck & Equipment Co. is the City’s current vendor for purchasing for parts for vehicles manufactured by Peterbilt Motors Company. They are also the authorized distributor in Northern California of parts for Peterbilt manufactured vehicles, which are the make of City’s long-haul trucks. As such, the City needs a vendor that can provide the appropriate parts to keep these vehicles in service and replace parts as they reach the end of their useful life.

The City has been a no cost member of Sourcewell, formerly the National Joint Powers Alliance (NJPA), and a municipal contracting agency operating under the legislative authority of Minnesota Statute 123A.21. The original 1978 statue was revised in 1995 to allow government clients to better meet their specific needs through participation in a service cooperative, rather than paying the higher cost associated with individual procurement. Sourcewell allows participating municipal agencies to leverage the benefits of cooperative purchasing and reduces procurement costs.

All Sourcewell contracts have been competitively solicited nationwide. On February 8, 2024, Sourcewell released Request for Proposal No. 032824 for Class 4-8 Chassis and Cabs with Related Equipment, Accessories, and Services. The solicitation was released for approximately forty-nine days and twenty-five proposals were submitted. Upon their review, Sourcewell selected Peterbilt as one of the most responsive proposers to meet the specifications, thusly awarding Contract No. 032824-PMC.

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

RATIONALE FOR RECOMMENDATION
This purchase order will allow Public Works Equipment Maintenance Department to continually maintain the Zero Waste long-haul vehicles in a timely manner. This can prevent potential service interruptions that could impact Zero Waste transportation of materials to and from the Transfer Station.

ALTERNATIVE ACTIONS CONSIDERED
If the City does not purchase from Coast Counties, the City would need to purchase long-haul vehicle parts from another vendor. However, Coast Counties is the exclusive dealer and distributor of parts for Peterbilt branded vehicles and the City’s Zero Waste long-haul vehicles are of that brand. Going with a different vendor would lead to increased purchasing expenses and delays in procurement of parts.

Purchase Order: Coast Counties Truck & Equipment Co. for Zero Waste Vehicle Parts CONSENT CALENDAR October 15, 2024

CONTACT PERSON
Joy Brown, Operations Manager, Public Works, (510) 981-6629 Greg Ellington, Equipment Superintendent, Public Works, (510) 981-6469 Tucker Brofft, Senior Management Analyst, Public Works, (510) 981-5375 Attachment:
1: Resolution

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

PURCHASE ORDER: COAST COUNTIES TRUCK & EQUIPMENT CO. FOR ZERO

WASTE VEHICLE PARTS
WHEREAS, Coast Counties Truck & Equipment Co. (“Coast Counties”) is the vendor for the City’s Zero Waste long-haul vehicle parts; and
WHEREAS, the specialized product of Coast Counties are needed for ongoing replacement, maintenance and repair of Zero Waste vehicle parts; and WHEREAS, the Equipment Maintenance Division needs to be able to purchase the specific parts for Zero Waste vehicles to ensure its long-haul vehicles are continually operational and are replaced once they reach the end of their useful life; and WHEREAS, on March 26, 2024 Council authorized a purchase order extension through June 30, 2025 with Coast Counties for Zero Waste vehicle parts for a total not-to-exceed amount of $351,730; and
WHEREAS, Sourcewell bid procedures satisfy the procurement requirements of the City; and
WHEREAS, funding is available in the FY 2025 budget in Equipment Maintenance Fund 672, and funding will be requested in the FY 2026 and FY 2027 budgets though the annual budget process.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a purchase order satisfying bid requirements of the City of Berkeley allowing the City to participate in Sourcewell (formerly NJPA) bid procedures for Coast Counties Truck & Equipment Co. for purchase long-haul vehicle parts for the period October 1, 2024 to December 31, 2027 for an amount not to exceed $600,000.

Office of the City Manager

CONSENT CALENDAR
October 15, 2024
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Terrance Davis, Director of Public Works
Subject: Purchase Order: Pape Kenworth for Zero Waste Tractor Trailer Parts

RECOMMENDATION
Adopt a Resolution satisfying bid requirements of the City, allowing the City to participate in Sourcewell (formerly NJPA) contract bid procedures, authorizing the City Manager to execute a purchase order with Pape Kenworth for the purchase of Zero Waste tractor trailer parts for the period October 1, 2024 to December 31, 2027 for an amount not to exceed $300,000.

FISCAL IMPACTS OF RECOMMENDATION
Funding in the amount of $100,000 is available for FY 2025 in the baseline Public Works budget in Equipment Maintenance Fund 672-54-626-722-0000-000-473- 642120. Additional funding will be made available and appropriated as needed in future fiscal year budgets.

CURRENT SITUATION AND ITS EFFECTS
Pape Kenworth supplies over-the-road tractor trailer parts for the City’s Zero Waste Division. These vehicles transport waste, recycling and compostable materials from the City’s Transfer Station to other storage and processing stations outside of the City. This work keeps the Transfer Station from exceeding its storage capacity and allows the City to transport materials at a lower cost than using another vendor for material transportation.

Tractor trailer parts will be purchased from Pape Kenworth utilizing Sourcewell Contract No. 032824-KTC. Pape Kenworth is a dealer for tractor trailer parts in the Northern California territory including the City and is authorized to provide parts and service.

This work will support the City’s Strategic Plan Goal to provide state-of-the-art, well- maintained infrastructure, amenities, and facilities.
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

Purchase Order: Pape Kenworth for Zero Waste Tractor Trailer Parts CONSENT CALENDAR October 15, 2024

BACKGROUND
The Zero Waste Division of Public Works uses long-haul vehicles to perform their duties and support the environmental goals of the City. These vehicles are essential vehicles for Zero Waste’s work to perform quality waste collection service to City residents.

Pape Kenworth is the City’s current vendor for purchasing these parts. Pape Kenworth provides specialty parts in situations where other vendors, such as Pape Machinery, currently used by the City do not have the part or there will be a major delay in procuring the part from a vendor. Specifically, Pape supplies engine and brake parts which are critical for maintain vehicles and keeping them safe for operators. This flexibility and redundancy in vendor helps keep vehicles maintained and running longer, while also preventing vehicles from being inoperable for longer periods.

The City has been a no cost member of Sourcewell, formerly the National Joint Powers Alliance (NJPA), and a municipal contracting agency operating under the legislative authority of Minnesota Statute 123A.21. The original 1978 statue was revised in 1995 to allow government clients to better meet their specific needs through participation in a service cooperative, rather than paying the higher cost associated with individual procurement. Sourcewell allows participating municipal agencies to leverage the benefits of cooperative purchasing and reduces procurement costs.

All Sourcewell contracts have been competitively solicited nationwide. On February 8, 2024, Sourcewell released Request for Proposal No. 032824 for Class 4-8 Chassis and Cabs with Related Equipment, Accessories, and Services. The solicitation was released for approximately forty-nine days and twenty-five proposals were submitted. Upon their review, Sourcewell selected Pape Kenworth as one of the most responsive proposers to meet the specifications, thusly awarding Contract No. 032824-KTC.

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

RATIONALE FOR RECOMMENDATION
This purchase order will allow Public Works Equipment Maintenance Department to continually maintain and repair the Zero Waste’s tractor trailer vehicles in a timely manner and prevent potential service interruptions.

ALTERNATIVE ACTIONS CONSIDERED
If the City does not purchase from Pape, the City would need to purchase tractor trailer equipment from another vendor. However, if other City vendors are unable to procure necessary parts in a timely manner, there will be delays in repairs, leaving vehicles potentially inoperable for longer time periods. This will slow down shipping of materials from the Transfer Station and can lead to storage limits at the Station being reached, which would limit collection and drop-off services.

Purchase Order: Pape Kenworth for Zero Waste Tractor Trailer Parts CONSENT CALENDAR October 15, 2024

CONTACT PERSON
Joy Brown, Operations Manager, Public Works, (510) 981-6629 Greg Ellington, Equipment Superintendent, Public Works, (510) 981-6469 Tucker Brofft, Senior Management Analyst, Public Works, (510) 981-5375 Attachment:
1: Resolution

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

PURCHASE ORDER: PAPE KENWORTH FOR ZERO WASTE TRACTOR TRAILER PARTS
WHEREAS, Pape Kenworth (“Pape”) is the manufacturer of the tractor trailer parts for the City of Berkeley’s Zero Waste Division tractor trailer vehicles; and WHEREAS, the specialized product and service of Pape are needed for ongoing replacement, maintenance and repair of tractor trailer parts; and WHEREAS, the Equipment Maintenance Division needs to be able to purchase the specific parts for the tractor trailer to ensure the City’s trailers are continually operational and are replaced once they reach the end of their useful life; and WHEREAS, Sourcewell bid procedures satisfy the procurement requirements of the City; and
WHEREAS, funding is available in the FY 2025 budget in Equipment Maintenance Fund 672, and funding will be requested in the FY 2026 and FY 2027 budgets though the annual budget process.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a purchase order satisfying bid requirements of the City of Berkeley allowing the City to participate in Sourcewell (formerly NJPA) bid procedures for Pape Kenworth for purchase of Zero Waste Tractor Parts for the period October 1, 2024 to June 30, 2027 for an amount not to exceed $300,000.

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

CONSENT CALENDAR
October 15, 2024
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Terrance Davis, Director of Public Works
Subject: Purchase Order: Western Truck Center for Zero Waste Vehicle Parts and Repairs

RECOMMENDATION
Adopt a Resolution satisfying bid requirements of the City allowing the City to participate in Sourcewell (formerly NJPA) contract bid procedures, authorizing the City Manager to execute a purchase order with Western Truck Center for the purchase and repairs of Zero Waste vehicle parts and repairs for the period October 1, 2024 to December 31, 2027 for an amount not to exceed $400,000.

FISCAL IMPACTS OF RECOMMENDATION
Funding in the amount of $150,000 is available for FY 2025 in the baseline Public Works budget in Equipment Maintenance Fund 672-54-626-722-0000-000-473-642120.

Additional funding will be made available and appropriated as needed in future fiscal year budgets.

CURRENT SITUATION AND ITS EFFECTS
Western Truck Center is the City’s vendor for parts for Battle Motors manufactured vehicles used by Public Works’ Zero Waste Division. This includes garbage trucks, loaders, roll-off trucks and other vehicles used by Zero Waste for their work. These vehicles support Zero Waste with collecting refuge and transferring these materials to the Transfer Station. The City also uses Western Truck Center for repairs of these vehicles, specifically the loader section of refuse vehicles, as City facilities are not equipped to perform these types of repairs.

Battle Motors parts and repairs will be purchased from Western utilizing Sourcewell Contract No. 032824-CRN. Western is the exclusive Battle Motors dealer for the Northern California territory including the City and is authorized to provide parts and service.

This work will support the City’s Strategic Plan Goal to provide state-of-the-art, well- maintained infrastructure, amenities, and facilities.

Purchase Order: Western Truck Center for Zero Waste Vehicle Parts and Repairs CONSENT CALENDAR October 15, 2024

BACKGROUND
The Zero Waste Division of Public Works uses heavy-duty vehicles to perform their duties and support the environmental goals of the City. These vehicles are essential vehicles for Zero Waste’s work and given the size, weight and complexity of these parts, the City is unable to repair them internally.

Western Truck Center is the City’s current vendor for purchasing and repairing parts for the Battle Motors Company manufactured vehicles. Western Truck Center is the authorized distributor of parts for vehicles produced by Battle Motors and the City current owns and utilizes 33 of these vehicles. As such, the City needs a vendor that can provide the appropriate parts and repairs to keep these vehicles in service and replace parts as they reach the end of their useful life.

The City has been a no cost member of Sourcewell, formerly the National Joint Powers Alliance (NJPA), and a municipal contracting agency operating under the legislative authority of Minnesota Statute 123A.21. The original 1978 statue was revised in 1995 to allow government clients to better meet their specific needs through participation in a service cooperative, rather than paying the higher cost associated with individual procurement. Sourcewell allows participating municipal agencies to leverage the benefits of cooperative purchasing and reduces procurement costs.

All Sourcewell contracts have been competitively solicited nationwide. On February 8, 2024, Sourcewell released Request for Proposal No. 032824 for Class 4-8 Chassis and Cabs with Related Equipment, Accessories, and Services. The solicitation was released for approximately forty-nine days and twenty-five proposals were submitted. Upon their review, Sourcewell selected Battle Motors, Inc. as one of the most responsive proposers to meet the specifications, thusly awarding Contract No. 032824-CRN.

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

RATIONALE FOR RECOMMENDATION
This purchase order will allow Public Works Equipment Maintenance Department to continually maintain and repair the Zero Waste Department’s vehicles in a timely manner. This can prevent potential service interruptions or slowdowns in work performed by Zero Waste.

ALTERNATIVE ACTIONS CONSIDERED
If the City does not purchase from Western Truck Center, the City would need to purchase and repair its Zero Waste vehicles from another vendor. However, Western Truck Center is the exclusive dealer and distributor for Battle Motors and many of the City’s Zero Waste vehicles are from Battle Motors. Using a different vendor would lead

Purchase Order: Western Truck Center for Zero Waste Vehicle Parts and Repairs CONSENT CALENDAR October 15, 2024

to increased purchasing expenses and delays in vehicle repairs due to having to ship equipment to vendors farther away than Western Truck Center.

CONTACT PERSON
Joy Brown, Operations Manager, Public Works, (510) 981-6629 Greg Ellington, Equipment Superintendent, Public Works, (510) 981-6469 Tucker Brofft, Senior Management Analyst, Public Works, (510) 981-5375 Attachment:
1: Resolution

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

PURCHASE ORDER: WESTERN TRUCK CENTER FOR ZERO WASTE VEHICLE

PARTS AND REPAIR
WHEREAS, Western Truck Center (“Western”) is a vendor for Zero Waste vehicle parts and provides repairs for the City of Berkeley Zero Waste vehicles; and WHEREAS, the specialized product and service of Western are needed for ongoing replacement, maintenance and repair of Zero Waste vehicle parts; and WHEREAS, the Equipment Maintenance Division needs to be able to purchase the specific parts for Zero Waste vehicles and provide repairs that staff are not able to perform to ensure the City’s Zero Waste vehicles are continually operational and are replaced once they reach the end of their useful life; and
WHEREAS, on March 26, 2024 City Council authorized a purchase order execution through June 30, 2025 with Western Truck Center for Zero Waste vehicle parts and repairs for a total not-to-exceed amount of $260,000; and WHEREAS, Sourcewell bid procedures satisfy the procurement requirements of the City; and
WHEREAS, funding is available in the FY 2025 budget in Equipment Maintenance Fund 672, and funding will be requested in the FY 2026 and FY 2027 budgets though the annual budget process.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a purchase order satisfying bid requirements of the City of Berkeley allowing the City to participate in Sourcewell (formerly NJPA) bid procedures for Western Truck Center for purchase and repair of Zero Waste vehicle parts for the period October 1, 2024 to December 31, 2027 for an amount not to exceed $400,000.

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

CONSENT CALENDAR
October 15, 2024
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Terrance Davis, Director of Public Works
Subject: Contract: Shaw Industries, Inc. for Civic Center Building Carpet Replacement Project

RECOMMENDATION
Adopt a Resolution:

1. Approving the CMAS Contract with Shaw Industries, Inc. for Carpet Replacements at the Civic Center Building;

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 terms and conditions of the agreements with Shaw Industries, Inc. in an amount not to exceed $107,460, which includes a contingency of $10,367.

FISCAL IMPACTS OF RECOMMENDATION
Funding for this carpet replacement project is available in the Fiscal Year 2025 Facilities Capital Improvement Program (CIP) budget from the Capital Improvement Fund 501- 54-623-677-0000-000-444, pending approval of carryover project budget from FY 2024 via the first amendment to the Annual Appropriations Ordinance.

Cost:

Carpet Replacement $ 97,093
Contingency $ 10,367
Total Cost $ 107,460
FY 2024 Funding:

Capital Improvements Fund (501) $107,460
Total Construction Cost $107,460

CURRENT SITUATION AND ITS EFFECTS
Existing floor carpets at the Civic Center Building, located at 2180 Milvia Street, are in need of replacement on the first floor (City Clerk Department). Most of the carpets are very old and have surpassed their typical life expectancy of twenty years.

Contract: Shaw Industries Inc. CONSENT CALENDAR
Civic Center Building Carpet Replacement Project October 15, 2024

Shaw Industries, Inc. was selected through the California Multiple Award Schedule (CMAS) bid procedure. This allows the City to procure a contractor that was previously selected through the State of California bidding process. All pricing, products and/or services offered to the State of California through this system are made available to the City. Making use of this process results in cost savings and expedites contractor selection.

