Berkeley City Council
July 8, 2025

Through a review process, the scope was narrowed to the most feasible project to construct, Concept A.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The City’s Zero Waste infrastructure is critical to aid in the reduction of material landfilled materials and promote recycling. This SW&RTS Replacement Project will support the City’s efforts to continuously reduce waste volumes, increase diversion of waste from landfills, and move the City toward its Zero Waste Goal with sustainable and environmental compliant structures.

RATIONALE FOR RECOMMENDATION
FCS was awarded the Contract for CEQA Compliance for the SW&RTS Replacement Project and their CEQA efforts commenced July 1, 2021. The additional funding is needed to update site maps to reflect the State of California’s electric vehicle (EV) infrastructure mandates, including the proposed locations for EV charging infrastructure.

Additionally, the funding will support the completion of Phase I and II cultural resource and soil testing at the Transfer Station, in response to CEQA-related comments. This additional funding will allow the project to move forward to completion of the Environmental Impact Report (EIR).

ALTERNATIVE ACTIONS CONSIDERED
The alternative would be to issue a new RFP to update site maps to reflect the State of California’s electric vehicle (EV) infrastructure mandates, including the proposed locations for EV charging infrastructure, and the completion of Phase I and II cultural resource and soil testing at the Transfer Station, in response to CEQA-related comments. This would delay the completion of the project and create the necessity of coordination by staff with two distinct consultants with deliverables on the same scope of work. Amending the existing contract not to exceed amount is the most expeditious, financially responsible and efficient route to complete the project.

CONTACT PERSON
Leticia Jaurequi, Solid Waste and Recycling Manager, Public Works, (510) 981-6362 Peni Basalusalu, Deputy Director, Public Works, (510) 981-6485

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

CALIFORNIA ENVIRONMENTAL QUALITY ACT COMPLIANCE FOR THE SOLID

WASTE & RECYCLING TRANSFER STATION REPLACEMENT PROJECT CONTRACT

AMENDMENT
WHEREAS, July 24, 2018, City Council authorized retaining a third-party consultant to conduct a Solid Waste & Recycling Transfer Station Feasibility Study with robust and extensive community and business members’ input; and
WHEREAS, November 5, 2019 City Council Work Session, the Council reviewed the two preliminary concepts to provide feedback and direction on the replacement of the Solid Waste & Recycling Transfer Station; and
WHEREAS, February 11, 2020, City Council authorized a Resolution to release a Request for Proposal for California Environmental Quality Act compliance for the Solid Waste & Recycling Transfer Station and subsequently, FirstCarbon Solutions, Inc. was selected as the most responsive and responsible bidder; and WHEREAS, October 13, 2020, City Council authorized Contract No. 32100081 with FirstCarbon Solutions, Inc. for the CEQA compliance for the Solid Waste & Recycling Replacement Project, Resolution No. 69,584 – N. S.; and WHEREAS, November 30, 2021, City Council authorized the amendment of Contract No. 32100081 by Resolution No.70,131-N.S. for a new not-to-exceed amount of $650,000; and;
WHEREAS, Without the replacement of the existing facilities, the City cannot meet its Zero Waste or 2009 Climate Action Plan goals. The existing facilities are beyond their projected and useful life; do not meet today’s environmental permitting requirements and safe operational standards; and
WHEREAS, Funding for this Contract Amendment is necessary to continue moving forward with facility plans and will be appropriated in the FY 2026 adopted budget in Zero Waste Fund 601;
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley authorizing the City Manager to amend Contract No. 32810081 with First Carbon Solutions, Inc. for California Environmental Quality Act (CEQA) compliance for the Solid Waste & Recycling Transfer Station (SW&RTS) Replacement Project increasing the Contract from $650,000 to $725,000.

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
July 8, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Terrance Davis, Director, Public Works
Subject: Contracts: Don’s Tire Service Inc. and Morgan Tire of Sacramento Inc.

RECOMMENDATION
Adopt two Resolutions authorizing the City Manager to:

1. Execute a contract with any amendments with Don’s Tire Service Inc. to provide tire services for a three-year period from August 1, 2025, to August 1, 2028, in an amount not to exceed $400,000, with an option to extend for two additional one- year terms, with service rates to be adjusted annually in accordance with the Consumer Price Index.

2. Execute a contract with any amendments with Morgan Tire of Sacramento Inc. to provide tire services for a three-year period from August 1, 2025, to August 1, 2028, in an amount not to exceed $400,000, with an option to extend for two additional one-year terms, with service rates to be adjusted annually in accordance with the Consumer Price Index.

FISCAL IMPACTS OF RECOMMENDATION
The FY2026 Adopted Public Works Department Equipment Maintenance Fund (672) Budget includes funding for fleet vehicle maintenance, which is inclusive of the cost of tire replacement and repair services for City vehicles. Funding for future years is subject to Council’s approval of the proposed citywide budget for Fiscal Years 2027-2028.

CURRENT SITUATION AND ITS EFFECTS
The current contract for tire repair and replacement services expires on June 30, 2025.

To ensure and avoid disruption in fleet maintenance services, it is necessary to execute a new contract based on the results of the recent competitive solicitation. Tire replacement and repair services are critical to maintaining the safety, reliability, and operational readiness of the City’s fleet.

The City conducted Request for Proposals Specification No. 25-11683-C, with a submission due date of April 10, 2025. The City received two proposals in response.

The selection committee, composed of subject matter experts from Public Works evaluated the proposals.

15

Contract: Don’s Tire Service Inc. and Morgan Tire of Sacramento Inc.

For Tire Replacement and Repair Services CONSENT CALENDAR July 8, 2025

The evaluation criteria used to rate the proposals were as follows: Project Approach (30%), Expertise and References (15%), Cost (25%), and Ability to Perform Services Listed in the Scope of Services (30%). Both Don’s Tire Service Inc. and Morgan Tire of Sacramento Inc. were selected as the highest-scoring vendors.

These contracts will support the City’s fleet and advance the City’s Strategic Plan Priorities of advancing our goal to provide state-of-the-art, well-maintained infrastructure, amenities, and facilities.

BACKGROUND
The City’s fleet includes a wide range of heavy-duty vehicles that operate daily and experience a high rate of tire wear and tear. The Public Works Department has historically spent a significant amount annually on tire services due to the operational demands of its diverse fleet. The requested not-to-exceed amount for each proposed contract is based on previous actual expenditures.

Don’s Tire Service Inc. and Morgan Tire of Sacramento Inc. responded to the Request for Proposal and were selected after submitting the highest-scoring bids. The selected vendors have the adequate staff and equipment necessary to service the City. The new tire repair and replacement services will ensure clear guidelines and standardized prices for tire repair and replacement services, which is a significant expense. Don’s Tire Service Inc. is a Berkeley based business and has provided consistent quality services for the City for many years. Morgan Tire is a new vendor to the City of Berkeley.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The replacement and repair services can have environmental impacts depending on how used tires are managed. The vendors selected follow all applicable environmental regulations regarding tire recycling and disposal per California Public Resources Code (PRC) §§ 42860-42895 Tire Recycling Act and California code of Regulations (CCR), Title 14, Division 7, Chapter 3 Waste Tire Regulations. The proper recycling of tires minimizes landfill waste, supports state sustainability goals, and aligns with CalRecycle’s tire diversion initiatives. The use of new, properly maintained tires can also improve fuel efficiency and reduce emissions.

RATIONALE FOR RECOMMENDATION
The City requires reliable and responsive tire repair and replacement services to maintain the operational readiness of its fleet. With the expiration of the current contract on June 30, 2025, executing new contracts ensures ongoing service and prevents potential disruption to fleet-dependent City operations.

The new tire repair and replacement services contracts will address the City’s needs, along with stabilized costs and fees. The selected tire repair and replacement service providers will be utilized on an as needed basis to ensure that the City has

Contract: Don’s Tire Service Inc. and Morgan Tire of Sacramento Inc.

For Tire Replacement and Repair Services CONSENT CALENDAR July 8, 2025

adequate resources available for vehicle maintenance and repair.

ALTERNATIVE ACTIONS CONSIDERED
The City does not have the resources to repair and replace tires for City vehicles, so there are no viable alternatives at this time to contract services.

CONTACT PERSON
Joy Brown, Operations Manager, (510) 981-6629
Don Colbert, Sr. Equipment Maintenance Supervisor, (510) 981-6467 Sara Rubio, Associate Management Analyst, (510) 981-5372 Attachments:
1: Resolution
2: Resolution

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

CONTRACT: DON’S TIRE SERVICE INC. FOR TIRE REPAIR AND REPLACEMENT

SERVICES
WHEREAS, the City conducted RFP Solicitation No. 25-11683-C with bids due no later than April 10, 2025; and
WHEREAS, the City received two proposals and a selection committee composed of subject matter experts from the Public Works Equipment Maintenance Division, and the Public Works Operations Division, met to evaluate the bids; and WHEREAS, Don’s Tire Service Inc. and Morgan Tire of Sacramento Inc. were selected as the highest scoring vendors; and.

WHEREAS, funding is available in the FY2026 adopted budget in the Equipment Maintenance Fund (Fund 672). Funding for future years is subject to Council’s approval of the proposed citywide budget for Fiscal Years 2027-2028.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a contract and any amendments with Don’s Tire Service Inc. and to provide tire repair and replacement services for three years, from August 1 2025 to August 1, 2028, for an amount not to exceed $400,000 with the option to extend for two additional one-year terms. Rates adjusted annually in accordance with the Consumer Price Index.

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

CONTRACT: MORGAN TIRE OF SACRAMENTO INC. FOR TIRE REPAIR AND

REPLACEMENT SERVICES
WHEREAS, the City conducted RFP Solicitation No. 25-11683-C with bids due no later than April 10, 2025; and
WHEREAS, the City received two proposals and a selection committee composed of subject matter experts from the Public Works Equipment Maintenance Division, and the Public Works Operations Division, met to evaluate the bids; and WHEREAS, Don’s Tire Service Inc. and Morgan Tire of Sacramento Inc. were selected as the highest scoring vendors.

WHEREAS, funding is available in the FY2026 adopted budget in the Equipment Maintenance Fund (Fund 672). Funding for future years is subject to Council’s approval of the proposed citywide budget for Fiscal Years 2027-2028.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a contract and any amendments with Morgan Tire of Sacramento Inc. to provide tire repair and replacement services for three years from August 1 2025 to August 1, 2028 for an amount not to exceed $400,000 with the option to extend for two additional one-year terms. Rates adjusted annually in accordance with the Consumer Price Index.

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
July 8, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Terrance Davis, Director, Public Works
Subject: Contract: Kept Companies Inc. dba Fleetwash Inc. for Vehicle Washing Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Kept Companies Inc., dba Fleetwash Inc., to provide vehicle washing services for a three-year period from July 1, 2025 to July 1, 2028 in an amount not to exceed $300,000, with an option to extend for two additional one-year terms with service rates to be adjusted annually in accordance with the Consumer Price Index.

FISCAL IMPACTS OF RECOMMENDATION
The FY25 Adopted Public Works Equipment Maintenance Fund (Fund 672) Budget has existing funding available to award this agreement.

CURRENT SITUATION AND ITS EFFECTS
The City’s fleet has specialized washing needs of the City’s fleet vehicles because of the potential for environmental contamination due to water runoff of mechanical oils and associated chemical waste. Given this, it is necessary to contract with an outside vendor that can meet required environmental standards and maintain a clean fleet. Kept Companies Inc., dba Fleetwash Inc., was selected for this purpose.

The City conducted Request for Proposals Specification No. 24-11651-C, with proposals due no later than March 26, 2025. The City received two proposals in response. The selection committee, composed of subject matter experts from Public Works, evaluated the bids.

The evaluation criteria used to rate the proposals were as follows: Project Approach (30%), Expertise and References (15%), Costs (25%), and Ability to Perform Services Listed in the Scope of Services (30%). Kept Companies Inc., dba Fleetwash Inc., was selected as the highest-scoring vendor.

This contract will support the City’s fleet and is in alignment with the City’s Strategic Plan, advancing our goal to provide state-of-the-art, well-maintained infrastructure, amenities and facilities.

16

Contracts: Kept Companies Inc. dba Fleetwash Inc. for Vehicle Washing Services CONSENT CALENDAR
July 8, 2025

BACKGROUND
Kept Companies Inc., dba Fleetwash Inc., and SNJ Solutions LLC responded to the Request for Proposals. Kept Companies Inc. was selected after submitting the highest- scoring bid. The selected vendor has the adequate staff and equipment necessary to complete needed work for the City. The new contract will ensure clear guidelines and standardized pricing for vehicle washing services.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The new vehicle washing services will achieve environmental compliance through zero- waste cleaning methods to minimize water runoff and chemical waste. The vendor uses recycled water and a closed-loop water reclamation system. All cleaning agents will be environmentally safe and biodegradable in accordance with California Occupational Safety and Health (Cal/OSHA) Standards, Environmental Protection Agency (EPA) Requirements, and California Regional Water Quality Control Board Regulations.

