Tuesday, September 9, 2025 AGENDA Page 1
AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, September 9, 2025
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702
ADENA ISHII, MAYOR
Councilmembers:
DISTRICT 1 – RASHI KESARWANI
DISTRICT 2 – TERRY TAPLIN
DISTRICT 3 – BEN BARTLETT
DISTRICT 4 – IGOR TREGUB
DISTRICT 5 – SHOSHANA O’KEEFE
DISTRICT 6 – BRENT BLACKABY
DISTRICT 7 – CECILIA LUNAPARRA
DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in -person and virtual attendance. Attend this meeting remotely using Zoom. To request to speak, use the “raise hand” function in Zoom. To join by phone: Dial 1-669- 254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 160 154 8622. To provide public comment, Press *9 and wait to be recognized by the Chair. To submit a written communication for the public record, email [email protected].
Live captioned broadcasts of Council meetings are available on B -TV (Channel 33) and via internet video stream.
All Council meetings are recorded.
This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953 . Any member of the public may attend this meeting, however, if you are feeling sick, please do not attend the meeting in person.
The City Council may take action related to any subject listed on the Agenda.
Pursuant to the City Council Rules of Procedure and State Law, the presiding officer may remove, or cause the removal of, an individual for disrupting the meeting. Prior to removing an individual, the presiding officer shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The presiding officer may then remove the individual if they do not promptly cease their disruptive behavior. “Disrupting” means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, a failure to comply with reasonable and lawful regulations adopted by a legislative body, or engaging in behavior that constitutes use of force or a true threat of force.
Government Code Section 84308 (Levine Act) - Parties to a proceeding involving a license, permit, or other entitlement for use are required to disclose if they made contributions over $5 00 within the prior 12 months to any City employee or officer. Parties and participants with a financial interest are prohibited from making more than $500 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding.
The above contribution disclosures and restrictions do not apply when the proceeding is competitively bid, or involves a personnel or labor contract. For more information, see Government Code Section 84308.
Tuesday, September 9, 2025 AGENDA Page 2
Preliminary Matters
Roll Call:
Land Acknowledgement Statement: The City of Berkeley recognizes that the community we live in was built on the territory of xučyun (Huchiun (Hooch-yoon)), the ancestral and unceded land of the Chochenyo (Cho-chen-yo)-speaking Ohlone (Oh-low-nee) people, the ancestors and descendants of the sovereign Verona Band of Alameda County. This land was and continues to be of great importance to all of the Ohlone Tribes and descendants of the Verona Band. As we begin our meeting tonight, we acknowledge and honor the original inhabitants of Berkeley, the documented 5,000 -year history of a vibrant community at the West Berkeley Shellmound, and the Ohlone people who continue to reside in the East Bay. We recognize that Berkeley’s residents have and continue to benefit from the use and occupation of this unceded stolen land since the City of Berkeley’s incorporation in 1878. As stewards of the laws regulating the City of Berkeley, it is not only vital that we recognize the history of this land, but also recognize that the Ohlone people are present members of Berkeley and other East Bay communities today. The City of Berkeley will continue to build relationships with the Lisjan Tribe and to create meaningful actions that uphold the intention of this land acknowledgement.
Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.
1. Pledge of Allegiance
2. Adjourn in memory of Chris Peoples, AC Transit Director
3. Adjourn in memory of Malcolm Margolin, Writer, Editor, and Publisher City Manager Comments: The City Manager may make announcements or provide information to the City Council in the form of an oral report. The Council will not take action on such items but may request the City Manager place a report on a future agenda for discussion.
Public Comment on Non-Agenda Matters: Up to ten persons will be selected to address matters not on the Council agenda. If five or fewer persons are identified to provide non-agenda comment, each person selected will be allotted two minutes each. If more than five persons are selected to address matters not on the Council agenda, each person selected will be allotted one minute each.
In-person attendees wishing to address the Council on matters not on the Council agenda during the initial ten-minute period for such comment, must submit a speaker card to the City Clerk in person at the meeting location and prior to the moment that the Presiding Officer calls for public comment on non - agenda items. Remote attendees must raise their hand in the videoconference application when the Presiding Officer calls for non-agenda speakers. The first five raised hands on the videoconference application will be selected to speak and the first five cards drawn at the meeting will be selected to speak. The number of in-person and remote speakers selected may be adjusted by the Presiding Officer if fewer than five speakers from either format are identified.
The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda.
Public Comment by Employee Unions (first regular meeting of the month): This period of public comment is reserved for officially designated representatives of City of Berkeley employee unions, with five minutes allocated per union if representatives of three or fewer unions wish to speak and up to three minutes per union if representatives of four or more unions wish to speak.
Tuesday, September 9, 2025 AGENDA Page 3
Consent Calendar
The Council will first determine whether to move items on the agenda for “Action” or “Information” to the “Consent Calendar”, or move “Consent Calendar” items to “Action.” Three members of the City Council must agree to pull an item from the Consent Calendar or Information Calendar for it to move to Action.
Items that remain on the “Consent Calendar” are voted on in one motion as a group. “Information” items are not discussed or acted upon at the Council meeting unless they are moved to “Action” or “Consent ”.
No additional items can be moved onto the Consent Calendar once public comment has commenced. At any time during, or immediately after, public comment on Information and Consent items, any Councilmember may move any Information or Consent item to “Action.” Following this, the Council will vote on the items remaining on the Consent Calendar in one motion.
For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again at the time the matter is taken up during the Action Calendar.
Public Comment on Consent Calendar and Information Items Only: The Council will take public comment on any items that are either on the amended Consent Calendar or the Information Calendar. If ten or fewer persons are interested in speaking on an individual agenda item, each speaker may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue. A speaker may only speak once during the period for public comment on Consent Calendar and Information items.
Additional information regarding public comment by City of Berkeley employees and interns: Employees and interns of the City of Berkeley, although not required, are encouraged to identify themselves as such, the department in which they work and state whether they are speaking as an individual or in their official capacity when addressing the Council in open session or workshops.
Recess Items
1. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After City Manager Approval on July 30, 2025
From: City Manager
Recommendation: Ratify the action taken by the City Manager during recess to approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Recess Items
Tuesday, September 9, 2025 AGENDA Page 4
2. Contract: ImageTrend, Inc. for Fire Department Records Management Software From: City Manager
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess to enter into a contract with ImageTrend, Inc. for Fire Department Records Management Software (Fire RMS) by piggyback using the Sourcewell Contract No. 030425-IMG for an amount not to exceed $394,736 for the four year base contract period from September 1, 2025 through August 31, 2029 with two (2), three (3) year extensions not to exceed $719,990 from September 1, 2029 through August 31, 2035 with the total contract amount not to exceed $1,114,726.
Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
3. Contract: Throne Lab Portable Toilet Pilot Program
From: City Manager
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess authorizing the City Manager to execute a contract and any amendments with Throne Lab, Inc. to provide a pilot program of portable toilet services for a total amount not to exceed $70,000.
Financial Implications: Various Funds - $70,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700
4. Amendment to Contract No. 32100160: Alameda-Contra Costa County Transit District (AC Transit) For EasyPass Program 2021-2025
From: City Manager
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess to amend Contract No. 32100160 to cover expenses for the remainder of 2025 for employee transit pass program with an additional $125,086 for a new total amount not to exceed $899,539.
Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Consent Calendar
5. Accessory Dwelling Units (ADUs): Amendments to Title 23 (Zoning) to Comply with State Law and Encourage ADU Development
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,983-N.S. amending Title 23 (Zoning) to bring the City’s ADU regulations into compliance with recent changes to State law, to incorporate feedback from the California Department of Housing and Community Development (HCD), and encourage ADU development.
First Reading Vote: Ayes – Kesarwani, Taplin, Bartlett, Tregub, Lunaparra, Humbert, Ishii; Noes – None; Abstain – O’Keefe, Blackaby.
Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400
Consent Calendar
Tuesday, September 9, 2025 AGENDA Page 5
6. Establish 2026 City Council Meeting Schedule
From: City Manager
Recommendation: Adopt a Resolution establishing the City Council regular meeting schedule for calendar year 2026, with starting times of 6:00 p.m.
Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900
7. Voting Delegates – League of California Cities Annual Conference From: City Manager
Recommendation: Designate Councilmember Lunaparra as the voting delegate and Councilmember Humbert as the alternate for the General Assembly of the Annual League of California Cities conference to be held on Friday, October 10, 2025, in Long Beach.
Financial Implications: See report
Contact: Mark Numainville, City Clerk, (510) 981-6900
8. Contract: African American/Black Professional Community Network for Project Sankofa
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with African American/Black Professional Community Network (AABPN) with Healthy Black Families as the fiscal sponsor for the African American Holistic Resource Center, Project Sankofa, which will be funded through the State of California Mental Health Services Act (MHSA) Community Services and Supports funds, for a not to exceed amount of $300,000, through June 30, 2026.
Financial Implications: State of California Mental Health Services Act Fund - $300,000
Contact: Paul Buddenhagen, City Manager, (510) 981-7000
9. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on September 9, 2025
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval.
Financial Implications: Various Funds - $1,250,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Consent Calendar
Tuesday, September 9, 2025 AGENDA Page 6
10. Authorization to Accept One-Time $10,000 Stipend for Service on the California Local Government Agency Executive Committee
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or designee to accept a $10,000 stipend award, for Fiscal Year 2026, from Santa Cruz County Health Services Agency. This funding will support the City of Berkeley’s Health, Housing, and Community Services Department’s Medi-Cal Administrative Activities Program.
Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400
11. Reserving Predevelopment Funds for the Development of Affordable Housing on the Ashby BART West Lot
From: City Manager
Recommendation: Adopt a Resolution to: 1. Reserve $2 million for Resources for Community Development (RCD) to support the development of affordable housing at Ashby BART West Lot. 2. Authorize the City Manager or designee to execute all original or amended documents or agreements to effectuate this action.
Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400
12. Contract No. 32400192 Amendment: GovernmentJobs.com (dba NEOGOV) for Online Data Management Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32400192 with GovernmentJobs.com (dba NEOGOV) for online data management services including applicant tracking, onboarding, and learning management to increase the contract by $71,115 for a total contract amount not to exceed $180,000.
Financial Implications: Various Funds - $71,115
Contact: Janelle Rodrigues, Human Resources, (510) 981-6800
13. Grant Agreement Amendment with State Coastal Conservancy to reallocate $1.7M to a) the Bay Trail Segment at Shorebird Park (design phase) and b) recreation improvements at the Gateway Pier and the J&K Parking Lot From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a grant agreement amendment with the State Coastal Conservancy (SCC) to re- allocate $1.7M in unspent funds from the Cesar Chavez Park Perimeter Trail Project to a) the Bay Trail Segment at Shorebird Park (design phase) and b) recreation improvements at the Gateway Pier and the J&K Parking Lot.
Financial Implications: See report.
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700
Consent Calendar
Tuesday, September 9, 2025 AGENDA Page 7
14. Reject All Bids Associated with Cesar Chavez Park Perimeter Pathway Improvement Project
From: City Manager
Recommendation: Adopt a Resolution rejecting all bids for the work associated with the Cesar Chavez Park Perimeter Pathway Improvement Project (Bid Specification No. 25-11702-C) in order to return bidder proposal guarantees.
Financial Implications: None
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700
15. Ordinance Amendment Relating to the Memorandum of Understanding (MOU) Compendium; Amending Berkeley Municipal Code Section 2.04.190 From: City Manager
Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code Section 2.04.190 to revise the required frequency of City Council approval for agreements, understandings, or policies between the Berkeley Police Department and other law enforcement agencies or private organizations.
Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900
16. Grant Acceptance and Execution for the Codornices Creek Restoration at Ninth Street Bend Project
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to: 1. Execute a $500,000 funding agreement with the Department of Water Resources and any amendments thereto for the Codornices Creek Restoration at Ninth Street Bend Project. 2. Authorize submission of any required documents, invoices, and reports required to obtain grant funding.
Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
17. Allocation Request: MTC Safe Routes to Transit and Bay Trail Program:
Adeline Street Quick Build
From: City Manager
Recommendation: Adopt a Resolution authorizing the Public Works Department to submit a grant funding allocation request to the Metropolitan Transportation Commission (MTC) for the Adeline Street Quick-Build project.
Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Consent Calendar
Tuesday, September 9, 2025 AGENDA Page 8
18. Contract No. 32500001 Amendment: CESCORP, dba Cal Elite Builders for Corp Yard City Fleet EV Charger Project. Specification No.23-11546-C From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32500001 with CESCORP dba Cal Elite Builders to complete the installation of electric vehicle chargers and related work at the Corporation Yard, increasing the current not to exceed contract amount of $814,680 by $140,000 for a total amount not to exceed $954,680.
Financial Implications: Various Funds - $140,000
Contact: Terrance Davis, Public Works, (510) 981-6300
19. Contract: Mar Con Builders, Inc. for the Corporation Yard Green Room and Building H Improvements Project
From: City Manager
Recommendation: Adopt a Resolution: 1. Approving plans and specifications for the Corporation Yard Green Room and Building H Improvements Project, Specification No. 25-116706-C; and 2. Accepting the bid of Mar Con Builders, 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 the Project is completed in accordance with the approved plans and specifications for an amount not to exceed $2,170,003, which includes a contingency of $283,004.
Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
20. Contract: Bayview Industrial Services, Inc. for Removal of Transfer Station Underground Storage Tanks Project
From: City Manager
Recommendation: Adopt a Resolution: 1. Approving plans and specifications for Removal of Transfer Station Underground Storage Tanks; and 2. Accepting the bid of Bayview Industrial Services, Inc. as the lowest, responsive and responsible bidder; and 3. Authorizing the City Manager to execute a contract and any amendments, extensions, or change orders until the Project is completed in accordance with the approved plans and specifications for an amount not to exceed $292,200, which includes a contingency of $48,360.
Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Consent Calendar
Tuesday, September 9, 2025 AGENDA Page 9
21. Contract Amendments: On-Call Civil Engineering Services, CSW Stuber-Stroeh Engineering Group, Inc. and SCI Consulting Group Inc.
From: City Manager
Recommendation: Adopt two Resolutions authorizing the City Manager to execute contract amendments for on-call civil engineering, construction management and various assessment related services for capital improvement projects increasing each contract amount and extending the term of the contracts to December 31, 2027.
1. Contract No. 32300080 with CSW Stuber-Stroeh Engineering Group increasing the spending authority by $750,000, for an amount not to exceed $2,2500,000.
2. Contract No. 32300110 with SCI Consulting Group Inc. increasing the spending authority by $100,000 for a total not to exceed $400,000.
Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Council Consent Items
22. Budget Referral: 9th Street Linear Park Design Phase From: Councilmember Taplin (Author)
Recommendation: Refer to the November 2025 (FY25) AAO1 Process $75,000 to fund the 9th Street Linear Park Design Phase.
Financial Implications: $75,000 and staff time
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120
23. Waterside Workshops: Relinquishment of Council Office Budget Funds from General Funds and Grant of Such Funds
From: Councilmember Taplin (Author)
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember, including $500 from Councilmember Taplin, to support the Waterside Workshops in celebration and execution of The Land and Sea Party 2025.