The services provided will support the Strategic Plan goals of creating a resilient, safe, connected and prepared city as well as providing state-of-the-art, well-maintained facilities.

BACKGROUND
The existing broadloom carpets in the Civic Center Building are over twenty years old and need replacement. There are numerous locations throughout the building where carpet failures are visible, including crushed carpeting padding, seam failures, heavy staining, and other deficiencies that are typical of a carpet that has exceeded its useful life. The work to replace carpets like these typically takes one week, and staff have the work tentatively scheduled for spring 2025. Exact project timing depend on final contract execution, availability of materials, and the contractor’s availability.

In 2015, the City developed technical specifications for carpet tiles to be used in City owned buildings. The specifications have been used for several past projects, including the Public Safety Building Carpet Replacement Project in 2017 and the Civic Center Carpet Replacement in 2020 and 2022. The carpet tiles proved to be a well-received, low-maintenance and less expensive to install than non-tile carpets.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The proposed product meets criteria established in the specifications, which is in accordance with the sustainable resolutions and ordinances administered by the City’s Office of Energy and Sustainable Development, the City of Berkeley Revised General Plan, the City’s Climate Action Plan, and CalGreen. For example, the project will replace the existing carpet with PVC free carpet tiles that are 100% recyclable.

RATIONALE FOR RECOMMENDATION
Contracted services are required for this project as the City does not have the in-house expertise to complete this specialized work. Shaw Industries, Inc. provided a cost- effective price, complying with the City’s carpet specifications.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Wahid Amiri, Deputy Public Works Director, (510) 981-6396 Ronald Nevels, Manager of Engineering, Dept. of Public Works (510) 981-6439

Contract: Shaw Industries Inc. CONSENT CALENDAR
Civic Center Building Carpet Replacement Project October 15, 2024

Elmar Kapfer, Supervising Civil Engineer, Dept. of Public Works (510) 981-6435 Attachments:
1: Resolution

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

CONTRACT: SHAW INDUSTRIES, INC. FOR THE CIVIC CENTER BUILDING

CARPET REPLACEMENT PROJECT
WHEREAS, the existing broadloom carpeting in the Civic Center Building is in need of replacement; and
WHEREAS, the City has neither the labor nor the equipment necessary to undertake this renovation project; and
WHEREAS, the California Multiple Award Schedule (CMAS) is available to state and local governments, which, by utilizing the City is able to adhere to BMC section

7.18.010, meeting the competitive bidding requirement; and WHEREAS, the California Department of General Service Procurement Division determined Shaw Industries, Inc.’s bid pricing to be fair and reasonable and awarded CMAS Contract No. 4-20-00-0125B; and
WHEREAS, funds are available in the FY 2025 Budget in the Capital Improvement Fund (501) pending approval of the first amendment to the Annual Appropriations Ordinance.

NOW THEREFORE, BE IT 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 terms and conditions of the agreement with Shaw Industries, Inc. for the carpet replacement project at the Civic Center Building, in an amount not to exceed $107,460; which includes an authorized contingency of $10,367. A record signature copy of the agreement and any amendments to be on file in the office of the City Clerk.

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

CONSENT CALENDAR
October 15, 2024
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Terrance Davis, Director, Public Works
Subject: Contract No. 32000067 Amendment: GHD, Inc. for Preparation of a Sanitary Sewer Master Plan

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32000067 with GHD, Inc. for further development of a Sanitary Sewer Master Plan, also known as a Sanitary Sewer System Plan (SSP), and Related Engineering Services in an amount not to exceed $350,000 for a total not to exceed $1,290,000.

FISCAL IMPACTS OF RECOMMENDATION
The original contract with GHD, Inc. (GHD) covers a three-year period from Fiscal Year (FY) 2020 through FY 2022 with a not to exceed total of $940,000.

FY 2020, FY 2021, and FY 2022 Budgets (Approved Contract):

Sewer Fund 611………………………………………………………………………$940,000
FY 2025 thru FY 2028 (Proposed Contract Amendment)
Sewer Fund 611 $350,000 Subtotal (Proposed Contract Increase) ...……………….………………………... $350,000 Total (Approved Contract + Proposed Contract Increase) .....................…$1,290,000 Funding in the amount of $350,000 for this Contract Amendment is available in the FY 2025 budget in the Sewer Fund (Fund 611).

The original contract was assigned CMS No. N6ABY.

CURRENT SITUATION AND ITS EFFECTS
Since original contract execution in FY 2020 and following delays due to staffing shortages and COVID-19 impacts, the existing Contract was extended through June 30, 2025 to allow completion of the SSP and to also provide the City with information needed to identify sewer system capacity impacts from new development and redevelopment projects. Capacity impacts are determined using the Sanitary Sewer

Contract Amendment: GHD, Inc. for CONSENT CALENDAR
Preparation of a Sewer Master Plan October 15, 2024

hydrologic and hydraulic model completed under the original contract. Additional contract scope is required to complete the SSP and update the sewer model to reflect development between 2020 and 2024. Additional scope is included to verify sewer system capacity for future development and redevelopment changes as needed over the next three years.

The SSP is a Strategic Plan Priority effort, advancing our goal to provide state-of-the- art, well-maintained infrastructure, amenities, and facilities.

BACKGROUND
The City’s original Contract with GHD allowed the SSP effort to start on July 1, 2019 after a competitive solicitation process selected GHD as the most qualified firm to complete the SSP. Council authorized execution of this Contract on June 11, 2019, under Resolution No. 68,951-N.S. Since then, GHD created a Sanitary Sewer Hydraulic Model, developed dry and wet weather model runs calibrated against pipeline capacities, and identified initial deficiencies that have been incorporated into Sewer Capital Improvement plans. Capital Improvement planning forms the basis for assessing sewer service user fees and connection fees.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Preparation of the SSP will assist in the prioritization of sewer improvements.

Improvements to the City’s sanitary sewer system will help minimize the frequency of sanitary sewer overflows, reduce inflow & infiltration into the City’s sanitary sewer system, subsequently protecting public health and water quality by minimizing impacts of untreated sewage discharge into the San Francisco Bay. This amendment will provide services to assess climate impacts to the sewer system.

RATIONALE FOR RECOMMENDATION
The original contract proposal from the team led by GHD received the highest overall score after a thorough assessment of all of the proposals and presentations. The firm is the most qualified to prepare the City’s SSP and complete related Engineering services.

Having GHD under contract is the cost-effective method for continued sewer modeling.

Using another consultant would require the new consultant to develop their own sewer hydraulic model for the work, thereby resulting in project delays.

ALTERNATIVE ACTIONS CONSIDERED
No alternative actions were considered. The City does not have the staff capacity and equipment to provide the necessary services.

CONTACT PERSON
Wahid Amiri, Deputy Director, Public Works (510) 981-6396 Ronald Nevels, Manager of Engineering, Public Works, (510) 981-6439 Daniel Akagi, Supervising Civil Engineer, Public Works, (510) 981-6394 Felix Meneau, Associate Civil Engineer, Public Works, (510) 981-6399

Contract Amendment: GHD, Inc. for CONSENT CALENDAR
Preparation of a Sewer Master Plan October 15, 2024

Attachments:
1: Resolution: Amendment to Contract with GHD, Inc.

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

CONTRACT NO. 32000067 AMENDMENT: SANITARY SEWER MASTER PLAN BY GHD, INC.

WHEREAS, on June 11, 2019 by Resolution No. 68,951-N.S., the Council authorized Contract No. 32000067 with GHD, Inc. for Preparation of a Sanitary Sewer Master Plan also known as a Sanitary Sewer System Plan, in an amount not to exceed $940,000 for a three-year period through June 30, 2022; and
WHEREAS, the COVID-19 Pandemic and staffing shortages have delayed completing the Project, and the City Manager extended the contract termination for an additional three (3), one (1) year terms with current contract expiration date of June 30, 2025, and WHEREAS, the necessary civil engineering services cannot be performed by City staff due to the specialized nature of the work; and
WHEREAS, the City now has staff to finalize the Sanitary Sewer System Plan, previously delayed due to COVID-19 Pandemic and staffing shortages, complete the update to the sewer fee study, and desires to include additional support for modeling future development on an as needed basis to verify impacts to the capacity of the system; and
WHEREAS, GHD, Inc. has provided a cost proposal in the amount of $350,000 to perform the requested scope of work; and
WHEREAS, funding is available from the Sanitary Sewer Fund 611 in the current year budget and the contract has been entered into the City contract database and assigned CMS No. NSABY.

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. 32000067 with GHD, Inc. for Preparation of a Sanitary Sewer System Plan increasing the amount by $350,000 for a total amount not to exceed $1,290,000 and extending the term of the contract to June 30, 2028. A record signature copy of said contract and any amendments to be placed 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
October 15, 2024
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Terrance Davis, Director of Public Works
Subject: Purchase Order: Arata Equipment Company for Zero Waste Vehicle Parts and Repairs

RECOMMENDATION
Adopt a Resolution satisfying bid requirements of the City of Berkeley allowing the City to participate in Sourcewell (formerly NJPA) contract bid procedures, authorizing the City Manager to execute a purchase order with Arata Equipment Company for the purchase and repairs of Zero Waste vehicle parts for the period October 1, 2024 to December 31, 2027 for an amount not to exceed $500,000.

FISCAL IMPACTS OF RECOMMENDATION
Funding in the amount of $200,000 is available for FY 2025 in the baseline Public Works budget in Equipment Maintenance 672 Fund. Additional funding will be made available and appropriated as needed in future fiscal year budgets.

CURRENT SITUATION AND ITS EFFECTS
Arata Equipment Company is the City of Berkeley’s vendor for parts for Labrie Environment Group manufactured vehicles used by Public Works’ Zero Waste Division.

This includes front, side and rear loader waste trucks and roll off trucks used by Zero Waste for their work. These vehicles support Zero Waste with collecting refuge, recyclable and compostable materials from the public along with transferring these materials to and from the Transfer Station. The City also uses Arata Equipment Company for repairs of these vehicles as City facilities are not equipped to perform these types of repairs.

Labrie parts will be purchased from Arata utilizing Sourcewell Contract No. 110223- LEG. Arata is the exclusive Labrie dealer for the Northern California territory including the City of Berkeley and is authorized to provide parts and service.

This work will support the City’s Strategic Plan Goal to provide state-of-the-art, well- maintained infrastructure, amenities, and facilities.

Purchase Order: Arata Equipment Company for Zero Waste Vehicle Parts and Repairs CONSENT CALENDAR October 15, 2024

BACKGROUND
The Zero Waste Division of Public Works uses heavy-duty vehicles to perform their duties and to support the environmental goals of the City of Berkeley. These vehicles are essential vehicles for Zero Waste’s work and given the size, weight and complexity of these parts, City of Berkeley is unable to repair them internally.

Arata Equipment Company is a current vendor with the City for purchasing parts and repairing these vehicles. Arata is the exclusive distributor of parts and repairs for vehicles produced by Labrie Environmental Group in Northern California. As such, the City needs a vendor that can provide the appropriate parts and repairs to keep Labrie manufactured vehicles in service and replace parts as they reach the end of their useful life.

The City has been a no cost member of Sourcewell, formerly the National Joint Powers Alliance (NJPA), and a municipal contracting agency operating under the legislative authority of Minnesota Statute 123A.21. The original 1978 statue was revised in 1995 to allow government clients to better meet their specific needs through participation in a service cooperative, rather than paying the higher cost associated with individual procurement. Sourcewell allows participating municipal agencies to leverage the benefits of cooperative purchasing and reduces procurement costs.

All Sourcewell contracts have been competitively solicited nationwide. On September 14, 2023, Sourcewell released Request for Proposal No. 110223 for Refuse Collection Vehicles with Related Equipment, Accessories, and Services. The solicitation was released for approximately fifty days and fifteen proposals were submitted. Upon their review, Sourcewell selected Labrie Environmental Group as one of the most responsive proposers to meet the specifications, thusly awarding Contract No. 110223-LEG.

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

RATIONALE FOR RECOMMENDATION
This purchase order will allow Public Works Equipment Maintenance Department to continually maintain and repair the Zero Waste Department’s vehicles in a timely manner. This can prevent potential service interruptions or slowdown’s in work performed by Zero Waste.

ALTERNATIVE ACTIONS CONSIDERED
If the City does not purchase from Arata Equipment Company, the City would need to purchase and repair its Zero Waste vehicles from another vendor. However, Arata is the exclusive dealer and distributor for Labrie Environmental Group and Zero Waste utilizes vehicles manufactured by Labrie. Going with a different vendor would lead to increased

Purchase Order: Arata Equipment Company for Zero Waste Vehicle Parts and Repairs CONSENT CALENDAR October 15, 2024

purchasing expenses and delays in vehicle repairs due to having to ship equipment to vendors farther away than Arata.

CONTACT PERSON
Joy Brown, Operations Manager, Public Works, (510) 981-6629 Greg Ellington, Equipment Superintendent, Public Works, (510) 981-6469 Tucker Brofft, Senior Management Analyst, Public Works, (510) 981-5375 Attachment:
1: Resolution

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

PURCHASE ORDER: ARATA EQUIPMENT COMPANY FOR ZERO WASTE VEHICLE

PARTS AND REPAIR
WHEREAS, Arata Equipment Company (“Arata”) is the vendor for Zero Waste vehicle parts and provides repairs for the City of Berkeley Zero Waste vehicles; and WHEREAS, the specialized product and service of Arata are needed for ongoing replacement, maintenance and repair of Zero Waste vehicle parts; and WHEREAS, the Equipment Maintenance Division needs to be able to purchase the specific parts for Zero Waste vehicles and provide repairs that staff are not able to perform to ensure the City’s Zero Waste vehicles are continually operational and are replaced once they reach the end of their useful life; and
WHEREAS, on March 26, 2024 the Council authorized a purchase order extension through June 30, 2025 with Arata Equipment Company for Zero Waste vehicle parts and repair for a total not-to-exceed amount of $320,180; and WHEREAS, Sourcewell bid procedures satisfy the procurement requirements of the City of Berkeley; and
WHEREAS, funding is available in the FY 2025 budget in Equipment Maintenance Fund 672, and funding will be requested in the FY 2026 and FY 2027 budgets though the annual budget process.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a purchase order satisfying bid requirements of the City of Berkeley allowing the City to participate in Sourcewell (formerly NJPA) bid procedures for Arata Equipment Company for purchase and repair of Zero Waste vehicle parts for the period October 1, 2024 to December 31, 2027 for an amount not to exceed $500,000.

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

CONSENT CALENDAR
October 15, 2024
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Terrance Davis, Director of Public Works
Subject: Purchase Order: McNeilus Truck and Manufacturing for Zero Waste Vehicle Parts

RECOMMENDATION
Adopt a Resolution satisfying bid requirements of the City allowing the City to participate in Sourcewell (formerly NJPA) contract bid procedures, authorizing the City Manager to execute a purchase order with McNeilus Truck and Manufacturing, for the purchase of Zero Waste vehicle parts and services for the period October 1, 2024 to December 31, 2027 for an amount not to exceed $350,000.

FISCAL IMPACTS OF RECOMMENDATION
Funding in the amount of $150,000 is available for FY 2025 in the baseline Public Works budget in Equipment Maintenance 672 Fund. Additional funding will be made available and appropriated as needed in future fiscal year budgets.

CURRENT SITUATION AND ITS EFFECTS
McNeilus Truck and Manufacturing is the City’s vendor for parts for Zero Waste refuse vehicles used by Public Work’s Zero Waste Division. This includes garbage trucks, loaders and other vehicles used by Zero Waste for their work. McNeilus is the manufacturer for the body of several of Zero Waste’s vehicles and the City is able to directly purchase parts for those vehicles from McNeilus. These vehicles support Zero Waste with collecting waste, recycled and compostable materials from the public along with transferring these materials to and from the Transfer Station.

This work will support the City’s Strategic Plan Goal to provide state-of-the-art, well- maintained infrastructure, amenities, and facilities.

BACKGROUND
The Zero Waste Division of Public Works uses refuse vehicles to perform their duties and support the environmental goals of the City. These vehicles are essential vehicles for Zero Waste’s work to perform quality waste collection service to City residents.

Purchase Order: McNeilus Truck and Manufacturing for Zero Waste Vehicle Parts CONSENT CALENDAR October 15, 2024

McNeilus Truck and Manufacturing is an authorized vendor of the City’s for purchasing parts for the body of Zero Waste vehicles, including the outer shell of the passenger cab and hopper. As such, City of Berkeley needs a vendor that can provide the appropriate parts to keep these vehicles in service and replace parts as they reach the end of their useful life.