RATIONALE FOR RECOMMENDATION
The new washing services agreement will address the City’s needs, while stabilizing costs and fees. The new contract will clearly address the legal guidelines and budgeted prices for as-needed vehicle washing services. The selected vehicle washing service provider will be utilized as needed to ensure the City has well-maintained and hygienic vehicles for City vehicle operators.

ALTERNATIVE ACTIONS CONSIDERED
The City does not have the resources to wash City vehicles with recycled water and a closed-loop water reclamation system to minimize water runoff and chemical waste. If this contract is not awarded, Public Works would have to invest in these resources and obtain the training required to perform this function. This is not a feasible or cost effective option with existing staffing and budget allocations.

CONTACT PERSON
Joy Brown, Operations Manager, (510) 981-6629
Don Colbert, Sr. Equipment Supervisor, (510) 981-5372
Sara Rubio, Associate Management Analyst, (510) 981-5372 Attachment:
1: Resolution

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

CONTRACT: KEPT COMPANIES INC. DBA FLEETWASH INC. FOR VEHICLE

WASHING SERVICES
WHEREAS, the City conducted RFB Solicitation No. 24-11651-C with bids due no later than March 26, 2025; and
WHEREAS, the City received two bids and a selection committee composed of subject matter experts from the Public Works Equipment Maintenance Division, and the Public Works Operations Division, evaluated the bids; and
WHEREAS, Kept Companies Inc. dba Fleetwash Inc. was selected as the highest scoring vendor; and
WHEREAS, funding is available in the FY26 baseline Equipment Maintenance budget (Fund 672) and services will be directly billed to the user departments.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a contract and any amendments with Kept Companies Inc. dba Fleetwash Inc. to provide vehicle washing services for three years from July 1, 2025 to July 1, 2028 for an amount not to exceed $300,000 with an option to extend for two additional one-year terms. Rates adjusted annually in accordance with the Consumer Price Index.

Office of the City Manager

CONSENT CALENDAR
July 8, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Terrance Davis, Director, Public Works Department Subject: Contract: Kerex Engineering, Inc. for FY 2025 Drainage Improvements (Specification No. 23-11561-C & 25-11677-C)

RECOMMENDATION
Adopt a Resolution:

1. Approving plans and specifications for the FY 2025 Drainage Improvements Project;

2. Accepting the bid of Kerex Engineering, Inc. as the lowest responsive and responsible bidder; and

3. Authorizing the City Manager to execute a contract and any amendments, extensions, or other change orders until project completion, in accordance with the approved plans and specifications in an amount not to exceed $4,397,236.

FISCAL IMPACTS OF RECOMMENDATION
The construction contract for the FY 2025 Drainage Improvement Project consists of two individual design projects:
1) Wildcat Canyon Drainage Improvements Project and,
2) FY 2024 Storm Drain Improvement Project.

Funding for the projects is available in the approved FY 2026 budget in the funds indicated below. No other funding is required, and no other projects will be delayed due to this expenditure.

Project Clean Storm
Water Fund
(Fund 616)
Measure BB
Sales Tax
(Fund 134)
Wildcat Canyon Road Drainage
Improvements Project
(Specification No. 23-11561-C)
$2,141,009 $200,000
FY 2024 Storm Drain
Improvements Project
(Specification No. 25-11677-C)
$2,056,227 ---

17

Contract: Kerex Engineering for FY 2025 Drainage Improvements CONSENT CALENDAR July 8, 2025
Total construction funding:
$4,397,236 $4,197,236 $200,000
Low bid by Contractor ...........................................................................$3,997,487 10% Contingency .....................................................................................$399,749 Total Not-To-Exceed Construction Cost $4,397,236

CURRENT SITUATION AND ITS EFFECTS
The FY 2025 Drainage Improvements construction contract is comprised of two separate design packages: The Wildcat Canyon Drainage Improvement Project and the FY 2024 Storm Drain Rehabilitation Project. City staff combined the separate design packages into a single construction bid package due to the similar nature of the work and to reduce the administrative work and staff resources required for execution of the work as separate construction contracts.

The FY 2025 Drainage Improvements Project was released for bids on May 9, 2025, and bids were opened on June 3, 2025 (see Attachment 3, Abstract of Bids). 3 bids were received, from a low of $3,997,487 to a high of $4,455,783. Kerex Engineer, Inc. (Kerex) of Martinez, CA, was the lowest responsive and responsible bidder, with a bid of $3,997,487, and their references were found to be satisfactory. Staff recommends a contract for this project be awarded to Kerex. The engineer's estimate for the project was $3,270,000. A combination of increased material and labor costs contributed to higher-than-expected construction bids.

The FY 2025 Drainage Improvements Project supports the City's Strategic Plan goals of providing state-of-the-art, well-maintained infrastructure, amenities.

BACKGROUND
The FY 2024 Storm Drain Rehabilitation Project addresses urgent storm drain infrastructure repairs and drainage improvements at various locations. The project scope includes the rehabilitation of approximately 818 linear feet of storm drain pipes using open-cut excavation and trenchless methods like cured-in-place pipe lining and slip-lining; construction of catch basins and maintenance holes; construction and replacement of curb and gutter to mitigate uncontrolled ground water and storm runoff; and the replacement of approximately 641 linear feet of cross culverts at various locations throughout the City.

The Wildcat Canyon Drainage Improvement Project includes drainage improvements along the entire length of Wildcat Canyon Road within City limits. The project scope includes replacing drainage culverts, rehabilitating inlet structures, and installing energy dissipation at culvert outfalls to mitigate erosion. This project improves the roadway’s resiliency to slides and erosion, prevents the formation of sinkholes caused by failing culverts, and makes the road safer for the public and emergency services vehicles.

Contract: Kerex Engineering for FY 2025 Drainage Improvements CONSENT CALENDAR July 8, 2025
The project has been determined to be categorically exempt from the California Environmental Quality Act (CEQA), per California Code of Regulations, Title 14, Division 6, Article 3, Chapter 3, Article 19, §15301 Existing Facilities, as work consists of repair, maintenance, and minor alteration of existing drainage facilities with negligible or no expansion of existing use. City staff have filed a Notice of Exemption with the Office of Planning and Research and the Alameda County Clerk.

The Living Wage Ordinance does not apply to this project since Public Works construction contracts are, pursuant to City policy, subject to State prevailing wage laws. Kerex has submitted a Certification of Compliance with the Equal Benefits Ordinance. The Community Workforce Agreement applies to this project because its value exceeds $500,000. As a result, the contractor and all subcontractors will be required to sign an agreement to be bound by the terms of the Agreement.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The projects involve rehabilitating existing storm drain pipes to improve their long-term resilience against increasingly intense storms driven by climate change. Ensuring their good repair decreases the chance of breakage. These infrastructure improvements mitigate uncontrolled ground water and storm runoff.

RATIONALE FOR RECOMMENDATION
The City conducted a public bid process and Kerex submitted the lowest, responsive, and responsible bid. The work requires contracted services, as the City does not possess the in-house labor or equipment resources necessary to complete this specialized construction work.

ALTERNATIVE ACTIONS CONSIDERED
No alternative actions were considered for this project. Failure to rehabilitate the aging infrastructure would lead to further degradation and eventual failure, placing public infrastructure and adjacent private property at risk.

CONTACT PERSON
Wahid Amiri, Deputy Director, (510) 981-6396
Ronald A. Nevels, Manager of Engineering, (510) 981-6439 Ricardo Salcedo, Acting Supervising Civil Engineer, (510) 981-6407 Attachments:
1: Resolution
2: Location Map
3: Abstract of Bids

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

CONTRACT: KEREX ENGINEERING, INC. FOR FY 2025 DRAINAGE
IMPROVEMENTS (SPECIFICATION NOS 23-11561-C & 25-11677-C) WHEREAS, the FY 2025 Drainage Improvement Project (Project) is comprised of two sub-projects:
 Wildcat Canyon Road Drainage Improvements (Specification No. 23-11561-C) and  FY 2024 Storm Drain Improvements (Specification No. 25-11677-C); and WHEREAS, the work for Wildcat Canyon Road Drainage Improvements enhances the roadway’s resiliency to slides and erosion, prevents the formation of sinkholes caused by failing culverts, and makes the road safer for the public and emergency services vehicles; and
WHEREAS, the FY 2024 Storm Drain Improvement Project is part of the City’s ongoing Storm Drain Infrastructure Capital Improvement Program to rehabilitate deteriorated storm drain infrastructure and improve drainage; and
WHEREAS, the City has neither the labor nor the equipment necessary to undertake this Project; and
WHEREAS, the Project has been determined to be categorically exempt from the California Environmental Quality Act (CEQA), per California Code of Regulations, Title 14, §15301 Existing Facilities as work consists of repair, maintenance, and minor alteration of existing drainage facilities with negligible or no expansion of existing use; and
WHEREAS, an invitation for bids was duly advertised and Kerex Engineering, Inc., of Martinez, CA was the lowest responsive and responsible bidder; and WHEREAS, funding is available in the FY 2026 budget in the Clean Storm Water (Fund 616) and Measure BB Sales Tax (Fund 134); and
WHEREAS, no other funding is required, and no other project from the Public Works Department will be delayed due to this expenditure.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that Plans and Specifications No. 23-11561-C and 25-11677-C for FY 2025 Drainage Improvements Project are approved.

BE IT FURTHER RESOLVED that the Council of the City of Berkeley authorizes the City Manager to execute a contract and any amendments, extensions, or change orders, until completion of the project in accordance with the approved plans and specifications with Kerex Engineering, Inc. for FY 2025 Drainage Improvements, in an amount not to exceed $4,397,236, which includes a 10% contingency for unforeseen circumstances. A record signature copy of the said Agreement and any amendments to be on file in the Office of the City Clerk.

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

CONSENT CALENDAR
July 8, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Terrance Davis, Director, Public Works
Subject: Contract: Technology, Engineering, and Construction, Inc. for Tank Maintenance, Repairs, and Certification Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a three-year contract and any amendments with Technology, Engineering, and Construction, Inc. doing business as TEC Accutite, to provide underground and aboveground tank maintenance and certification at various City facilities and locations for a total amount not to exceed $200,000 for a three-year term with an option of two one-year extensions, for a maximum term of five years.

FISCAL IMPACTS OF RECOMMENDATION
This contract for tank maintenance and certification will not exceed $200,000. Annual expenditures are anticipated to be approximately $70,000. Funding in the amount of $61,000 is available in FY 2026 adopted budget in the Equipment Maintenance Fund (Fund 672), $6,000 is available in Fire Department General Fund (Fund 011), and $3,000 Library-Tax Fund (Fund 101). This funding will cover required annual inspection and minor repair costs. Additional costs may include dispenser replacement and monitoring system replacement. Additionally, funding will be appropriated for the fiscal years (FY 2027 to FY 2028) in the Equipment Maintenance Fund during the annual budget process.

CURRENT SITUATION AND ITS EFFECTS
The City requires a contractor to provide fuel tank maintenance and certification at various locations on an as-needed basis for both above and underground storage tanks.

This contractor must have the experience, qualifications and capacity to serve as the City’s Designated Underground Storage Tank (UST) Operator and UST Technician. The contract includes the following tank maintenance services: monthly visual inspections; annual compliance inspections/monitoring certification and vapor recovery testing; triennial secondary containment and overfill protection testing; trouble shooting UST or Above Ground Tank (AST) problems; replacement or updating UST/AST equipment; performing minor repairs; provide annual employee training.

18

Contract: Technology, Engineering, and Construction, Inc. for CONSENT CALENDAR Tank Maintenance, Repairs, and Certification Services July 8, 2025

The City outsources these services to ensure that work is done by certified contractors with the appropriate expertise. The previous contract was also with TEC Accutite and has reached its maximum term and a new contract must be executed. Not executing a new contract will lead to non-compliance with Federal, State, and Local tank regulations and may result in subsequent fines and possible site closures.

Current tank locations include:

Public Safety Building (UST)
Zero Waste Transfer Station (UST, AST)
Corporation Yard (UST)
Central Library (UST)
Fire Stations 1-7 (AST)
On February 27, 2025, the City released Request for Proposal (RFP) #25-11712-C for tank maintenance and certification services. The solicitation was open for fifty-four days and the City received one response. As a result of the competitive proposal solicitation that was held for providing tank maintenance and certification services to various city locations and facilities, TEC Accutite was determined to be the most responsive and responsible bidder with pricing within the estimated budget. Extending or reissuing the RFP was not considered as the need for services is critical. Previous RFPs issued for this service received one bid which was TEC Accutite. This purchase will execute a three-year contract for with option to extend by two one-year extensions.