Financial Implications: Councilmember's Discretionary Funds - $500 Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120
Action Calendar
The public may comment on each item listed on the agenda for action. For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again during the Action Calendar public comment period on the item
The Presiding Officer will request that persons wishing to speak line up at the podium, or use the "raise hand" function in Zoom, to determine the number of persons interested in speaking at that time. If ten or fewer persons are interested in speaking on an individual agenda item, each speaker may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield the ir time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue.
Action Calendar
Tuesday, September 9, 2025 AGENDA Page 10
Action items may be reordered at the discretion of the Chair with the consent of Council.
The Presiding Officer may open and close an additional comment period for Action items on this agenda (excluding any public hearings, appeals, and/or quasi-judicial matters), at the start of the Action Calendar.
Those who speak on an item during this comment period may not speak a second time when the item is taken up by Council.
Action Calendar – New Business
24. Contract: Flock Safety for Condor Fixed Surveillance Cameras From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Flock Safety to provide Condor fixed surveillance cameras and services for an initial four-year term, in an amount not to exceed $310,000, with an option to extend the contract for one additional three-year term, for a total contract amount not to exceed $600,000.
Financial Implications: General Fund - $600,000
Contact: Jennifer Louis, Police, (510) 981-5900
25. Proposed Sanctuary City Ordinance – Council Referral; Adding Berkeley Municipal Code Chapter 13.114
From: City Attorney
Recommendation: Adopt a Sanctuary City Ordinance (BMC 13.114) to codify the City’s sanctuary policy into the Berkeley Municipal Code.
Financial Implications: Staff time
Contact: Farimah Brown, City Attorney, (510) 981-6950
Information Reports
26. Fire Hazard Severity Zone 0 Implementation Plan
From: City Manager
Contact: David Sprague, Fire, (510) 981-3473
27. Update on the 2019 Berkeley Fire Prevention Division City Audit From: City Manager
Contact: David Sprague, Fire, (510) 981-3473
28. Landmark Preservation Ordinance Notice of Decision: 2328 Channing Way Way/#LMSAP2025-0004
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400
29. Landmark Preservation Ordinance Notice of Decision: 2135 Martin Luther King Jr. Way (Civic Center Park)/#LMSAP2025-0005
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400
Information Reports
Tuesday, September 9, 2025 AGENDA Page 11
30. Update on Implementation Progress of Citygate’s Workload Organizational Study of the Police Department
From: City Manager
Contact: Jennifer Louis, Police, (510) 981-5900
31. Fair Campaign Practices Commission FY 2025-2026 Work Plan From: Fair Campaign Practices Commission
Contact: Sam Harvey, Commission Secretary, (510) 981-6950
32. Open Government Commission FY 2025-2026 Work Plan
From: Open Government Commission
Contact: Sam Harvey, Commission Secretary, (510) 981-6950
Public Comment – Items Not Listed on the Agenda
Adjournment
NOTICE CONCERNING YOUR LEGAL RIGHTS : If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply:
1) No lawsuit challenging a City decision to deny (Code Civ. Proc. §1094.6(b)) or approve (Gov. Code 65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90 -day period will be barred. 2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.
Archived indexed video streams are available at: berkeleyca.gov/council-agendas.
Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m.
Communications to the City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service to the City Clerk Department at 2180 Milvia Street. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk Department for further information.
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at the City Clerk Department located on the first floor of City Hall located at 2180 Milvia Street, and through the City's online records portal:
https://records.cityofberkeley.info/.
Agendas, agenda reports, and revised/supplemental material may be accessed via the online agenda for this meeting at: berkeleyca.gov/council-agendas
and may be accessed at reference desks at the following locations:
City Clerk Department - 2180 Milvia Street, First Floor Tel: 510-981-6900, TDD: 510-981-6903, Fax: 510-981-6901 Email: [email protected]
Tuesday, September 9, 2025 AGENDA Page 12
Libraries: Main – 2090 Kittredge Street,
Claremont Branch – 2940 Benvenue, West Branch – 1125 University, North Branch – 1170 The Alameda, Tarea Hall Pittman South Branch – 1901 Russell
COMMUNICATION ACCESS INFORMATION:
This meeting is being held in a wheelchair accessible location.
To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at [email protected], (510) 981-6418 (V), or (510) 981-6347 (TDD) at least three business days before the meeting date.
Attendees at public meetings are reminded that other attendees may be sensitive to various scents, whether natural or manufactured, in products and materials. Please help the City respect these needs.
Captioning services are provided at the meeting, on B -TV, and on the Internet. In addition, assisted listening devices for the hearing impaired are available from the City Clerk prior to the meeting, and are to be returned before the end of the meeting.
Questions regarding public participation may be addressed to the City Clerk Department (510) 981 -6900 or by email at [email protected].
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on August 28, 2025.
Mark Numainville, City Clerk
Communications
Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.
Item #5: Accessory Dwelling Units (ADUs): Amendments to Title 23 (Zoning) to Comply with State Law and Encourage ADU Development
1. James M. Lloyd
School Buses
2. Riti Dhesi
SB79
3. Margots999
Tuesday, September 9, 2025 AGENDA Page 13
Property Concern
4. Rajendra Sahai
Civic Center Park
5. Moni T. Law
6. Martin Bourque
7. John Caner
8. Erica Wandner
9. Melanie Lawrence
Hayward Fault
10. Richard Schwartz (7)
Short Term Rental Concern
11. Ramona Cavanaugh
EMBER
12. Susan McCutchan (2)
13. Candace Hyde-Wang
14. Erik Fowle
15. Cynthia Sue Larson (2)
16. Alliance for Practical Fire Solutions
Construction Completion Bonds
17. David Lerman
Police Authority Concern
18. Amos Andrews
Property Transfer Concern
19. David Lerman
20. Andrew Browning
21. Zackary Warren Young
Electric Bikes
22. Jim McGrath
Landlines
23. Cindy Sue Larson
Ada & California Street
24. Heath Maddox
Street Sweeping
25. Mark Chekal
Tuesday, September 9, 2025 AGENDA Page 14
RV Parking Concern
26. John Hershberger
27. Shok Saidmuradov
28. Eric Mason
29. Aaron Shores
Train Horn Quiet Zone
30. Brittany Ferrero
Elmwood Corridor Workshop
31. Peter Allen
Road Paving
32. Brendan Madden
Whale Memorial
33. Ben Grundy
Parking Enforcement Concern
34. Tatiana Wiggins
Crime in Berkeley Concern
35. Cecelia Mautner
IGLTA Global Convention
36. Jeffrey Church
Scientific Adventures for Girls
37. Amy Miller
Berkeley Co-Ops
38. Bernard Marszalek
Half Price Books
39. Summer Brenner
Public Service Delivery
40. Tracy Eaves
AI Use
41. Raj Abhyanker
ICE Concerns
42. Andrew Doran
43. Kitt Saginor
Tuesday, September 9, 2025 AGENDA Page 15
44. Marilyn McMahon
Mutual Aid
45. Moni T. Law
Micro-mobility Services
46. David Shere
Large Vehicle Parking
47. Douglas Smith
48. Beth Roessner
Message for Berkeley
49. Glenda (2)
Flock ALPRs
50. Todd Andrew
Encampments
51. John Waters (2)
52. Erin Rosenberg
53. Jennifer Kamenetz and family
54. Miriam Walden
55. Diana Penney
56. Andrew Graham
57. Cynthia Green
9th Street & Grayson Street
58. Tracy Schrider
Supportive Housing
59. Moni T. Law
Noise Pollution
60. Rod Richardson (4)
Advancing Parenting
61. David Dooley
Traffic Safety
62. Mdbcnm
63. Rachel Bradley
Public Safety Concern
64. Varun Paul
65. Jacques Janson
Tuesday, September 9, 2025 AGENDA Page 16
Oxford Elementary
66. Aimee Baldwin
67. Darrell Owens
Affordable Housing
68. S. Entwistle
69. Kaden Nguyen
70. Candace Hyde-Wang
Middle Housing
71. Michael Smartt
72. John J. Parman
73. Tora Spigner (2)
74. Lorenzo Washinton (2)
75. Center for Food, Faith & Justice CCFJ
76. Willie Phillips
77. Moni T. Law
Age-Friendly Action Plan
78. Barbara Anscher
California Housing supply
79. Margots999
City Video
80. Jason Ybarra
81. AKO2 Account (2)
82. Nick Katsenis
2138 Kittredge AB1633
83. Carol Bagshawe
Proclamation Inquiry
84. Aaron Lowe
Woolsey Concern
85. Beatrice Huff
Mayor’s Summit
86. Lisa Katz
San Diego’s Solution
87. David Freeling
Tuesday, September 9, 2025 AGENDA Page 17
Berkeley Fire Safety
88. Cynthia Sue Larson
Fire & Building Safety
89. Hector91 Phuentes
Summer Break
90. Gael Alcock
Fire Evacuation Planning
91. Matthew Lewis
California Theatre
92. Charlene M. Woodcock
Tilden Botanical Garden
93. Angie
Public Comment
94. Stephen Alpert (2)
Council Decisions
95. S. Entwistle
HWCAC
96. Mary-Claire Katz on behalf of the Human Welfare and Community Action Commission
LPC Decisions
97. Tasha (2)
98. Megan Micco
99. Paul Chapman
100. David Shiver
101. Jeff Lipton
City’s Future Plan
102. John J. Parman
Lot Division @ 1650 5th Street
103. Margot Smith
Turtle Island Monument
104. John Curl (2)
Swim Lessons
105. David Lerman
Tuesday, September 9, 2025 AGENDA Page 18
Civil Rights Concern
106. Jonnyruel Holder
Up-zoning
107. Patricia Wilson
108. Maxwell Davis
1231 Addison Street
109. Lisa Bruce
Community Health Day
110. Ashley Campos
Measure W Work Session
111. John Caner
RPP Renewal Concern
112. Barbara Gilbert (2)
113. Chris Grier
Local Affects of Federal Budget
114. Kellie Stoddart
Decorum and Civility
115. Berkeley Neighborhoods Council
Secure Bicycle Parking
116. David Lerman
Sunset Celebration
117. Jeffrey Church
Berkeley’s Financial Future
118. John Hitchen
Air Quality
119. Evangeline Poulos
120. Justin L.
Street Safety
121. Todd Andrew (2)
Courtyard Housing
122. John J. Parman
Tuesday, September 9, 2025 AGENDA Page 19
Crosswalk Safety Concern
123. David Lerman
Evacuation Map
124. Margot Smith
Housing Concerns
125. Baiyu Chen Be (2)
126. Vincent Chen
127. Jodi Schiller
128. Hector91 Phuentes (4)
129. Alex S. Merenkov (5)
130. Alesia Williams (3)
131. Margaret Mele
132. Gill Manreet
The Grubb Co.
133. DJ Grubb
Heads Up
134. Boona Cheema
Forwards
135. Eid’s TV and Electronics
136. Cheryl Davila
E-Scooters
137. Robert Borghese (12)
138. Robert Byler
139. Sandra Sanchez (3)
Middle East Conflict
140. Ayla Azim
141. Nicoletta Karam (3)
142. Crustyrusty (3)
143. Caterina Newman
144. Russbumper
145. Matt O’Brien
URL’s
146. Russbumper (12)
147. Crustyrusty
148. Nicoletta Karam
149. Andrea Pritchett
150. Inetjalopy
Tuesday, September 9, 2025 AGENDA Page 20
Supplemental Communications and Reports
Items received by the deadlines for submission will be compiled and distributed as follows. If no items are received by the deadline, no supplemental packet will be compiled for said deadline.
• Supplemental Communications and Reports 1
Available by 5:00 p.m. five days prior to the meeting.
• Supplemental Communications and Reports 2
Available by 5:00 p.m. the day before the meeting.
• Supplemental Communications and Reports 3
Available by 5:00 p.m. two days following the meeting.
Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: https://berkeleyca.gov/
RECESS ITEM
CONSENT CALENDAR
September 9, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Henry Oyekanmi, Director, Finance
Subject: Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After City Manager Approval on July 30, 2025
RECOMMENDATION
Ratify the action taken by the City Manager during recess to approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval.
NEGATIVE EFFECT IF ACTION IS DELAYED UNTIL AFTER COUNCIL RECESS Approving this solicitation will allow the Department to establish a new vendor to provide Advanced Firefighter Personal Protective Equipment (PPE) cleaning, repair, and decontamination services. If the solicitation process does not move forward during the recess, the current contract will expire without a replacement in place, creating a gap in this essential service.
Maintaining uninterrupted PPE maintenance is critical for ensuring firefighter safety, health, and regulatory compliance.
FISCAL IMPACTS OF RECOMMENDATION
Total estimated cost of items included in this report is Project Fund Source Amount
Advanced PPE
Cleaning &
Inspections
011-72-742-835-
0000-000-422-
612990-
147-72-742-835-
0000-000-422-
612990-
General Fund
UC LRDP
$25k
$24k
Formal Bid Solicitations and Request for Proposals
Scheduled for Possible Issuance After
City Manager Approval on July 30, 2025 CONSENT CALENDAR September 9, 2025
CURRENT SITUATION AND ITS EFFECTS
On May 6, 2008, Council adopted Ordinance No. 7,035-N.S. effective June 6, 2008, which increased the City Manager’s purchasing authority for services to $50,000. As a result, this required report submitted by the City Manager to Council is now for those purchases in excess of $100,000 for goods; and $200,000 for playgrounds and construction; and $50,000 for services. If Council does not object to these items being sent out for bid or proposal within one week of them appearing on the agenda, and upon final notice to proceed from the requesting department, the IFB (Invitation for Bid) or RFP (Request for Proposal) may be released to the public and notices sent to the potential bidder/respondent list.
BACKGROUND
On May 6, 2008, Council adopted Ordinance No. 7,035-N.S., amending the City Manager’s purchasing authority for services
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The Finance Department reviews all formal bid and proposal solicitations to ensure that they include provisions for compliance with the City’s environmental policies. For each contract that is subject to City Council authorization, staff will address environmental sustainability considerations in the associated staff report to City Council.
RATIONALE FOR RECOMMENDATION
Need for the goods and/or services.
ALTERNATIVE ACTIONS CONSIDERED
None.
CONTACT PERSON
Roopreet Walia-Soorma, Senior Buyer, Finance, 510-981-7311 Attachments:
1: Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on July 30, 2025
a. Advanced PPE Cleaning & Inspections
NEXT 30 DAYS
DATE SUBMITTED: July 30, 2025
Attachment 1
SPECIFICATION
NO.
DESCRIPTION OF GOODS /
SERVICES BEING
PURCHASED
APPROX. RELEASE
DATE
APPROX. BID
OPENING DATE
INTENDED USE ESTIMATED COST BUDGET CODE TO BE CHARGED DEPT. / DIVISION CONTACT NAME & PHONE 26-11753-C Advanced PPE Cleaning &
Inspections
9/10/2025 10/10/2025 Vendor to conduct advanced
cleaning, inspection and
repair of firefighter personal
protection equipment
$200,000.00 011-72-742-835-0000-000-422-612990
$25k 147-72-742-835-
0000-000-422-612990 $24k
Fire David Sprauge 510-
981-3473
TOTAL $200,000
1 of 1
Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: https://berkeleyca.gov/
RECESS ITEM
CONSENT CALENDAR
September 9, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: David Sprague, Fire Chief
Subject: Contract: ImageTrend, Inc. for Fire Department Records Management Software
RECOMMENDATION
Adopt a Resolution ratifying the action taken by the City Manager during recess to enter into a contract with ImageTrend, Inc. for Fire Department Records Management Software (Fire RMS) by piggyback using the Sourcewell Contract No. 030425-IMG for an amount not to exceed $394,736 for the four year base contract period from September 1, 2025 through August 31, 2029 with two (2), three (3) year extensions not to exceed $719,990 from September 1, 2029 through August 31, 2035 with the total contract amount not to exceed $1,114,726.