The City has been a no cost member of Sourcewell, formerly the National Joint Powers Alliance (NJPA), and a municipal contracting agency operating under the legislative authority of Minnesota Statute 123A.21. The original 1978 statue was revised in 1995 to allow government clients to better meet their specific needs through participation in a service cooperative, rather than paying the higher cost associated with individual procurement. Sourcewell allows participating municipal agencies to leverage the benefits of cooperative purchasing and reduces procurement costs.

All Sourcewell contracts have been competitively solicited nationwide. On September 14, 2023, Sourcewell released Request for Proposal No. 110223 for Refuse Collection Vehicles with Related Equipment, Accessories, and Services. The solicitation was released for approximately fifty days and fifteen proposals were submitted. Upon their review, Sourcewell selected McNeilus Truck & Manufacturing as one of the most responsive proposers to meet the specifications, thusly awarding Contract No. 110223- MCN.

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

RATIONALE FOR RECOMMENDATION
This purchase order will allow Public Works Equipment Maintenance Department to continually maintain and repair the Zero Waste Department’s vehicles in a timely manner. This can prevent potential service interruptions or slowdowns in work performed by Zero Waste.

ALTERNATIVE ACTIONS CONSIDERED
If the City does not purchase from McNeilus Truck and Manufacturing, the City would need to purchase refuse vehicle body parts from another vendor. However, McNeilus is the manufacturer of these parts for several vehicles used by Zero Waste and has a Sourcewell agreement in place. Going with a different vendor would lead to increased purchasing expenses due to markups from third party vendors and cause potential delays in receiving parts needed for vehicle repairs.

CONTACT PERSON
Joy Brown, Operations Manager, Public Works, (510) 981-6629 Greg Ellington, Equipment Superintendent, Public Works, (510) 981-6469 Tucker Brofft, Senior Management Analyst, Public Works, (510) 981-5375

Purchase Order: McNeilus Truck and Manufacturing for Zero Waste Vehicle Parts CONSENT CALENDAR October 15, 2024

Attachment:
1: Resolution

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

PURCHASE ORDER: MCNEILUS TRUCK AND MANUFACTURING FOR ZERO

WASTE VEHICLE PARTS
WHEREAS, McNeilus Truck and Manufacturing (“McNeilus”) is a vendor for Zero Waste vehicle parts for the City of Berkeley Zero Waste refuse vehicles; and WHEREAS, the specialized product of McNeilus are needed for ongoing replacement, maintenance and repair of Zero Waste body vehicle parts; and WHEREAS, the Equipment Maintenance Division needs to be able to purchase the specific parts for Zero Waste vehicles to ensure its refuse vehicles are continually operational and are replaced once they reach the end of their useful life; and WHEREAS, on March 26, 2024, City Council authorized a purchase order extension through June 30, 2025 with McNeilus Truck and Manufacturing Company for Zero Waste truck parts for a total not-to-exceed amount of $200,000; and WHEREAS, Sourcewell bid procedures satisfy the procurement requirements of the City; and
WHEREAS, funding is available in the FY 2025 budget in Equipment Maintenance Fund 672, and funding will be requested in the FY 2026 and FY 2027 budgets though the annual budget process.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a purchase order satisfying bid requirements of the City of Berkeley allowing the City to participate in Sourcewell (formerly NJPA) bid procedures for McNeilus Truck and Manufacturing for purchase Zero Waste vehicle parts and services for the period October 1, 2024 to December 31, 2027 for an amount not to exceed $350,000.

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

CONSENT CALENDAR
October 15, 2024
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Terrance Davis, Director, Department of Public Works Subject: Grant Applications: Alameda County Transportation Commission Comprehensive Investment Plan 2026

RECOMMENDATION
Adopt two Resolutions authorizing the City Manager or their designee to:
 Submit grant applications to the Alameda County Transportation Commission for up to $4 million in Comprehensive Investment Plan (CIP) funding for the Adeline Street Transportation Improvement Project ($2 million), and Telegraph Complete Streets Corridor Project ($2 million), respectively;
 Accept the grants awarded; and
 Execute any resultant agreements and amendments.

FISCAL IMPACTS OF RECOMMENDATION
If awarded, the City would receive up to $4 million in grant funding from Alameda County Transportation Commission’s (Alameda CTC) Comprehensive Investment Plan (CIP) for the Adeline Street and Telegraph Avenue projects, starting in FY 2026.

The total cost of the projects is currently estimated not to exceed $4 million. As a share of the total project cost, capital projects have a required local match of 25% under the Alameda CTC CIP Program. Funding for the required local match not to exceed $1,000,000 would come from the Alameda County Transportation Sales Tax Measure BB Bicycle and Pedestrian Program Fund (Fund 135) and Local Streets and Roads Fund (Fund 134). Funding would be needed for projects between Fiscal Years 2027 2029. In the current five year Capital Improvement Plan (CIP) for FY 2025 – 2029, Measure BB Fund 134 and Fund 135 funding for has been fully allocated at this time. If awarded, staff will need to reprioritize projects in the next CIP development cycle to make matching funds available, with the result that some other yet to be identified projects may have to be delayed if these projects take precedence.

Alameda CTC CIP Grant Funding Requests and Matching Funds Adeline Street Transportation Improvements Project not to exceed $2,000,000 Telegraph Multimodal Corridor Project Corridor not to exceed $2,000,000 Total Grant Funding Request not to exceed $4,000,000 City Matching Funds Available not to exceed $1,000,000

Grant Applications: Alameda County Transportation Commission 2026 Capital Investment Program

CONSENT CALENDAR
October 15, 2024

CURRENT SITUATION AND ITS EFFECTS
The Adeline Street Transportation Improvements Project and Telegraph Avenue Multimodal Corridor Project will implement recommendations identified in the 2017 Berkeley Bike Plan, 2020 Berkeley Vision Zero Action Plan, 2021 Berkeley Pedestrian Plan, 2023 Berkeley Transit-First Policy Implementation Plan, the Berkeley Strategic Transportation (BeST) Plan, and the 2020 Adeline Corridor Specific Plan.

These projects were prioritized for this grant application because of transportation equity, traffic safety, and grant funding competitiveness. The Equity Priority Area and the High Injury Streets established in the Vision Zero Action Plan are used to prioritize grant applications. The Adeline Project is located in the Equity Priority Area, and both projects are located on High Injury Streets. Further, the Alameda CTC CIP funding prioritizes projects that enhance connectivity and gap closures on Alameda CTC’s Countywide Bicycle Network, address safety on high inmury streets, and directly benefit MTC designated Equity Priority Communities and other underserved communities.

These sections of Telegraph Ave. and Adeline St. both appear on Alameda CTC’s Countywide Bicycle Network. The Adeline Project is in an MTC-designated Equity Priority Community, as is the northmost portion of the Telegraph Project.

The City of Berkeley has previously been awarded Alameda CTC CIP 2022 and 2024 funding for the Preliminary Engineering (PE) phase of both projects, which includes conceptual design, public engagement, environmental clearance, and Council consideration of the preferred alternative for conceptual design. This report requests Council authorization to apply for funding for the next phase of detailed engineering design, which includes Plans, Specifications, and Estimates (PS&E) leading to construction drawings for project implementation.

Adeline Street Transportation Improvement Project (Adeline Project): Staff is requesting to apply for funding to complete detailed design and engineering (PS&E) for a redesign of Adeline St. between Martin Luther King Jr. Way (MLK) and the Oakland border (Adeline/Stanford/MLK/62nd St.). This project is expected to repurpose two of the existing four traffic lanes to create a new public pedestrian plaza and protected bikeways, along with upgraded traffic signal infrastructure and enhanced public transit operations on Adeline St. The project scope of work includes redesigning the intersections of Adeline St./MLK adjacent to the Ashby BART Station, and Adeline St./Stanford Ave. Conceptual design for Adeline St. adjacent to the Ashby BART Station were approved by City Council on November 29, 2022 (Resolution No. 70,622-N.S.).

The currently funded Preliminary Engineering phase began in 2024. Following robust public engagement processes, internal staff review, and input of the Transportation and Infrastructure Commission and other Berkeley commissions, staff anticipates bringing concept designs for this project to City Council for consideration in late 2026. If funded, PS&E is anticipated to initiate in 2027 and be complete by the end of 2028.

Grant Applications: Alameda County Transportation Commission 2026 Capital Investment Program

CONSENT CALENDAR
October 15, 2024

Telegraph Multimodal Corridor Project (Telegraph Project): Staff is requesting to apply for funding for detailed design and engineering (PS&E) for bicycle, pedestrian, and transit improvements on Telegraph Avenue between Dwight Way and Woolsey St. (Southern city limits), where the project will connect to the planned Upper Telegraph Complete Streets project in the City of Oakland. This project proposes upgrading the existing Class II bike lanes on Telegraph Ave. to protected bike lanes from Dwight Way to Ashby Ave., while filling-in the existing bikeway gap from Ashby Ave. to Woolsey St., and converting one vehicle lane in each direction to bus-only lanes with boarding islands to increase transit reliability and access.

The currently funded Preliminary Engineering phase of the project began in 2022 and was subsequently put on hold due to staff capacity issues. The project was restarted in 2024. Staff anticipates bringing concept designs to City Council for consideration in late 2025, following public engagement processes, internal City staff review, and the input of the Transportation and Infrastructure Commission and other Berkeley commissions.

The Adeline Project and the Telegraph Project are both Strategic Plan Priority Projects, advancing the Strategic Plan goal to provide state-of-the-art, well-maintained infrastructure, amenities, and facilities. The investments in improved bicycle and pedestrian infrastructure will enhance safety in equity zones.

BACKGROUND
Alameda County Transportation Commission’s (Alameda CTC) Comprehensive Investment Plan (CIP) is the mechanism by which Alameda CTC plans and programs federal, state, regional, and local transportation funding. The 2026 CIP will program a total of $100 million in funding across fiscal years 2025-26 through 2029-30, awarding grants in four project categories: Bicycle and/or pedestrian capital projects and programs, Complete streets capital and road improvement projects, Transit-related capital projects, and Shuttle and other program operations. Cities in Alameda County can submit up to three grant applications.

The Adeline and Telegraph Projects have been awarded funding for earlier project phases in previous CIP grant cycles. The Telegraph Project received $290,000 in funding for planning, scoping, preliminary engineering and environmental studies from the 2022 CIP grant. The Adeline Project has been awarded a total of $1,095,000 for preliminary engineering and environmental studies from the 2022 and 2024 CIP grants.

The improvements proposed in the Adeline and Telegraph Projects are the result of recommendations and priorities from the following Council-approved plans:

Adeline Street Transportation Improvements Project
 Vision Zero Action Plan (2020)
 Adeline Corridor Specific Plan (2020)

Grant Applications: Alameda County Transportation Commission 2026 Capital Investment Program

CONSENT CALENDAR
October 15, 2024

 Berkeley Pedestrian Plan (2021)
 Berkeley Strategic Transportation Plan (BeST Plan) Third Addendum (2022)  Berkeley Transit First Policy Implementation Plan (2023) Telegraph Avenue Multimodal Corridor
 Berkeley Bicycle Plan (2017)
 Vision Zero Action Plan (2020)
 Berkeley Transit First Policy Implementation Plan (2023)

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Installing transit improvements, protected bikeways, and upgrading pedestrian crossings through these two projects is anticipated to increase the numbers of people using transit, walking, and biking, which will improve traffic management and decrease greenhouse gas emissions. This is consistent with the 2009 Climate Action Policy that calls for expanding and improving the City’s bicycle and pedestrian infrastructure. The 2009 Climate Action Plan sets targets of reducing transportation emissions 33% below year 2000 levels by 2020, and 80% below year 2000 levels by 2050. The Plan further states that transportation modes such as public transit, walking, and bicycling must become the primary means of fulfilling the City’s mobility needs in order to meet those targets.

RATIONALE FOR RECOMMENDATION
Alameda CTC CIP funding will allow the City to address critical local and regional transportation infrastructure gaps for all modes of travel. These projects were identified using criteria drawn directly from adopted City plans and reports which underwent extensive public review prior to Council adoption. These projects have received Alameda CTC funding for earlier phases of design and planning; however, the City currently lacks sufficient funding to complete engineering and construction of these projects. As such, applying for and receiving Alameda CTC CIP funding, for which these projects are eligible, would help close the funding gaps for these projects. Not approving the application would mean foregoing up to $4,000,000 in potential grant funding.

ALTERNATIVE ACTIONS CONSIDERED
The City could choose not to apply for these funds. However, no alternative funding has been identified to complete these key traffic safety and sustainability projects.

CONTACT PERSON
Wahid Amiri, Deputy Director, Public Works 510-981-6396 Hamid Mostowfi, Transportation Manager, Public Works 510-981-6403 Eric Anderson, Principal Planner, Public Works 510-981-7062 ATTACHMENTS:
1: Resolution: Adeline Street Transportation Improvements Project Application 2: Resolution: Telegraph Multimodal Corridor Application

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

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF BERKELEY

AUTHORIZING THE FILING OF AN APPLICATION FOR ALAMEDA COUNTY

TRANSPORTATION COMMISSION ADMINISTERED FUNDING FOR THE ADELINE

STREET TRANSPORTATION IMPROVEMENT PROJECT AND COMMITTING ANY

NECESSARY MATCHING FUNDS AND STATING ASSURANCES TO COMPLETE

THE PROJECT
WHEREAS, the Alameda County Transportation Commission (“ALAMEDA CTC”) administers funding programs for projects and programs that benefit the Alameda County transportation system, consisting of 2000 Measure B, 2010 Vehicle Registration Fee (“VRF”), 2014 Measure BB, Congestion Management Agency Transportation Improvement Program (CMA-TIP), and Transportation Fund for Clean Air Programs, and such funding is collectively defined as and shall be referenced herein as the “ALAMEDA CTC ADMINISTERED FUNDS”; and
WHEREAS, the ALAMEDA CTC adopted 2026 Comprehensive Investment Plan (“CIP”) Guidelines at its Commission meeting on May 23, 2024 which includes procedures governing the 2026 CIP application process, programming guidelines, and eligible uses of ALAMEDA CTC ADMINISTERED FUNDS;
WHEREAS, the City of Berkeley (“APPLICANT”) is the project sponsor for the Adeline Street Transportation Improvements Project (“PROJECT”)].

WHEREAS, the PROJECT will implement a redesign of Adeline Street, between Martin Luther King Jr. Way (MLK) and the Oakland border at Adeline/Stanford/MLK/62nd Street. The Project is expected to repurpose two of the existing four traffic lanes to create a new public pedestrian plaza and protected bikeways, along with upgraded traffic signal infrastructure and enhanced public transit operations on Adeline Street.

The project scope of work includes redesigning the intersections of Adeline/MLK adjacent to Ashby BART, and Adeline/Stanford; and
WHEREAS, as the Project Sponsor, APPLICANT has the legal authority to apply for funding for PROJECT and plans to submit a 2026 CIP application (“APPLICATION”) to ALAMEDA CTC for up to $2,000,000.

WHEREAS, there are no legal impediments to APPLICANT applying for funding and there is no active, pending or threatened litigation that may adversely affect the proposed PROJECT or the ability of APPLICANT to deliver such PROJECT; and

WHEREAS, APPLICANT authorizes its City Manager or designee to execute and file an application with ALAMEDA CTC for discretionary ALAMEDA CTC ADMINISTERED FUNDS for the PROJECT as referenced in this Resolution; and
WHEREAS, as part of the requirements to apply and receive ALAMEDA CTC ADMINISTERED FUNDS, ALAMEDA CTC requires a resolution adopted by the responsible implementing agency stating the following:

1. APPLICANT will implement the PROJECT as described in the APPLICATION; and

2. APPLICANT will have adequate staffing resources to deliver and complete the PROJECT within the time period identified in the APPLICATION; and

3. APPLICANT understands it will enter into a Project Funding Agreement (“AGREEMENT”) with ALAMEDA CTC, and will comply with the AGREEMENT ’s requirements, including adherence to the agreed upon project scope, project delivery milestones, funding deadlines, project reporting and deliverable deadlines; and

4. APPLICANT is committed to deliver the PROJECT consistently with the Commission approved CIP Programming Guidelines and CIP policies, as they may change, for the funds awarded by the Commission to the PROJECT; and

5. APPLICANT is committed to secure matching funds as proposed in the APPLICATION required for awarded ALAMEDA CTC ADMINISTERED FUNDS, by phase; and

6. APPLICANT is committed to provide any additional funding that may be required beyond the original proposed APPLICATION match amount to deliver the phase of the PROJECT that is awarded with ALAMEDA CTC ADMINISTERED FUNDS; and

7. APPLICANT understands that ALAMEDA CTC ADMINISTERED FUNDS awarded to the PROJECT is limited to the Commission approved programmed amount by phase, and therefore any cost increases or unexpected funding shortfalls cannot be expected to be funded by shifting funds between phases, or by requesting additional ALAMEDA CTC ADMINISTERED FUNDS; and

8. APPLICANT understands that any cost savings in the ALAMEDA CTC-funded phase(s) will be shared proportionally between APPLICANT and ALAMEDA CTC; and

9. APPLICANT is committed to comply with the applicable requirements set forth in ALAMEDA CTC’s Local Business Contract Equity (“LBCE”) Program and related exhibits, as applicable, for professional services and construction contracts

funded with Measure B, Measure BB, and/or VRF funds, such as including LBCE Program goal(s) and provisions in applicable solicitations and resulting contracts, providing timely notification to ALAMEDA CTC of applicable solicitations prior to advertisement, and adhering to reporting requirements.