The Tank Maintenance and Certification contract is in alignment with the City’s Strategic Plan, advancing our goal to provide state-of-the-art, well-maintained infrastructure, amenities, and facilities and to be a global leader in protecting the environment.

BACKGROUND
The City requires a vendor who can provide staff that are International Code Council (ICC) certified to perform inspections and repairs on the City’s ASTs and USTs. All work needs to be performed in accordance with Title 23 Chapter 16 section 2715, Rule 461 subsection (e) and all other local, state, and federal regulatory requirements.

Additionally, these contracted services support compliance with regulations of Chapter

6.7 of Division 20 of the California Health and Safety Code, and in Title 23 of the California Code of Regulations which is enforced by the City’s Toxics Management Division.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
State and Federal requirements for environmental compliance and sustainability are put in place to ensure minimal environmental impact from City activities. Public Works addresses these requirements through contracting with vendors like TEC Accutite.

Contract: Technology, Engineering, and Construction, Inc. for CONSENT CALENDAR Tank Maintenance, Repairs, and Certification Services July 8, 2025

Failure to maintain the ASTs or USTs could result in contamination of surface or groundwaters by renewable diesel or used oil.

City employees do not have the required training or equipment to meet all compliance requirements. For this reason, the Public Works Department requires the expertise and services of outside contractors to ensure compliance. At the end of each contract period, the City must execute a new contract to remain in compliance.

RATIONALE FOR RECOMMENDATION
A contractor must be selected, as City staff do not have the equipment, capacity or appropriate training and certifications to ensure that the City complies with all state and federal requirements for underground and aboveground tank maintenance. Selecting a contractor ensures that all state and federal compliance issues are met and the City avoids fines and fees for non-compliance. The selection of a contractor additionally ensures that there are no negative environmental impacts from tanks that have not been appropriately maintained.

ALTERNATIVE ACTIONS CONSIDERED
No other alternative actions were considered due to the nature of the need. The City went out to bid, exercised due diligence in evaluating the bids and satisfied the competitive process. Not executing contracts results in compliance issues and subsequent fines.

CONTACT PERSON
Robert Hernandez, Environmental Compliance Specialist, Department of Public Works (510) 981-6644
Joy Brown, Operations Manager, Department of Public Works (510) 981-6629 Attachments:
1: Resolution
2: Abstract of Bid Worksheet

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

CONTRACT AWARD: TECHNOLOGY, ENGINEERING, AND CONSTRUCTION, INC.,

DBA TEC ACCUTITE, FOR TANK MAINTENANCE, REPAIRS, AND CERTIFICATION

SERVICES
WHEREAS, tank maintenance and certification services are critical for regulatory compliance at various city locations; and
WHEREAS, the City does not have appropriately trained and certified staff to perform these services at these sites, which an outside vendor has traditionally served; and WHEREAS, no City employees are displaced by this contract; and WHEREAS, on February 27, 2025 the City released Request for Proposal #25-11712-C for tank maintenance and certification services. The solicitation was open for fifty-four days and the City received one response; and
WHEREAS, as a result of the competitive proposal solicitation that was held for providing tank maintenance and certification services to various city locations and facilities, TEC Accutite was determined to be the most responsive and responsible bidder; and
WHEREAS, funding in the amount of $61,000 is available in FY 2026 adopted budget in Equipment Maintenance Fund (Fund 672), $6,000 is available in Fire Department General Fund (Fund 011), $3,000 Library-Tax Fund (Fund 101);
WHEREAS, additional funding for unforeseen emergency expenses or planned projects will be appropriated as part of the budget process; and WHEREAS, funding for future fiscal years will be appropriated as part of the annual budget process.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley authorizing the City Manager or designee to execute a contract with Technology, Engineering, and Construction, Inc. doing business as TEC Accutite to provide tank maintenance and certification services at various city facilities and locations for a total not to exceed of $200,000 with an initial three-year term and an option of two (2) one-year extensions for a maximum term of five years.

Finance Department
General Services Division

Bid Recorder:

Bid Opener:

Internal

04 D/2A2T/2E025

2180 Milvia Street, Berkeley, CA 94704 Tel: 510.981.7320 TDD: 510.981.6903 Fax: 510.981.7390 E-mail: [email protected]
04 22 2025
Bidders Local
Vendor WC NF OS SC LW EB O
1 TEC Accutite

2 3
4 5
6 7
8 9
10 City of Berkeley
Abstract of Bid Worksheet

FOR: TANK MAINTENANCE AND CERTIFICATION
Spec. DATE:

Project Manager: R.Hernandez 04D/A23T/E2025

25-11712-C - Abstract
Final Audit Report 2025-04-23

"25-11712-C - Abstract" History
Document created by Roopreet Soorma ([email protected]) 2025-04-22 - 11:28:34 PM GMT

Document emailed to Robert Hernandez ([email protected]) for signature 2025-04-22 - 11:28:37 PM GMT

Document emailed to Sherri Degnan ([email protected]) for signature 2025-04-22 - 11:28:37 PM GMT

Document emailed to Roopreet Soorma ([email protected]) for signature 2025-04-22 - 11:28:38 PM GMT

Email viewed by Sherri Degnan ([email protected])
2025-04-22 - 11:46:55 PM GMT

Document e-signed by Sherri Degnan ([email protected]) Signature Date: 2025-04-22 - 11:47:11 PM GMT - Time Source: server

Email viewed by Roopreet Soorma ([email protected]) 2025-04-23 - 4:42:41 AM GMT

Document e-signed by Roopreet Soorma ([email protected]) Signature Date: 2025-04-23 - 4:42:55 AM GMT - Time Source: server

Email viewed by Robert Hernandez ([email protected]) 2025-04-23 - 2:18:25 PM GMT

Document e-signed by Robert Hernandez ([email protected]) Signature Date: 2025-04-23 - 2:18:58 PM GMT - Time Source: server

Agreement completed.
2025-04-23 - 2:18:58 PM GMT

Created:
2025-04-22
By:

Status:

Transaction ID:

Roopreet Soorma ([email protected])
Signed
CBJCHBCAABAA6E8QS8ln7F0HBJmW5EIDzr1LS1OAAqIT

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
July 8, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Terrance Davis, Public Works, Director
Subject: Contract: United Storm Water, Inc. for On-Call Storm Water Maintenance

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a three-year contract and any amendments with United Storm Water Inc. to provide on-call stormwater maintenance at various City facilities and locations for a total not to exceed of $200,000, with an option of two one-year extensions, for a maximum term of five years.

FISCAL IMPACTS OF RECOMMENDATION
The execution of a contract for on-call storm water maintenance will not exceed $200,000 and includes an initial term of three years with option to extend by two one- year extensions. Funding in the amount of $75,000 is available in the FY2026 adopted budget in the Zero Waste Fund (Fund 601)..

CURRENT SITUATION AND ITS EFFECTS
The City needs additional resources to ensure that required storm water maintenance work is performed by certified contractors with the appropriate expertise. Failure to perform this work will subject the City to regulatory non-compliance, and exposure to fines or other legal actions.

On February 27, 2025, Request for Proposal (RFP) #25-116703-C was released for on- call stormwater maintenance services. The solicitation was open for fifty-four days and the City received one response. As a result of the competitive proposal solicitation, United Storm Water was determined to be the most responsive and responsible bidder.

Extending or reissuing the RFP was not considered as the need for services is time critical. Previous RFPs issued for this service received one or no bids. This authorization will execute a three-year contract with the option to extend by two one- year extensions.

The On-Call Storm Water Maintenance Contract is in alignment with the City’s Strategic Plan Priorities, advancing our goal to provide state-of-the-art, well-maintained infrastructure, amenities, and facilities and be a global leader in protecting the environment.

19

United Storm Water, Inc. for On-Call Stormwater Maintenance CONSENT CALENDAR July 8, 2025

BACKGROUND
The City Transfer Station at 1201 Second Street, collects refuse, construction and demolition debris, green waste, and other materials from the public. It is operated by the Zero Waste Division of Public Works. The Recycling Center at 669 Gilman Street process recyclables from the community. Both sites operate under the National Pollution Discharge Elimination System (NPDES) Industrial Storm Water Permit (Permit). The City needs assistance with supporting best management practices for the sites. The storm water treatment vaults and associated piping, trench drains, and catch basins need to be serviced regularly to support compliance with the Permit.

The City’s Corporation Yard and Public Safety Building also have similar trench drains and catch basins that need to be serviced regularly to remain in compliance. This is not a service that can be done in-house by Public Works, as the department does not have the appropriate materials, equipment or training.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The Public Works Department works to comply with all State and Federal requirements to ensure minimal impact from City activities. Public Works requires the expertise and services of outside contractors to achieve this compliance.

RATIONALE FOR RECOMMENDATION
Contracts for on-call storm water maintenance are critical to ensure that the City meets State and Federal requirements. Further, execution of this services agreement is critical for protecting the waters of the San Francisco Bay.

ALTERNATIVE ACTIONS CONSIDERED
No alternative actions were considered. The City initiated an RFP, exercised due diligence in evaluating the bid respondents, and satisfied the competitive procurement process. Failure to execute this contract may result in non-compliance and possible fines due to the City’s inability to meet state and federal requirements for environmental compliance and sustainability.

CONTACT PERSON
Robert Hernandez, Environmental Compliance Specialist, Public Works (510) 981-6644 Joy Brown, Operations Manager, Public Works (510) 981-6629 Attachments:
1: Resolution
Exhibit A: RFP: Abstract of Bid Worksheet

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

CONTRACT: UNITED STORM WATER, INC. FOR ON-CALL STORMWATER

MAINTENANCE
WHEREAS, stormwater maintenance services are critical for regulatory compliance at various City locations; and
WHEREAS, the City does not have available staff to perform these services at these sites; and
WHEREAS, no City employees are displaced by this contract; and WHEREAS, on February 27th released RFP #25-116703-C for on-call stormwater maintenance services. The solicitation was open for fifty-four days and received one response; and
WHEREAS, as a result of the competitive proposal solicitation that was held for providing on-call stormwater maintenance services to various city locations and facilities United Storm Water was determined to be the most responsive and responsible bidder; and
WHEREAS, funding in the amount of $75,000 is available in the FY2026 adopted budget in the Zero Waste Fund (Fund 601). Funding for future years is subject to Council’s approval of the proposed citywide budget for Fiscal Years 2027-2028.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley authorizing the City Manager to execute a contract with United Storm Water to provide on-call stormwater maintenance services at various city facilities and locations for a total not to exceed of $200,000 for a three-year term with an option of two one-year extensions for a maximum term of five years.

Internal
Finance Department
City of Berkeley
Abstract of Bid Worksheet
FOR: ON-CALL STORMWATER MAINTENANCE SERVICE
General Services Division Spec. DATE:

Bidders Local
Vendor WC NF OS SC LW EBO
1 United Storm Water x x x x x x
2 3
4 5
6 7
8 9
10 Bid Recorder:

Bid Opener:

Project Manager:

Roop Soorma
04 28 2025
DATE
05/01/2025

Internal

25-11703-C - Abstract
Final Audit Report 2025-05-01

"25-11703-C - Abstract" History
Document created by Roopreet Soorma ([email protected]) 2025-04-25 - 7:04:18 PM GMT

Document emailed to Robert Hernandez ([email protected]) for signature 2025-04-25 - 7:04:22 PM GMT

Document emailed to Sherri Degnan ([email protected]) for signature 2025-04-25 - 7:04:22 PM GMT

Document emailed to Roopreet Soorma ([email protected]) for signature 2025-04-25 - 7:04:22 PM GMT

Email viewed by Roopreet Soorma ([email protected]) 2025-04-25 - 7:57:36 PM GMT

Document e-signed by Roopreet Soorma ([email protected]) Signature Date: 2025-04-25 - 7:58:03 PM GMT - Time Source: server

Email viewed by Sherri Degnan ([email protected])
2025-04-28 - 3:58:49 PM GMT

Document e-signed by Sherri Degnan ([email protected]) Signature Date: 2025-04-28 - 3:59:18 PM GMT - Time Source: server

Email viewed by Robert Hernandez ([email protected]) 2025-05-01 - 2:42:48 PM GMT

Document e-signed by Robert Hernandez ([email protected]) Signature Date: 2025-05-01 - 2:43:10 PM GMT - Time Source: server

Agreement completed.
2025-05-01 - 2:43:10 PM GMT

Created:
2025-04-25
By:

Status:

Transaction ID:

Roopreet Soorma ([email protected])
Signed
CBJCHBCAABAATYOpGLN4ghhO3rALxDyFNAQy26E2XdbJ

CONSENT CALENDAR
July 8, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Terrance Davis, Director of Public Works
Subject: Intent to Vacate A Portion of Carleton Street From Westerly Terminus Extending 381.23 Feet Easterly

RECOMMENDATION
Adopt a Resolution declaring intent to vacate a 381.23-linear-foot (27,449 square foot) portion of the public right-of-way on Carleton Street, located at the westerly terminus of Carleton Street, and conveying the City's interests in the vacated right of way to Bayer Healthcare LLC ("Bayer") for the purposes of relieving the City of associated maintenance costs and improving Bayer’s site circulation and security.