NEGATIVE EFFECT IF ACTION IS DELAYED UNTIL AFTER COUNCIL RECESS Approval of the contract to implement this Fire Department Records Management Software during the council recess is urgently needed to ensure the department meets the federally mandated transition to the National Emergency Response Information System (NERIS) by January 1, 2026. As outlined by the U.S. Fire Administration, all fire departments nationwide must complete the shift from the legacy NFIRS system to NERIS by that date, as NFIRS will no longer accept incident data for 2026 and beyond.
Delaying approval would postpone onboarding, significantly reducing the department’s time to implement, test, and train on the new system. Early engagement is essential to ensure a smooth and timely transition, avoid any disruption in incident reporting, and maintain eligibility for federal grants and programs tied to compliance with NERIS reporting standards.
FISCAL IMPACTS OF RECOMMENDATION
All funds required to pay for this contract are in the Department’s baseline operating budget. Funding sources may include but are not limited to UC Settlement Agreement, Measure FF and the General Fund.
Contract: ImageTrend, Inc. CONSENT CALENDAR
September 9, 2025
Description Q
a
Type Unit Price Total
CAD Distribution 1 Recurrin
g
$3,280.00 $3,280.00
Onsite Training Session - 8 Hours 3 One
Time
$1,476.00 $4,428.00
Travel 1 One
Time
$1,435.00 $1,435.00
Staffing Solution Integration 1 Recurrin
g
$2,870.00 $2,870.00
Modules Setup & Implementation 3 One
Time
$184.50 $553.50
Elite™ Rescue Premier - SaaS 1 Recurrin
g
$66,420.0
0 $66,420.00
Elite™ Rescue Premier - Setup &
Implementation
1 One
Time
$16,605.0
0 $16,605.00
One-Time Implementation Cost: $23,021.50
FY26 Recurring Cost: $72,570.00
FY26 Contingency (15%) $10,855.50
Anticipated FY26 Total: $106,447.0
0 The annual recurring cost will escalate by five percent (5%) per year. The total contract, inclusive of all extension years, cost escalation and a fifteen percent (15%) contingency shall not exceed $1,114,726.
Contract: ImageTrend, Inc. CONSENT CALENDAR
September 9, 2025
CURRENT SITUATION AND ITS EFFECTS
The U.S. Fire Administration is mandating a nationwide transition from the legacy National Fire Incident Reporting System (NFIRS) to the National Emergency Response Information System (NERIS), with full implementation required by January 1, 2026.
NERIS is a modern, cloud-based platform designed to streamline and enhance national emergency response data collection and provide more actionable insights. As NFIRS will no longer accept incident data beginning in 2026, fire departments must transition their reporting infrastructure and processes to NERIS before that date to remain compliant and avoid service disruptions.
To support the transition to NERIS and improve overall data management, this contract will allow the department to implement a new records management software from ImageTrend. This new RMS will consolidate several currently fragmented data sets; emergency incident reports (NERIS), fire prevention inspections, investigation records, and emergency health records, into a single, integrated platform. In addition to supporting NERIS compliance, ImageTrend will be another key step in the department’s ongoing transition toward more effective data analysis and informed decision-making.
By consolidating multiple data sources and streamlining reporting, the software will strengthen the department’s ability to generate insights, improve operations, and plan strategically for the future.
A working group made up of representatives from each fire department in Alameda County reviewed available vendors and collectively recommended ImageTrend as the best solution. For decades, the Electronic Health Records (EHR) module has been uniform across the county, allowing agencies to align data collection and operational practices. ImageTrend itself has a 25-year history as a leading provider of fire and EMS data management solutions nationwide, with a proven track record of reliability and innovation in the marketplace. In addition to the countywide review, the Fire Department conducted its own internal evaluation process, bringing in representatives from every impacted division to ensure all operational and administrative needs were considered.
This included numerous meetings with the vendor, during which staff carefully analyzed each module to confirm functionality, usability, and overall fit for our organization.
Berkeley is one of the last departments in Alameda County to complete the process of transitioning to ImageTrend. By aligning with the same vendor, our city benefits from shared expertise, consistent data reporting, and improved interoperability across departments.
BACKGROUND
The department’s current RMS vendor will not be making the transition from NFIRS to NERIS, forcing the department to switch platforms. Additionally, maintaining multiple disparate RMS within the Fire Department has created significant inefficiencies across several critical areas. From an operational standpoint, staff must navigate different platforms for incident reporting, fire prevention, investigations, and health records, resulting in duplicated efforts, inconsistent workflows, and increased chances of error.
Contract: ImageTrend, Inc. CONSENT CALENDAR
September 9, 2025
Managing multiple vendor contracts adds an administrative burden and complicates procurement. Additionally, employee training becomes more time-consuming and fragmented, as personnel must learn and maintain proficiency in several systems.
Perhaps most critically, data sharing across platforms is limited or nonexistent, making it difficult to generate comprehensive reports or conduct meaningful analysis to support informed decision-making. A unified RMS addresses all of these challenges by centralizing operations into a single, streamlined platform.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental or climate impacts related to this item.
RATIONALE FOR RECOMMENDATION
1. The department’s current RMS vendor will not be making the transition from NFIRS to NERIS, forcing the department to switch platforms.
2. To improve operational efficiency and streamline internal processes by consolidating multiple critical systems into a single, comprehensive Records Management System (RMS). The proposed solution will unify the Department’s EMS Electronic Health Records software, Fire Prevention Inspection and Investigation software, National Fire Incident Reporting System (NFIRS), and data analytics tools into one integrated platform. This consolidation will reduce the number of software applications that employees must learn and navigate, enhancing user experience and productivity. It will also decrease reliance on multiple vendors, simplifying vendor management and support processes for staff. Importantly, integrating these systems will enable better transfer of data between modules, allowing for more seamless workflows and improved accuracy. It will also enhance our ability to analyze data across all functional areas, leading to more informed decision-making and improved service delivery.
3. To keep the Department’s Electronic Health Records (EHR) module of fire department Records Management Systems uniform with other departments across the county, allowing agencies to align data collection and operational practices.
ALTERNATIVE ACTIONS CONSIDERED
The department must move to a new RMS because the current vendor is not upgrading its software from NFIRS to NERIS.
CONTACT PERSON
David Sprague, Fire Chief, (510) 981-3473,
Attachments:
1: Resolution
RESOLUTION NO. ##,###-N.S.
CONTRACT: IMAGETREND, INC. FOR FIRE DEPARTMENT RECORDS
MANAGEMENT SOFTWARE
WHEREAS, the U.S. Fire Administration is requiring all fire departments to transition from the National Fire Incident Reporting System (NFIRS) to the National Emergency Response Information System (NERIS) by January 1, 2026, at which point NFIRS will no longer accept incident data; and
WHEREAS, the Berkeley Fire Department must implement a new Records Management Software (RMS) capable of meeting the NERIS reporting requirements to maintain compliance and ensure continued access to federal funding and programs; and WHEREAS, the Department must move to a new RMS because the current vendor is not upgrading its software from NFIRS to NERIS; and
WHEREAS, maintaining the Department’s current suite of disparate software systems is inefficient, requiring additional staff training, duplicative contract management, and limiting the ability to analyze and share data effectively; and WHEREAS, all funds required to pay for this contract are in the Department’s baseline operating budget including but not limited to UC Settlement Agreement, Measure FF and the General Fund.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council hereby ratifies the action taken by the City Manager during recess to execute a contract with ImageTrend, Inc. for the implementation of a Fire Department Records Management Software by piggyback using the Sourcewell Contract No. 030425-IMG for an amount not to exceed $394,736 for the four year base contract period from September 1, 2025 through August 31, 2029 with two (2), three (3) year extensions not to exceed $719,990 from September 1, 2029 through August 31, 2035 with the total contract amount not to exceed $1,114,726.
Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 • Tel: 510.981.6700 • TDD: 510.981.6903 • Fax: 510.981.6710 E-mail: [email protected] Website : http://www.CityofBerkeley.info/Manager
RECESS ITEM
CONSENT CALENDAR
September 9, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Scott Ferris, Director, Parks Recreation & Waterfront Subject: Contract: Throne Lab Portable Toilet Pilot Program
RECOMMENDATION
Adopt a Resolution ratifying the action taken by the City Manager during recess authorizing the City Manager to execute a contract and any amendments with Throne Lab, Inc. to provide a pilot program of portable toilet services for a total amount not to exceed $70,000.
NEGATIVE EFFECT IF ACTION IS DELAYED UNTIL AFTER COUNCIL RECESS The portable toilets from Throne Lab, Inc. have technology that provides information to evaluate this service and decide on next steps. A delay would mean that sufficient data will not be collected during the higher-use months of the Fall.
FISCAL IMPACTS OF RECOMMENDATION
Funds for the four-month portable toilet pilot program will be provided by the General Fund (011) ($35,000) and Parks Tax Fund (138) ($35,000).
CURRENT SITUATION AND ITS EFFECTS
In the summer of 2025, after reviewing a range of vendors of portable restrooms, staff found Throne Labs, Inc., a vendor with high quality portable restrooms with electronic access controls and monitoring capabilities already being successfully operated in Los Angeles, Michigan, Washington D.C., and the Bay Area, including Martinez, Palo Alto, Redwood City and Sunnyvale. Sufficient funds have been identified to conduct a four (4) month pilot program to operate two Throne Lab portable restrooms and collect usage data at Cesar Chavez Park and Civic Center Park in Berkeley. Staff will evaluate Throne’s restrooms’ effectiveness, impact and comparative cost to other temporary and permanent restroom solutions.
BACKGROUND
The Citywide Restroom Study of 2020 performed an evaluation of existing public restrooms, a community input process, and research into ecologically-friendly restrooms
RECESS ITEM
Contract: Throne Lab Portable Toilet Pilot Program CONSENT CALENDAR September 9, 2025
with the goal of providing recommended locations and types and conceptual designs for upgrades of existing and new public restroom solutions in Berkeley.1 The study recommends monitoring permanent and portable restrooms to provide information about how many people use which restrooms when, and what was their experience. This information can help the City better meet the needs of the public with optimized hours of operation and frequency of cleaning.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Providing public restrooms may help reduce open defecation which impacts stormwater and public health. There are no identifiable climate impacts associated with the recommendation contained in this report.
RATIONALE FOR RECOMMENDATION
Throne Labs, Inc. has been successful in providing effective portable public toilets with electronic access controls and data monitoring capabilities in Los Angeles, Michigan, Washington D.C., and the Bay Area, including Martinez, Palo Alto, Redwood City and Sunnyvale. A four-month pilot program in Berkeley will provide the City with the information needed to evaluate Throne’s restrooms’ effectiveness and help the City potentially expand cost-effective public restroom amenities that best meet the City’s needs in the future.
ALTERNATIVE ACTIONS CONSIDERED
None
CONTACT PERSON
Scott Ferris, Director, Parks, Recreation & Waterfront Department, 981-6700 Attachments:
1: Resolution
1 https://berkeleyca.gov/sites/default/files/documents/Citywide%20Restroom%20Study%20and%20Executi ve%20Summary%20-%202020-10-06%20-%20Final.pdf
RESOLUTION NO. ##,###-N.S.
CONTRACT: THRONE LAB PORTABLE TOILET PILOT PROGRAM
WHEREAS, the Citywide Restroom Study of 2020 performed an evaluation of existing public restrooms, a community input process, and research into ecologically-friendly restrooms with the goal of providing recommended locations and types and conceptual designs for upgrades of existing and new public restroom solutions in Berkeley; and WHEREAS, the study recommends understanding how many people use which restrooms when, and what was their experience. This information can help the City better meet the needs of the public with optimized hours of operation and frequency of cleaning; and WHEREAS, in the summer of 2025, after reviewing a range of vendors of portable restrooms, staff found Throne Labs, Inc., a vendor with high quality portable restrooms with electronic access controls and data monitoring capabilities already being successfully operated in Los Angeles, Michigan, and Washington D.C., and the Bay Area; and WHEREAS, sufficient funds are available in the General Fund 011 ($35,000) and the Parks Tax Fund 138 ($35,000) to conduct a four-month pilot program to operate two Throne Lab portable restrooms at Cesar Chavez Park and Civic Center Park.
NOW THEREFORE BE IT RESOLVED by the Council of the City of Berkeley that the Council ratifies the action taken by the City Manager during recess to execute a contract and any amendments with Throne Lab, Inc. to provide a pilot program of portable toilet services for a total amount not to exceed $70,000. A record signature copy of said contract and any amendments to be on file in the Office of the City Clerk.
Internal
Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: https://berkeleyca.gov/
RECESS ITEM
CONSENT CALENDAR
September 9, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Terrance Davis, Director, Public Works
Subject: Contract No. 32100160 Amendment: Alameda-Contra Costa County Transit District (AC Transit) For EasyPass Program 2021-2025
RECOMMENDATION
Adopt a Resolution ratifying the action taken by the City Manager during recess to amend Contract No. 32100160 to cover expenses for the remainder of 2025 for employee transit pass program with an additional $125,086 for a new total amount not to exceed $899,539.
NEGATIVE EFFECT IF ACTION IS DELAYED UNTIL AFTER COUNCIL RECESS If delayed until after recess, the required timeline for the City’s internal contract execution would exceed the deadline to remit payment to AC Transit to ensure ongoing coverage of employees utilizing this commuter benefit. Non-payment would lead to additional car trips by City staff, additional congestion around City facilities and would impact available public parking in areas surrounding City facilities.
FISCAL IMPACTS OF RECOMMENDATION
Currently, $35,869 is available in Contract No. 32100160 which had an original not to exceed amount of $774,453. The additional $125,086 is available in the General Fund Payroll Deduction Trust Fund. This same fund has historically covered this expense.
CURRENT SITUATION AND ITS EFFECTS
The City and AC Transit formed a partnership to establish an employee transit pass program in 2002 to provide all eligible City employees unlimited rides on all AC Transit buses. Delay in payment may result in program disruption.
By continuing to provide this employee benefit program, the City remains a model employer for Berkeley businesses required to offer a Commuter Benefit Program (Berkeley Municipal Code 9.88) or Trip Reduction Information Program.
The City’s contract with AC Transit was previously managed by Public Works, but as it is a benefit provided to City staff, it is moving under the management of the Human
Contract No. 32100160 Amendment: Alameda-Contra Costa County Transit District (AC Transit) For EasyPass Program 2021-2025 CONSENT CALENDAR September 9, 2025
Resources Department. The amount reflected in this Resolution, corresponds to an amount that had been previously billed to the City amid a staffing vacancy in Public Works and serves to close the current contract, prior to execution of a new contract for the next five-year period.