NOW, THEREFORE, BE IT RESOLVED that APPLICANT is authorized to file an APPLICATION to ALAMEDA CTC for funding for the PROJECT; and be it further RESOLVED that APPLICANT hereby confirms that there is no pending or threatened litigation that might in any way adversely affect APPLICANT’s ability to implement and deliver the proposed PROJECT; and be it further
RESOLVED that APPLICANT authorizes its City Manager or designee to execute the funding AGREEMENT with ALAMEDA CTC; and be it further
RESOLVED that APPLICANT shall provide ALAMEDA CTC with a fully-executed copy of this Resolution concurrently with submittal of the APPLICATION; and be it further RESOLVED that the City Council of APPLICANT, by adopting this resolution, hereby confirms that:

1. APPLICANT will commit to implementing the PROJECT as described in the APPLICATION; and

2. APPLICANT will have adequate staffing resources to deliver and complete the PROJECT within the time period identified in the application; and

3. APPLICANT understands it will enter into an A GREEMENT with ALAMEDA CTC, and will comply with the AGREEMENT ’s requirements, including adherence to the completion of the agreed upon project scope, project delivery milestones, funding deadlines, project reporting and deliverable deadlines; and

4. APPLICANT commits to delivering the PROJECT consistently with the Commission approved CIP Programming Guidelines and CIP policies, as they may change, for the funds awarded by the Commission to the PROJECT; and

5. APPLICANT will commit matching funds as proposed in the APPLICATION against the awarded ALAMEDA CTC ADMINISTERED FUNDS by phase in the amount of up to $500,000 for Detailed Engineering Design, anticipated to be from Alameda County Measure BB Transportation Sales Tax direct local

distribution; and

6. APPLICANT will provide any additional funding that may be required beyond the original proposed APPLICATION match amount to deliver the phase of the PROJECT that is awarded with ALAMEDA CTC ADMINISTERED FUNDS; and

7. APPLICANT understands that A LAMEDA CTC ADMINISTERED FUNDS awarded to the PROJECT are limited to the Commission approved programmed amount by phase, and therefore any cost increases or unexpected funding shortfalls cannot be expected to be funded by shifting funds between phases, or by requesting additional ALAMEDA CTC ADMINISTERED FUNDS; and

8. APPLICANT understands that any cost savings in the ALAMEDA CTC-funded phase(s) will be shared proportionally between APPLICANT and ALAMEDA CTC; and

9. APPLICANT will comply with the applicable requirements set forth in ALAMEDA CTC’s Local Business Contract Equity (“LBCE”) Program and related exhibits, as applicable, for professional services and construction contracts funded with Measure B, Measure BB, and/or VRF funds, such as including LBCE Program goal(s) and provisions in applicable solicitations and resulting contracts, providing timely notification to ALAMEDA CTC of applicable solicitations prior to advertisement, and adhering to reporting requirements.

Duly passed and adopted by the City of Berkeley at the Berkeley City Council meeting held on Tuesday, October 15, 2024 in Berkeley, California by the following votes:

AYES: NOES: ABSTAIN: ABSENT:

SIGNED:
_______________________________
Jesse Arreguin, Mayor
ATTEST:
______________________________
Mark Numainville, City Clerk

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

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF BERKELEY

AUTHORIZING THE FILING OF AN APPLICATION FOR ALAMEDA COUNTY

TRANSPORTATION COMMISSION ADMINISTERED FUNDING FOR THE

TELEGRAPH MULTIMODAL CORRIDOR PROJECT AND COMMITTING ANY

NECESSARY MATCHING FUNDS AND STATING ASSURANCES TO COMPLETE

THE PROJECT
WHEREAS, the Alameda County Transportation Commission (“ALAMEDA CTC”) administers funding programs for projects and programs that benefit the Alameda County transportation system, consisting of 2000 Measure B, 2010 Vehicle Registration Fee (“VRF”), 2014 Measure BB, Congestion Management Agency Transportation Improvement Program (CMA-TIP), and Transportation Fund for Clean Air Programs, and such funding is collectively defined as and shall be referenced herein as the “ALAMEDA CTC ADMINISTERED FUNDS”; and
WHEREAS, the ALAMEDA CTC adopted 2026 Comprehensive Investment Plan (“CIP”) Guidelines at its Commission meeting on May 23, 2024 which includes procedures governing the 2026 CIP application process, programming guidelines, and eligible uses of ALAMEDA CTC ADMINISTERED FUNDS;
WHEREAS, the City of Berkeley (“APPLICANT”) is the project sponsor for the Telegraph Multimodal Corridor Project (“PROJECT”)].

WHEREAS, the PROJECT will develop and implement detailed engineering plans for bikeway, pedestrian crossing, and transit improvements such as bus boarding islands and bus-only lanes on Telegraph Avenue between Dwight Way and Woolsey Street.

The Project proposes a road diet to upgrade the existing Class II bike lanes to Class IV protected bike lanes, convert one travel lane to a bus-only lane, and retain one standard travel lane in each direction. The scope of work includes the redesign of the Dwight Triangle to improve pedestrian and transit access to Telegraph Avenue; and WHEREAS, as the Project Sponsor, APPLICANT has the legal authority to apply for funding for PROJECT and plans to submit a 2026 CIP application (“APPLICATION”) to ALAMEDA CTC for UP TO $2,000,000.

WHEREAS, there are no legal impediments to APPLICANT applying for funding and there is no active, pending or threatened litigation that may adversely affect the proposed PROJECT or the ability of APPLICANT to deliver such PROJECT; and

WHEREAS, APPLICANT authorizes its City Manager or designee to execute and file an application with ALAMEDA CTC for discretionary ALAMEDA CTC ADMINISTERED FUNDS for the PROJECT as referenced in this Resolution; and
WHEREAS, as part of the requirements to apply and receive ALAMEDA CTC ADMINISTERED FUNDS, ALAMEDA CTC requires a resolution adopted by the responsible implementing agency stating the following:

1. APPLICANT will implement the PROJECT as described in the APPLICATION; and

2. APPLICANT will have adequate staffing resources to deliver and complete the PROJECT within the time period identified in the APPLICATION; and

3. APPLICANT understands it will enter into a Project Funding Agreement (“AGREEMENT”) with ALAMEDA CTC, and will comply with the AGREEMENT ’s requirements, including adherence to the agreed upon project scope, project delivery milestones, funding deadlines, project reporting and deliverable deadlines; and

4. APPLICANT is committed to deliver the P ROJECT consistently with the Commission approved CIP Programming Guidelines and CIP policies, as they may change, for the funds awarded by the Commission to the PROJECT; and

5. APPLICANT is committed to secure matching funds as proposed in the APPLICATION required for awarded ALAMEDA CTC ADMINISTERED FUNDS, by phase; and

6. APPLICANT is committed to provide any additional funding that may be required beyond the original proposed APPLICATION match amount to deliver the phase of the PROJECT that is awarded with ALAMEDA CTC ADMINISTERED FUNDS; and

7. APPLICANT understands that A LAMEDA CTC ADMINISTERED FUNDS awarded to the PROJECT is limited to the Commission approved programmed amount by phase, and therefore any cost increases or unexpected funding shortfalls cannot be expected to be funded by shifting funds between phases, or by requesting additional ALAMEDA CTC ADMINISTERED FUNDS; and

8. APPLICANT understands that any cost savings in the ALAMEDA CTC-funded phase(s) will be shared proportionally between APPLICANT and ALAMEDA CTC; and

9. APPLICANT is committed to comply with the applicable requirements set forth in ALAMEDA CTC’s Local Business Contract Equity (“LBCE”) Program and related exhibits, as applicable, for professional services and construction contracts

funded with Measure B, Measure BB, and/or VRF funds, such as including LBCE Program goal(s) and provisions in applicable solicitations and resulting contracts, providing timely notification to ALAMEDA CTC of applicable solicitations prior to advertisement, and adhering to reporting requirements.

NOW, THEREFORE, BE IT RESOLVED that APPLICANT is authorized to file an APPLICATION to ALAMEDA CTC for funding for the PROJECT; and be it further RESOLVED that APPLICANT hereby confirms that there is no pending or threatened litigation that might in any way adversely affect APPLICANT’s ability to implement and deliver the proposed PROJECT; and be it further
RESOLVED that APPLICANT authorizes its City Manager or designee to execute the funding AGREEMENT with ALAMEDA CTC; and be it further
RESOLVED that APPLICANT shall provide ALAMEDA CTC with a fully-executed copy of this Resolution concurrently with submittal of the APPLICATION; and be it further RESOLVED that the City Council of APPLICANT, by adopting this resolution, hereby confirms that:

1. APPLICANT will commit to implementing the PROJECT as described in the APPLICATION; and

2. APPLICANT will have adequate staffing resources to deliver and complete the PROJECT within the time period identified in the application; and

3. APPLICANT understands it will enter into an A GREEMENT with ALAMEDA CTC, and will comply with the AGREEMENT ’s requirements, including adherence to the completion of the agreed upon project scope, project delivery milestones, funding deadlines, project reporting and deliverable deadlines; and

4. APPLICANT commits to delivering the PROJECT consistently with the Commission approved CIP Programming Guidelines and CIP policies, as they may change, for the funds awarded by the Commission to the PROJECT; and

5. APPLICANT will commit matching funds as proposed in the APPLICATION against the awarded ALAMEDA CTC ADMINISTERED FUNDS by phase in the amount of up to $500,000 for Detailed Engineering Design, anticipated to be from Alameda County Measure BB Transportation Sales Tax direct local

distribution; and

6. APPLICANT will provide any additional funding that may be required beyond the original proposed APPLICATION match amount to deliver the phase of the PROJECT that is awarded with ALAMEDA CTC ADMINISTERED FUNDS; and

7. APPLICANT understands that A LAMEDA CTC ADMINISTERED FUNDS awarded to the PROJECT are limited to the Commission approved programmed amount by phase, and therefore any cost increases or unexpected funding shortfalls cannot be expected to be funded by shifting funds between phases, or by requesting additional ALAMEDA CTC ADMINISTERED FUNDS; and

8. APPLICANT understands that any cost savings in the ALAMEDA CTC-funded phase(s) will be shared proportionally between APPLICANT and ALAMEDA CTC; and

9. APPLICANT will comply with the applicable requirements set forth in ALAMEDA CTC’s Local Business Contract Equity (“LBCE”) Program and related exhibits, as applicable, for professional services and construction contracts funded with Measure B, Measure BB, and/or VRF funds, such as including LBCE Program goal(s) and provisions in applicable solicitations and resulting contracts, providing timely notification to ALAMEDA CTC of applicable solicitations prior to advertisement, and adhering to reporting requirements.

Duly passed and adopted by the City of Berkeley at the City Council meeting held on Tuesday, October 15, 2024 in Berkeley, California by the following votes:

AYES: NOES: ABSTAIN: ABSENT:

SIGNED:
_______________________________
Jesse Arreguin, Mayor
ATTEST:
______________________________
Mark Numainville, 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
October 15, 2024
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Terrance Davis, Director of Public Works Subject: Purchase Order: Golden State Emergency Vehicle for Fire Vehicle Parts and Repairs

RECOMMENDATION
Adopt a Resolution satisfying bid requirements of the City allowing the City to participate in Sourcewell (formerly NJPA) contract bid procedures, authorizing the City Manager to execute a purchase order with Golden State Emergency Vehicle for the purchase and repairs of fire vehicle parts for the period October 1, 2024 to December 31, 2027 for an amount not to exceed $1,300,000.

FISCAL IMPACTS OF RECOMMENDATION
Funding in the amount of $500,000 is available for FY 2025 in the baseline Public Works budget in Equipment Maintenance 672 Fund. Additional funding will be made available and appropriated as needed in future fiscal year budgets.

CURRENT SITUATION AND ITS EFFECTS
Golden State Emergency Vehicle is the City’s vendor for parts for Pierce Manufacturing produced fire vehicles used by the City’s Fire Department. This includes fire engines, ladder trucks, tiller trucks and hazmat trucks used by the Fire Department for their public safety work. The City also uses Golden State Emergency Vehicle for repairs of these vehicles as City facilities are not equipped to perform these types of repairs.

Pierce parts and repairs will be purchased from Golden State utilizing Sourcewell Contract No. 113021-OKC. Golden State is the exclusive Pierce dealer for the Northern California territory including the City and is authorized to provide parts and service.

This work will support the City’s Strategic Plan Goal to provide state-of-the-art, well- maintained infrastructure, amenities, and facilities.

BACKGROUND
Berkeley’s Fire Department uses several specialized vehicles to perform their duties and respond to public safety issues. These vehicles are essential vehicles for the Fire

Purchase order: Golden State Emergency Vehicle for Fire Vehicle Parts and Repairs CONSENT CALENDAR October 15, 2024

Department and given the size, weight and complexity of these parts, the City is unable to repair them internally.

Golden State Emergency Vehicle is the city’s current authorized vendor for purchasing parts for and repairing these vehicles. Golden State is the exclusive distributor in Northern California of parts and repairs for vehicles produced by Pierce Manufacturing, who is the manufacturer of the specialized vehicles used by the Fire Department. As such, City of Berkeley needs a vendor that can provide the appropriate parts and repairs to keep these fire vehicles in service and replace parts as they reach the end of their useful life.

The city has been a no cost member of Sourcewell, formerly the National Joint Powers Alliance (NJPA), and a municipal contracting agency operating under the legislative authority of Minnesota Statute 123A.21. The original 1978 statue was revised in 1995 to allow government clients to better meet their specific needs through participation in a service cooperative, rather than paying the higher cost associated with individual procurement. Sourcewell allows participating municipal agencies to leverage the benefits of cooperative purchasing and reduces procurement costs.

All Sourcewell contracts have been competitively solicited nationwide. On October 12, 2021, Sourcewell released Request for Proposal No. 113021 for Firefighting Apparatus and Fire Service Vehicles. The solicitation was released for approximately forty-nine days and thirty-three proposals were submitted. Upon their review, Sourcewell selected Pierce Manufacturing as one of the most responsive proposers to meet the specifications, thusly awarding Contract No. 113021-OKC.

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

RATIONALE FOR RECOMMENDATION
This purchase order will allow Public Works Equipment Maintenance Department to continually maintain and repair Fire Department vehicles in a timely manner. This can prevent potential service interruptions that could impact the response time by the Fire Department when responding to public safety problems.

ALTERNATIVE ACTIONS CONSIDERED
If the City does not purchase from Golden State Emergency Vehicle, the City would need to purchase and repair heavy-duty vehicles from another vendor. However, Golden State is the exclusive dealer, distributor and repairer of parts for Pierce Manufacturing in California and the City’s fire vehicles are from Pierce Manufacturing.

Going with a different vendor would lead to increased purchasing expenses and delays in vehicle repairs due to having to ship equipment to vendors out of state.