FISCAL IMPACTS OF RECOMMENDATION
There is no negative fiscal impact from this street vacation. Bayer has paid the appropriate fees related to processing this street vacation. In addition, the proposed street vacation is anticipated to reduce long-term City maintenance and public service costs, and increase property tax revenue due to an increase of the Bayer site.

CURRENT SITUATION AND ITS EFFECTS
The 381.23-linear-foot segment of Carleton Street proposed for vacation, as described in Exhibit A (attached) and shown on Exhibit B (attached), is a dead-end right-of-way providing access for the MacAulay Foundry site. Bayer recently acquired the Foundry and now owns all property adjacent to the subject portion of the roadway, including on the north, south, and west sides of the subject roadway segment. The segment does not provide access through the Bayer site.

Vacating this segment would eliminate the City's responsibility for ongoing maintenance of a segment by providing street access to solely one property owner, while also allowing Bayer to move the effective western terminus of Carleton Street eastward to improve site circulation and security. Bayer has committed to preserving emergency access through the subject Carleton Street segment.

Office of the City Manager

20

BACKGROUND
On December 31, 2024, Bayer acquired the former Macaulay Foundry at 811 Carleton Street with the intent of incorporating the site into the broader Bayer Campus (where integration of operations on the Foundry parcel into the larger Bayer campus would occur by a separate discretionary approval process). As part of this integration, Bayer submitted a request to vacate the dead-end portion of Carleton Street adjacent to the site to improve internal circulation and enhance facility security.

Pursuant to Division 9, Part 3, Chapter 3 of the California Streets and Highways Code, a local agency may vacate a public right-of-way of a street or highway when the street is unnecessary for present or prospective public street uses.

The City has approved similar street vacations in past years in West Berkeley, including portions of Carleton Street, Parker Street, and Fourth Street as these roads once extended through the Bayer campus. City staff reviewed the current request and determined that the subject segment of Carleton Street meets the criteria for vacation under the Streets and Highways Code, and that the public street segment no longer serves a broader transportation function.

With respect to utilities, Bayer has agreed that the City of Berkeley and utility providers including but not limited to Pacific Gas & Electric Company (PG&E), East Bay Municipal Utility District (EBMUD), and American Telephone and Telegraph Company (AT&T) which have utilities within the Carleton Street right of way, will preserve their rights to maintain, repair, and perform other activities related to their utility infrastructure.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no negative environmental, sustainability, and climate impacts to the proposed street vacation. Reducing Carleton Street by approximately 381 feet decreases the amount of right of way available to motor vehicles, a significant number of which would be gasoline powered automobiles and associated pollutants they emit.

Similarly, maintenance activities that may have negative environmental impacts, such as street repaving and concrete sidewalk replacement, would be reduced.

RATIONALE FOR RECOMMENDATION
The Public Works Department has reviewed the proposed vacation pursuant to the California Streets and Highways Code §§ 8320, 8322, 8323, 8324, and determined that the segment is "unnecessary for present or prospective public use." This segment of the right-of-way is not identified as (1) a major, collector, or local residential street in the General Plan; (2) in the Bicycle Plan as a current or future part of the City's bicycle network; (3) as a primary or secondary transit route; or (4) as an emergency evacuation route. In addition, this portion of Carleton Street affords access to only Bayer's campus, and the vacation of this portion of the street is similar to others the City has adopted in the immediate area in connection with Bayer's campus.

Staff also determined that the vacation will not impact emergency services or utility access. Bayer has agreed that the proposed western terminus of Carleton Street will

remain accessible for emergency access at the street's new westerly terminus point, as Bayer does on Parker Street.

Utility access will be maintained as said vacation shall accept and reserve therefrom, pursuant to Section 8340 of the California Streets and Highways Code, and for the benefit of the City of Berkeley, and utility agencies such as PG&E, EBMUD, and AT&T, the easement and right at any time or from time to time to construct, maintain, operate, replace, remove, renew and enlarge line of pipe, conduits, cables, poles, wires and other convenient structures, equipment and fixtures for the operation of communication lines, electrical transmission distribution lines, natural gas lines, water lines, sanitary and storm sewers, and other communication facilities, including access and the right to keep the property free from inflammable material and wood growth and protect the same from all hazards, in, upon, over and across the portion of Carleton Street so vacated and abandoned.

Approval of this vacation allows the City to avoid substantial maintenance costs on a segment of Carleton Street that currently provides access to only one property owner (Bayer), and supports economic development objectives by allowing Bayer, in the future, to integrate and secure its manufacturing and research operations, including biopharmaceutical and therapeutic innovation facilities.

ALTERNATIVE ACTIONS CONSIDERED
The alternative course of action is to deny vacation if a reason for the continued existence of this segment of Carleton Street is justified. Since the road is a dead-end, and has no further purpose as a public street, this portion of the right-of-way is unnecessary for present or prospective street purpose and is unusable for a bicycle path.

CONTACT PERSON
Ronald A. Nevels, Manager of Engineering, Engineering Division (510) 981-6439 Vincent Chen, Supervising Civil Engineer, Engineering Division (510) 981-6409 Attachment:
1: Resolution
Exhibit A: Street Vacation Area Legal Description
Exhibit B: Street Vacation Area Plat

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

INTENT TO VACATE A PORTION OF CARLETON STREET FROM WESTERLY TERMINUS EXTENDING 381.23 FEET EASTERLY
WHEREAS, the vacation of Carleton Street from its westerly terminus extending 381.23 feet easterly is necessary in order to achieve the full public and private benefits to the City and adjacent property owner (Bayer Corporation); and
WHEREAS, that segment of Carleton Street to be vacated is as described in the attached Legal Description (Exhibit A) and Plat (Exhibit B); and NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Berkeley declares intention to vacate the aforesaid portion of Carleton Street in accordance with Division 9, Part 3, Chapter 3 of the California Streets and Highways Code, subject to agreement between the City and Bayer Corporation regarding certain conditions to be fulfilled by Bayer.

BE IT FURTHER RESOLVED that a public hearing of the City Council be held to consider this matter on July 22, 2025 and the City Clerk is directed to give all necessary notice.

Exhibits
A: Street Vacation Area Legal Description
B: Street Vacation Area Plat

March 5, 2025
EXHIBIT “A”
VACATION DESCRIPTION
CARLETON STREET

A L L  O F  T H A T  R E A L  P R O P E R T Y  S I T U A T E  I N  T H E  C I T Y  O F  B E R K E L E Y ,  A L A MEDA  COUNTY,  STATE  OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEING  A  PORTION  OF  CARLETON  STREET,  AS  SAID  STREET  BEING  LABELED  AS  CARLTON  STREET  AND SHOWN ON THE “MAP OF BYRON JACKSON IRON WORKS PROPERTY” FILED O N JULY 14TH, 1909 IN BOOK 24 OF MAPS AT PAGE 84, ALAMEDA COUNTY RECORDS, STATE OF CALIFORNIA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING  A T  T H E  I N T E R S E C T I O N  O F  T H E  N O R T H E R L Y  R I G H T  O F  W A Y  L I N E  O F  C A R L ETON  STREET WITH THE WESTERLY RIGHT OF WAY LINE OF 7 TH STREET AS SHOWN ON SAID “MAP OF BYRON JACKSON IRON WORKS PROPERTY”;  THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE OF CARLETON STREET, SOUTH 72°14'00" WEST 240.54 FEET, TO THE EASTERLY LINE OF THE PARCEL OF LAND DESCRIBED IN THE D E E D  T O  J O H N  A L L E N  A N D  K E N  D A V I D ,  R E C O R D E D  MARCH  18,  2004 AS  DOCUMENT  NUMBER  2004‐ 113321,  SAID  POINT  ALSO  BEING  THE  POINT  OF  BEGINNING ;  THENCE  CONTINUING  ALONG  THE N O R T H E R L Y  R I G H T  O F  W A Y  L I N E  O F  CA R L E T O N  S T R E E T ,  SOUTH  72°14'00"  WEST  381.23  FEET,  TO  THE WESTERLY RIGHT OF WAY LINE OF CARLETON STREET AS DESCRIBED IN O RDINANCE 6618‐N.S., CITY OF BERKELEY,  ALAMEDA  COUNTY;  THENCE A L O N G  S A I D  W E S T E R L Y  R I G H T  O F  W A Y  L I N E  O F  C A R L E T O N STREET, SOUTH 17°46'00" EAST 72.00 FEET, TO THE SOUTHERLY LINE OF THE RIGHT OF WAY OF CARLETON STREET; THENCE ALONG THE SOUTHERLY RIGHT OF WAY LINE OF CARLETON STREET,  SOUTH 72°14'00" WEST 381.23 FEET, TO A POINT WHICH WO ULD BE INTERSECTED BY A LINE D RAWN SOUTHERLY AND AT RIGHT ANGLE FROM THE POINT OF  BEGINNING, SOUTH 17°14’00 EAST 72 .00 FEET; THENCE NORTHERLY ALONG SAID LINE TO THE POINT OF BEGINNING.

CONTAINING AN AREA OF 27,449 SQUARE FEET, MORE OR LESS.

ATTACHED HERETO IS A PLAT ENTITLED EXHIBIT “B” FOR REFERENCE ONLY.

END OF DESCRIPTION

PREPARED BY:

_______________________                             M a r c h   5 ,   2 0 2 5 V I N C E N T   J .   D ’ A L O                          D A T E LS 4210

CARLETON STREET
7TH STREET

CARLETON STREET
Civil Engineers
Traffic Engineers
Surveyors
Aliquot Associates, Inc.
1390 S. Main St. - Ste. 310
Walnut Creek, CA 94596
Telephone: (925) 476-2300
Fax: (925) 476-2350

EXHIBIT B
LEGEND

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
July 8, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Terrance Davis, Director, Public Works
Subject: Purchase Order: SCL, Safety-Kleen Systems Inc. and Lube Buster Inc. for Vehicle Lubricant Materials

RECOMMENDATION
Adopt three Resolutions authorizing the City Manager to:

1. Execute a purchase order with SCL to provide vehicle lubricant materials for a three-year period from August 1, 2025 to August 1, 2028, in an amount not to exceed $140,000 with an option to extend for two additional one-year terms, with an annual service rates to be adjustment in accordance with the Consumer Price Index.

2. Execute a purchase order with Safety-Kleen Systems Inc. to provide vehicle lubricant materials for a three-year period from August 1, 2025 to August 1, 2028, in an amount not to exceed $140,000 with an option to extend for two additional one-year terms, with an annual service rates adjustment in accordance with the Consumer Price Index.

3. Execute a purchase order with Lube Buster Inc. to provide vehicle lubricant materials for a three-year period from August 1, 2025 to August 1, 2028 in an amount not to exceed $140,000, with an option to extend for two additional one- year terms, with an annual rates adjustment in accordance with the Consumer Price Index.

FISCAL IMPACTS OF RECOMMENDATION
The FY25 Adopted Public Works Department Equipment Maintenance (Fund 672) Budget includes funding for the of purchase of vehicle lubricants for City vehicles the in the amount of $46,667. Funding for future years is subject to Council’s approval of the proposed citywide budget for Fiscal Years 2027-2028.

21

Purchase Order: SCL, Safety-Kleen, and Lube Buster Inc. for Vehicle Lubricant Materials CONSENT CALENDAR
July 8, 2025

CURRENT SITUATION AND ITS EFFECTS
Vehicle lubricants are essential to the City’s ability to maintain and operate its fleet of vehicles, including those used for emergency response, refuse collection, and critical infrastructure maintenance. Vehicle lubricants must be regularly replenished to prevent engine damage and ensure compliance with manufacturer preventative maintenance schedules. Establishing multi-year agreements guarantees the City access to reliable supply chains and helps stabilize costs in a volatile petroleum-based product market.

The City conducted Invitation to Bid Specification No. 25-11682-C, with proposals due no later than April 11, 2025. The City received three proposals in response. The selection committee, composed of subject matter experts from the Public Works Department, evaluated the proposals and reported that all three had competitive rates within the City’s budgeted needs.

These purchase orders will support the City’s fleet and are in alignment with the City’s Strategic Plan Priorities, advancing our goal to provide state-of-the-art, well-maintained infrastructure, amenities, and facilities.