Maintaining funding for AC Transit’s Easy Pass for City staff is in alignment with the City’s Strategic Plan Priorities, advancing the goal to be a global leader in addressing climate change, advancing environmental justice, and protecting the environment, while attracting and retaining a talented and diverse City government workforce.
BACKGROUND
Council previously approved extension of the program since its inception in 2002, again in 2015 (Resolution No. 66,888-N.S.) and in 2021 (Resolution 69,663-N.S.). While it is customary for the City to extend Requests for Proposals to manage expenditures of this size and duration, AC Transit is the sole public transit provider able to meet the program requirement and the City must execute a contract directly with the public agency. A new contract will be executed for future years, as this Amendment only covers the remainder of 2025.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
By maintaining the AC Transit EasyPass Program, the City is reducing vehicle miles traveled in individual vehicles and reducing associated greenhouse gasses by encouraging staff to utilize public transit.
RATIONALE FOR RECOMMENDATION
Without payment, there may be a disruption in service provided to City staff,
ALTERNATIVE ACTIONS CONSIDERED
There is not another public transit agency that can provide the associated services within this contract. Nonpayment would cause a disruption in service for staff depending on utilizing the EasyPass program for their workday commute. This is an ongoing benefit provided to City staff, which staff rely on to commute to their associated City workplaces.
CONTACT PERSON
Amanda Montez, Senior Management Analyst, Public Works, (510) 981-6317 Attachments:
1: Resolution
RESOLUTION NO. ##,###-N.S.
CONTRACT NO. 32100160 AMENDMENT: ALAMEDA-CONTRA COSTA COUNTY TRANSIT DISTRICT (AC TRANSIT) FOR EASYPASS PROGRAM 2021 TO 2025 WHEREAS, in January 2002 the City and AC Transit formed a partnership to establish an employee transit pass program to provide all eligible City employees unlimited rides on all AC Transit buses; and
WHEREAS, the concentration of public bus service in Berkeley and the size of the City's workforce support an employee pass program with the Alameda-Contra Costa Transit District (AC Transit); and
WHEREAS, the EasyPass program is a proven and popular benefit encouraging use of public transit for City employees, and contributing to reduction in the use of single occupancy vehicles for work and recreational travel; and WHEREAS, by continuing to provide this employee benefit program, the City remains a model employer for Berkeley businesses required to offer a Commuter Benefit Program (Berkeley Municipal Code 9.88) or Trip Reduction Information Program; and WHEREAS, since forming a partnership in 2002 to establish the EasyPass (then EcoPass) Program, the City of Berkeley and AC Transit has offered employees unlimited usage passes for all AC Transit local and Transbay buses; and WHEREAS, the Council has approved extension of the program since its inception in 2002, again in 2015 (Resolution No. 66,888-N.S.) and most recently in 2021 (Resolution 69,663-N.S.); and
WHEREAS, the funding for the contract period beginning in 2021 and ending in 2025 was not sufficient to cover staff needs, which require an amendment to add $125,086 for a new total amount not to exceed $899,539; and
WHEREAS, $35,869 is available in contract #32100160 which had an original not to exceed amount of $774,453. An additional $125,086 is available in the General Fund Payroll Deduction Trust Fund to cover the amount needed to remit full payment for the 2025 calendar year.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council ratifies the action taken by the City Manager to execute an amendment to Contract No. 32100160 with the Alameda- Contra Costa County Transit District (AC Transit) for the continuation of the EasyPass annual bus transit pass program for City of Berkeley employees adding $125,086 for a new amount not to exceed $899,539 for the 5-year period January 1, 2021 through December 31, 2025.
Ordinance No. 7,983-N.S. Page 1 of 10
ORDINANCE NO. 7,983-N.S.
AMENDMENTS TO BERKELEY MUNICIPAL CODE TITLE 23 (ZONING) RELATED TO ADUS
BE IT ORDAINED by the Council of the City of Berkeley as follows:
Section 1. That Berkeley Municipal Code Section 23.306.010(A) is amended to read as follows:
A. Implement California Government Code Sections 66314 through 66339.
Section 2. That Berkeley Municipal Code Section 23.306.020(C) is amended to read as follows:
C. Density Exemption and Growth Limits. ADUs are considered an accessory use consistent with the parcel’s General Plan and zoning designation, shall not count toward the allowable density, and shall not be subject to any local ordinance, policy, or program that limits residential growth.
Section 3. Specific Findings:
A. The intent of Berkeley’s Hillside Overlay zone, as set forth in BMC 23.210.020, is to protect the safety and health of residents in an area comprised of Berkeley’s Very-High Fire Hazard Severity Zones and Wildland-Urban Interface (WUI) Fire Areas. The Hillside Overlay has unique conditions, including limited transit access, steep topography, proximity to forested wild land, and vegetation that create a high risk of wildfires, earthquakes, and landslides. These hazards put residents of the Hillside Overlay at greater risk than residents of other parts of the City.
1. On March 18, 2025 the City adopted a Local Hazard Mitigation Plan that identifies Earthquake and Wildland-Urban Interface Fire as "Likely" and "Catastrophic" events.
2. The earthquake risk in the Hillside Overlay is exceptionally high because the Hayward Fault bisects the Hillside Overlay, traversing the full length of these zones, with violent (Level 9 of 10) shaking predicted in the US Geologic Services Hayward Fault earthquake scenario (HayWired).
3. The 2014 Working Group on California Earthquake Probabilities calculated that there is a 33 percent likelihood of a large (magnitude 6.7 or greater) earthquake occurring on the Hayward Fault within three decades. On March 9, 2015, a report published by the U.S. Geological Survey found that the
Ordinance No. 7,983-N.S. Page 2 of 10
Bay Area has a 72 percent chance of having at least a magnitude 6.7 earthquake in the same time period.
4. The risk of a wind-driven wildfire is also very high within the Hillside Overlay because of the City’s unique topography, which is flat along the San Francisco Bay in the west but turns into steeper, sloped terrain approaching 1,000 feet in elevation along the City’s eastern edge, as well as strong winds that develop in the late spring and early fall. Vegetation/wildland fires tend to burn more intensely and spread faster when burning uphill and up- canyon, unless they are wind-driven, which can then cause intense and rapid burning downhill.
5. The high fire risk within the Hillside Overlay is demonstrated by Berkeley’s history of catastrophic wildfires. Wildfires that occurred in Berkeley in 1905, 1923, 1946, 1970 and 1991 resulted in loss of injury, loss of life, extensive damage and destruction of property and enormous economic impacts. The two most notable are:
a) In 1923, a wildfire swept out of Tilden Park through Berkeley, ultimately destroying approximately 600 homes, as well as churches, schools, libraries, and student living quarters. At that time, the population of Berkeley was 52,000. One thousand residents were displaced or left homeless. The fire traveled across the then sparsely populated ridge line to what is now Tunnel Road and down to the intersection of Shattuck and Hearst in the downtown.
b) In 1991, the Tunnel Fire burned over 1,500 acres, claiming 25 lives and destroying approximately 3,000 structures in southeast Berkeley and Oakland. Had the wind direction not shifted, many more people could have died, and more of Berkeley would have been destroyed.
6. The number of large wind-driven wildfires will only continue to grow as the climate changes. According to CalFIRE, 15 of the 20 most destructive California wildfires ever recorded have occurred in the past 10 years. In the 67 years between 1932 and 1999, 572,000 acres burned in California. In the 20 years from 2000 to 2020, over 4,000,000 acres have burned.
B. Structure Separation Distance (SSD) is related to the number of structures per acre. These are two measurements that play a key role in affecting the speed of a fire’s spread. According to recognized industry models from the National Institute of Standards and Technology (NIST), California Department of Forestry and Fire Protection (CAL FIRE), and Insurance Institute for Business & Home Safety (IBHS), the closer together two structures are situated, and the higher the number of structures per acre, the higher the likelihood that a fire will rapidly spread between structures, creating a risk of a large-scale urban conflagration.
1. SSD is categorized into three risk profiles; Low Density with an SSD of greater than 50 feet, Moderate Density with an SSD of 25 feet to 50 feet, and High Density with an SSD of less than 25 feet.
Ordinance No. 7,983-N.S. Page 3 of 10
2. The majority of the Hillside Overlay in in the highest risk category with less than 25 feet SSD between structures. Over 3,000 structures in the Hillside Overlay have less than 11 feet of separation and over 1,700 structures have less than 5.5 feet SSD. High-density communities with closely spaced structures create a high risk of rapid, uncontrolled fire spread.
3. The structural density of a Wildland Urban Interface is categorized into one of seven risk profiles with the highest-density communities having 8 housing units per acre (HU/ac), and being 320 times denser than the lowest-density WUI areas, which have 0.02 HU/ac (1 HU on 40 acres). Almost the entire Hillside Overlay is in one of the two highest risk categories with between 4 and 6 structures per acre.
4. As more open space on a parcel is filled with structures, fire can spread along features including primary structures, auxiliary structures, fences, wood piles, decks, and vehicles. This fuel agglomeration may have an impact on structure-to-structure fire spread during an urban, wind-driven conflagration.
5. On June 10, 2021, a study published by UC Berkeley researchers concluded that continued development in the wildland-urban interface will make California’s supply of housing more vulnerable, undermine state efforts to curb carbon emissions, further degrade the state’s wildland habitats, and create fiscal challenges for state and local governments in the event of post-disaster recovery.
C. Due to the risk of earthquakes, fires, and other hazards, it is essential that emergency responders have ready accessibility to injured persons and damaged property, and that residents be able to evacuate quickly and efficiently.
Nonetheless, conditions within the Hillside Overlay combine to compromise emergency access egress and accessibility for emergency responders.
1. A majority of streets in the Hillside Overlay are less than 26 feet in width, and include conditions such as steep slopes, sharp curves and acute- angled corners. This increases the chance that, in the event that a large- scale evacuation is initiated, residents will become trapped in clogged exiting traffic and succumb to smoke, heat and fire, as seen in recent wildfires.
2. The majority of transit within the Hillside Overlay does not meet the definition of major transit stops and high quality transit corridors as defined in California Public Resources Code Section 21155. Bus service (AC Transit Lines 7, 65 and 67) runs at headways of 45 minutes or longer, with limited or no service on evenings, weekends and holidays. The lack of available transit exacerbates the hazardous conditions that currently exist with respect to traffic flow and public safety in the likely event of a catastrophic wildfire or earthquake.
3. Increased vehicle density will add to these risks, as the Hillside Overlay does not have the capacity to have additional vehicles parked on the street
Ordinance No. 7,983-N.S. Page 4 of 10
without jeopardizing access and ingress during emergencies. On August 10, 2021, a study published by UC Berkeley researchers concluded that in the best-case scenario, if each household evacuated from the Berkeley hills with one vehicle, estimated evacuation time would be two hours and 245 vehicles would be exposed to immediate fire danger. However, if each household evacuated with 1.7 vehicles, evacuation time would increase to three hours and 782 vehicles would be exposed to immediate fire danger.
On July 15, 2025, the City of Berkeley published an Evacuation Time Estimate Study which found that a scenario of maximum permissible ADU development in the Hillside Overlay zone could increase evacuation times by as much as 102%. It also described how increasing population density in an area, even when the added people do not own vehicles, can increase emergency evacuation times and create public safety impacts. Therefore, the Study recommended that the City institute separate, more restrictive ADU/JADU development provisions in the Hillside Overlay.
D. All of these conditions necessitate reasonable limitations on ADUs within the Hillside Overlay in order to reduce exposure to hazardous conditions.
Section 4. That Table 23.306-1 (ADU and Junior ADU Maximum Number of Units per Lot) within Berkeley Municipal Code Section 23.306.020 is amended to read as follows:
Table 23.306-1 ADU AND JUNIOR ADU MAXIMUM NUMBER OF UNITS PER LOT
USE, PRIMARY ADU AND JADU, MAXIMUM PER LOT
Single Family Dwelling, one unit on lot 1 Conversion ADU, 1 New Construction ADU1, and 1 Junior ADU. All are permitted.
Single Family Dwelling, more than one unit
on lot
1 ADU
Existing Multifamily Dwelling
Outside Hillside Overlay 8 New Construction ADUs 1, provided that the number of ADUs does not exceed the
number of existing units, and at least one
interior ADU up to 25% of the total number
of existing dwelling units on the lot.
Within Hillside Overlay 8 Detached ADUs, provided that the number of ADUs does not exceed the
Ordinance No. 7,983-N.S. Page 5 of 10
number of existing units, and at least one
interior ADU up to 25% of the total number
of existing dwelling units on the lot.
Proposed Multifamily Dwelling
Outside Hillside Overlay 2 New Construction ADUs1
Within Hillside Overlay 2 Detached ADUs
Group Living Accommodation 1 ADU
1. New Construction ADUs may be either attached or detached from the main building(s) and/or other ADUs, in any configuration.
Section 5. That Table 23.306-2 (ADU Development Standards) within Berkeley Municipal Code Section 23.306.030 is amended to read as follows:
Table 23.306-2 ADU DEVELOPMENT STANDARDS
BASIC STANDARDS SUPPLEMENTAL
STANDARDS
Gross Floor Area, Maximum
Outside Hillside Overlay 1,200 sf
Within Hillside Overlay 850 sf (studio or 1
bedroom)
1,000 sf (2+ bedrooms)
23.306.030(A)(1)
23.306.030(A)(2)
23.306.030(A)(3)
Building Height, Maximum, Outside Hillside Overlay
Conversion Same as existing
structure
23.306.030(A)(1)
23.306.030(A)(3)
Detached or Attached, New
Construction
25 ft. 23.306.030(A)(5)
Ordinance No. 7,983-N.S. Page 6 of 10
23.306.030(A)(6)
Building Height, Maximum, Within Hillside Overlay
Conversion Same as existing
structure
23.306.030(A)(1)
23.306.030(A)(3)
Detached 20 ft
Attached 25 ft or height limit
applicable to the
existing building,
whichever is lower.
23.306.030(A)(4)
Lot Line Setbacks, Minimum
Rear 4 ft.
Interior Side 4 ft.
Street Side 4 ft.
23.306.030(A)(3)
23.306.030(A)(5)
Required Off-Street Parking Spaces See 23.322.030 – Required Parking Spaces
Section 6. That Municipal Code Section 23.306.030(A)(2) through (8) is amended to read as follows:
2. Multi-family Dwelling Conversion. Interior ADU(s) must be created entirely through non-habitable residential portions of the existing multi-family dwelling structures that are not within the living space of a dwelling unit (e.g. basements, attics, garages, storage rooms, boiler rooms, passageways).
3. Accessory Building or Accessory Structure Conversion. An ADU converted from an accessory building or accessory structure is allowed to maintain non- conformity to the same location and dimensions of the existing accessory building
Ordinance No. 7,983-N.S. Page 7 of 10
or accessory structure, provided that the ADU meets fire and safety standards set forth in the California Building Standards Code adopted in BMC Title 19. Any physical additions to the existing accessory building or accessory structure shall comply with the development standards in Table 23.306-2 ADU Development Standards.
4. Attached ADU. An ADU shall be considered attached if sharing a common wall with a primary dwelling.
5. Detached ADU Setback Exceptions. If there is a lesser setback allowed in 23.304.060 -- Accessory Buildings and Enclosed Accessory Structures for a comparable accessory building or accessory structure in the underlying zoning district, that setback shall apply.