Purchase order: Golden State Emergency Vehicle for Fire Vehicle Parts and Repairs CONSENT CALENDAR October 15, 2024

CONTACT PERSON
Joy Brown, Operations Manager, Public Works, (510) 981-6629 Greg Ellington, Equipment Superintendent, Public Works, (510) 981-6469 Tucker Brofft, Senior Management Analyst, Public Works, (510) 981-5375 Attachment:
1: Resolution

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

PURCHASE ORDER: GOLDEN STATE EMERGENCY VEHICLE FOR FIRE VEHICLE

PARTS AND REPAIR
WHEREAS, Golden State Emergency Vehicle (“Golden State”) is the vendor for Fire Department vehicle parts and provides repairs to these vehicles; and WHEREAS, the specialized product and service of Golden State are needed for ongoing replacement, maintenance and repair of fire vehicle parts; and WHEREAS, the Equipment Maintenance Division needs to be able to purchase the specific parts for fire vehicles and provide repairs that staff are not able to perform to ensure the City’s fire vehicles are continually operational and are replaced once they reach the end of their useful life; and
WHEREAS, on March 26, 2024 City Council authorized a purchase order extension through June 30, 2025 with Golden State Emergency Vehicle for fire vehicle parts and repair for a total not-to-exceed amount of $800,437.50; and WHEREAS, Sourcewell bid procedures satisfy the procurement requirements of the City; and
WHEREAS, funding is available in the FY 2025 budget in Equipment Maintenance Fund 672, and funding will be requested in the FY 2026 and FY 2027 budgets though the annual budget process;
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a purchase order satisfying bid requirements of the City of Berkeley allowing the City to participate in Sourcewell (formerly NJPA) bid procedures for Golden State Emergency Vehicle for purchase and repair of fire vehicle parts for the period October 1, 2024 to December 31, 2027 for an amount not to exceed $1,300,000.

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

CONSENT CALENDAR
October 15, 2024
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Terrance Davis, Director, Department of Public Works Subject: Purchase Order: Nicholas K Corp dba the Ford Store San Leandro for two 2024 Ford T350 E Transit Vans

RECOMMENDATION
Adopt a Resolution satisfying the requirements of City Charter allowing the City Manager to participate in Alameda County GSA Master Contract No. 901979 and authorize the City Manager to execute a purchase order for two 2024 Ford T350 E Transit Vans with Nicholas K Corp dba the Ford Store San Leandro in an amount not to exceed $165,500.00.

FISCAL IMPACTS OF RECOMMENDATION
The cost of two 2024 Ford T350 E Transit Vans will not exceed $165,500.00 and includes upfitting, CA tire fees, delivery to the City, and sales tax. Funding for the purchase of these vehicles is available in the FY 2025 Equipment Replacement (Fund 671) baseline budget. Sufficient funding has been contributed to the Equipment Replacement Fund towards the replacement of two current vehicles reaching the end of their useful life. These vehicles are eligible for Hybrid and Zero-Emission Truck and Bus Voucher Incentive Project which will provide a discount of approximately $7,500 per van at the time of purchase.

CURRENT SITUATION AND ITS EFFECTS
Five vans in the Public Works Meter Maintenance Division are approaching the end of their useful life. The Department plans to replace all five with electric vans in the next six months with staggered delivery due to the lack of charging infrastructure for these vehicles at the Corporation Yard. This purchase of two 2024 Ford T350 E Transit Vans will replace two of the afore mentioned five units that have reached the end of their useful life. The replacement vehicles are needed by the City’s Public Works Department Facilities Division and Transportation Meter Maintenance Division in their work to provide well maintained facilities and patrolling residential, business, and parking permitted locations within the City to ensure adherence to local regulation and state vehicle code laws. The two vehicles being replaced are gas model vans from 2013.

This purchase will support the City’s Strategic Plan Priority of advancing our goal to provide state-of-the-art, well-maintained infrastructure, amenities, and facilities.

Purchase Order: Nicholas K Corp dba the CONSENT CALENDAR Ford Store San Leandro for Two 2024 Ford E T350 Transit Vans October 15, 2024

BACKGROUND
Throughout the year, each City Department pays its proportionate share into the Equipment Replacement Fund, and those funds are utilized to replace equipment at the end of its useful life. If a vehicle request exceeds $100,000 the Department of Finance- General Services Division solicits bids or piggybacks off competitively bid contracts to ensure City Departments receive the best pricing.

On June 16, 2021, the County of Alameda General Services Agency released Request for Quotation (RFQ) No. 901979 for Vehicle Purchase. RFQ No. 901979 language required that the award goes to the qualified bidder with the lowest markup over the triple-net dealer invoice price. Triple-net is the dealer’s actual cost of the vehicles after all discounts, rebates, and deductions are applied.

On July 27, 2021, one bid was received and upon review by the evaluation committee, Nicholas K Corp dba the Ford Store San Leandro was determined to be a responsive responsible bidder and was awarded County of Alameda Purchase Order Contract (Master Contract No. 901979). The County of Alameda’s bid procedure satisfies the procurement requirements of the City. The term of the Agreement between the County of Alameda and the Nicholas K Corp dba the Ford Store San Leandro is October 1, 2021 through September 30, 2024.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
With this purchase, the Public Works Facilities Division and the Transportation Meter Maintenance Division staff are replacing two model year 2013 gas powered transit vans with new electric vans. This purchase satisfies the State of California Advanced Clean Fleet (ACF) Regulation requiring fleets to transition to zero emissions vehicles to protect the public health and welfare.

RATIONALE FOR RECOMMENDATION
Public Works Department Facilities Division and the Transportation Meter Maintenance Division vehicles must be replaced on a reasonable schedule to ensure employees can safely, effectively and efficiently carry out their duties. These purchases support compliance with City and State vehicle electrification requirements.

ALTERNATIVE ACTIONS CONSIDERED
None. Listed vehicles have reached the end of their useful life.

CONTACT PERSON
Greg Ellington, Superintendent, Public Works, (510) 981-6469 Joy Brown, Operations Manager, Public Works, (510) 981-6629 Tucker Brofft, Senior Management Analyst, Public Works, (510) 981-5375 Sara Rubio, Associate Management Analyst, Public Works, (510) 981-5372

Purchase Order: Nicholas K Corp dba the CONSENT CALENDAR Ford Store San Leandro for Two 2024 Ford E T350 Transit Vans October 15, 2024

Attachment:
1: Resolution

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

PURCHASE ORDER: NICHOLAS K CORP DBA THE FORD STORE SAN LEANDRO FOR TWO (2) 2024 FORD T350 E TRANSIT VANS
WHEREAS, two E Transit Vans are needed by the Public Works Department to replace existing vehicles that have reached the end of their useful life; and WHEREAS, vehicles must be replaced on a reasonable schedule that allows City employees to efficiently and effectively carry out their duties; and WHEREAS, the E Transit Van is the preferred Public Works Department vehicle for many cities because of its capacity to hold and transport equipment; and WHEREAS, the County of Alameda General Services Agency bid procedures satisfy the procurement requirements of the City of Berkeley; and
WHEREAS, funding in the amount of $165,000.00 is available in the FY 2025 Equipment Replacement Fund 671; and
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a purchase order satisfying requirements of City Charter allowing the City to participate in County of Alameda General Services Agency bid procedures for two 2024 Ford T350 E Transit Vans with Nicholas K Corp dba the Ford Store of San Leandro in an amount not to exceed $165,000.00.

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
October 15, 2024
To: Honorable Mayor and Members of the City Council
From: LaTanya Bellow, Interim City Manager
Submitted by: Terrance Davis, Director of Public Works
Subject: Purchase Order: Pape Machinery, Inc. for Heavy Equipment Parts and Repairs

RECOMMENDATION
Adopt a Resolution satisfying bid requirements of the City of Berkeley allowing the City to participate in Sourcewell (formerly NJPA) contract bid procedures, authorizing the City Manager to execute a purchase order with Pape Machinery, Inc. for the purchase and repairs of heavy equipment parts for the period October 1, 2024 to December 31, 2027 for an amount not to exceed $1,000,000.

FISCAL IMPACTS OF RECOMMENDATION
Funding in the amount of $350,000 is available for FY 2025 in the baseline Public Works budget in Equipment Maintenance 672 Fund pending the approval of the first amendment to the Annual Appropriations Ordinance (AAO1). Additional funding will be made available and appropriated as needed in future fiscal year budgets.

CURRENT SITUATION AND ITS EFFECTS
Pape Machinery, Inc., is the City of Berkeley’s vendor for heavy equipment parts for heavy-duty construction vehicles manufactured by John Deere. This includes bulldozers, loaders, backhoes and other vehicles. These vehicles support the work of Public Work’s Zero Waste, Equipment Maintenance and Streets & Utilities Divisions.

The City also uses Pape for repairs of this equipment as City facilities are not equipped to perform these types of repairs.

John Deere heavy equipment parts and repairs will be purchased from Pape utilizing Sourcewell Contract No. 011723-JDC. Pape is the exclusive John Deere dealer for the Northern California territory including the City of Berkeley and is authorized to provide parts and service.

This work will support the City’s Strategic Plan Goal to provide state-of-the-art, well- maintained infrastructure, amenities, and facilities.

Purchase Order: Pape Machinery, Inc. for Heavy Equipment Parts and Repairs CONSENT CALENDAR October 15, 2024

BACKGROUND
City’s Public Works Department uses heavy-duty vehicles for many of its projects. This equipment is used to move waste at the transfer station, remove illegal dumping debris, transport materials and support street repair projects. These vehicles are essential vehicles for Public Works and given the size, weight and complexity of the heavy equipment parts, the City is unable to repair them internally.

Pape is the City’s current vendor for purchasing and repairing these parts. They are also an authorized distributor of parts and repairs for John Deere manufactured vehicles, which are the vehicles the City uses. As such, the City needs a vendor that can provide the appropriate parts and repairs to keep these heavy-duty vehicles in service and replace parts as they reach the end of their useful life.

The City of Berkeley has been a no cost member of Sourcewell, formerly the National Joint Powers Alliance (NJPA), and a municipal contracting agency operating under the legislative authority of Minnesota Statute 123A.21. The original 1978 statue was revised in 1995 to allow government clients to better meet their specific needs through participation in a service cooperative, rather than paying the higher cost associated with individual procurement. Sourcewell allows participating municipal agencies to leverage the benefits of cooperative purchasing and reduces procurement costs.

All Sourcewell contracts have been competitively solicited nationwide. On November 15, 2022, Sourcewell released Request for Proposal No. 011723 for Heavy Construction Equipment with Related Attachments and Technology. The solicitation was released for approximately sixty-three days and eighteen proposals were submitted.

Upon their review, Sourcewell selected John Deere Shared Services, LLC as one of the most responsive proposers to meet the specifications, thusly awarding Contract No. 011723-JDC.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental or climate impacts with this action aside from ensuring vehicles are in their best operating condition.

RATIONALE FOR RECOMMENDATION
This purchase order will allow Public Works Equipment Maintenance Department to continually maintain and repair the city’s heavy-duty vehicles in a timely manner and prevent potential service interruptions.

ALTERNATIVE ACTIONS CONSIDERED
If the City does not purchase from Pape, the City would need to purchase and repair heavy-duty equipment from another vendor. However, Pape is the exclusive dealer and distributor of heavy equipment parts for John Deere in the Bay Area and the City’s heavy-duty vehicles are from John Deere. Going with a different vendor would lead to increased purchasing expenses and delays in vehicle repairs due to having to ship equipment to vendors farther away than Pape.

Purchase Order: Pape Machinery, Inc. for Heavy Equipment Parts and Repairs CONSENT CALENDAR October 15, 2024

CONTACT PERSON
Joy Brown, Operations Manager, Public Works, (510) 981-6629 Greg Ellington, Equipment Superintendent, Public Works, (510) 981-6469 Tucker Brofft, Senior Management Analyst, Public Works, (510) 981-5375 Attachment:
1: Resolution

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

PURCHASE ORDER: PAPE MACHINERY, INC. FOR HEAVY EQUIPMENT PARTS

AND REPAIRS
WHEREAS, Pape Machinery, Inc (“Pape”) is the manufacturer of the heavy equipment parts and provides repairs for the City of Berkeley heavy-duty vehicles; and WHEREAS, the specialized product and service of Pape are needed for ongoing replacement, maintenance and repair of heavy equipment parts; and WHEREAS, the Equipment Maintenance Division needs to be able to purchase the specific parts for the heavy equipment and provide repairs that staff are not able to perform to ensure the City’s heavy-duty vehicles are continually operational and are replaced once they reach the end of their useful life; and WHEREAS, on March 26, 2024, City Council authorized a purchase order extension through June 30, 2025 with Pape Machinery, Inc. for heavy equipment parts and repair for a total not-to-exceed amount of $666,697.50; and
WHEREAS, Sourcewell bid procedures satisfy the procurement requirements of the City of Berkeley; and
WHEREAS, funding is available in the FY 2025 budget in Equipment Maintenance Fund 672 pending the approval of the first amendment to the Annual Appropriations Ordinance (AAO1), and funding will be requested in the FY 2026 and FY 2027 budgets though the annual budget process.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a purchase order satisfying bid requirements of the City of Berkeley allowing the City to participate in Sourcewell (formerly NJPA) bid procedures for Pape Machinery, Inc. for purchase and repairs of heavy equipment parts for the period October 1, 2024 to June 30, 2027 for an amount not to exceed $1,000,000.

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

CONSENT CALENDAR
October 15, 2024
To: Honorable Mayor and Members of the City Council
From: Parks, Recreation and Waterfront Commission
Submitted by: Claudia Kawczynska, Chairperson
Subject: Councilmember Taplin’s Referral regarding Cal Sailing Club’s six historic J-Dock berths

RECOMMENDATION
Recommend that Council adopt a resolution designating Cal Sailing Club’s six historic J- Dock berths for safety training for boating activities, community service, and recreational education uses, and directing the City Manager to retain the six slips for Cal Sailing Club (CSC) to use for nonprofit sailing instruction programs and to be reviewed every four years.

FINANCIAL IMPLICATIONS
None

CURRENT SITUATION AND ITS EFFECTS
At a regular meeting of the Parks, Recreation, and Waterfront Commission, after hearing public comment, the commission took action to recommend that Council adopt a resolution designating Cal Sailing Club’s six historic J-Dock berths for safety training for boating activities, community service, and recreational education uses, and directing the City Manager to retain the six slips for Cal Sailing Club (CSC) to use for nonprofit sailing instruction programs and to be reviewed every four years. M/S/C (Abshez/Hurtado/U); Ayes: Abshez; Bell; Hurtado; Kawczynska; Ranuzzi; Wozniak; Diehm; Noe: None; Absent:

Cox.

BACKGROUND
On May 1, 2024, the Berkeley City Council Agenda & Rules Committee took action to refer Item 26. J-Dock Uses (Taplin) to the Parks, Recreation & Waterfront Commission for consideration. Item 26 can be viewed at the following link:
https://berkeleyca.gov/sites/default/files/legislative-body-meeting-attachments/5-14- 24%20TT%20J-Dock%20Resolution%20APRIL%2 0REVISED-2.pdf

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
No negative environmental impacts were identified as a result of this recommendation.

Councilmember Taplin’s Referral to designate Cal Sailing Club’s six slips at CONSENT CALENDAR J-Dock for their use for nonprofit sailing instruction October 15, 2024

RATIONALE FOR RECOMMENDATION
We concur with Councilmember Taplin’s report that supports the designation of Cal Sailing Club’s six slips at J-Dock for their use for nonprofit sailing instruction programs to be reviewed every four years.

ALTERNATIVE ACTIONS CONSIDERED
None

CITY MANAGER
The City Manager concurs with the recommendation and supports the inclusion of a $35,000 budget referral to the Marina fund given the significant deficit in that fund.

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

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

CAL SAILING CLUB’S SIX HISTORIC J-DOCK BERTHS
WHEREAS, the Berkeley Marina is a treasured public facility, developed as the Berkeley Yacht Harbor in the 1930s by the Works Progress Administration, which provides recreational opportunities for residents and visitors of all ages, abilities, and backgrounds; and
WHEREAS, Cal Sailing Club’s 50-year unique J-Dock open water location provides incomparable access for sailboats to depart and dock under sail in any wind direction, the J-Dock provides incomparable access for sailboats to depart and dock in open water under any wind conditions; and
WHEREAS, the nonprofit Cal Sailing Club has provided sailing instruction programs and low-income youth programs for free, with membership available at low or no cost to any member of the public, with open access approaches for sailboats at the J-Dock for 50 years; and
WHEREAS, the Open Space and Recreation Element of City of Berkeley’s General Plan, adopted in 2002, commits the city to “[e]nsure that park facilities and recreational activities are available at low costs to low-income residents and accessible by public transportation”; and
WHEREAS, the City of Berkeley and the State of California are investing unprecedented sums in various capital projects to revitalize the Berkeley Marina and preserve legacy recreational uses; and
WHEREAS, at a regular meeting of the Parks, Recreation, and Waterfront Commission, after hearing public comment, the commission took action to recommend that Council adopt a resolution designating Cal Sailing Club’s six historic J-Dock berths for safety training for boating activities, community service, and recreational education uses for four years, and directing the City Manager to retain the six slips for Cal Sailing Club (CSC) to use for nonprofit sailing instruction programs for four years. M/S/C (Abshez/Hurtado/U).