BACKGROUND
Historically, the City has procured vehicle lubricants from a combination of contracted vendors and open-market purchases. On average, the City’s fleet uses approximately 1,000 to 1,200 gallons of vehicle lubricants per year to service City fleet assets. These vehicle lubricants are a vital part of regular preventative maintenance requirement.

Standardizing this purchase through formal contracts allows for better cost control, inventory planning, and compliance with equipment manufacturer specifications. SCL, Safety-Kleen Systems Inc. and Lube Buster Inc. responded to the Invitation to Bid and were selected after submitting the highest-scoring bids. The selected vendors have the materials needed to service the City. New vehicle lubricant materials vendors will ensure clear guidelines and standardized prices for vehicle lubricant materials, which is a significant expense for the Public Works Department.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Vehicle lubricants are disposed of in accordance with regulations enforced by the California Department of Toxic Substances Control (DTSC) under California Health and Safety Code (HSC) and Title 22 of the California Code of Regulations (CCR). All waste oil and related fluids are collected by certified haulers and processed through appropriate hazardous waste channels. As the City continues to modernize its fleet, including the integration of more electric vehicles and higher-efficiency low emission engines, overall lubricant usage is expected to gradually decrease over time. However, ongoing demand remains high due to the existing number of heavy-duty and internal combustion vehicles still in operation.

RATIONALE FOR RECOMMENDATION
These fleet vehicle lubricant material purchase orders will address the City’s needs

Purchase Order: SCL, Safety-Kleen, and Lube Buster Inc. for Vehicle Lubricant Materials CONSENT CALENDAR
July 8, 2025

and stabilize costs and fees. The selected vehicle lubricant service providers will be utilized as needed to ensure the City has adequate resources available for vehicle maintenance and repair.

ALTERNATIVE ACTIONS CONSIDERED
None. The City does not have the ability to directly provide vehicle lubricants for City vehicles and is reliant on third parties to supply these materials on a on contract basis.

CONTACT PERSON
Joy Brown, Operations Manager, (510) 981-6629
Don Colbert, Sr. Equipment Maintenance Supervisor, (510) 981-6467 Sara Rubio, Associate Management Analyst, (510) 981-5372 Attachments:
1: Resolution: SCL
2: Resolution: Safety-Kleen Systems Inc.
3: Resolution: Lube Buster Inc.

July 8, 2025
RESOLUTION NO. ##,###-N.S.

PURCHASE ORDER: SCL FOR VEHICLE LUBRICANT MATERIALS
WHEREAS, the City conducted ITB Solicitation No. 25-11682-C with bids due no later than April 11, 2025; and
WHEREAS, the City received three (3) proposals and a selection committee composed of subject matter experts from the Public Works Department, met to evaluate the bids; and
WHEREAS, SCL to provide vehicle lubricant materials was selected as one of the highest scoring vendors.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a purchase order with SCL to provide vehicle lubricant materials for three (3) years from August 1, 2025 to August 1, 2028 for an amount not to exceed $420,000, with the option to extend for two (2) additional one-year terms, with a provision for the respective service rates in each separate agreement to be adjusted annually in accordance with the Consumer Price Index.

July 8, 2025

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

PURCHASE ORDER: SAFETY-KLEEN SYSTEMS INC. FOR VEHICLE LUBRICANT

MATERIALS
WHEREAS, the City conducted ITB Solicitation No. 25-11682-C with bids due no later than April 11, 2025; and
WHEREAS, the City received three (3) proposals and a selection committee composed of subject matter experts from the Public Works Equipment Maintenance Division, and the Public Works Operations Division, met to evaluate the bids; and WHEREAS, Safety-Kleen Systems Inc. to provide vehicle lubricant material was selected as one of the highest scoring vendors.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a purchase order with Safety-Kleen Systems Inc. to provide vehicle lubricant materials for three (3) years from August 1, 2025 to August 1, 2028 for an amount not to exceed $420,000, with the option to extend for two (2) additional one-year terms. Rates adjusted annually in accordance with the Consumer Price Index.

July 8, 2025

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

PURCHASE ORDER: LUBE BUSTER INC. FOR VEHICLE LUBRICANT MATERIALS WHEREAS, the City conducted ITB Solicitation No. 25-11682-C with bids due no later than April 11, 2025; and
WHEREAS, the City received three (3) proposals and a selection committee composed of subject matter experts from the Public Works Equipment Maintenance Division, and the Public Works Operations Division, met to evaluate the bids; and WHEREAS, Lube Buster Inc. to provide vehicle lubricant material was selected as one of the highest scoring vendors.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a purchase order with Lube Buster Inc. to provide vehicle lubricant materials for three (3) years from August 1 2025 to August 1, 2028 for an amount not to exceed $420,000, with the option to extend for two (2) additional one- year terms. Rates adjusted annually in accordance with the Consumer Price Index.

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
July 8, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Terrance Davis, Director, Public Works
Subject: Reinstating Street Sweeping on the 2900 Block of Regent Street

RECOMMENDATION
Adopt a Resolution to reinstate mechanical street sweeping on the 2900 block of Regent Street, between Russell Street and Webster Street, in response to a community member petition per recommendation by the City’s Transportation and Infrastructure Commission.

FISCAL IMPACTS OF RECOMMENDATION
The cost of implementing this change would be a one-time expense of $1,624 for the cost of labor and materials for signage on the 2900 block of Regent Street. Funding is available in the City’s adopted Public Works Department General Fund (Fund 011) budget for this expenditure. This cost will be offset long-term by potential parking tickets assessed by the City’s Parking Enforcement Division for vehicles illegally parked during street sweeping hours.

CURRENT SITUATION AND ITS EFFECTS
The Department of Public Works is responsible for mechanical street sweeping services for the City streets. However, there are several streets and blocks throughout the City that do not receive sweeping services, either due to the street being too narrow, lacking curb ad gutter, or if residents have previously opted out of service. The 2900 block of Regent Street is not in the existing sweeping program due to opting out of this service in 1987.

In January 2025, residents of the 2900 block of Regent Street submitted a petition asking that sweeping services to be reinstated. Per City policy, blocks requesting to be included in street sweeping must submit a petition signed by two-thirds of residents on the block. This threshold was met by the residents of the 2900 block of Regent Street in the petition submitted to the City.

On May 15, 2025, the City’s Transportation and Infrastructure Commission reviewed the request by the 2900 block of Regent Street and recommended it to Council for approval.

22

Reinstating Street Sweeping on 2900 Block of Regent Street CONSENT CALENDAR July 8, 2025

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

BACKGROUND
On October 6th, 1987, the City adopted Resolution No. 54,513-N.S., amending Resolution No. 36,574-N.S., which established a regular street sweeping schedule and mandatory parking enforcement for the City’s Street Sweeping Program. At the time, blocks were allowed to opt-out of program. The 2900 block of Regent Street opted out at this time.

Reinstating mechanical street sweeping necessitates implementing alternative side of street parking regulations two days per month, a potential revenue source for the City.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Mechanical street sweeping is a critical part of the City’s compliance with the Municipal Regional Stormwater and National Pollution Discharge Elimination System (NPDES) Permit, also known as the Municipal Regional Permit (MRP). The MRP requires the City to control the level of pollutants and trash flowing into local waterways and the San Francisco Bay via the City’s storm drainage system. Mechanical street sweeping is an important control measure for preventing sediment-bound pollutants of concern such as polychlorinated biphenyls, from entering the City’s storm drains.

Mechanical street sweeping is also an MRP recognized management action for reducing the amount of trash entering waterways. Street sweeping helps to prevent litter from entering the City’s storm drainage system. Furthermore, as required by the MRP, the Public Works Department has installed Full Trash Capture Devices (FTCDs) in many catch basins throughout the City. Street sweeping prevents trash from getting caught in the FTCDs, reducing the maintenance that staff perform on the devices.

RATIONALE FOR RECOMMENDATION
Residents of the 2900 block of Regent Street reached the signature threshold for reinstating street sweeping.

ALTERNATIVE ACTIONS CONSIDERED
The City could refuse to implement street sweeping at this location. If that were to occur, there may be potential lost revenue from future ticketing and the location would continue to be less clean than others in the immediate vicinity that do have street sweeping services, adding to the potential for the City to be out of MRP compliance.

CONTACT PERSON
Peni Basalusalu, Deputy Director, Public Works, (510) 981-6485 John Hurtado, Streets and Utilities Superintendent, Public Works, (510) 981-6484 Tucker Brofft, Senior Management Analyst, Public Works, (510) 981-5375

Reinstating Street Sweeping on 2900 Block of Regent Street CONSENT CALENDAR July 8, 2025

Attachments:
1: Resolution
Exhibit A: Communication to Council regarding 2900 block of Regent Street Sweeping- May 2025
Exhibit B: Street Sweeping Petition for 2900 block of Regent Street

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

REINSTATING STREET SWEEPING ON 2900 BLOCK OF REGENT STREET WHEREAS, Public Works Streets and Utilities Division provides mechanical street sweeping services for the City; and
WHEREAS, on October 6th, 1987, the City adopted Resolution No. 54,513-N.S., which amended Resolution No. 36,574-N.S., which set a regular street sweeping schedule and mandatory parking enforcement for the City’s Street Sweeping Program; and WHEREAS, the 2900 block of Regent Street opted-out of street sweeping services in the late 1980’s; and
WHEREAS, in January 2025, residents of the 2900 Regent Street block submitted a petition asking for sweeping services to be added to the block which passed the signature threshold set by the City; and
WHEREAS, on May 15, 2025, the City’s Transportation and Infrastructure Commission reviewed the opt-in request by the 2900 Regent Street block and recommended it to City Council for approval; and
WHEREAS, funding for this sweeping service addition is available in the City’s General Fund (Fund 011).

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that it adopts a Resolution to approve mechanical street sweeping be reinstated on the 2900 Block of Regent Street, between Russell Street and Webster Street, per recommendation by the City’s Transportations and Infrastructure Commission.

Exhibits
A: Communication to Council regarding 2900 block of Regent Street Sweeping May 2025
B: Street Sweeping Petition for 2900 Block of Regent Street

Commission Secretary: Wahid Amiri, Deputy Director, Public Works 1947 Center St., 4th Floor, Berkeley, CA, 94704
Telephone (510) 981-7010/ Fax: (510) 981-7060 / TDD: (510) 981-6903 Email: transportation@berkeleyca,gov

TRANSPORTATION and INFRASTRUCTURE

COMMISSION

COMMUNICATION TO COUNCIL

Date: May 23, 2025
To: Mayor and Members of Council via [email protected] From: Wahid Amiri, Transportation and Infrastructure Commission Secretary Subject: Mechanical Street Sweeping Opt-In Request: 2900 block of Regent Street The Transportation and Infrastructure Commission took the following action at their May 15, 2025 meeting regarding an opt-in request for mechanical street sweeping on the 900 block of Regent Street:

Action: It was Moved / Seconded (Leung / Hothi) to recommend to the City Council that they approve reinstating the 2900 block of Regent Street, between Russell Street and Webster Street to the Mechanical Sweeping Route; implement alternate side of the street parking regulations two days per month to facilitate reinstating the Mechanical Street Sweeping here; and, allocate funding if needed for sign production and installation.

Vote:

Ayes: Hothi. Leung, Lutzker. Zaro
Noes: None
Abstain: None

Absent: Moss, Scheider
Excused: Walton
Recused: None
Motion passed: 4-0-0-2-1-0
If you have any questions, please do not hesitate to contact the Transportation and Infrastructure Commission through the Commission Secretary, Wahid Amiri at wamiriberkeleyca.gov.

Mental Health Commission
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
July 8, 2025
To: Honorable Mayor and Members of the City Council
From: Mental Health Commission
Submitted by: Ajay Krishnan, Chairperson, Mental Health Commission Subject: Appointment of Patricia Fontana-Narell to the Mental Health Commission

RECOMMENDATION
Adopt a resolution approving the recommendation for appointment of Patricia Fontana- Narell to the Mental Health Commission. Patricia Fontana-Narell will be a representative of the Special Public Interest Category, family member, beginning her 3-year term on July 9, 2025 and end on July 8, 2028.

FISCAL IMPACTS OF RECOMMENDATION
None.

CURRENT SITUATION AND ITS EFFECTS
The Mental Health Commission is authorized to be composed of thirteen members.

However, there are presently four vacancies on the Commission. The Mental Health Commission is actively seeking candidates with the ability to fulfill the state law duties for Commissioners, including reviewing and evaluating the community’s needs, services, facilities and special problems.

Approval of the recommended action will fill a vacancy and allow the Commission to move one step closer to having a full complement of commissioners to review and evaluate the community’s mental health needs, resources and programs.