6. Attached ADU, New Construction Height. Attached ADUs with height up to 25 ft. allowed with a Zoning Certificate.
Section 7. That Municipal Code Section 23.306.030(B) (1) is amended to read as follows:
1. Basic Standards. A Junior ADU shall be contained entirely within an existing or proposed single family dwelling (including basements, attics, storage rooms, boiler rooms, and passageways) or its attached garage, and have no more than 500 square feet in floor area.
Section 8. That Municipal Code Section 23.306.030(D) is amended to read as follows:
D. Rooftop Decks. Roofs on ADUs may be designed, converted, or used as usable open space with a maximum additional height allowance of nine feet (beyond the height maximum allowed by development standards) only to enable rooftop access and protective railings.
Section 9. That Municipal Code Section 23.306.040(A) is amended to read as follows:
A. Zoning Certificate. An application for an ADU or Junior ADU shall be allowed with a Zoning Certificate. The review must be completed, and the application approved or denied, within 60 days of receipt of a completed application. A completed application must include evidence of compliance with this Chapter, including development standards.
Ordinance No. 7,983-N.S. Page 8 of 10
1. If an application to create an ADU or Junior ADU is submitted as part of a project that requires discretionary review, a Zoning Certificate for a building permit shall not be issued for the ADU or Junior ADU until the discretionary approval(s) has/have been granted and any applicable appeal periods have expired.
See 23.404.060(A) Post-Decision Provisions (Effective Dates).
2. Issuance of a Zoning Certificate shall not be denied for the construction or conversion of an ADU or Junior ADU that complies with the requirements of Government Code Section 66323.
3. Issuance of a Zoning Certificate for the construction or conversion of an ADU or Junior ADU shall not be denied based on the failure of an applicant to correct a nonconforming zoning condition.
4. If the Zoning Officer denies an application, the applicant shall be provided, within the same 60-day period, a written notice identifying all deficiencies in the application and a description of how the application may be corrected.
Section 10. That Municipal Code Section 23.306.040(C)(2) and (3) are amended to read as follows:
2. The ADU shall not be sold separately from the main building unless the conditions of BMC 23.306.040(D) -- ADUs Developed by a Qualified Nonprofit Developer are met, or as otherwise permitted by state law;
3. The ADU shall not be rented for a term that is shorter than 30 days; and Section 11. That Municipal Code Section 23.306.040(D) is amended to read as follows:
D. ADUs Developed by a Qualified Nonprofit Developer. An ADU built or developed by a "qualified nonprofit corporation" may be sold or conveyed separately from the main building to a "qualified buyer," as such terms are defined in subdivision (b) of Section 66340 of the California Government Code. The ADU must be held pursuant to a recorded tenancy in common agreement recorded on or after December 31, 2021 that includes the following elements:
1. Delineation of all areas of the property that are for the exclusive use of a cotenant;
2. Delineation of each cotenant’s responsibility for the costs of taxes, insurance, utilities, general maintenance and repair, and improvements associated with the property;
Ordinance No. 7,983-N.S. Page 9 of 10
3. Procedures for dispute resolution among cotenants before resorting to legal action;
4. Allocates to each qualified buyer an undivided, unequal interest in the property based on the size of the dwelling each qualified buyer occupies;
5. A repurchase option that requires the qualified buyer to first offer the qualified nonprofit corporation to buy the ADU or primary dwelling if the buyer desires to sell or convey the property;
6. A requirement that the qualified buyer occupy the ADU or primary dwelling as the buyer’s principal residence; and
7. Affordability restrictions on the sale and conveyance of the ADU or primary dwelling that ensure the ADU and primary dwelling will be preserved for low-income housing for 45 years for owner-occupied housing units and will be sold or resold to a qualified buyer.
8. If requested by a utility providing service to the primary residence, the ADU shall have a separate water, sewer, or electrical connection to that utility.
Section 12. That the row “Accessory Dwelling Units” in Table 23.322-1 (Required Off- street Parking in Residential Districts) within Berkeley Municipal Code Section 23.322.030 is amended to read as follows:
Accessory Dwelling Units
Junior ADU: None required
ADU: None required
Section 13. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.
Ordinance No. 7,983-N.S. Page 10 of 10
At a regular meeting of the Council of the City of Berkeley held on July 29, 2025, this Ordinance was passed to print and ordered published by posting by the following vote:
Ayes: Bartlett, Humbert, Kesarwani, Lunaparra, Taplin, Tregub, and Ishii.
Noes: None.
Abstain: O’Keefe, Blackaby.
Absent: None.
Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: https://berkeleyca.gov/
CONSENT CALENDAR
September 9, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Mark Numainville, City Clerk
Subject: Establish 2026 City Council Meeting Schedule
RECOMMENDATION
Adopt a Resolution establishing the City Council regular meeting schedule for calendar year 2026, with starting times of 6:00 p.m.
FISCAL IMPACTS OF RECOMMENDATION
None.
BACKGROUND
Pursuant to the Open Government Ordinance, the Council must adopt an annual meeting schedule with at least 24 meetings. The schedule generally consists of either two or three meetings per month and provides for Spring, Summer and Winter recess periods. Meetings have not been scheduled on City holidays, Election Day or days of major religious/cultural observances that have work restrictions pursuant to Council policy.
The Mayor or a majority of the Council may call special meetings as needed. The Council may also amend the regular meeting schedule when necessary.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects or opportunities, or any climate impacts associated with the subject of this report.
CONTACT PERSON
Mark Numainville, City Clerk, (510) 981-6900
Attachments:
1: Resolution
Exhibit A: 2026 Council Calendar
2: List of Religious/Cultural Observances for 2026
RESOLUTION NO. ##,###-N.S.
ADOPTING THE CITY COUNCIL 2026 REGULAR MEETING SCHEDULE WHEREAS, pursuant to the Open Government Ordinance, the Council must adopt an annual meeting schedule with at least 24 meetings; and
WHEREAS, the proposed schedule (Exhibit A) provides for regular meetings to occur with starting times of 6:00 p.m. on specified Tuesdays of each month with exceptions provided for recess periods or when a meeting would fall on a City, religious or cultural holiday with work restrictions or Election Day; and
WHEREAS, the Council desires to establish as part of their schedule a Winter, Spring and Summer recess period for 2026; and
WHEREAS, the Mayor or a majority of the Council may call special meetings or revise the regular meeting schedule when necessary.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council adopts the 2026 regular meeting schedule on specified Tuesdays at 6:00 p.m. as indicated:
Winter Recess: December 3, 2025 – January 19, 2026
January 20 and January 27, 2026
February 10 and February 24, 2026
March 10 and March 24, 2026
Spring Recess: March 25 – April 13, 2026
April 14, April 21, and April 28, 2026
May 12 and May 19, 2026
June 9, June 16 and June 30, 2026
July 7, July 14 and July 28, 2026
Summer Recess: July 29 – September 14, 2026
September 15 and September 29, 2026
October 13 and October 27, 2026
November 17, 2026
December 1 and December 15, 2026
Winter Recess: December 16, 2026 – January 18, 2027
Exhibit A: 2026 Council Calendar
City Clerk Department 2026 Council Calendar
(Subject to change. For the latest information, please contact the City Clerk Department, 510-981-6900.)
Date Time
January
Winter Recess (Dec. 3, 2025 – Jan. 19, 2026)
Jan 20 6:00 p.m.
Jan 27 6:00 p.m.
February
Feb 10 6:00 p.m.
Feb 24 6:00 p.m.
March
Mar 10 6:00 p.m.
Mar 24 6:00 p.m.
April
Spring Recess (March 25 – April 13, 2026)
April 14 6:00 p.m.
April 21 6:00 p.m.
April 28 6:00 p.m.
May
May 12 6:00 p.m.
May 19 6:00 p.m.
June
June 9 6:00 p.m.
June 16 6:00 p.m.
June 30 6:00 p.m.
July
July 7 6:00 p.m.
July 14 6:00 p.m.
July 28 6:00 p.m.
Summer Recess (July 29 – Sept. 14, 2026)
September
Sept 15 6:00 p.m.
Sept 29 6:00 p.m.
October
Oct 13 6:00 p.m.
Oct 27 6:00 p.m.
November
Nov 17 6:00 p.m.
December
Dec 1 6:00 p.m.
Dec 15 6:00 p.m.
Winter Recess (Dec. 16, 2026 – Jan. 18, 2027)
Exhibit A
City Policy Regarding the Scheduling of City Meetings on All Significant Religious Holidays Religion Holiday
Shinto New Year 1/1/2026 thru 1/3/2026
Hindu Makara Sankranti 1/14/2026
Cultural Chinese New Year (Eve, Day, Lantern Festival) 2/16, 2/17, 3/3 Islam Ramadan (Eve & First Night) 2/17/2026 thru 2/18/2026 Hindu Holi 3/3/2026
Islam Eid al-Fitr 3/19/2026 thru 3/20/2026
Cultural Nowruz* 3/21/2026
Jewish Passover Nights 1 & 2 (7*, 8*) 4/1 - 4/2 (4/8, 4/9) Christian Good Friday 4/3/2026
Christian Easter Sunday 4/5/2026
Jewish Shavuot* 5/21/2026 thru 5/23/2026
Islam Eid al-Adha 5/26/2026 thru 5/27/2026
Buddhist Vesak 5/31/2026
Shinto Obon Ceremony* 8/13/2026 thru 8/15/2026
Jewish Rosh Hashanah 9/11/2026 thru 9/13/2026
Jewish Yom Kippur 9/20/2026 thru 9/21/2026
Jewish Sukkot (1st Day)* 9/25/2026 thru 9/26/2026
Jewish Shmini Atzeret/ Simchat Torah* 10/2/2026 thru 10/4/2026 Hindu Dussehra 10/20/2026
Hindu Diwali 11/8/2026
Baha’i Faith Birth of Bab 11/10/2026
Baha’i Faith Birth of Baha’u’llah 11/11/2026
Jewish Chanukah (1st night) 12/4/2026
Christian Christmas 12/25/2026
Cultural Kwanzaa 12/26/2026 thru 1/1/2027
Jewish Shabbat (Friday sunset to Saturday sunset)* Weekly * Meetings not prohibited, but avoid scheduling meetings if possible 2026 Date(s)
Pursuant to Resolution No. 70,066-N.S., it is the policy of the City to avoid scheduling meetings of City Legislative Bodies (City Council, Policy Committees, Commissions, Task Forces) on religious holidays that incorporate significant work restrictions for common observance in the United States. City legislative bodies must avoid scheduling meetings on the religious holidays listed below.
Attachment 2Page 4 of 4
Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.berkeleyca.gov
CONSENT CALENDAR
September 9, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted By: Mark Numainville, City Clerk
Subject: Voting Delegates – League of California Cities Annual Conference
RECOMMENDATION
Designate Councilmember Lunaparra as the voting delegate and Councilmember Humbert as the alternate for the General Assembly of the Annual League of California Cities conference to be held on Friday, October 10, 2025, in Long Beach.
FISCAL IMPACTS OF RECOMMENDATION
Conference fees of approximately $725 for the full conference or $375 for a one-day pass.
BACKGROUND
Cal Cities laws allow for any official of a member city, with the approval of the city council, to be designated the city’s voting delegate or alternate at the annual General Assembly meeting.
As designated in Resolution No. 71,655-N.S. Councilmember Lunaparra is the City’s representative for the League and Councilmember Humbert is the alternate.
This year’s conference is being held in Long Beach from Wednesday, October 8 through Friday, October 10, 2025. Each city is allowed to cast one vote on matters pertaining to Cal Cities policy. The voting delegate or alternate must be registered for the conference.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects or climate impacts associated with the recommendation of this report.
CONTACT PERSON
Mark Numainville, City Clerk, 981-6900
Attachments
1: Voting Delegate Information
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org DATE: Wednesday, July 16, 2025
TO: Ma
yors, Council Members, City Clerks, and City Managers
RE: DESI
GNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Oct. 8-10, 2025 Long Beach Convention Center
Ever
y year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.
Taki
ng place on Oct. 10, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.
To cas
t a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.
Acti
on by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.
Foll
owing council action, please submit your city’s delegates through the online submission portal by Wed., Sept. 24. When completing the Voting Delegate submission form, you will be asked to attest that council action was taken. You will need to be signed in to your My Cal Cities account when submitting the form.
Sub
mitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre-conference communications with voting delegates.
Conf
erence Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.
Council Action Advised by September 24, 2025
Attachment 1
For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.
Ple
ase view Cal Cities’ even
t and meeting policy in advance of the conference.
Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.
Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.
The voting delegate desk, located in the conference registration area of the Long Beach Convention Center in Long Beach, will be open at the following times: Wednesday, Oct. 16, 8:00 a.m.-6:00 p.m. and Thursday, Oct. 17, 7:30 a.m.-4:00 p.m. On Friday, Oct. 18, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.
The voting procedures that will be used at the conference are attached to this memo.
Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.
Once again, thank you for submitting your voting delegate and alternates by Wednesday, Sept. 24. If you have questions, please contact Zach Seals at [email protected].
Attachments:
• General Assembly Voting Guidelines
• Information Sheet: Cal Cities Resolutions and the General Assembly
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org
General Assembly Voting Guidelines
1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.
2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.
3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.
4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.
5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.
6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.
7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.
Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.
How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode local control.
The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how resolutions and the General Assembly work.
The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.
Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.
Recommendations are forwarded
to the Resolutions Committee.
Who’s who
The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.
Voting delegates
are appointed by each
member city; every city
has one voting delegate.
The General Assembly is a
meeting of the collective
body of all voting
delegates —
one from
every member city.
Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.
Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.
During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.
Cal Cities policy
development is a member-
informed process,
grounded in the voices and
experiences of city officials
throughout the state.
For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved
1 by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.
General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.
2 During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f).
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
September 9, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Tasha Tervalon, Assistant to the City Manger Subject: Contract: African American/Black Professional Community Network for Project Sankofa
RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with African American/Black Professional Community Network (AABPN) with Healthy Black Families as the fiscal sponsor for the African American Holistic Resource Center, Project Sankofa, which will be funded through the State of California Mental Health Services Act (MHSA) Community Services and Supports funds, for a not to exceed amount of $300,000, through June 30, 2026.
FISCAL IMPACTS OF RECOMMENDATION
Funding in the amount of $300,000 provided from the State of California Mental Health Services Act Fund 315 is available in the Adopted FY26 budget.
CURRENT SITUATION AND ITS EFFECTS
Per the City Council approved Mental Health Services Act (MHSA) FY24-FY26 Three Year Program and Expenditure Plan, funding in the amount of $300,000 was allocated to support the African American Holistic Resource Center (AAHRC), Project Sankofa.
The AABPN is the community organization that will implement Project Sankofa, which will provide the following with this funding:
Culturally relevant consultation and outreach in Berkeley schools and youth programs with a goal of 50 students receiving at least 2 sessions. Training & Capacity Building providing culturally grounded sessions for youth, caregivers, and educators that will deliver monthly training to a group of 20 youth. Digital Media Campaign & Civic Engagement for Youth to shift perceptions on mental health through relevant social media and an online magazine. Three (3) youth and young adult interns will be tasked to create bi-weekly posts, 1 virtual town hall and additional online articles.