Ayes: Abshez; Bell; Hurtado; Kawczynska; Ranuzzi; Wozniak; Noe: None; Absent: Cox.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council designates Cal Sailing Club’s six historic J-Dock berths for safety training for boating activities, community service, and recreational education uses, and directing the City Manager to retain the six slips for Cal Sailing Club (CSC) to use for nonprofit sailing instruction programs and to be reviewed every four years.

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
October 15, 2024
To: Honorable Members of the City Council
From: Mayor Jesse Arreguín
Subject: Amending BMC Section 9.04.165 -Tax Exemption for Research & Development Grants

RECOMMENDATION
Adopt a first reading of an Ordinance amending Berkeley Municipal Code Section

9.04.165 to exempt the taxation of business gross receipts relating to government and philanthropic research and development grants in the public interest.

BACKGROUND
Home to the University of California, Berkeley, ranked number one worldwide for the number of venture-backed startups founded by undergraduate alumni1 and the Lawrence Berkeley National Laboratory (one of 17 national Department of Energy research laboratories), the city of Berkeley is an attractive place for technology startups and research and development (R&D) companies.

As of late 2023, the city had approximately 400 innovation sector companies, with 325 of them (81%) considered “startups”. Of these, 35% are in Healthcare & Life Sciences, 14% in CleanTech (aka ClimateTech), 13% in Hardware, and 2% in FoodTech.2 All of these innovation industry subsectors leverage R&D grant funding to develop solutions that serve environmental and societal objectives, such as solutions for human health, environmental quality, climate change mitigation and adaptation, and national defense. These grants come from various federal agencies, such as the Environmental Protection Agency, National Science Foundation, and Departments of Energy, Defense, or Health and Human Services, as well as state agencies like the California Energy Commission or Department of Food and Agriculture, and philanthropic non-profit 1 2023 Pitchbook University Rankings. https://pitchbook.com/news/articles/pitchbook-university-rankings 2 Companies defined as startups are for-profit businesses that sell innovative technology products or services OR substantively use innovative technologies to develop and manufacture their products or provide their services AND are developing repeatable and scalable business models that aren’t yet profitable. See the 2023 Citywide Economic Dashboard, published by the City of Berkeley Office of Economic Development for more details.
https://berkeleyca.gov/sites/default/files/documents/Economic%20Dashboard%202023.pdf

Tax Exemption on R&D Grants CONSENT CALENDAR
October 15, 2024

organizations like the Bill & Melinda Gates Foundation and the Grantham Foundation3.

Additionally, many of the early-stage companies in Berkeley’s many accelerator and incubator programs, such as Berkeley SkyDeck, Activate-Berkeley, Cyclotron Road at the Berkeley Lab, Bakar Labs, Bonneville Labs and CITRIS Foundry, are recipients of government and philanthropic R&D grants, including environmental technology companies like All Power Labs, Twelve, and Widesense, foodtech companies like Akorn Technology and Novel Farms, hardware companies like Squishy Robotics and Sonera Magnetics, and biotech companies like Valitor, Xalud Therapeutics, Resvita Bio, and Glyphic Bio.

These companies are undertaking research and development in the public interest, to develop renewable energy technologies, sustainable aviation fuels and plastics, electric vehicle fleet management software, bio-based coatings to reduce food waste, plant- based meat products, safer assessment tools for first responders, treatments for a wide range of debilitating and life threatening diseases, and other solutions for society’s pressing health and environmental problems, all while providing our community with jobs and opportunities for wealth creation.

For startups and R&D companies that are dependent on R&D grants as their primary source of financing, the City of Berkeley’s gross receipts taxation of such grants poses a disincentive for them to locate or grow in Berkeley, as Berkeley’s business license tax rate is already one of highest among Bay Area cities4. It also creates a perception that Berkeley is not startup-friendly, despite the city’s status as a hub of intellectual creativity and technological innovation.

As such, in 2019, my office, with support from the Office of Economic Development and Finance Department, brought forth an item to provide tax waivers for Berkeley small businesses that have received governmental R&D grants, which was approved by Council on May 28, 2019. The Berkeley Municipal Code (Section 9.04.165) was amended to include the following local tax exemption:

Any person subject to a license under provisions of this section with less than $100,000 in annual gross receipts, as defined in Section 9.04.025, net of governmental research grants, may exclude from gross receipts up to $1,000,000 received from governmental research grants, providing that a list of those grants and the amounts of payments received are reported to the City as defined by the Director of Finance.

Since then, 21 companies have received a R&D grant tax waiver, of which four (almost one-fifth) have reached the $1 million maximum and several companies have been 3 The Bill & Melinda Gates Foundation is a nonprofit fighting poverty, disease, and inequity with a mission to create a world where every person has the opportunity to live a healthy, productive life. The Grantham Foundation is a 501(c)(3) private foundation with a mission to protect and conserve the natural environment.
4 Business Taxes in the Bay Area: A City Level Analysis. Bay Area Council Economic Institute, February 2023. https://www.bayareaeconomy.org/files/pdf/BACEI-SF-Business-Tax-Feb2023.pdf

Tax Exemption on R&D Grants CONSENT CALENDAR
October 15, 2024

denied the waiver because they either had other gross receipts exceeding $100,000 (e.g. from interest income on equity investments made in the company, tax credits, or subcontract awards for R&D services) or received a R&D grant from a non-profit philanthropic organization, rather than government entity.

These companies, along with startups that are currently ineligible for the R&D grant tax waiver, have since brought to the City’s attention that the size of the grant award does not correspond to the company’s profitability or likelihood of success. Rather, companies have to propose to hit aggressive milestones to receive government grant funding and once they do, they need to use that funding to achieve those milestones (e.g. hire researchers, purchase equipment to run experiments, etc.). At the federal level, taxes are not allowable costs in SBIR and STTR grant awards, either as direct or facilities and administrative (F&A) costs, so the local tax burden impacts a company receiving a $200,000 dollar R&D grant just as much as a company that receives a grant of $2 million: funds paid towards local taxes diminish the company’s ability to achieve grant milestones. In other words, a company’s committed project scope scales commensurately with the dollar amount of the grant, and thus the $1 million cap in the current BMC language fails to achieve the policy’s intent to help early-stage companies conducting R&D in the public interest to achieve their goals and grow in Berkeley.

Further, the landscape of Berkeley startups has changed a lot in the past 5 years. It now includes more biotech and climate-tech companies where timelines for federal approval of drugs and medical devices are longer, and large capital investments are required to demonstrate proof of concept. As such, more companies are receiving larger grant awards from federal, state, and other impact-oriented nonprofits and it is these very same companies that the City wants to support, not only for economic development, but also to address the community (and world’s) environmental and health challenges.

Similarly, companies that receive R&D grant funding from non-profit foundations and philanthropic organizations face the same issues with regard to the efficiency with which they develop high-impact solutions, but they do not currently have the opportunity to apply for this tax waiver. And, in these cases, Berkeley R&D companies are at a disadvantage to those from other cities when they apply for grant funding, as donors prefer to invest in places where grant money can be used most efficiently by the grantee to achieve its proposed outcomes.

Updating the ordinance tax language to recognize both government and philanthropic R&D grants, and provide the benefit to any business receiving such a grant, regardless of the size of the grant or other income, will enable more startups and R&D companies to grow in Berkeley, thereby leading to more potential overall business tax contributions to the City in the long run. Simultaneously, it will allow the full amount of R&D grant awards to be used to achieve the social, environmental and health challenges that these companies seek to address, and lessen local companies’ incentives to move to another location with a less onerous tax structure.

Tax Exemption on R&D Grants CONSENT CALENDAR
October 15, 2024

RATIONALE FOR RECOMMENDATION
Providing a tax exemption on government and philanthropic R&D grants will greatly benefit innovation companies that rely on these grants to move forward on projects which are in the interest of society and the environment. Updates to the current ordinance could enable Berkeley’s smaller companies to become tomorrow’s engines of the economy. It will also provide an incentive for such business to remain in Berkeley and contribute to the city’s tax base in the long run, thereby contributing to Berkeley’s future economic vitality.

FINANCIAL IMPLICATIONS
Slight loss in tax revenue that will likely be recouped through more businesses remaining in Berkeley as they grow.

ENVIRONMENTAL SUSTAINABILITY
Not applicable.

CONTACT PERSON
Mayor Jesse Arreguín 510-981-7100
Lars Skjerping [email protected]
Attachments:

1. Ordinance

ORDINANCE NO. XXXX-N.S
AMENDING BERKELEY MUNICIPAL CODE CHAPTER 9.04, BUSINESS LICENSES BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That Section 9.04.165 of the Berkeley Municipal Code is amended to read as follows:

9.04.165 Professional--Semiprofessional--Connected business.

A. Finance, Insurance, Banking (including Savings and Loans) and Real Estate. Every person in any business, profession or occupation within the business field of finance, insurance and real estate, as described in the most practicable version of the U.S.

Government Printing Office publication North American Industrial Classification System Manual, except for those persons whose business is primarily renting real property, as defined in Section 9.04.195, shall be classified as a professional-semiprofessional.

B. Health, Veterinary, Legal, Educational, Engineering-Architectural-Surveying, Accounting-Auditing-Bookkeeping, and Miscellaneous Services Not Classified Elsewhere. Every person in any business, profession, or occupation within the business fields of health, veterinary, legal, education, engineering-architectural surveying, accounting-auditing-bookkeeping, and miscellaneous services not classified elsewhere, as described in the current U.S. Government Printing Office publication entitled North American Industrial Classification System Manual shall be classified as professional- semi-professional.

C. Nothing contained in this section shall be deemed or construed as applying to any person engaged in any of the professions or occupations enumerated in this section solely as an employee or partner of any other person or entity conducting, managing or carrying on any such business in the City.

D. Any person subject to a license under provisions of this section may exclude from gross receipts the portion of those receipts paid to subcontractors, providing that a list of such subcontractors and the amounts of payment are reported to the Director of Finance.

The Finance Department shall pursue collection of the business license tax from all reported subcontractors.

E. Any person subject to a license under provisions of this section with less than $100,000 in annual gross receipts, as defined in Section 9.04.025, net of governmental research grants, may exclude governmental or philanthropic research and development (“R&D”) grants from gross receipts (as defined in Section 9.04.025) up to $1,000,000 received from governmental research grants, providing that a list of those grants and the amounts of payments received

Tax Exemption on Federal Grants ACTION CALENDAR
September 10, 2024

are reported to the City as defined by the Director of Finance. (Ord. 7655-NS § 1, 2019: Ord. 7338- NS § 5, 2014: Ord. 6714-NS § 2, 2002: Ord. 6598-NS § 2, 2000: Ord. 5984-NS § 1, 1990: Ord. 5017-NS § I (part), 1977)
Section 2. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7110 ● TDD: (510) 981-6903 ● Fax: (510) 981-7111 E-Mail: [email protected]
Rashi Kesarwani
Councilmember, District 1

CONSENT CALENDAR
October 15, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Councilmember Rashi Kesarwani (Author)
SUBJECT: Naming the Harrison Street Skate Park in Honor of Terrance McCrary

RECOMMENDATION
Referral to the Parks, Recreation and Waterfront Commission to officially name the Harrison Street Skate Park in honor of Terrance McCrary, Jr., former skateboard counselor in training with our Recreation Division’s Skate Camp and Berkeley resident killed by gun violence.

BACKGROUND
Terrance McCrary Jr., also known as T-Mack, was born on September 15, 1993. By all accounts he was a vibrant, big hearted person who had a passion for skateboarding and art.1 He graduated from Berkeley public schools, attended Berkeley City College and worked at 510 Skateboarding skate shop on Telegraph avenue as a way to fuel his interests. Terrance also worked at the Harrison Skate Park as a counselor in training with the city’s recreation division and was a mentor to younger kids who shared his love for skating. On August 14, 2016 at the age of 22, Terrance was killed while attending a party in Uptown Oakland. Two other attendees got into a fight; one of them pulled a gun on the other shooting him dead and taking Terrance’s life as well. Terrance continues to live in the hearts of those whose lives he touched and have a presence within the skateboarding community.

Every year the McCrary family, in conjunction with the City of Berkeley’s Recreation Division, hosts an annual T-Mack Skate Jam with free food, music and prizes in honor of Terrance, celebrating his life, memory, and passion for skateboarding. It is a moment to celebrate life and bring the skateboarding community together while also recognizing the pain and devastation of gun violence.
1 Berkeleyside Obituary written by friend Delency Parham, August 15, 2016:
https://www.berkeleyside.org/2016/08/15/in-loving-memory-of-terrence-mccrary-1993-2016. See also

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7110 ● TDD: (510) 981-6903 ● Fax: (510) 981-7111 E-Mail: [email protected]
While currently there is a sign at the Harrison Skate Park honoring Terrance’s life and contributions to the skateboarding community at the park, it is officially known as the Harrison Skate Park. Officially naming the skate park after Terrance would be a way to further honor his life and tie the annual T-Mack Skate Jam celebrations permanently to this park.

CURRENT SITUATION AND ITS EFFECTS
Built in the early 2000s, Harrison Skate Park, located at 711 Harrison Street, is an 18,000 square foot park designed for skateboarders of all levels. It contains a large oval bowl, a fun box, and dedicated areas for beginners. The City of Berkeley’s Recreation DIvision hosts summer camps and events for youth at all skill levels. Operating hours are 8 a.m. to 9:30 p.m.

ENVIRONMENTAL SUSTAINABILITY
There is no significant environmental impact of naming the skate park after Terrance McCrary, Jr.

FISCAL IMPACT
Officially naming the skate park after Terrance would require new signage in multiple locations. Parks, Recreation and Waterfront Director Scott Ferris estimated the costs at less than $5,000.

CONTACT PERSON
Councilmember Rashi Kesarwani, 510-981-7110
Attachments:

Flyer for 2023 T-Mack Skate Jam

City of Berkeley
Recreation Divison Presents
T-Mack T-Mack Skate JamSkate Jam
Saturday, September 16th, 2023
Berkeley Skate Park, 711 Harrison St
11:30 - 3:00PM

FREE EVENT FOR ALL
Free Food /Music/ Good Vibes
Terrence

McCrary
Forever
This is an annual event celebrating the life and memory of Terrence McCrary Jr. Terrence grew up riding the Berkeley Skate Park and was a Counselor-in-Training for the Recreation Division's Skate Camp in 2012.

This event will feature a skate jam, raffle prize giveaways, art creations, live music (DJ and music artist) and refreshments.

Sponsored By 510 Skateboarding, Skate XP, Deluxe Distribution Refreshments will be donated by the McCrary family
For more information, call Tahir Dossett at 510-981-6690 or email: [email protected]

Berkeley City Councilmember
Mark Humbert, District 8
2180 Milvia Street, 5th Floor
Berkeley, CA 94704
[email protected]
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7180 E-Mail: [email protected]

CONSENT CALENDAR
October 15, 2024
To: Honorable Mayor and Members of the City Council
From: Councilmember Humbert (Author), Councilmember Hahn (Co-Sponsor) Subject: Russell Street Halloween Festivities: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds

RECOMMENDATION
Adopt a Resolution approving the expenditure of an amount not to exceed $1,000 per Councilmember including $1,000 from Councilmember Humbert to the Claremont Elmwood Neighborhood Association for Russell Street Halloween festivities with funds relinquished to the City’s General Fund for this purpose from the discretionary Council Office Budgets of Councilmember Humbert and any other Councilmembers who would like to contribute.

BACKGROUND
Russell Street Halloween in the Elmwood neighborhood is a long-standing tradition that draws large crowds of trick-or-treaters and other ooky-spooky Halloween characters.1 This community-led event features lovingly decorated homes, costumes, and seasonal activities. Residents on Russell Street transform their houses into creepy and fun displays, making it one of the best spots for trick-or-treating in Berkeley. The event has become a cherished celebration, especially for families seeking a lively and safe Halloween experience. These funds will help the event cover expenses and ensure that Russell Street Halloween remains a Boo-erkeley tradition for years to come.

FINANCIAL IMPLICATIONS
No General Fund impact. $1,000 is available from Councilmember Humbert’s office budget discretionary account.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects or opportunities associated with adopting this recommendation.