BACKGROUND
California State law requires that appointments to the Mental Health Commission meet specific categories, who may serve up to nine years consecutively. Patricia Fontana-Narell meets the category of special interest, family. The general public interest category may include anyone who has an interest in and some knowledge of mental health services. The special public interest category includes direct consumers of public mental health services and family members of consumers, which together must constitute at least fifty percent or seven of the commission seats. Direct consumers and family members shall each constitute at least 20% of the commission membership.

23

Appointment of Patricia Fontana-Narell to the MHC CONSENT CALENDAR July 8, 2025

The Mental Health Commission recommends Patricia Fontana-Narell as a representative of the special interest appointment on the Mental Health Commission for the city of Berkeley for a three-year term. Patricia is a retired architect and a parent to a Berkeley Mental Health Client. She has been involved in advocacy in Berkeley, co-founded a group, “Voices of Mother”, spearheaded to get assisted outpatient treatment adopted by the Board of Supervisors in Alameda County and on the steering committee for FASMI (Families Advocating for the Seriously Mentally Ill).

Patricia is concerned about the lack of housing support, understaffing at Berkeley Mental Health and laws and policies that make it difficult to access care early on.

She would like to incorporate family advocates into case management teams and advocate for equity and diversity within the system.

The Mental Health Commission passed the following motions at the April 30, 2025 Special meeting:

Interview and vote for new applicant – Patricia Fontana-Narell M/S/C (Gu, Turner) Motion to accept Patricia Fontana–Narell’s application to send to city council
PASSED
Ayes: Gu, Opton, Sol, Teague, Turner; Noes: None; Abstentions: None; Absent:

Jones, Krishnan, Tregub, Prichett

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

RATIONALE FOR RECOMMENDATION
Approval of the recommended action will allow the Mental Health Commission to move one step closer to having a full complement of commissioners to review and evaluate the community’s mental health needs, resources, and programs.

ALTERNATIVE ACTIONS CONSIDERED
None.

CITY MANAGER
The City Manager concurs with the content and recommendations of the Commission’s Report.

CONTACT PERSON
Jamie Works-Wright, Commission Secretary, HHCS, 510-981-7721 Attachments:
1: Resolution

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

APPOINTMENT OF PATRICIA FONTANTA-NARELL TO THE MENTAL HEALTH

COMMISSION
WHEREAS, membership of the Mental Health Commission is composed of thirteen appointments by the City Council as a whole, including one appointment by the Mayor (or designee), seven special public interest appointments, and five general public interest appointments; and
WHEREAS, with the ongoing implementation of the Mental Health Services Act, the City of Berkeley will need to have a full complement of appointees to the Commission to review and evaluate the community's mental health needs, resources, and programs and to fulfill its mandate; and
WHEREAS, Patricia Fontana-Narell has been involved in
advocacy in the county and
City of Berkeley for mental health needs and supporting family members; and WHEREAS, The Mental Health Commission at its April 30, 2025 Special meeting recommended the appointment of Patricia Fontana-Narell.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council appoints Patricia Fontana-Narell as a representative of the Special Interest category, family member to complete her first term ending July 8, 2028.

CONSENT CALENDAR
July 8, 2025
To: Honorable Mayor and Members of the City Council
From: Councilmember Terry Taplin (Author), Councilmember Brett Blackaby (Co-Author), Councilmember Igor Tregub (Co-Sponsor), and Mayor Adena Ishii (Co-Sponsor) Subject: Letter in Support of Continued Funding for Berkeley

RECOMMENDATION
Adopt a letter in support of expanding funding for the Berkeley Rides for Seniors & The Disabled (BRSD) to continue open enrollment for Berkeley residents and distribute to Supervisor Nikki Fortunato Bas,

FISCAL IMPACTS OF RECOMMENDATION
None.

CURRENT SITUATION AND ITS EFFECTS
In June of 2007 Berkeley launched a program with financial support from Alameda county to subsidize mobility services for senior and the disabled residents of Berkeley. The program allotted monthly stipends to pay for private transportation options. Participants in this program have used it for the better part of two decades and have relied on the program to travel to and from doctor's appointments, attend events and outings, and continue to live an active life in the Berkeley community.

Costs of transportation with less mobility can appear in exorbitant and unexpected ways. While driving on its own can be expensive, the additional costs of adapting a vehicle for driver’s without motor functions in their legs always carry additional expenses. Basic hand controls generally cost a minimum of $2,7001 for the most basic of accessibility and can run ten times that for more intuitive controls. This case is under the assumption somebody can still use a car. A wheelchair-accessible van can run $80,000 for a new vehicle modified with adaptive equipment2.

While public transit can be more cost effective purchasing a vehicle, it only works if places somebody needs to go are near transit. Living near transit comes at a premium3 and there can be additional costs to find a space that has the necessary infrastructure to accommodate somebody 1https://www.unitedaccess.com/us/en/mobility-products/wheelchair-vehicle-driving-aids/primary-hand- controls-for-cars-wheelchair-vans.html#accordion-fe08847b72-item-a952e88cf3 2https://www.nhtsa.gov/vehicle-safety/adapted-vehicles
3https://www.hcd.ca.gov/policy-and-research/intersectional-policy-work/housing-and- transportation#:~:text=Housing%20near%20transit%20is%20in%20high%20demand%2C,average%20th an%20similar%20homes%20further%20from%20transit.

24

CONSENT CALENDAR
July 8, 2025
with mobility needs. Households containing an adult with a work-disability are estimated to require, on average, 28 percent more income. 4
The Center for Independent Living opened in 1972 was the first independent living center in the country, organized and operated by persons with disabilities. It has operated for 50 years in Berkeley and has continued to advocate and upload disability rights to a high standard of living.

Ed Roberts, the founder of the Independent Living Movement lived and advocated for disabled rights in the City from 1962 when he was admitted to UC Berkeley to his death in 1995.

Sixteen percent of Berkeley is made up of people over 65. As they continue to age, staying mobile in the community helps improve long term health outcomes as well. These residents also tend to live disproportionately in North Berkeley and the Berkeley Hills where there is less accessible public transportation. Many senior Berkeley residents are on a fixed income and as such additional support can be a lifeline in months where that amount does not go as far.

Having a program that supports seniors and disabled transportation programs ensures that we are able to create more access to the city and to the resources people need. The program has been historically funded by the county. Given the situation of the Berkeley budget, the county should continue to fund this program.

BACKGROUND
In March of 2025, city staff announced that BRSD would reduce distribution frequency and amounts. This would reduce the total amount allocated annually by 48%. The program enrollment will be held at 1,650. Only allowing people to join the program once others leave.

This reduction of service and flatline of new offerings leaves the vast majority of eligible residents who did not hear about the program in its early days unable to receive benefits.

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

RATIONALE FOR RECOMMENDATION
Berkeley is committed to equitable and considerate programs to assist those who are most in need.

CONTACT PERSON
Terry Taplin, Councilmember, District 2, (510) 981-7120, [email protected] Attachments:
1: Letter to Supervisor Fortunato Bas
2: Operational Changes to Berkeley Rides for Seniors & the Disabled (BRSD) from Paul Buddenhagen, City Manager
4https://www.nationaldisabilityinstitute.org/wp-content/uploads/2020/10/extra-costs-living-with-disability- brief.pdf

[email protected] | 510-981-7120 | 2180 Milvia Street, Berkeley, CA 94704 www.terrytaplin.com | @councilmember_terry_taplin | @taplinterry April 23, 2025
Supervisor Nikki Fortunato Bas, Alameda County Board of Supervisors 1221 Oak Street, Suite 536, Oakland, CA 94612
RE: Berkeley Rides for Seniors & the Disabled
Dear Supervisor Fortunato Bas,
I am writing to respectfully urge your continued support and funding for the Berkeley Rides for Seniors & Disabled (BRSD) program, which plays a vital role in ensuring mobility, independence, and access to essential services for hundreds of our community’s most vulnerable residents.

The BRSD program provides subsidized transportation options—including taxi, wheelchair van, and on- demand ride services—for low-income seniors and people with disabilities in Berkeley. These services are crucial for those who cannot access transportation through Medi-Cal or other programs, and who may otherwise be isolated from necessary medical care, social services, or daily needs.

Berkeley has long been a national leader in advancing the rights of people with disabilities. From the birth of the disability rights movement on the UC Berkeley campus to the establishment of the nation’s first Center for Independent Living, our city has consistently championed policies that break down barriers and promote full civic participation for all residents. The BRSD program continues in that proud tradition by removing transportation as a barrier to independence and dignity for our disabled neighbors.

Berkeley is also committed to supporting older adults in aging in place. Our policies and programs aim to ensure that seniors can remain in their homes and communities safely, independently, and comfortably.

Transportation is a cornerstone of that vision—without it, aging in place becomes untenable. By funding BRSD, we uphold our promise to make Berkeley a city where people can grow older without sacrificing their mobility, autonomy, or connection to community life.

As noted in the City of Berkeley’s March 2025 public memorandum, the program is currently serving 1,650 participants and receiving approximately 50 new applications per month. Rising ride costs and a recent surge in demand have created a sustainability challenge, with projected funding ($865,049 for FY26) falling well short of the $2 million required to maintain the current level of service. As a result, the City is being forced to reduce both the frequency and value of transportation vouchers beginning in April 2025.

While these operational changes are necessary under the current budget constraints, they risk undermining the program’s impact and leaving many seniors and disabled residents without reliable transportation.

BRSD fills a unique gap for those unable to rely on friends, family, or standard transit services.

Ensuring the continuity and expansion of this program aligns with our shared commitment to equity, public health, and aging with dignity. I urge you to continue advocating for other funding sources to support this indispensable program. With additional county support, we can stabilize BRSD and continue providing life-enhancing mobility to those who need it most.

Thank you for your time and attention to this matter. Supporting the BRSD program not only addresses an

[email protected] | 510-981-7120 | 2180 Milvia Street, Berkeley, CA 94704 www.terrytaplin.com | @councilmember_terry_taplin | @taplinterry urgent and growing mobility need—it also upholds Berkeley’s longstanding legacy as a national leader in both disability rights and aging in place. From pioneering the independent living movement to advancing innovative, community-based supports for older adults, Berkeley has set a standard for equity, dignity, and accessibility. Continued funding for BRSD is a tangible way to carry that legacy forward, ensuring that our most vulnerable residents are not left behind. Thank you for your time and attention in this matter. Should you have any questions, please do not hesitate to reach out.

Sincerely,
Councilmember Terry Taplin
Berkeley City Council, District 2

City Manager’s Office

March 24, 2025

To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Subject: Operational Changes to Berkeley Rides for Seniors & the Disabled (BRSD) To maximize the number of people served and adapt to changing dynamics, we will be adjusting voucher distribution frequency and amounts for seniors and people with disabilities who use Berkeley’s Rides for Seniors & Disabled service, which is run through the Department of Health, Housing, & Community Services.

The program is funded through Alameda County Measure BB and provides free taxi, wheelchair van vouchers, and GoGo (Uber/Lyft) rides for low-income Berkeley seniors and disabled residents to provide access to health care and social services.

Medi-Cal, which provides a variety of medical services for adults with limited incomes, offers transportation to and from appointments for services covered by Medi-Cal. In addition, Medi-Cal beneficiaries enrolled in Alameda Alliance, the public, not-for-profit managed health care plan for people of lower income in Alameda County, or Kaiser Permanente can already take advantage of those programs’ broad-ranging transportation benefits.

Berkeley Rides for Seniors & Disabled (BRSD) is an additional option for low-income seniors or people with disabilities who are unable to get transportation from those health care programs, friends, family or neighbors, or from AC Transit, BART or shared mobility tools such as electric bikes and sit-scooters – all transit systems that have low- income options.

Seniors people with disabilities enrolled in the BRSD program currently receive distributions of voucher books three times over the course of a fiscal year, which starts July 1. Participants are sent different types of vouchers based on eligibility (for example, High Medical Need participants must meet eligibility criteria certified by their primary medical provider). Participants use portions of those vouchers, coupons, or taxi scrip to pay for individual rides.

Operational Changes to Berkeley Rides for Seniors & the Disabled March 24, 2025

Previously, the BRSD program increased distribution amounts temporarily due to low usage and to comply with funding guidelines. We are now adjusting the program to take advantage of complementary private and public-sector services while also adapting to a recent surge in applications (averaging 50 new applications per month) and rising ride costs.

The total projected revenue for FY26 is $865,049. However, at the current distribution rate and frequency, the total annual distribution cost would be $2 million.

To ensure long-term sustainability and maximize service reach, distribution amounts and frequency will be reduced, beginning with the April 2025 distribution. Detailed changes are summarized in the tables below. This adjustment will allow the BRSD program to continue serving vulnerable residents within budgetary constraints.