Contract: African American/Black Professional Community CONSENT CALENDAR Network for Project Sankofa September 9, 2025
Healing Circles & Forums providing community healing spaces with meals, storytelling, and resource-sharing that will deliver community-based healing spaces with meals, storytelling, and resource-sharing including an in-person Juneteenth event and online forum for Black History month. Community Print & Digital Distribution providing the development of culturally specific wellness materials for the community with input from the youth. Flyers, brochures, and a website for the community with dedicated input and engagement from youth will be developed and made available.
Project Sankofa will leverage community partnerships to assist with implementation, training, content development, and direct community engagement. These partners include Berkeley City College Wellness Program, Association of Black Psychologists, National Association of Black Social Workers (NABSW), Local Universities and Community Colleges, Faith-based networks and clergy, and Parent-teacher associations and community elders. The City has designated Healthy Black Families, a local 501(c)(3) non-profit organization, as the fiscal sponsor of Project Sankofa. In this role, Healthy Black Families will oversee the financial operations and fiduciary administrative tasks for this project. The project will be managed through the City Manager’s Office.
BACKGROUND
The State of California provides MHSA funding for local mental health services and supports. One of the annually occurring MHSA funding components is Community Services & Supports (CSS). MHSA CSS funds are primarily to be utilized for treatment services and supports for Severely Mentally Ill Adults and Seriously Emotionally Disturbed Children and Youth, and for general system development.
To utilize MHSA funds, stakeholder informed Three Year Plans and Annual Updates that outline how funds are to be utilized are required to be developed and locally approved. Per Resolution No. 70,990-N.S., the City Council approved the MHSA FY24- FY26 Three Year Program and Expenditure Plan, which allocated funding for the AAHRC Project Sankofa.
The AAHRC will be a state-of-the-art resource center where culturally congruent services will be provided for African Americans to obtain the support they need to decrease inequities and disparities and build community. The AAHRC will be comprised of various service components. Project Sankofa is one of the services that is being introduced before the official opening of the AAHRC in Berkeley.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects or opportunities associated with the subject of this project.
Contract: African American/Black Professional Community CONSENT CALENDAR Network for Project Sankofa September 9, 2025
RATIONALE FOR RECOMMENDATION
The execution of this contract will ensure that once opened, the AAHRC will be home to new mental health and wellness services for the African American community in Berkeley.
ALTERNATIVE ACTIONS CONSIDERED
As funding for the AAHRC Project Sankofa was included in the City Council approved MHSA FY24-26 Three Year Plan, and Healthy Black Families has been designated as the fiscal sponsor of this project, there were no other alternative actions considered.
CONTACT PERSON
Tasha Tervalon, Assistant to the City Manager, (510) 981-5347 Attachments:
1: Resolution
RESOLUTION NO. ##,###-N.S.
CONTRACT: AFRICAN AMERICAN/BLACK PROFESSIONAL COMMUNITY
NETWORK FOR PROJECT SANKOFA
WHEREAS, the City’s Department of Health, Housing and Community Services, Mental Health Division, receives Mental Health Services Act (MHSA) Community Services and Supports (CSS) funding on an annual basis to provide services and supports for Severely Mentally Ill Adults and Seriously Emotionally Disturbed Children and Youth, and for general system development; and
WHEREAS, in order to utilize MHSA CSS Funds, the Mental Health Division must have a stakeholder informed, locally approved Three Year Plan or Annual Update outlining how funds will be allocated in place; and
WHEREAS, per Resolution No. 70,990-N.S., City Council approved the MHSA FY24- FY26 Three Year Program and Expenditure Plan; and
WHEREAS, the City Council approved MHSA FY24-FY26 Three Year Program and Expenditure Plan included funding for the African American Holistic Resource Center for the City to work with the African American/Black Professional Community Network to implement Project Sankofa; and
WHEREAS, Project Sankofa will provide mental health and wellness services, workshops, healing circles, community engagement activities, and an online social media campaign for African Americans in Berkeley; and
WHEREAS, the African American Holistic Resource Center community-led steering committee has designated Healthy Black Families as the fiscal sponsor for Project Sankofa; and
WHEREAS, the City Manager’s Office will execute and monitor this contract; and WHEREAS, funding in the amount of $300,000 is available in the Adopted FY26 Budget in the Mental Health Services Act Fund 315; and
WHEREAS, MHSA CSS funds in the amount of $300,000 will be transferred to the City Manager’s Office to execute and provide oversight of this contract.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or designee is hereby authorized to execute a contract and any amendments with African American/Black Professional Community Network (AABPN) with Healthy Black Families, as the fiscal sponsor of the African American Holistic Resource Center’s Project Sankofa, for a total contract amount not to exceed $300,000 through June 30, 2026.
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
September 9, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Henry Oyekanmi, Director, Finance
Subject: Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on September 9, 2025
RECOMMENDATION
Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval.
FISCAL IMPACTS OF RECOMMENDATION
Total estimated cost of items included in this report is $1,250,000 PROJECT Fund Source Amount
Specialized Recruitment Services for
the City of Berkeley N/A Various
$250,000 for a
three-year
contract
Mobile Fueling 672 Equipment Maintenance $500,000
Digital Experience Platform 102 Library $250,000
Total: $1,250,000
CURRENT SITUATION AND ITS EFFECTS
On May 6, 2008, Council adopted Ordinance No. 7,035-N.S. effective June 6, 2008, which increased the City Manager’s purchasing authority for services to $50,000. As a result, this required report submitted by the City Manager to Council is now for those purchases in excess of $100,000 for goods; and $200,000 for playgrounds and construction; and $50,000 for services. If Council does not object to these items being sent out for bid or proposal within one week of them appearing on the agenda, and upon final notice to proceed from the requesting department, the IFB (Invitation for Bid) or RFP (Request for Proposal) may be released to the public and notices sent to the potential bidder/respondent list.
Formal Bid Solicitations and Request for Proposals CONSENT CALENDAR Scheduled for Possible Issuance After Council September 9, 2025 Approval on September 9, 2025
BACKGROUND
On May 6, 2008, Council adopted Ordinance No. 7,035-N.S., amending the City Manager’s purchasing authority for services
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The Finance Department reviews all formal bid and proposal solicitations to ensure that they include provisions for compliance with the City’s environmental policies. For each contract that is subject to City Council authorization, staff will address environmental sustainability considerations in the associated staff report to City Council.
RATIONALE FOR RECOMMENDATION
Need for the goods and/or services.
ALTERNATIVE ACTIONS CONSIDERED
None.
CONTACT PERSON
Roopreet Walia-Soorma, Senior Buyer, Finance, 510-981-7311 Attachments:
1: Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on September 9, 2025
a. Specialized Recruitment Services for the City of Berkeley. b. Mobile Fueling
c. Digital Experience Platform
Note: Original of this attachment with live signature of authorizing personnel is on file in Finance Department General Services Division.
NEXT 30 DAYS
DATE SUBMITTED: September 9, 2025
Attachment 1
SPECIFICATION
NO.
DESCRIPTION OF GOODS /
SERVICES BEING
PURCHASED
APPROX. RELEASE
DATE
APPROX. BID
OPENING DATE
INTENDED USE ESTIMATED COST BUDGET CODE TO BE CHARGED DEPT. / DIVISION CONTACT NAME & PHONE 26-11750-C Specialized Recruitment
Services for the City of
Berkeley
9/10/25 10/10/2025 The City is looking for a vendor
that will assist the Human
Resources department with
specialized recruitments.
$250,000 for a three-
year contract.
TBD Human Resources/ Recruitment Benita Torres 510-981-6809 Dept Total $250,000
26-11752-C Mobile Fueling 9/10/25 10/10/2025
Direct fuel delivery of renewable
diesel to City of Berkeley fleet
vehicles primarily garbage trucks
and long haul 18 wheelers at the
Zero Waste Transfer Station
(1201 2nd Street). This is needed
until the Above Ground Storage
Tank is installed.
$500,000 over six
months
672-54-626-722-0000-000-473-642130- Public Works / Equipment Maintenance
Don Colbert 510-981-6468
Sarita Rubio 510-981-5372
Dept Total $500,000
26-11754-C Digital Experience Platform 9/10/25 10/10/2025 A Digital Experience Platform
consisting of a Website Redesign
with a Content Management
System, and a Discovery Layer
for the Berkeley Public Library’s
online catalog. Expected to be a
3 year contract.
$100,000 (year
1/FY26) $75,000
(year 2)
$75,000 (year 3)
Total = $250,000
102-22-247-271-0000-000-463-613130 Library Alicia Abramson [email protected]
510-981-6131
Dept Total $250,000
TOTAL $1,250,000
1 of 1
Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: https://berkeleyca.gov/
CONSENT CALENDAR
September 9, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Scott Gilman, Director, Health, Housing & Community Services Subject: Authorization to Accept One-Time $10,000 Stipend for Service on the California Local Government Agency Executive Committee
RECOMMENDATION
Adopt a Resolution authorizing the City Manager or designee to accept a $10,000 stipend award, for Fiscal Year 2026, from Santa Cruz County Health Services Agency.
This funding will support the City of Berkeley’s Health, Housing, and Community Services Department’s Medi-Cal Administrative Activities Program.
FISCAL IMPACTS OF RECOMMENDATION
The City is eligible to receive a one-time $10,000 stipend as a result of the Local Government Agency (“LGA”) Coordinator’s service on the California Local Government Agency Executive Committee. The stipend will be deposited into Fund 313 (Targeted Case Management). The LGA Coordinator is responsible for oversight of the City’s Medi-Cal Administrative Activities programs.
BACKGROUND
The Medi-Cal Administrative Activities (“MAA”) program, established on January 1, 1995, pursuant to Welfare and Institutions (“W&I”) Code § 14132.47, allows participating Local Governmental Agencies (“LGAs”) to receive federal reimbursement for administrative activities that directly support efforts to identify and enroll potentially eligible individuals into Medi-Cal.
MAA activities aim to promote healthcare access within the county public health system, reduce long-term health care costs for at-risk populations, and coordinate client care across various health providers. Eligible activities include, but are not limited to, conducting Medi-Cal outreach, facilitating eligibility determinations, participating in Medi- Cal program planning, and contract management.
The City of Berkeley has actively participated in the MAA program for over a decade, allowing the City to claim federal reimbursement for administrative activities that support Medi-Cal outreach, enrollment, and coordination. These reimbursements help offset the cost of services staff are already providing—such as referrals, care coordination, and
Authorization to Accept One-time $10,000 Stipend for CONSENT CALENDAR Service on the California Local Government Agency Executive Committee September 9, 2025
program planning—across key Health, Housing, and Community Services (“HHCS”) divisions.
In Fiscal Year 2024–2025, Quarter 4, the City expanded its participation in the MAA program by adding Neighborhood Services in the City Manager’s Office as a new claiming unit. This expansion will further maximize eligible reimbursements and reinforce the City's commitment to resource efficiency.
Additionally, the City’s LGA Coordinator was selected to serve as a Member-at-Large on the California LGA Executive Committee, which brought a $10,000 stipend to the City and enhanced our visibility and leadership in statewide MAA policy and implementation.
Participation in the MAA program supports the City’s strategic goal to provide an efficient and financially healthy City government by leveraging federal resources to sustain and enhance essential services at the local level.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects, climate impacts, or sustainability opportunities associated with the subject of this report.
RATIONALE FOR RECOMMENDATION
Accepting this funding will allow the department to continue supporting the MAA program and sustain activities that generate federal reimbursement for critical Medi-Cal covered services.
ALTERNATIVE ACTIONS CONSIDERED
No alternative actions were identified.
CONTACT PERSON
Tamiko Huey, Senior Management Analyst, HHCS, (510) 725-2243 Attachments:
1: Resolution
RESOLUTION NO. ##,###-N.S.
ACCEPTANCE OF STIPEND FOR SERVICE ON CALIFORNIA LOCAL GOVERNMENT
AGENCY EXECUTIVE COMMITTEE
WHEREAS, the City of Berkeley has participated in the Medi-Cal Administrative Activities (“MAA”) program for over a decade, enabling the City to claim federal reimbursement for administrative activities that support Medi-Cal outreach, enrollment, and coordination; and
WHEREAS, the MAA program supports the City's goal to provide an efficient and financially healthy government by leveraging federal resources to sustain essential public health and human services; and
WHEREAS, the City’s designated MAA Coordinator was selected to serve as a Member- at-Large on the California Local Government Agency Executive Committee, for Fiscal Year 2025–2026; and
WHEREAS, this statewide leadership service entitles the City to receive a one-time $10,000 stipend.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or designee is authorized to accept the one-time $10,000 stipend from the County of Santa Cruz for the MAA Coordinator’s service on the California Local Government Agency Executive Committee and deposit the stipend into Fund 313.
BE IT FURTHER RESOLVED that the accepted funds shall be allocated to support the department’s ongoing participation in the MAA program.
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
September 9, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Scott Gilman, Director, Health, Housing, and Community Services Subject: Reserving Predevelopment Funds for the Development of Affordable Housing on the Ashby BART West Lot
RECOMMENDATION
Adopt a Resolution to:
1. Reserve $2 million for Resources for Community Development (RCD) to support the development of affordable housing at Ashby BART West Lot.
2. Authorize the City Manager or designee to execute all original or amended documents or agreements to effectuate this action.
FISCAL IMPACTS OF RECOMMENDATION
On April 27, 2021, the Berkeley City Council unanimously adopted Resolution 69,833- N.S. which, in part, provisionally reserved $53 million of City controlled funds as the subsidy needed to achieve at least 35% affordable housing at the North Berkeley and Ashby BART Station sites and allowed for a portion of the funding to be allocated to predevelopment uses. In accordance with Resolution No. 69,833-N.S., the $53 million reserve fund is or shall be funded with $40 million in bond funds pursuant to Measure O passed by Berkeley voters on November 6, 2018, and $13 million in Affordable Housing Mitigation Fees. $18.5 million of the total BART funds are available to support affordable housing on the Ashby BART West Lot. This current request for $2 million will come from Affordable Housing Mitigation Fees (Fund 120) and will be recommended for approval through the annual appropriations ordinance process.
CURRENT SITUATION AND ITS EFFECTS
BART issued a Request for Proposals (RFP) on December 3rd, 2024 to select a team to develop housing at the Ashby BART station’s West Lot. Through the RFP, the City offered up to $1M in predevelopment funding to encourage nonprofit participation.
Two development teams responded to the RFP, including Adeline Alliance Partners, a team comprised of RCD, Strategic Urban Development Alliance, Relequity Enterprises, and The Pacific Companies. RCD applied in May 2025 for the predevelopment funding, requesting that the City enter into a loan for up to $1 million to support West Lot
Predevelopment Loan for Ashby BART West Lot CONSENT CALENDAR September 9, 2025
predevelopment activities. These funds would be used to pay for the cost of the RCD- planned affordable housing developments which represent two of the planned developments on the site, as well as RCD’s share of master planning costs. RCD has subsequently increased their request to $2 million to support predevelopment activities as they anticipate needing approximately $2.7 million. RCD is committed to pursuing other funding sources to fill the remaining gap of $700,000. Although this request is higher than the parties’ expectations as articulated in Section 7.1.1 of the exchange agreement, staff support the higher request, and will work with RCD to identify milestones for disbursement of the City predevelopment funding, which will be incorporated into the City’s loan agreement.