CONTACT PERSON
Councilmember Mark Humbert Council District 8 510-981-7180 1 https://www.berkeleyside.org/2022/11/01/halloween-elmwood-berkeley-trick-treat

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

RUSSELL STREET HALLOWEEN FESTIVITIES
WHEREAS, the Russell Street Halloween festivities, sponsored by the Claremont Elmwood Neighborhood Association, will take place on October 31, 2024; and WHEREAS, the annual event is a fang-tastic Elmwood community tradition; and WHEREAS, Russell Street Halloween is a skele-ton of fun for the whole family; and WHEREAS, Councilmember has surplus funds in his office expenditure account, witch he would like to contribute to the event; and
WHEREAS, the Claremont Elmwood Neighborhood Association is trick-or-treating for funds in the amount of $1,000 to help cover the costs of the festivities; and WHEREAS, coffin up funds for this event would serve the civic interests of community- building, creating safe spaces for holiday celebrations, and preventing this event from ghosting;
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that funds relinquished by the Councilmembers from their Council Office Budgets up to $1,000 per office shall be granted to the Claremont Elmwood Neighborhood Association for helping cover the costs of Russell Street Halloween festivities.

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

ACTION CALENDAR
October 15, 2024
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Jordan Klein, Director, Planning and Development Department Subject: Amendments to the of Berkeley Green Code to require all newly constructed buildings to be Zero NOx Emission Buildings

RECOMMENDATION

1. Adopt first reading of an Ordinance amending the Berkeley Green Code, BMC Chapter 19.37, to require all newly constructed buildings to be Zero NOx Emission Buildings with two exceptions: 1. for industrial or manufacturing processes; and 2. for cooking equipment serving nonresidential occupancies in buildings; and

2. Adopt a Resolution setting forth findings of local conditions that justify more stringent regulations than those provided by the 2022 California Green Building Standards Code with Mid-Cycle Supplements.

SUMMARY
The proposed legislation would require that all newly constructed buildings be Zero NOx Emission Buildings. If adopted, the Ordinance would take effect January 1, 2025, and would not impact previous local amendments to the California Green Building Standards Code (CALGreen), last adopted with “Mid-Cycle Supplements” through Ordinance No. 7,906-N.S., which became effective July 1, 2024.

FISCAL IMPACTS OF RECOMMENDATION
The proposed Ordinance will modestly increase the plan check and inspection workload. Costs would be covered by existing fees paid by permit applicants. There are no net fiscal impacts from this amendment of the Berkeley Green Code.

CURRENT SITUATION AND ITS EFFECTS
On May 7, 2024, City Council referred to the Health, Life Enrichment, Equity & Community (HLEEC) Policy Committee to consider local amendments to CALGreen to require all newly constructed buildings to be Zero NOx Emission Buildings. On July 29, 2024, the HLEEC Policy Committee unanimously voted to send Council a qualified, positive recommendation for the Zero NOx CALGreen reach code, noting also that

Amendment of Berkeley Green Code ACTION CALENDAR
October 15, 2024

Council should consider a commercial kitchen exemption, or as an alternative, consider a single margin energy reach code.

HEALTH IMPLICATIONS
The proposed Ordinance would require all newly constructed buildings of all occupancies to meet the definition of a Zero NOX Emission Building: a newly constructed building that exclusively uses Zero NOX Emission Appliances. Nitrogen Oxides are defined as the sum of nitrogen oxide (NO) and nitrogen dioxide (NO2), collectively expressed as NOX, which is a harmful air pollutant. Short-term exposure can aggravate asthma and other respiratory illnesses, and can lead to hospital admissions and emergency room visits.1 Long-term exposure can cause asthma and potentially increase susceptibility to respiratory infections.2 Further, NOX contributes to acid rain and is one of the building-blocks of ozone, an air pollutant, a greenhouse gas, and a major component of smog.3 This Ordinance would set a higher standard for health and environmental protection by improving air quality. This is consistent with the published purpose of the California Green Building Standards Code “to improve the health, safety and general welfare by enhancing the design and construction of buildings through the use of concepts having a reduced negative impact.”
This proposed ordinance addresses an immediate health concern of growing importance for Berkeley residents. The Bay Area Air Quality Management District (BAAQMD) notes that: “In 2019, emissions from residential natural gas combustion accounted for roughly the same amount of NOX emissions as passenger vehicles.”4 However, shifts in remote work practices since 2019 have likely increased that percentage, both due to increased work from home hours and reduced work commutes.

BAAQMD further notes that, “Through the reduction of NOX and particulate matter emissions, the proposed [BAAQMD Zero NOx appliance] amendments are projected annually to prevent up to 85 premature deaths and save up to $890 million in health impacts.”5 In summary, the proposed Berkeley amendment for Zero NOX Emission Buildings advances towards a built environment consistent with current understanding of human disease prevention and environmental health.

Cooking equipment, such as ranges, cooktops, and ovens that emit NOx, exposes users to the NOx emissions and impacts their health. The use of exhaust fans and vent hoods while cooking limits exposure indoors, but does not remove it completely. The highest cited capture efficiency rate of residential kitchen vent hoods in the Energy Code is 85%, meaning cooks will inhale some combustion byproducts when a NOx 1 https://www.epa.gov/no2-pollution/basic-information-about-no2 2 ibid
3 https://www3.epa.gov/airnow/mediakits/ozone/facts.pdf 4 https://www.baaqmd.gov/~/media/dotgov/files/rules/reg-9-rule-4-nitrogen-oxides-from-fan-type- residential-central-furnaces/2021-amendments/documents/20230522_faq_appliance-rules_final- pdf.pdf?rev=b425fe938f644fa7839f8d938cad41fd&sc_lang=en 5 ibid

Amendment of Berkeley Green Code ACTION CALENDAR
October 15, 2024

emitting appliance is being used. Residential and commercial kitchen vent hoods exhaust the NOx emissions to the outside.

From a health and safety standpoint, using Zero NOx Emitting cooking equipment, whether in homes or restaurants, offers the greatest health benefit. Allowing an exception from Zero NOx for cooking equipment serving nonresidential occupancies may provide other types of benefits. For example, it may be more economically attractive to restaurant owners due to factors such as equipment availability and familiarity, as well as purchase and operating costs. Restaurant operators in Berkeley have seen increases in expenses in recent years due to leases, costs of food, staff, and increasing regulatory compliance (e.g., utilizing compostable or reusable takeout containers to eliminate single use disposables). Also, an exception for cooking equipment serving nonresidential occupancies affords the building owner the greatest flexibility to attract the widest range of tenants. Berkeley’s commercial vacancy rates have not yet rebounded to pre-pandemic levels.

In addition to its direct health impacts, NOx is one of the building blocks of ozone, a potent greenhouse gas with a Global Warming Potential (GWP) of 520. The Bay Area is currently out of compliance with federal standards for ozone. The provisions for Zero NOx Emission Buildings made by Chapter 19.37 would have the effect of reducing the emission of ozone, because NOx reacts in sunlight with other volatile organic compounds to create ozone. If adopted, the Ordinance will result in a reduction in ozone and a corresponding reduction in greenhouse gas emissions.

OPTIONS
The Ordinance proposed with this staff report is the Zero NOx CALGreen reach code with two exceptions: 1. for industrial or manufacturing processes; and 2. for cooking equipment serving nonresidential occupancies in buildings. Alternatively, Council could strike Section 5.106.13.1 Exception 2 and adopt the Ordinance without exempting cooking equipment serving nonresidential occupancies from Zero NOx requirements.

CODE AMENDMENTS
The current three-year building code cycle and any effective amendments thereto are effective through December 31, 2025. The local amendments proposed with this Ordinance do not negate or otherwise affect previously adopted amendments; they introduce new amendments to the 2022 California Green Building Standards Code pertaining to NOx emissions only. Under state law, local jurisdictions may adopt stricter code provisions if justified by findings of local climatic, geological or topographical conditions.

The proposed ordinance would take effect on January 1, 2025. It would apply to any project for which a building permit application for a newly constructed building, or for an alteration or addition to an existing Zero NOx Emission Building, is submitted on or after the effective date of the ordinance. This proposed ordinance would not apply to buildings whose building permit applications were submitted prior to January 1, 2025.

Amendment of Berkeley Green Code ACTION CALENDAR
October 15, 2024

The proposed ordinance supports the City’s Strategic Plan Goals to create a resilient, safe, connected, and prepared city, and to be a global leader in addressing climate change, advancing environmental justice, and protecting the environment. The proposed ordinance also supports City Council directives and policies related to fire and life safety, resilience, and climate protection, and is supported by the resolution adopting findings of local conditions.

BACKGROUND
City Council adopted the California Green Building Standards Code with local amendments on November 29, 2022, and readopted this code on June 4, 2024, with State Mid-Cycle Supplements and further local amendments (effective July 1, 2024).

Proposed amendments to the Berkeley Green Code were discussed by the Environment and Climate Commission (ECC) at its April and May 2024 meetings. ECC considered options including a Zero NOx CALGreen reach code and a Single Margin Energy reach code. Several Commissioners indicated support for a Zero NOx CALGreen reach code, without an exception for cooking equipment used in commercial kitchens, citing potential benefits including alignment with BAAQMD’s Zero NOx appliance rules, appreciation of future preparedness that a reach code brings, and facilitation of neighborhood decarbonization efforts tied to seismic safety and other health and safety benefits.

This proposed Zero NOX Emission Building amendment to CALGreen builds upon the first such local ordinance, from the City of Los Altos Hills, by adding the requirement for nonresidential occupancies to meet the Zero NOX Emission Building standard, and requiring Zero NOX cooking equipment for residential occupancies. The first Zero NOX appliance regulation provision of BAAQMD Regulation 9 Rule 6 will become effective on January 1, 2027 for tanked water heaters <75kBtu.6
On June 26, 2024 staff hosted a virtual roundtable for design professionals, property owners, and developers who have recently built new buildings in Berkeley. This group of stakeholders, who had experience with designing and/or building a variety of buildings types, voiced support for a healthy environment and healthy buildings.

Discussion topics included future code requirements, the housing crisis, recommendations for grid resilient design and battery storage, economic and technical challenges, and PG&E’s interconnection timelines. The opinions in this group varied, but a Zero NOx reach code with an exception for commercial kitchens had the most interest. Several developers voiced that having natural gas available in commercial spaces can help them attract a wider range of restaurant and cafe tenants.

6 https://www.baaqmd.gov/rules-and-compliance/rules/reg-9-rule-6-nitrogen-oxides-emissions-from- natural-gasfired-water-heaters

Amendment of Berkeley Green Code ACTION CALENDAR
October 15, 2024

On July 29, 2024 the HLEEC Policy Committee discussed reach code options with staff.

The Committee voted to send the item to Council with a qualified positive recommendation for the Zero NOx CALGreen reach code, noting also that Council should consider a commercial kitchen exemption, or as an alternative, a Single Margin Energy Reach Code.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
This proposed ordinance aligns with Berkeley’s health, safety, and climate goals. It supports the Climate Action Plan, Berkeley Resilience Strategy, and Fossil Fuel Free Berkeley goals. Zero NOX Emission Buildings reduce the human health, environmental, and climate impacts of emissions associated with occupying and using the new buildings.

RATIONALE FOR RECOMMENDATION
Local policies such as the proposed Ordinance provide a higher level of safety than are achieved through the State’s Building Codes. Fire risk, risks to the health of building occupants, the accumulating and compounding risks of climate change to the San Francisco Bay Area, its residents, its coastal and littoral zones, and broader risks of degraded air quality justify adoption of Berkeley code amendments that are stricter than the California Building Standards Code.

The proposed ordinance, a Zero NOx amendment to CALGreen, regulates emissions from appliances and equipment. It does not regulate the energy use of appliances.

Generally, electric appliances will meet Zero NOx Emitting Equipment requirements, as would natural gas fired appliances fitted with scrubbers or other equipment that capture and remove NOx emissions.

In addition, Berkeley does not meet State and Federal ambient outdoor air quality standards (nonattainment) for ozone and is also in an area of nonattainment for State standards for particulate matter (PM2.5 and PM10). Per the BAAQMD7, a local government has the authority to regulate air quality. By regulating NOx emissions from equipment, Berkeley can reduce harm to public health within buildings, improve ambient air quality, and assist in the transition to BAAQMD’s appliance rules which will impact the sale and installation of water heaters and furnaces starting in 2027.

ALTERNATIVES CONSIDERED
Council could consider instead adopting an alternative amendment known as a “Single Margin Energy Reach Code.” The single margin approach would require the proposed building to meet a higher source energy compliance margin for all occupancies than currently required by the California Energy Code. Although “source energy” is not defined in the state Energy Code, a Code manual explains it generally measures the marginal greenhouse gas emissions of energy used to supply electricity (2022 Single 7 https://www.baaqmd.gov/en/plans-and-climate/local-government-support

Amendment of Berkeley Green Code ACTION CALENDAR
October 15, 2024

Family Residential Compliance Manual at 1.6.4). The metric accounts for the system delivering energy to the building, as well as the time of day the energy is delivered.

By requiring that a proposed building achieve a certain compliance margin below the source energy requirement for a standard design building, such an ordinance would require that a building improve upon the state code’s EDR1 metric. Each building type would have a respective single margin it would need to comply with. This approach gives builders flexibility in how to meet these standards, and allows and applies to both electric and mixed-use fuel designs. Methods to achieve a particular source energy compliance margin include electrifying appliances, or, if a building uses gas appliances, adding efficiency improvements such as insulation, and/or utilizing solar PV or a battery.

However, overall the single margin approach is less effective at reducing greenhouse gas emissions than Zero NOx requirements, though it is a feasible option for greenhouse gas reduction, and requires more passive design such as increased insulation and/or more efficient windows in a building. The Single Margin Energy Reach Code approach has been adopted by other California cities including San Luis Obispo, Santa Cruz, San Jose, Palo Alto, East Palo Alto, Encinitas, and Brisbane.

This option was discussed at ECC, HLEEC, and at the roundtable with building professionals, and was not voiced as the preferred option by the majority of the participants in any meeting. A Single Margin Energy Reach Code would require additional work for all types of projects, leading to greater difficulty in understanding the requirements, higher impacts on building design teams, and a longer timeline for implementation, as California Energy Commission approval would be required after local adoption. It would also place greater demands on City plan check and field inspection staff.

CONTACT PERSON
David Lopez, Chief Building Official, Building and Safety Division, Planning and Development Department, 510-981-7441
Kurt Hurley, Green Building Program Manager, Building and Safety Division, Planning and Development Department, 510-981-7501
Sarah Moore, Manager, Office of Energy and Sustainable Development, Planning and Development Department, 510-981-7494
Attachments:
1: Code Amendment Ordinance
2: Resolution Adopting Findings of Local Conditions

ORDINANCE NO. –N.S.

AMENDING BERKELEY MUNICIPAL CODE SECTION 19.37.040 (BERKELEY GREEN CODE)
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That Berkeley Municipal Code Section 19.37.040 is hereby amended to read as follows:

Section 19.37.040

BERKELEY GREEN CODE
Sections:

19.37.040 Amendments to the California Green Building Standards Code.

19.37.040 Amendments to the California Green Building Standards Code with Mid- Cycle Supplement.

Chapter 2 Definitions of the California Green Building Standards Code with Mid-Cycle Supplement is adopted in its entirety subject to the modifications thereto which are set forth below:

Add new definitions to Section 202:

NITROGEN OXIDES (NOX). The sum of nitrogen oxide (NO) and nitrogen dioxide (NO2) collectively expressed as NOX.

NOX EMITTING EQUIPMENT. Any equipment or appliance primarily used for space heating, space ventilation, water heating, cooking, clothes drying and lighting that emits more than 0.0 nanograms of nitrogen oxides expressed as NOX per joule of heat and/or light output.

ZERO NOX EMISSION BUILDING. A building is considered a zero NOX emission building if it utilizes only zero NOX equipment or appliances to provide space heating, space ventilation, water heating, cooking, clothes drying, and lighting for the life of the building including future alterations and additions.

ZERO NOX EMITTING EQUIPMENT. Any equipment or appliance that emits no more than 0.0 nanograms of nitrogen oxides (NOX) per joule of heat and/or light output.

Equipment and appliances primarily used for space heating, space ventilation, water heating, cooking, clothes drying, and lighting.

Chapter 3 Green Building of the California Green Building Standards Code with Mid- Cycle Supplement is adopted in its entirety subject to the modifications thereto which are set forth below:

Add a new Subsection 301.1.2 to read:
301.1.2 Residential waste diversion. The requirements of Section 4.408 shall be required for:

1. Any additions or alterations, which increase the building’s conditioned area, volume or size.

2. Any building alterations with a permit valuation over $100,000.

3. Any interior or exterior demolitions valued over $3,000.

Modify Subsection 301.3.2 to read:
301.3.2 Nonresidential waste diversion. The requirements of Section 5.408 shall be required for additions and, alterations and demolitions whenever a permit is required for work.