Chart 1: Current Distribution for Each Eligible Senior

Programs
Frequency of
annual voucher
distribution Amount Annual Total
Taxi Scrip Program 3 times $200 $600
High Medical Need Taxi 3 times $480 $1,440
Wheelchair Van Program 3 times $448 $1,344
High Medical Wheelchair Van 3 times $448 $1,344
GoGo (Uber and/or Lyft) 3 times $160 $480

The B
RSD program is currently at capacity an
d will not be able to sustain itself past this
fiscal year without changes. To maintain the program, applications will be either waitlisted and/or not accepted until space is available. Planned reductions in voucher amounts are also necessary. New amounts are as follows:

Chart 2: New Distribution for Each Eligible Senior

Programs
Frequency of
annual voucher
distribution Amount Annual Total
Taxi Scrip Program 2 times $120 $240
High Medical Need Taxi 2 times $240 $480
Wheelchair Van Program 2 times $448 $896
High Medical Wheelchair Van 2 times $448 $896
GoGo (Uber and/or Lyft) 2 times $100 $200

Operational Changes to Berkeley Rides for Seniors & the Disabled March 24, 2025

Demand for the High Medical Need Taxi program has been significantly reduced as Medi-Cal beneficiaries enrolled in Alameda Alliance or Kaiser Permanente can already receive comprehensive transportation services for medical, dental, mental health, and substance use disorder appointments, as well as trips to pharmacies and medical supply providers. Alameda Alliance members can use this flyer about transportation services to learn how to request transportation. Kaiser members should visit kp.org.

Individuals who have Medi-Cal receive transportation to medical, dental, mental health, or substance use disorder appointments, and to pick up prescriptions and medical supplies. Medi-Cal beneficiaries can learn more on the state Department of Health Care Services transportation services page.

The reduction in distribution will allow for a reassessment of program quality and utilization, providing valuable data to inform future program development. This approach will support long-term financial sustainability and enhance budget planning.

Currently, there are 1,650 Berkeley Seniors participating in the program. Each participant will receive written communication regarding these program changes beginning in April 2025. A letter with the updated changes will accompany each distribution being sent out in the next allotment. Staff will collect and assess participant feedback while monitoring utilization rates to identify service gaps and inform future program budgeting and planning.

Transit, shared mobility discounts available to Berkeley Seniors Seniors can qualify for and take advantage of discounts for trains, buses, electric scooter, and e-bikes.
• Bay Area Clipper offers a Senior card. Seniors over the age of 65 receive 50% off AC Transit fares and 62.5% off BART fares. Apply online, in person, or by mail.

• Lime provides standing and seated electric scooters in Berkeley. Lime provides a micromobility program which provides discounted rides to qualified individuals who receive Medicaid, Social Security Supplemental Income, and a reduced transit program, such as a Clipper Senior card.

•
Bay Wheels (Bay Area’s docked bike share program) offers reduced-rate memberships at $5 for the first year. Ride e-bikes at $.05 per minute with a max payment of $1 under the Bay Wheels for All membership. Bay Area residents who qualify for CalFresh, SFMTA Lifeline Pass, or PG&E CARE can sign up.

Operational Changes to Berkeley Rides for Seniors & the Disabled March 24, 2025

cc: David White, Deputy City Manager
Scott Gilman, Director, Health, Housing, and Community Services Tanya Bustamante, Deputy Director, Health, Housing, and Community Services Mark Numainville, City Clerk
Matthai Chakko, Communications Director/Assistant to the City Manager Jenny Wong, City Auditor
Farimah Brown, City Attorney

CONSENT CALENDAR
July 8, 2025
To: Honorable Mayor and Members of the City Council
From: Councilmember Terry Taplin
Subject: Port Chicago Alliance: Relinquishment of Council Office Budget Funds from General Funds and Grant of Such Funds

RECOMMENDATION
Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember, including $500 from Councilmember Taplin, to support the Port Chicago Alliance in celebration and execution of Port Chicago Remembrance Weekend.

FISCAL IMPACTS OF RECOMMENDATION
No General Fund impact. $500 is available from contributing Councilmember’s Council Office Budget discretionary accounts.

BACKGROUND
In July of 1944, at the Port Chicago Naval Magazine near Concord, California a massive explosion destroyed two ships, killed 320 people, 202 of whom were African American sailors, and injured nearly 400 others. The cause of the explosion was never definitively determined, but it highlighted the dangerous and racially discriminatory conditions under which Black sailors were forced to work. These sailors received no formal training in handling explosives and were often assigned the most hazardous duties without proper safety precautions.

In the days after the explosion, surviving Black sailors were ordered to return to the same unsafe loading operations. Two Hundred and Fifty-Eight of them initially refused, citing fear for their lives. The Navy labeled it an act of insubordination. Most of the men eventually returned to duty under threat of punishment, 50 sailors remained steadfast in their refusal. They were arrested and charged with mutiny. To this day, it stands as the largest such case in U.S. naval history.

Of the 258 men, 208 were charged with refusing orders. 206 of them were convicted. The 50 men who refused to work in the unsafe conditions, were tried and convicted in a military court, receiving sentences of 8 to 15 years of hard labor. These men became known as The Port Chicago 50. The trial was widely criticized for its racial bias and lack of due process. Future Supreme Court Justice Thurgood Marshall, then an attorney for the NAACP, observed the trial and condemned it as a miscarriage of justice. The event drew national attention to the racial segregation and inequities in the U.S. military.

The disaster and protest had long-term consequences. It spurred public outcry and helped catalyze efforts to desegregate the armed forces. In 1946, the Navy began to integrate its ranks,

25

Port Chicago Alliance

CONSENT CALENDAR
July 8, 2025
and in 1948, President Harry S. Truman issued Executive Order 9981, formally ending segregation in the military. In 1999, President Bill Clinton pardoned one of the sailors, Freddie Meeks.

On July 24th 2024, 80 years after the catastrophe, the United States Navy exonerated all 258 men who had been considered for mutiny charges.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
No environmental impacts.

CONTACT PERSON
Terry Taplin, Councilmember, Council District 2, (510) 981-7120 Attachments:
1: Resolution

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/

PUBLIC HEARING
July 8, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Jordan Klein, Director, Planning and Development Department Subject: Zoning Ordinance Amendments to Title 23 of the Berkeley Municipal Code for Consistency with State Law and Technical Edits (SLTE 2025)

RECOMMENDATION
Conduct a public hearing and upon conclusion, adopt the first reading of an Ordinance amending the following sections of the Berkeley Municipal Code (BMC) to maintain consistency and accuracy:
 3.24.110 Landmarks, historic districts and structures of merit- Designation – Criteria for consideration
 23.106.030 Floor Area, Gross
 23.202.030 Additional Permit Requirements (Residential)  23.204.030 Additional Permit Requirements (Commercial Districts)  23.206.030 Additional Permit Requirements (Manufacturing Districts)  23.302.020 General Use Regulations
 23.304.070 Unenclosed Accessory Structures in Residential Districts  23.326.030 Demolition of Residential Units
 23.326.050 Demolition of Accessory Buildings
 23.326.070 Demolition of Non-Residential Buildings

SUMMARY
As part of regular and routine updates, staff has prepared non-substantive ordinance amendments to maintain consistency and accuracy throughout the Zoning Ordinance and related BMC chapters.

26

Zoning Ordinance Amendments to Title 23 PUBLIC HEARING
for Consistency with State Law and Technical Edits July 8, 2025

FISCAL IMPACTS OF RECOMMENDATION
None.

CURRENT SITUATION AND ITS EFFECTS
The Zoning Ordinance and related BMC Chapters are regularly reviewed for consistency with state laws related to land use and zoning. While some state laws may require more extensive amendments or require changes to the City’s internal permitting procedures to be consistent, the proposed zoning amendments constitute only minor technical amendments to maintain consistency.

The proposed Ordinance amendments are summarized below in Table 1:

Table 1 Policy Summary and Zoning Amendment Proposals
Section Section Title Proposed Zoning Change Ordinance
Sections
(Attachment 1)

1. 3.24.110(A)(1) Landmarks and
historic and
structures of
merit-
Designation-
Criteria for
consideration
 Replace the term “region,”
with “Berkeley or within a
neighborhood or area of the
city” to codify existing
practice.
1 2. 23.106.030 Gross Floor Area
Defined  Update the format of the code
section.
 Clarify the method of
measurement for gross floor
area.
2 3. 23.202.030(D)

23.204.030(E)

23.206.030(F)

23.304.070
Unenclosed
Accessory
Structures in
Residential
Districts
 Correct a transcription error
that limited Unenclosed
Accessory Structures to
Residential Districts.
 Update all reference sections
in all zoning districts
3 4
5 7

4. 23.302.020(B) Allowed Hours of
Operation  Correct a typo on the title of a
Table.
6 6. 23.326.050 Accessory
Structures or
Buildings
 Demolition regulations apply
to both Accessory Buildings
and Accessory Structures, but
only Accessory Buildings
8 9

Zoning Ordinance Amendments to Title 23 PUBLIC HEARING
for Consistency with State Law and Technical Edits July 8, 2025

Section Section Title Proposed Zoning Change Ordinance
Sections
(Attachment 1)
were mentioned. “Accessory
Structures” is added, where
appropriate.
 Corrects grammar of defined
terms consistent with
Berkeley Zoning Ordinance
style guidelines

BACKGROUND
On October 12, 2021, the City Council passed Ordinance No. 7,787-N.S., a thorough revision of Title 23 of the Berkeley Municipal Code, to make the City’s Zoning Ordinance easier to understand and administer. The City Council gave staff direction to make minor changes to comply with state law or codify prior zoning interpretations. Staff was directed to regularly return to the Planning Commission and City Council with amendments necessary to maintain the integrity of the new Zoning Ordinance.

The proposed zoning amendments make corrections and technical edits to ensure consistency throughout the BMC (Attachment 1).

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The proposed ordinance corrects errors, clarifies language and codifies existing practice. The proposed Zoning Ordinance amendments do not include any allowances for additional development capacity or other new physical changes to the environment that are not already permitted and previously evaluated under CEQA. Adoption of the proposed amendments would in no way have a significant effect on the environment, and therefore is not subject to CEQA (CEQA Guidelines Section 15061(b)(3), Common Sense Exemption).

RATIONALE FOR RECOMMENDATION
The proposed Zoning Ordinance amendments are required to ensure compliance with all applicable state laws and maintains the integrity of the Zoning Ordinance and related BMC Chapters. All recommended changes either reflect ordinances that have previously been specifically authorized by City Council, or that are required by state law.

ALTERNATIVE ACTIONS CONSIDERED
The Council could consider taking no action on the recommendations proposed by staff.

In this scenario, Title 3 and Title 23 would remain unchanged, leaving the BMC

Zoning Ordinance Amendments to Title 23 PUBLIC HEARING
for Consistency with State Law and Technical Edits July 8, 2025

inconsistent or outdated. This could lead to uncertainty or potentially lead to challenges in enforcement.

CONTACT PERSON
Robert Rivera, Senior Planner, Land Use and Development Department, (510) 981- 7480
Attachments:
1: Draft Ordinance
2: PC Staff Report 4-16-25
3: Public Hearing Notice

ORDINANCE NO. -N.S.

AMENDMENTS TO LANDMARKS PRESERVATION COMMISSION CHAPTER (BMC

3.24), THE RULES OF MEASUREMENT CHAPTER (BMC 23.106), RESIDENTIAL DISTRICT CHAPTER (BMC 23.202), COMMERCIAL DISTRICT CHAPTER (BMC

23.204), MANUFACTURING DISTRICT CHAPTER (BMC 23.206), USE-SPECIFIC REGULATIONS CHAPTER (BMC 23.302), GENERAL DEVELOPMENT STANDARDS CHAPTER (BMC 23.304), AND DEMOLITION AND DWELLING UNIT CONTROL CHAPTER (BMC 23.326), TO CORRECT ERRORS, CLARIFY LANGUAGE, AND

CODIFY EXISTING PRACTICE
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That BMC Section 3.24.110(A)(1) is amended to read as follows:

1. Architectural merit:
a. Property that is first, last, only, or most significant architectural property of its type in Berkeley or within a neighborhood or area of the city the region,
b. Properties that are prototypes of or outstanding examples of periods, styles, architectural movements or construction, or examples of the more notable works of the best surviving work in a region of an architect, designer or master builder in Berkeley or within their neighborhood or area of the city; or
c. Architectural examples worth preserving for the exceptional values they add as part of the neighborhood fabric.