A selection panel with representatives from the City and BART reviewed the qualifications of both teams, interviewed the team leads, and attended the public presentations on May 30, 2025. Based on their cumulative score, the panel selected the Adeline Alliance Partners, and the BART Board of Supervisors authorized entering into an Exclusive Negotiating Agreement (ENA) with that team on July 10, 2025.
Adeline Alliance Partners’ project is proposed as a mixed income project, with a total of 618 units proposed. 50% (309) of these units are proposed to be deed-restricted affordable housing serving extremely low, very low, and low-income households ranging from 30-80% AMI. RCD proposes developing two of the buildings that are deed restricted affordable; a 132-unit rental project serving large families and a 77-unit senior affordable housing rental project.
RCD is currently planning to pursue Affordable Housing and Sustainable Communities funding, CalHFA Mixed Income Program funding, and tax credits for their projects.
Because the planned projects are Transit Oriented Developments (TODs) serving large families and seniors and will be 100% affordable, they would also be strong contenders for these funding sources. RCD is very early in the planning stages for these projects, and the project specifics may change as RCD refines its designs and financing plan to ensure the projects are feasible and competitive for state funding. RCD’s request for development funding from the City will be brought to Council at a later date, and will include more information about the proposed projects.
BACKGROUND
For the past few years, the City has been working closely with BART on the development of the North Berkeley and Ashby BART sites. The two entities entered into a Memorandum of Understanding in March 2020 that provided a framework for the collaboration, including processes for public participation and an estimated timeline for selecting developers. The MOU was amended in December 2020 to reflect schedule delays due to the pandemic. The City created a BART Community Advisory Group (CAG), made up of 15 members of the public to develop a vision for affordable housing, land use, station access, building form, and new public spaces. The CAG met throughout 2020 and 2021 at public meetings and community workshops, and provided
Predevelopment Loan for Ashby BART West Lot CONSENT CALENDAR September 9, 2025
feedback on the new zoning regulations impacting the BART sites. The City and BART entered into a Memorandum of Agreement (MOA) in June 2022 to address additional aspects of the collaboration.
The CAG was instrumental in shaping the City - BART Joint Vision and Priorities for Transit-Oriented Development for Ashby and North Berkeley Stations (JVP). The JVP articulates the shared goals of the City and BART, including the goal of achieving at least 35% affordability at each site.
In 2024, BART and the City approved an exchange agreement, agreeing to exchange the City’s air rights over the West Lot for ownership of the East Lot. This agreement was based on the JVP, the CAG, additional community input, and extensive economic and technical analysis. The City and BART signed a real estate agreement for Ashby BART outlining project requirements for affordable housing and other community benefits.
The City typically provides two types of loans through the Housing Trust Fund: 1) predevelopment loans that are short-term (five years) and allow developers to assess project feasibility to better position the project to pursue competitive funding at the state level; and 2) development loans that are longer term (55 years), and are closed after all other funding is secured, just prior to construction start.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Creating new affordable housing in Berkeley that allows lower income individuals and families to live closer to transit will advance the goal of making the City more economically and racially equitable, and reduces greenhouse gas emissions by reducing vehicle-miles-traveled and decreasing reliance on personal vehicles. New affordable housing developments are typically built to third-party green building standards (either GreenPoint or LEED Gold).
RATIONALE FOR RECOMMENDATION
There are early and significant costs associated with transforming the current parking lot at the Ashby BART station to a vibrant residential community serving a mix of incomes and household types. RCD will need to pay its share of BART’s ENA fees, station access fees, and other costs related to master planning, infrastructure, and predevelopment work. There are few sources of predevelopment funding available, and most come with interest rates higher than what the City offers. Staff recommend increasing the amount from $1 million to $2 million, with conditions of disbursement outlined in the predevelopment loan agreement to ensure that RCD is meeting specific milestones before the City funds are disbursed. This increase shifts $1 million from the development to predevelopment phase, but the total commitment to the project remains the same.
ALTERNATIVE ACTIONS CONSIDERED
Since the City agreed in the Ashby West Lot RFP to make this funding available for the selected nonprofit developer, and since RCD qualifies for this funding under the City’s
Predevelopment Loan for Ashby BART West Lot CONSENT CALENDAR September 9, 2025
Housing Trust Fund criteria, staff did not consider any alternative actions. If the City chooses not to support a predevelopment loan, or to support a loan for the originally requested amount of $1 million, the RCD team would need to secure other sources of financing, which may have less favorable loan terms than the City’s predevelopment loan. This would add costs to the project, and make it more expensive to deliver new affordable housing units.
CONTACT PERSON
Kelly deWolfe, Community Development Project Coordinator, HHCS, 510-981-5424 Attachments:
1: Resolution
RESOLUTION NO. ##,###-N.S.
RESERVING AFFORDABLE HOUSING MITIGATION FEES FOR
PREDEVELOPMENT AT THE ASHBY WEST BART SITE
WHEREAS, the City Council established a Housing Trust Fund Program (HTF) to guide the City’s work to assist in the development and expansion of housing affordable to low- and moderate-income persons who either work or reside within the City of Berkeley (City), and authorized the City Manager to implement the Program; and WHEREAS, there is a great need for affordable and special needs housing in the City of Berkeley as stated in the General Plan Housing Element and the City of Berkeley’s Consolidated plan; and
WHEREAS, the City and BART are collaborating on the development of the Ashby BART West Lot Site, and articulated shared goals in a Memorandum of Understanding, Memorandum of Agreement, Joint Vision and Priorities for Transit-Oriented Development, and Exchange Agreement for Ashby and North Berkeley Stations; and WHEREAS, the City and BART are committed to achieving a minimum of 35% affordable housing at each BART site; and
WHEREAS, on April 27, 2021, with Resolution 69,883-N.S., the City Council reserved $53 million, to be divided between the two BART sites, as the subsidy needed to achieve 35% affordability, and allowed for a portion of that funding to be considered for predevelopment costs associated with affordable housing; and WHEREAS, the $53 million includes $40 million in Measure O funds, and $13 million in Affordable Housing Mitigation Fees; and
WHEREAS, in December 2024, BART issued a Request for Proposals (RFP) to select a team to develop new housing at the Ashby West BART site and created an RFP selection panel with representation from the City and BART; and
WHEREAS, two teams responded to the RFP, including Adeline Alliance Partners, a team made up of Resources for Community Development, Strategic Urban Development Alliance, Relequity Enterprises, and The Pacific Companies; and WHEREAS, after a competitive process during which the RFP selection panel scored teams on their qualifications, an interview, and a public presentation, the RFP selection panel chose the Adeline Alliance Partners; and
WHEREAS, the BART Board of Supervisors confirmed that selection on July 10, 2025; and
WHEREAS, Resources for Community Development requested $2 million in predevelopment funding from the City’s set-aside of Affordable Housing Mitigation Fee funds.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that it approves the reservation of $2 million of Affordable Housing Mitigation Fees (Fund 120) to Resources for Community Development to support master planning and predevelopment activities related to the development of affordable housing at the Ashby West BART site.
BE IT FURTHER RESOLVED that the City’s Housing Trust Fund program guidelines will apply to the use of these funds.
BE IT FURTHER RESOLVED that the City Manager, or designee, is hereby authorized to execute all original or amended documents or agreements in accordance with the intent of this Resolution; a signed copy of said documents, agreements, and any amendments will be kept on file in the Office of the City Clerk.
Human Resources
2180 Milvia Street, Berkeley, CA 94704
Website: https://berkeleyca.gov/
CONSENT CALENDAR
September 9, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Janelle Rodrigues, Director of Human Resources Subject: Contract No. 32400192 Amendment: GovernmentJobs.com (dba NEOGOV) for Online Data Management Services
RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32400192 with GovernmentJobs.com (dba NEOGOV) for online data management services including applicant tracking, onboarding, and learning management to increase the contract by $71,115 for a total contract amount not to exceed $180,000.
FISCAL IMPACTS OF RECOMMENDATION
The total cost of the contract amendment is $71,115 that results in a total contract amount not to exceed $180,000, which will be funded through the General Fund (Fund 011) and Training Fund (Fund 146).
CURRENT SITUATION AND ITS EFFECTS
The Human Resources Department is responsible for recruiting, receiving, and processing job applications; administering candidate assessments and examinations; establishing eligible lists; referring lists of eligible candidates to City departments to fill vacancies; and providing mandatory and developmental training. The Recruitment, Exam, and Selection division received and processed a total of 19,826 applications in 2024; 564 applicants were hired and completed their onboarding paperwork electronically while also completing mandatory trainings. In addition to the Applicant Tracking System, the City of Berkeley contracted NEOGOV’s Course Management Import and Position Import systems to assign mandatory training for new hires in 2024.
In 2025, mandatory training has been rolled out for all City of Berkeley employees to comply with city policies, as well as state and federal laws.
The Department of Human Resources has moved away from paper applications, onboarding materials, training materials and personnel files with the help of NEOGOV.
NEOGOV’s state-of-the-art, web-based applicant tracking system has allowed the Human Resources department to quickly and effectively deliver services to both internal departments and external customers by automating the recruitment and selection process and improving its efficiency and effectiveness.
Contract No. 32400192 Amendment: GovernmentJobs.com CONSENT CALENDAR (dba NEOGOV) for Online Data Management Services September 9, 2025
Resolution No. 71,753-N.S. authorized the contracting of these services. However, upon processing and execution of the contract it was discovered that prior services rendered related to the software’s training module was inadvertently omitted from the original quote for the current and previous year. This contract amendment will bring the City current and provide continued and uninterrupted service and access to the NEOGOV training module through May 15, 2026.
BACKGROUND
The Human Resources Department issued a request for proposal (RFP), Specification No. 08-10275-C, on September 12, 2007, for a new job applicant tracking system and service. A selection committee made up of staff from the Human Resources and the Information Technology departments evaluated responses, conducted interviews and heard presentations from four vendors. NEOGOV was selected and has provided excellent services to the city. On June 3, 2024, the contracts held under NEOGOV were combined into a single contract, Contract No. 32400192.. Resolution No. 71,753-N.S. authorized an extension of the contract beginning on May 16, 2025, and is capped at $108,884. An amendment of the contract and an increase to its cap are necessary to resolve the inadvertent omission of the training module from the prior contract total and to continue using NEOGOV through May 2026.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
NEOGOV provides software services which enable paperless processing of applications, new hire documents, and training materials.
RATIONALE FOR RECOMMENDATION
Services through NEOGOV are essential for recruitment operations which include processing job applications, administering candidate assessments and examinations, establishing eligible lists, certifying lists to City departments to fill vacancies, and conducting mandatory and developmental training. If this contract amendment is not approved, the City will not have the systems in place to perform essential human resource functions.
ALTERNATIVE ACTIONS CONSIDERED
No alternative action has been identified.
CONTACT PERSON
Janelle Rodrigues, Director of Human Resources, 510-981-6807 Attachment:
1. Resolution
Internal
RESOLUTION NO. ##,###-N.S.
CONTRACT NO. 32400192 AMENDMENT: GOVERNMENTJOBS.COM (DBA
NEOGOV) FOR ONLINE DATA MANAGEMENT SERVICES
WHEREAS, the Human Resources Department is responsible for recruiting, receiving and processing job applications, administering candidate assessments and examinations, establishing employment eligible lists, certifying lists to City departments and conducting mandatory training; and
WHEREAS, the City issued a request for proposal (RFP) for an integrated web-based job applicant tracking system and service and responses were evaluated by a selection committee from the Human Resources department and Information Technology Department; and
WHEREAS, the selection committee selected NEOGOV from the nine respondents as the most qualified vendor capable of providing the system and services to manage the hiring process lifecycle and manage mandatory training; and WHEREAS, the work is still in progress and essential to keep up with the City’s hiring and training needs; and
WHEREAS, on May 6, 2025 Resolution 71,753-N.S. was adopted authorizing the City Manager to execute a contract and any amendments with NEOGOV for a job applicant tracking system and service with training modules in an amount not to exceed $108,884; and
WHEREAS, the funds in an amount not to exceed $180,000 will be needed under budget codes 011-34-342-000-0000-000-412-612990 (General Fund) and 146-34-345-000- 0000-000-412-634110 (Training Fund) to maintain the necessary services with NEOGOV through May 2026.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute an amendment to Contract No. 32400192 with NEOGOV for a job applicant tracking system and service with training modules in an amount not to exceed $180,000.
Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager
CONSENT CALENDAR
September 9, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Scott Ferris, Director, Parks Recreation Waterfront Subject: Grant Agreement Amendment with State Coastal Conservancy to re- allocate $1.7M to: a) the Bay Trail Segment at Shorebird Park (design phase); and b) recreation improvements at the Gateway Pier and the J&K Parking Lot
RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a grant agreement amendment with the State Coastal Conservancy (SCC) to re-allocate $1.7M in unspent funds from the Cesar Chavez Park Perimeter Trail Project to a) the Bay Trail Segment at Shorebird Park (design phase) and b) recreation improvements at the Gateway Pier and the J&K Parking Lot.
FISCAL IMPACTS OF RECOMMENDATION
In 2022, the City allocated $2M of the $15M State Coastal Conservancy FY2022 surplus funds grant for the design and construction of the Cesar Chavez Perimeter Pathway. Due to ongoing environmental monitoring and compliance activities at Cesar Chavez Park, the Cesar Chavez Park Perimeter Pathway Project is paused at the design phase. The remaining project funds in the amount of $1.7M will be re-allocated by a grant amendment to a) the Bay Trail Segment at Shorebird Park (design phase) and b) recreation improvements at the Gateway Pier and the J&K Parking Lot.
CURRENT SITUATION AND ITS EFFECTS
In FY2022, the State of California allocated a one-time distribution of state surplus funds to cities and counties throughout California. Berkeley received a one-time allocation of $15M for Berkeley Waterfront improvement projects and the State Coastal Conservancy (SCC) was selected to administer these funds. On December 13, 2022, the City Council approved the execution of five grant contracts with SCC for five improvement projects at the Berkeley Waterfront and began the design and construction phases (Resolution No. 70,629-N.S.) The five projects included: 1) Dredging of the Marina Main Channel (completion by December 2025); 2) Replacement of D and E Dock system (completion in early 2026); 3) Improvements to Cesar Chavez Park Pathways (design completed); 4) Improvements to the South Cove West Parking Lot (completion by December 2025); and 5) Environmental Review and Design of the Pier-Ferry Project (completion in 2027).
Grant contract with SCC to re-allocate $1.7M from the Cesar Chavez Park Restroom to CONSENT CALENDAR the Bay Trail / Gateway Pier / J&K Lot Projects September 9, 2025
In the spring of 2025, the Cesar Chavez Park Perimeter Pathway Project was paused at the design phase due to ongoing environmental monitoring and compliance activities, leaving $1.7M in remaining SCC funds. In order to identify a new project that can be completed within the grant deadline (2029), City and SCC staff identified the following two related projects that enhance Bay Trail connectivity that can be completed with this re-allocated funding: a) the Bay Trail Segment at Shorebird Park (design phase), and b) recreation improvements at the Gateway Pier and the J&K Parking Lot.
The Bay Trail Segment at Shorebird Park (design phase) involves enhancing the existing pathway to meet current Bay Trail standards for enhanced durability and ADA accessibility.