Chapter 4 Residential Mandatory Measures of the California Green Buildings Standards Code with Mid-Cycle Supplement is adopted in its entirety subject to the modifications thereto which are set forth below:

Modify Subsection 4.106.4.1 to read:

4.106.4.1 New one- and two-family dwellings and townhouses with attached or detached private garages, carports, or any other on-site parking. For each dwelling unit, install a listed raceway to accommodate a dedicated 208/240-volt branch circuit. The raceway shall not be less than trade size 1 (nominal 1-inch inside diameter). The raceway shall originate at the main service or subpanel and shall terminate into a listed cabinet, box or other enclosure in close proximity to the proposed location of an EV charger. Raceways are required to be continuous at enclosed, inaccessible or concealed areas and spaces. The service panel and/or subpanel shall provide capacity to install a 40-ampere 208/240-volt minimum dedicated branch circuit and space(s) reserved to permit installation of a branch circuit overcurrent protective device minimum 40-ampere 208/240-volt dedicated EV branch circuit in close proximity to the proposed location of an EV charger at the time of original construction in accordance with the California Electrical Code.

Exception: A raceway is not required if a minimum 40-ampere 208/240-volt dedicated EV branch circuit is installed in close proximity to the proposed location of an EV charger at the time of original construction in accordance with the California Electrical Code.

4.106.4.1.1 Identification. The service panel or subpanel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging as “EV CAPABLEREADY”. The raceway termination location shall be permanently and visibly marked as “EV CAPABLEREADY”.

Modify Subsection 4.106.4.2.2. to read:

4.106.4.2.2 Multifamily dwellings, hotels and motels.

1. EV ready parking spaces with receptacles.
a. Hotels and motels. Forty (40) percent of the total number of parking spaces shall be equipped with low power Level 2 EV charging receptacles. b. Multifamily parking facilities. Forty (40) percent of the total number of parking spaces shall be equipped with low power Level 2 EV charging receptacles. EV charging receptacles required by this section shall be located in at least one assigned parking space per dwelling unit where assigned parking is provided but need not exceed forty (40) percent of the total number of assigned parking spaces provided on the site.

Exception: Areas of parking facilities served by parking lifts, including but not limited to automated mechanical-access open parking garages as defined in the California Building Code; or parking facilities otherwise incapable of supporting electric vehicle charging. Areas of parking facilities served by parking lifts, provided the required percentage of EV Chargers spaces are installed elsewhere. c. Receptacle power source. EV charging receptacles in multifamily parking facilities shall be provided with a dedicated branch circuit connected to the dwelling unit’s electrical panel, unless determined as infeasible by the project builder or designer and subject to concurrence of the local enforcing agency.

Exception: Areas of parking facilities served by parking lifts, including but not limited to automated mechanical-access open parking garages as defined in the California Building Code; or parking facilities otherwise incapable of supporting electric vehicle charging. Areas of parking facilities served by parking lifts, provided the required percentage of EV Chargers spaces are installed elsewhere. d. Receptacle configurations. 208/240V EV charging receptacles shall comply with one of the following configurations:

1. For 20-ampere receptacles, NEMA 6-20R.

2. For 30-ampere receptacles, NEMA 14-30R.

3. For 50-ampere receptacles, NEMA 14-50R.

Add a new section 4.106.5 to read:

4.106.5 ZERO NOX EMISSION BUILDINGS
Add a new subsection 4.106.5.1 to read:

4.106.5.1 Newly Constructed Buildings. All newly constructed buildings and accessory structures shall be Zero NOX Emission Buildings.

Add a new Subsection 4.405.1 to read:

4.405.1 Reduction in cement use. As allowed by the enforcing agency, cement used in concrete mix design shall be reduced not less than 25 percent. Products commonly used to replace cement in concrete mix designs include, but are not limited to:

1. Fly ash.

2. Slag.

3. Silica fume.

4. Rice hull ash.

Exception: Minimum cement reductions in concrete mix designs approved by the Engineer of Record may be lower where high early strength is needed for concrete products or to meet an accelerated project schedule.

Modify Subsection 4.408.1 to read:

4.408.1 Construction waste management. Recycle and/or salvage for reuse 100% of excavated soil and land-clearing debris, 100% of concrete, 100% of asphalt, and a minimum of 65 percent of the other nonhazardous construction and demolition waste in accordance with either Section 4.408.2, 4.408.3 or 4.408.4, or meet a more stringent local construction and demolition waste management ordinance.

Exceptions:

1. Excavated soil and land-clearing debris.

2. Alternate waste reduction methods developed by working with local agencies if diversion or recycle facilities capable of compliance with this item do not exist or are not located reasonably close to the jobsite.

3. The enforcing agency may make exceptions to the requirements of this section when isolated jobsites are located in areas beyond the haul boundaries of the diversion facility.

Chapter 5 Nonresidential Mandatory Measures of the California Green Buildings Standards Code with Mid-Cycle Supplement is adopted in its entirety subject to the modifications thereto which are set forth below:

Modify Subsection 5.106.5.3.1 to read:

5.106.5.3.1 EV Capable Spaces. [N] Twenty (20) percent of the total number of parking spaces shall be EV capable spaces. Calculation for EV capable spaces shall be rounded up to the nearest whole number. shall be provided in accordance with Table 5.106.5.3.1 and The spaces shall comply with the following requirements:

1. Raceways complying with the California Electrical Code and no less than 1-inch (25 mm) diameter shall be provided and shall originate at a service panel or a subpanel(s) serving the area, and shall terminate in close proximity to the proposed location of the EV capable space and into a suitable listed cabinet, box, enclosure or equivalent. A common raceway may be used to serve multiple EV capable spaces.

2. A service panel or subpanel(s) shall be provided with panel space and electrical load capacity for a dedicated 208/240 volt, 40-ampere minimum branch circuit for each EV capable space, with delivery of 30-ampere minimum to an installed EVSE at each EVCS.

3. The electrical system and any on-site distribution transformers shall have sufficient capacity to supply full rated amperage at each EV capable space.

4. The service panel or subpanel circuit directory shall identify the reserved overcurrent protective device space(s) as "EV CAPABLE". The raceway termination location shall be permanently and visibly marked as "EV CAPABLE." Note: A parking space served by electric vehicle supply equipment or designed as a future EV charging space shall count as at least one standard automobile parking space only for the purpose of complying with any applicable minimum parking space requirements established by an enforcement agency. See Vehicle Code Section 22511.2 for further details.

Modify Subsection 5.106.5.3.2 to read:

5.106.5.3.2 Electric vehicle charging stations (EVCS). Ten (10) percent of the total number of parking spaces shall be EV capable spaces shall be provided with electric vehicle supply equipment (EVSE) to create EVCS in the number indicated in Table 5.106.5.3.1 separate and in addition to the requirements of Section

5.106.5.3.1. Calculation of required EVCS shall be rounded up to the nearest whole number. The EVCS required by Table 5.106.5.3.1 by this section shall be provided with Level 2 EVSE or DCFC as permitted in Section 5.106.5.3.2.1. At least one minimum 6.6 kVA Level 2 EVSE shall be provided.

One EV charger with multiple connectors capable of charging multiple EVs simultaneously shall be permitted if the electrical load capacity required by Section

5.106.5.3.1 for each EV capable space is accumulatively supplied to the EV charger.

Delete Table 5.106.5.3.1.

Modify Subsection 5.106.5.3.6 to read:

5.106.5.3.6 Electric vehicle charging stations (EVCS)—power allocation method. The power allocation method may be used as an alternative to the requirements in Section 5.106.5.3.1, and Section 5.106.5.3.2 and associated Table

5.106.5.3.1. Use Table 5.106.5.3.6 the product of the factor 0.66 kVA/ parking space times the total number of parking spaces to determine the total power in kVA required based on the total number of actual parking spaces for EVSE charging infrastructure.

Power allocation method shall include the following:
1) Use any kVA combination of EV capable spaces, low power Level 2, Level 2 or DCFC EVSEs.
2) At least one Level 2 EVSE shall be provided.
3) Any remainder power allocation kVA from Section 5.106.3.6 Item (1) shall be converted to one additional low power Level 2 EVSE.

Delete Table 5.106.5.3.6.

Add a new section 5.106.13 to read:

5.106.13 ZERO NOX EMISSION BUILDINGS
Add a new subsection 5.106.13.1 to read:

5.106.13.1 New construction. [N] All newly constructed buildings shall be Zero NOX Emission Buildings.

Exception 1: F1 and F2 Occupancy Classifications as defined by California Building Code Section 306; and H1, H2, H3, H4, and H5 Occupancy Classifications as defined by California Building Code Section 307 for processes other than service water heating, space heating, space ventilation, cooking, clothes drying, and lighting as they relate to human occupancy.

Exception 2: Cooking equipment serving nonresidential occupancies.

Add a new Subsection 5.405.1 to read:

5.405.1 Reduction in cement use. As allowed by the enforcing agency, cement used in concrete mix design shall be reduced not less than 25 percent. Products commonly used to replace cement in concrete mix designs include, but are not limited to:

1. Fly ash.

2. Slag.

3. Silica fume.

4. Rice hull ash.

Exception: Minimum cement reductions in concrete mix designs approved by the Engineer of Record may be lower where high early strength is needed for concrete products or to meet an accelerated project schedule.

Modify Subsection 5.408.3 to read:

5.408.3 Concrete, asphalt, excavated soil and land clearing debris. 100 percent of concrete, asphalt, trees, stumps, rocks and associated vegetation and soils resulting primarily from land clearing shall be reused or recycled. For a phased project, such material may be stockpiled on site until the storage site is developed.

Exception: Reuse, either on-or off-site, of vegetation or soil contaminated by disease or pest infestation.

Notes:

1. If contamination by disease or pest infestation is suspected, contact the County Agricultural Commissioner and follow its direction for recycling or disposal of the material. (www.cdfa.ca.gov/exec/ county/county_contacts.html).

2. For a map of known pest and/or disease quarantine zones, consult with the California Department of Food and Agriculture. (www.cdfa.ca.gov).

Section 2. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of Council Chambers, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.
* * * * * *

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

ADOPTING FINDINGS AS TO LOCAL CLIMATIC, GEOLOGICAL, AND

TOPOGRAPHICAL CONDITIONS, RENDERING REASONABLY NECESSARY

ENUMERATED LOCAL G R E E N BUILDING STANDARDS THAT ARE MORE

STRINGENT THAN THOSE MANDATED BY THE CALIFORNIA GREEN BUILDING

STANDARDS CODE
WHEREAS, the City is proposing to adopt enumerated changes and modifications to the 2022 California Green Building Standards Code with Mid-Cycle Supplements, California Code of Regulations, Title 24, as set forth below; and
WHEREAS, Health & Safety Code §17958 allows the City to make modifications or changes to the California Building Standards Code and other regulations adopted pursuant to Health & Safety Code §17921(a) which result in more stringent local requirements; and
WHEREAS, Health & Safety Code §17958, §17958.5 and §17958.7 require that such changes be supported by findings made by the governing body that such more stringent local requirements are necessary because of "local climatic, geological, or topographical conditions"; and
WHEREAS, Health & Safety Code § 39002 recognizes local authority to set stricter air quality standards for nonvehicular sources than those set forth by state or federal law or by the California Air Resources Board; and
WHEREAS, the Bay Area Air Quality Management District approved rules on June 21, 2023 that outlaw the sale of NOx-emitting water heaters and furnaces in 2027 and 2029, respectively, for installation in Bay Area buildings including in Berkeley; and WHEREAS, preparing structures in the City for the upcoming implementation of the Bay Area Air Quality Management District’s rules will protect community health and promote efficiency and cost savings that will benefit the City’s residents; and WHEREAS, the Federal Clean Air Act requires the Federal Environmental Protection Agency to establish federal air quality standards to protect public health and public welfare and regulate emissions of hazardous air pollutants; and WHEREAS, Nitrogen Dioxide and ozone are two of the six criteria pollutants explicitly addressed in the Federal Clean Air Act; and
WHEREAS, pursuant to the California Clean Air Act Law, the California Air Resources Board regulates mobile sources of pollution while local and regional authorities are

2 responsible for controlling air pollution discharged, released, or otherwise produced from other sources; and
WHEREAS, much of the Greater Bay Area, including the City, remains a nonattainment area that does not meet federal air quality standards for ozone and other harmful air pollutants established to protect public health; and
WHEREAS, Nitrogen Oxide and Nitrogen Dioxide (collectively NOx) emissions from building appliances contribute significantly to the formation of ozone and other harmful air pollutants that are present in the Greater Bay Area at levels that violate federal standards; and
WHEREAS, such findings must be made available as a public record and a copy thereof with each such modification or change shall be filed with the California Building Standards Commission; and
WHEREAS, on November 3, 2022, the Berkeley City Council adopted Resolution No. 70,585-N.S. and additionally on May 7, 2024 the Berkeley Council adopted Resolution no. 71,320-N.S. making findings in support of previous local code amendments.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that it finds that each of the proposed changes or modifications to the California Green Building Standards Code which are enumerated below are reasonably necessary because of local conditions in the area encompassed by the City of Berkeley, as set forth below:

A. LOCAL CONDITIONS

1. Climatic Conditions
a. Discussion
The City of Berkeley is located at the geographic center of the Bay Area. The western limits are defined by the Bay at near sea level and the eastern limits by the abruptly rising Berkeley Hills to 1,200 feet. The eastern limit faces open parklands and open space (covered with vegetative fuel loading) to the east and is exposed to a unique danger from wild land fires during periods of hot, dry weather in the summer months.

Many of the Berkeley homes in this area have wood shake and shingle roofs and are
surrounded by brush type vegetation. The situation is made even worse by the negative effects of high wind conditions during the fire season. During May to October, critical climatic fire conditions occur where the temperature is greater than 80°F, the wind speed is greater than 15 mph, fuel moisture is less than or equal to 10.0 percent, wind
direction is from north to the east-southeast and the ignition component is 65 or greater. These conditions occur more frequently during the fire season but this does not preclude the possibility that a serious fire could occur during other months of the year.

The critical climate fire conditions create a situation conducive to rapidly moving, high intensity fires. Fires starting in the wild land areas along the easterly border are likely to
move rapidly westward into Berkeley's urban areas.

3 In September 1923, critical climatic fire conditions were in effect and Berkeley sustained one of the most devastating fires in California's history. A fire swept over the range of the hills to the northeast of Berkeley and within two hours was attacking houses within the City limits. A total of 130 acres of built-up territory burned. 584 Berkeley buildings were wholly destroyed and about 30 others seriously damaged. By far the greater portion were single-family dwellings, but among the number were 63 apartments, 13 fraternity, sorority and students' house clubs and 6 hotels and boarding houses.

In December of 1980, during critical climatic fire conditions, a small fire started at Berkeley's northeast limits and within minutes five homes were totally destroyed by fire.

On October 20, 1991, a disastrous firestorm swept down from the Oakland hills. Within the first few hours, thousands of people were evacuated. Ultimately over 3,000 dwelling units were destroyed, of which more than 70 were in Berkeley. This fire matched the pattern established by the fires of 1923 and 1980. Additionally, the conditions that led to it were the same as the conditions that led to a 1970 fire that destroyed 70 homes in Oakland.

Berkeley frequently experiences cold winter days with accompanying temperature inversions which trap wood smoke near the ground and increase air pollution. These stagnant air days are marked by increased acute respiratory disease, including asthma, and a small but consistent increase in deaths from heart and lung disease. During these periods the usual onshore flow of clean marine air ceases and wood smoke air pollution becomes an area-wide phenomena. Studies by the Bay Area Air Quality Management District suggest that between 20 and 50% of air polluting small particles come from residential wood burning.

In addition, local surface winds frequently transport moisture laden air from the surface of the Bay waters into the City. Larger scale prevailing weather patterns and winds created by the jet stream from the west also transport highly humid air and storms across the Pacific Ocean through the strait between the San Francisco peninsula and the Marin Headlands straddled by Golden Gate Bridge and into the City. The moderating effect of the Bay waters on local temperatures tends to reduce local temperature extremes, even during periods of high inland temperatures. The combination of moist air from adjacent waters and the associated mild temperatures means that it is common for local weather conditions to hover near the dew point. This can result in the formation of fog associated with local and regional marine weather layers, which commonly cover the City for hours or even days at a time with an average morning relative humidity of 82 percent.

Much of Northern California is considered to possess a predominantly Mediterranean climate. At times Berkeley does experience periods of high temperature and/or low humidity particularly between mid-July and mid-October, when the danger of hillside fires is greatest. Throughout the rest of the year, the marine weather environment is characterized by higher humidity and lower overall prevailing temperatures, resulting in a higher overall moisture content in building construction materials and slower drying of building materials and assemblies once wet or humidified.