Section 2. That BMC Section 23.106.030 is amended to read as follows:

A. Gross Floor Area Defined. Gross floor area means the total gross horizontal areas of all floors of a building or enclosed structure, .below the roof and within the outer surface of the main walls of a main or accessory building (or the centerlines of party walls separating such buildings or portions of buildings); or areas within lines drawn parallel to and 2 feet within the roof line of any building or portion of a building; including:

B. Basements and Cellars. Gross floor area includes usable basements and cellars that are either:

1. Usable basements and cellars Below the roof and within the outer surface of the main walls of a main or accessory building (or the centerlines of party walls separating such buildings or portions of buildings); or

2. Within lines drawn parallel to and 2 feet within the roof line of any building or portion of a building without walls. Access features in multi-story buildings.

For a multi-story building with a covered or enclosed stairways, stairwells, or elevator shaft, the horizontal area of these features is counted only once at the floor level of their greatest area of horizontal extent

3. Covered pedestrian access features for non-residential uses. For non- residential uses, gross floor area includes pedestrian access interior walkways or corridors, or interior courtyards, walkways, paseos or corridors covered by a roof or skylight

4. Mezzanines
C. Access Features in Multi-Story Buildings. For a multi-story building with a covered or enclosed stairways, stairwells, or elevator shafts, the horizontal area of these features is counted only once at the floor level of their greatest area of horizontal extent.

D.B. Excluded Areas. The following areas are excluded from gross floor area calculation:

1. Covered or uncovered areas used for off-street parking or loading spaces.

2. Driveways ramps between floors and maneuvering aisles of a multi-level parking garage.

3. Mechanical, electrical, and telephone equipment rooms below finished grade.

4. Areas which qualify as usable open space.

5. Arcades, porticoes, and similar open areas for non-residential uses which are:
(a) Located at or near street level;
(b) Accessible to the general public; and
(c) Are not designed or used as sales, display, storage, service, or production areas.

6. The floor area associated with any existing or proposed accessory dwelling unit or junior accessory dwelling unit, up to 800 square feet per lot. See

23.306 Accessory Dwelling Units.

E. Covered Pedestrian Access Features for Non-Residential Uses. For non- residential uses, gross floor area includes pedestrian access interior walkways or corridors, or interior courtyards, walkways, paseos or corridors covered by a roof or skylight.

F. Mezzanines. Gross floor area includes the floor area of a mezzanine.

Section 3. That BMC Section 23.202.030(D) is amended to read as follows:

D. Accessory Structures. For accessory structure permit requirements, see the following:

1. Section 23.304.060– Accessory Buildings and Enclosed Accessory Structures.

2. Section 23.304.070– Unenclosed Accessory Structures in All Residential Districts

3. Section 23.304.080– Fences
Section 4. That BMC Section 23.204.030(E) is amended to read as follows:

E. Accessory Structures. For accessory structure permit requirements, see the following:

1. Section 23.304.060– Accessory Buildings and Enclosed Accessory Structures.

2. Section 23.304.070– Unenclosed Accessory Structures in All Residential Districts.

3. Section 23.304.080– Fences.

Section 5. That BMC Section 23.206.030(F) is amended to read as follows:

F. Accessory Structures. For accessory structure permit requirements, see the following:

1. Section 23.304.060– (Accessory Buildings and Enclosed Accessory Structures).

2. Section 23.304.070– (Unenclosed Accessory Structures in Residential All Districts).

3. Section 23.304.080– (Fences).

Section 6. That Table 23.032-1, Allowed Hours of Operation, within BMC Chapter

23.302.020(B)(3), Exceptions, is amended to read as follows:

Table 23.032302-1: Allowed Hours of Operation

DISTRICT ALLOWED HOURS OF OPERATION
PERMIT

REQUIRED TO

EXTEND HOURS

C-C, C-U, C-NS, C-AC,
C-W nodes 6:00 a.m. – 12:00 midnight AUP

C-N, C-E, C-SO, C-SA,
C-W outside nodes,
MU-R
6:00 a.m. – 12:00 midnight AUP
C-T, C-DMU 24 hours per day 7 days a week N/A
Section 7. That BMC Section 23.304.070 is amended to read as follows:

23.304.070 – Unenclosed Accessory Structures in All Residential Districts A. Applicability. This section applies to unenclosed accessory structures as defined in 23.502--Glossary in a Residential District, excluding fences which are addressed in 23.304.080--Fences.

B. Placement on Lot. Unenclosed accessory structures require an AUP if placed on the ground within a required setback.

C. Height.

1. For unenclosed accessory structure within a required setback, allowed height shall be specified in the AUP.

2. No height limitations apply to unenclosed accessory structures outside of required setbacks.

3. The height of an unenclosed accessory structure is measured as the vertical distance from the lowest existing grade point within a 3-foot radius of any point of the structure to the highest point of the structure.

D. Hot Tubs, Jacuzzis, and Spas.

1. An unenclosed outdoor hot tub, jacuzzi, or spa located anywhere on a lot requires:
(a) An AUP in all Residential Districts except for the ES-R district; and (b) A Use Permit in the ES-R district.

2. Any pump associated with an unenclosed outdoor hot tub, jacuzzi, or spa shall be mounted and enclosed so that its sound is not audible on an adjacent lot.

Section 8. That BMC Section 23.326.050 is amended to read as follows:

23.326.050 – Demolition of Accessory Structures or Buildings A. Notwithstanding anything in Municipal Code Title 23 (Zoning Ordinance) to the contrary, but subject to any applicable requirements in Municipal Code Section 3.24 (Landmarks Preservation Ordinance), accessory structures or accessory bBuildings of any size that are accessory to a residential use, including, but not limited to, garages, carports, and sheds may be demolished by right except where the aAccessory structure or Bbuilding is occupied by a residential tenant (regardless of whether it is lawfully permitted) or otherwise contains a lawfully established rResidential uUnit, which serves and is located on the same lot as a lawful residential use. Such accessory structures or aAccessory bBuildings are considered rResidential uUnits for the purposes of this Chapter. (Ord. 7924-NS § 1, 2024)
Section 9. That BMC Section 23.326.070(B) is amended to read as follows:

B. Accessory Structures or Buildings. For any lot located in a non-residential zoning district, aAccessory structures or Bbuildings may be demolished as follows:

1. Demolishing an accessory structure or building with less than 300 square feet of floor area is permitted as of right.

2. An accessory structure or building with 300 square feet or more of floor area may be demolished with an AUP. Ground Floor Uses.

Section 10. 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.

ATTACHMENT 2
Planning and Development Department
Land Use Planning Division

STAFF REPORT
DATE: April 16, 2025
TO: Members of the Planning Commission
FROM: Robert Rivera, Senior Planner
SUBJECT: Amendments to Title 23 for Consistency with State Law and Technical Edits (SLTE 2025)

RECOMMENDATION
Conduct a public hearing, receive public comment, and upon conclusion make a recommendation to City Council on proposed amendments to Title 23 (Attachment 1).

The proposed changes apply to the sections of the Berkeley Municipal Code (BMC) listed below:
 23.106.030 Floor Area, Gross
 23.202.030 Additional Permit Requirements (Residential)  23.204.030 Additional Permit Requirements (Commercial Districts)  23.206.030 Additional Permit Requirements (Manufacturing Districts)  23.302.020 General Use Regulations
 23.304.070 Unenclosed Accessory Structures in Residential Districts  23.326.030 Demolition of Residential Units
 23.326.050 Demolition of Accessory Buildings
 23.326.070 Demolition of Non-Residential Buildings

SUMMARY
As part of regular and routine updates, staff has prepared non-substantive Zoning Ordinance amendments to maintain consistency and accuracy throughout the Zoning Ordinance.

CURRENT SITUATION AND ITS EFFECTS
The Zoning Ordinance is regularly reviewed for consistency with state laws related to land use and zoning. While some state laws may require more extensive amendments

or require changes to the City’s internal permitting procedures to be consistent, the proposed zoning amendments constitute only minor technical amendments to maintain consistency.

BACKGROUND
On October 12, 2021, the City Council passed Ordinance No. 7,787-N.S., which replaced Title 23 of the Berkeley Municipal Code and adopted a new Title 23 to make the City’s Zoning Ordinance easier to understand and administer. The City Council gave staff direction to make minor changes to comply with state law or codify prior zoning interpretations. Staff was directed to regularly return to the Planning Commission and City Council with amendments necessary to maintain the integrity of the new Zoning Ordinance.

The proposed zoning amendments are part of the regular and routine maintenance of the Zoning Ordinance and include corrections and technical edits to ensure consistency throughout the Zoning Ordinance. (Attachment 1)

DISCUSSION
The proposed zoning amendments are technical, non-substantive changes intended to correct errors, clarify language, and codify existing practices. The following revisions are proposed:

Table 1 Policy Summary and Zoning Amendment Proposals
Section Section Title Proposed Zoning Change Ordinance
Sections
(Attachment
1)

1. 23.106.030 Gross Floor Area
Defined  Update the format of the code
section
 Clarify the method of
measurement for gross floor
area.
1 2. 23.202.030(D)

23.204.030(E)

23.206.030(F)

23.304.070
Unenclosed
Accessory
Structures in
Residential
Districts
 Correct a transcription error
that limited Unenclosed
Accessory Structures to only
Residential Districts
 Update all reference sections
in all zoning districts
2 3
4 6

3. 23.302.020(B) Allowed Hours
of Operation  Correct a title typo. 5

4. 23.326.030(B)(1)(c) Demolition of
Residential
Units
 Correct a typo where
“dwelling unit” was used
instead of “residential unit.”
7 5. 23.326.050 Accessory
Structures or
Buildings
 Demolition regulations apply
to both Accessory Buildings
8 9

Section Section Title Proposed Zoning Change Ordinance
Sections
(Attachment
1)
and Accessory Structures,
but only Accessory Buildings
were mentioned. “Accessory
Structures” is added, where
appropriate.
 Corrects grammar of defined
terms consistent with
Berkeley Zoning Ordinance
style guidelines

ENVIRONMENTAL REVIEW
The proposed ordinance corrects errors, clarifies language and codifies existing practice. The proposed Zoning Ordinance amendments do not include any allowances for additional development capacity or other new physical changes to the environment that are not already permitted and previously evaluated under CEQA. Adoption of the proposed amendments would in no way have a significant effect on the environment, and therefore is not subject to CEQA (CEQA Guidelines Section 15061(b)(3), Common Sense Exemption).

NEXT STEPS
Upon a recommendation from the Planning Commission, the City Council will conduct a public hearing on the proposed ordinance.

CONTACT PERSON
Robert Rivera, Senior Planner, Planning and Development Department, 510-981-7480

ATTACHMENTS

1. Draft Planning Commission Resolution
Exhbit A. Draft Zoning Ordinance Amendments

2. Public Hearing Notice

Attachment 3

NOTICE OF PUBLIC HEARING

BERKELEY CITY COUNCIL
AMENDMENTS TO BMC TITLE 23 ZONING
The public may participate in this hearing by remote video or in-person.

Notice is hereby given by the City Council of the City of Berkeley that on TUESDAY, July 08, 2025 at 6:00 P.M. a public hearing will be conducted to consider the Planning and Development Department proposal to amend the following sections of the City’s Zoning Ordinance (Title 23) in order to maintain consistency and accuracy throughout the Berkeley Municipal Code (BMC). The proposed amendments do not include any substantive policy changes.
 3.24.110 Landmarks, historic districts and structures of merit--Designation--Criteria for consideration.
 23.106.030 Floor Area, Gross
 23.202.030 Additional Permit Requirements (Residential)  23.204.030 Additional Permit Requirements (Commercial Districts)  23.206.030 Additional Permit Requirements (Manufacturing Districts)  23.302.020 General Use Regulations
 23.304.070 Unenclosed Accessory Structures in Residential Districts  23.326.050 Demolition of Accessory Buildings
 23.326.070 Demolition of Non-Residential Buildings
The hearing will be held on, July 8, 2025 at 6:00 p.m. in the School District Board Room, located at 1231 Addison Street, Berkeley CA 94702.

For further information, please contact Robert Rivera, Senior Planner at (510) 981-7480 A copy of the agenda material for this hearing will be available on the City’s website at https://berkeleyca.gov/ as of June 26, 2025. Once posted, the agenda for this meeting will include a link for public participation using Zoom video technology, as well as any health and safety requirements for in-person attendance.

Written comments should be mailed or delivered directly to the City Clerk, 2180 Milvia Street, Berkeley, CA 94704, or e-mailed to
[email protected] in order to ensure
delivery to all Councilmembers and inclusion in the agenda packet.

Communications to the Berkeley 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 or in person to the City Clerk. 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 at (510) 981-6900 or [email protected] for further information.

Published: June 27, 2025 – The Berkeley Voice
Public Hearing required by BMC 23.412.050 and Govt Code 65853; notice provided according to Govt Code 65090 and BMC 23.404.040.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the Notice for this Public Hearing 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 June 26, 2025.
__________________________________
Mark Numainville, City Clerk

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
27

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Berkeley, CA 94704
(510) 981-6900

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