There is sufficient funding for this design project that will involve community engagement and environmental review. Construction funding will be identified in future years. The design of the remainder of the unconstructed Bay Trail at the Waterfront is already funded by existing grants.
The Gateway Pier Project involves the renovation of the existing Old Pier Wharf platform to enhance public recreation at the Waterfront. Possible recreation enhancements for the Gateway Pier include pickleball courts, basketball courts, youth bike area, exercise equipment area, and other recreation amenities such as table tennis tables, corn hole, etc.
The J&K Parking Lot, which serves the public launch area at K Dock, will also serve the Gateway Pier area and renovation. The project will also improve the inner harbor pathway adjacent to the Gateway Pier and J&K Parking Lot for enhanced durability and ADA accessibility. This project will involve a community process and environmental review in the design phase, as well as a construction phase.
It should be noted that the design for the Cesar Chavez Perimeter Pathway has been completed, and could potentially be constructed at a later date when funds have been identified and the issues at Cesar Chavez Park have been resolved.
This funding agreement amendment will be presented to the SCC Board on September 18, 2025 for approval.
BACKGROUND
In the past 15 years, Council has funded over $40.2 million in important improvement projects at the Berkeley Waterfront.1 The following projects have been completed or are currently in-process:
Current and Recently Completed Construction Projects
South Cove East Parking Lot and Restroom and Bay Trail Project – Completed. South Cove Dock Float Pile Replacement Project – Completed. South Cove East and West Docks Replacement Project – Completed. Marina Streets Project (University Ave / Marina Blvd / Spinnaker Way) – Completed. Finger Dock Replacement, Phases 1-4 – Completed.
1 See Off Agenda Memo to Council on February 16, 2022: https://berkeleyca.gov/sites/default/files/2022- 04/Waterfront%20CIP%20Projects%20021622.pdf
Grant contract with SCC to re-allocate $1.7M from the Cesar Chavez Park Restroom to CONSENT CALENDAR the Bay Trail / Gateway Pier / J&K Lot Projects September 9, 2025
Piling Replacement Project – Completed.
O and K Dock Electrical System Renovation – currently in construction. K Dock Restroom Renovation – currently in construction. Dredging of Marina Main Channel and Inner Harbor – currently in construction. South Cove West Parking Lot – currently construction. South Cove East Dock Pier Pile Repair – currently in construction. South Cove Middle Dock ADA Float Replacement – currently in construction. D&E Dock Replacement Project – currently in construction. N Dock Parking Lot Renovation – in-process.
Current Planning-only Projects
Cesar Chavez Park Restroom – in-process.
Cesar Chavez Perimeter Trail – design completed.
Dredging of the South Sailing Basin – in-process.
Waterfront Specific Plan – in-process.
Pier-Ferry Project – in-process.
South Cove Seawall Replacement – in-process.
Bay Trail - Marina Blvd Segment – in-process.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The Berkeley Waterfront improvement projects identified in this report will help the City to further advance the City’s Strategic Plan Goal 1 – to provide state-of-the-art, well- maintained infrastructure, amenities, and facilities.
RATIONALE FOR RECOMMENDATION
In the spring of 2025, due to ongoing environmental monitoring and compliance activities at Cesar Chavez Park, the Cesar Chavez Park Perimeter Pathway Project was paused, leaving $1.7M in remaining SCC funds. Working with SCC staff, the City has identified two related projects in need of funding that enhance Bay Trail connectivity: a) the Bay Trail Segment at Shorebird Park and b) recreation improvements at the Gateway Pier and the J&K Parking Lot and associated Inner Harbor Pathway.
ALTERNATIVE ACTIONS CONSIDERED
None
CONTACT PERSON
Scott Ferris, Director, Parks Recreation Waterfront, (510) 981-6700 Attachments:
1: Resolution
RESOLUTION NO. ##,###-N.S.
GRANT AGREEMENT AMENDMENT WITH STATE COASTAL CONSERVANCY TO RE- ALLOCATE $1.7M TO THE BAY TRAIL SEGMENT AT SHOREBIRD PARK AND
RECREATION IMPROVEMENTS AT THE GATEWAY PIER AND J&K PARKING LOT AT
THE BERKELEY WATERFRONT
WHEREAS, in FY2022, the State of California allocated a one-time distribution of state surplus funds to cities and counties throughout California; and WHEREAS, Berkeley received a one-time FY2022 state budget allocation of $15 million for Berkeley Waterfront improvement projects; and
WHEREAS, the State Coastal Conservancy (SCC) was designated to administer these funds via their grants and contracts program; and
WHEREAS, on December 13, 2022, the City Council approved the execution of five grant contracts with SCC for five improvement projects and began the design and construction phases (Resolution No. 70,629-N.S.); and
WHEREAS, in the spring of 2025, due to ongoing environmental monitoring and compliance activities at Cesar Chavez Park, the Cesar Chavez Park Perimeter Pathway Project was paused at the design phase, leaving $1.7M in unspent SCC funds; and WHEREAS, working with SCC staff, the City has identified two related projects that enhance Bay Trail connectivity that can be completed with this re-allocated funding: a) the Bay Trail Segment at Shorebird Park (design phase) and b) recreation improvements at the Gateway Pier and the J&K Parking Lot.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that $1.7M in unspent SCC funds from the FY2022 $15M allocation to the Berkeley Waterfront will now be re-allocated to a) the Bay Trail Segment at Shorebird Park (design phase) and b) recreation improvements at the Gateway Pier and the J&K Parking Lot; and that the City Manager or their designee is authorized to execute all grant submittal packages, grant contracts and amendments, grant reimbursement submittals, and all other grant project-related documents with the State Coastal Conservancy (SCC) in order to complete these projects. A record signature copy of contracts and any amendments will be on file in the Office of the City Clerk.
Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: https://berkeleyca.gov/
CONSENT CALENDAR
September 9, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Scott Ferris, Director, Department of Parks, Recreation, and Waterfront Subject: Reject All Bids Associated with Cesar Chavez Park Perimeter Pathway Improvement Project
RECOMMENDATION
Adopt a Resolution rejecting all bids for the work associated with the Cesar Chavez Park Perimeter Pathway Improvement Project (Bid Specification No. 25-11702-C) in order to return bidder proposal guarantees.
FISCAL IMPACTS OF RECOMMENDATION
None
CURRENT SITUATION AND ITS EFFECTS
The City conducted a competitive Invitation For Bid (IFB) process in March, 2025, and opened bids on April 17, 2025. The City received 5 bids from a low bid of $742,980.79 to a high bid $1,143,708.00 for the base bid work. Bay Cities Paving & Grading was the apparent low bidder.
An Off-Agenda Memo to Council was issued on June 5, 20251 related to the environmental compliance updates at former landfill at Cesar Chavez Park. As a result, the construction phase of the Cesar Chavez Park Perimeter Pathway Improvement Project is paused.
BACKGROUND
In FY2022, the State of California allocated a one-time distribution of surplus state funds to cities and counties throughout California. Berkeley received a one-time allocation of $15 million for Berkeley Waterfront improvement projects and the State Coastal Conservancy (SCC) was selected to administer these funds. On December 13, 2022, the City Council approved the execution of five grant contracts with SCC for five 1 See Off Agenda Memo to Council on June 5, 2025:
https://berkeleyca.gov/sites/default/files/documents/2025-06- 05%20%20%20Environmental%20Compliance%20Updates%20at%20former%20Landfill%20at%20C%C 3%A9sar%20Ch%C3%A1vez%20Park.pdf.
Reject All Bids Associated with CONSENT CALENDAR
Cesar Chavez Park Perimeter Pathway Improvement Project September 9, 2025
improvement projects at the Berkeley Waterfront and began the design and construction phases (Resolution No. 70,629-N.S.). The Cesar Chavez Park Perimeter Pathway improvement project was one of the five projects.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects, climate impacts, or sustainability opportunities associated with the subject of this report.
RATIONALE FOR RECOMMENDATION
Due to ongoing environmental monitoring and compliance activities at Cesar Chavez Park, the Project is paused at the design phase.
ALTERNATIVE ACTIONS CONSIDERED
None
CONTACT PERSON
Scott Ferris, Director, Parks Recreation & Waterfront, 981-6700 Nelson Lam, Supervising Civil Engineer, PRW, 981-6395
Attachments:
1: Resolution
RESOLUTION NO. ##,###-N.S.
REJECT ALL BIDS FOR WORK ASSOCIATED WITH THE CESAR CHAVEZ PARK
PERIMETER PATHWAY PROJECT
WHEREAS, the Cesar Chavez Perimeter Pathway is a popular recreational trail for the Berkeley Waterfront, serving the general public, and the amenities at Cesar Chavez Park; and
WHEREAS, the pavement condition at the perimeter has deteriorated over recent years, causing undesirable trail surface for users; and WHEREAS, the City conducted a competitive Invitation For Bid (IFB) process in March, 2025, and opened bids on April 17, 2025. The City received five bids, the lowest being from Bay Cities Paving and Grading; and
WHEREAS, due to ongoing environmental monitoring and compliance activities at Cesar Chavez Park, the Project is paused at the design phase.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that all bids are rejected for the work associated with the Cesar Chavez Park Perimeter Pathway Improvement Project (Bid Specification No. 25-11702-C) in order to return bidder proposal guarantees.
Office of the City Manager
CONSENT CALENDAR
September 9, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Jennifer Louis, Chief of Police
Subject: Ordinance Amendment Relating to the Memorandum of Understanding (MOU) Compendium; Amending Berkeley Municipal Code Section 2.04.190
RECOMMENDATION
Adopt first reading of an Ordinance amending Berkeley Municipal Code Section
2.04.190 to revise the required frequency of City Council approval for agreements, understandings, or policies between the Berkeley Police Department and other law enforcement agencies or private organizations.
FISCAL IMPACTS OF RECOMMENDATION
The proposed amendment would reduce the administrative burden and staff time currently required by the ordinance’s annual reporting and public hearing process. By shifting to a triennial (every three years) approval cycle, staff will be better able to provide clear, concise and updated information to the Council, improving both efficiency and transparency.
CURRENT SITUATION AND ITS EFFECTS
Most agreements between the Berkeley Police Department and external agencies have been in place for several years and are periodically updated to ensure continued operational effectiveness. This allows daily law enforcement operations to proceed smoothly. Challenges that may arise are addressed through mutual cooperation and strong working relationships between agencies. Without these agreements or memoranda of understanding (MOUs), the Department’s ability to operate efficiently would be significantly impaired.
Currently, BMC §2.04.190 provides:
“No such agreement, understanding or policy shall be valid or effective for more than one year following City Council approval, but each may be renewed or extended following the disclosure, public hearing and documentation procedures provided for in Sections 2.04.170 and 2.04.180 of this article.”
(Ord. 4640-NS § 5, 1973)
In compliance with this Ordinance, public hearings have been held on the following dates:
March 12, 1974 (Resolution No. 46,409 N.S.)
March 11, 1975 (Resolution Nos. 47,103 N.S.; 47,104 N.S.; 47,105 N.S.) March 30, 1976 (Resolution No. 47,873 N.S.)
March 22, 1977 (Resolution No. 48,630 N.S.)
July 27, 1982 (Resolution No. 51,445 N.S.)
October 16, 1984 (Resolution No. 52,458 N.S.)
April 29, 1986 (Resolution No. 53,207 N.S.)
September 19, 2006 (Resolution No. 63,432 N.S.)
April 20, 2010 (Resolution No. 64,847 N.S.)
November 8, 2011 (Resolution No. 65,505 N.S.)
September 18, 2012 (Resolution No. 65,901 N.S.)
September 18, 2012 (Resolution No. 65,902 N.S.)
October 15, 2013 (Resolution No. 66,344 N.S.)
October 28, 2014 (Resolution No. 66,836 N.S.)
December 15, 2015 (Resolution No. 67,327 N.S.)
March 14, 2017 (Resolution No. 67,870 N.S.)
June 20, 2017 (Resolution Nos. 68,050 N.S, 68-051 N.S., 68-052 N.S., 68-053 N.S) July 23, 2018 (Resolution No. 68,517 N.S.)
July 22, 2025 (Resolution No. 71,902-N.S.)
As evidenced by the list above, there have been inconsistent intervals between hearings, with gaps in reporting by the Department. These gaps reflect the challenges of adhering to annual reporting requirements, particularly during times of resource constraints or competing operational priorities.
BACKGROUND
Berkeley Municipal Code (BMC) §§2.04.150 – 2.04.210 require City Council approval of agreements involving mutual aid, information sharing, or operational cooperation between the Berkeley Police Department and local, state or federal law enforcement agencies, military or private security organizations. Enacted in 1973 under Ordinance No. 4640-NS, these provisions mandate annual Council review.
The most recent Council approval occurred on July 22, 2025. That update was significantly delayed due to factors that included the COVID-19 pandemic, staffing limitations, the transition from legacy General Orders to updated Lexipol policy management, and protracted legal reviews.
While annual review was originally intended to ensure transparency and oversight, the administrative burden of annually reviewing over two dozen complex agreements, many requiring input from multiple agencies, has become impractical. Most agreements do not materially change from year to year and are already subject to periodic review.
To maintain accountability while easing the administrative burden, the Department has established an internal review process and now respectfully requests that the City Council amend BMC 2.04.190 to require review and approval every three years, rather than annually. This change maintains the goals of transparency and oversight while allowing staff to allocate time and resources more effectively.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects or sustainability opportunities related to this recommendation.
RATIONALE FOR RECOMMENDATION
The proposed amendment preserves the intent of the original 1973 ordinance by ensuring regular oversight while introducing a more manageable reporting cycle. A triennial review process would promote efficient use of City resources without compromising transparency or accountability.
ALTERNATIVE ACTIONS CONSIDERED
The Council could choose to not amend the ordinance, in which case the existing annual reporting and approval requirements would remain unchanged.
CONTACT PERSON
Jennifer Louis, Chief of Police, 510-981-5900
Attachments:
1: Ordinance
ORDINANCE NO. -N.S.
AMENDING BERKELEY MUNICIPAL CODE SECTION 2.04.190 RELATING TO THE
MEMORANDUM OF UNDERSTANDING (MOU) COMPENDIUM
BE IT ORDAINED by the Council of the City of Berkeley as follows:
Section 1. That Berkeley Municipal Code 2.04.190 is amended to read as follows:
2.04.190 Period of validity--Renewal.
No such agreement, understanding or policy shall be valid or effective for more than three yearsone year following City Council approval, but each may be renewed or extended following the disclosure, public hearing and documentation procedures provided for in Sections 2.04.170 and 2.04.180 of this Article.
Section 2.
Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within fifteen (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.
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
September 9, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Terrance Davis, Director, Public Works Department Subject: Grant Acceptance and Execution for the Codornices Creek Restoration at Ninth Street Bend Project
RECOMMENDATION
Adopt a Resolution authorizing the City Manager to:
1. Execute a $500,000 funding agreement with the Department of Water Resources and any amendments thereto for the Codornices Creek Restoration at Ninth Street Bend Project.
2. Authorize submission of any required documents, invoices, and reports required to obtain grant funding.
FISCAL IMPACTS OF RECOMMENDATION
The Codornices Creek Restoration at Ninth Street Bend Project (Project) is estimated to cost $780,000. The funding amount payable by the State under the Agreement would not exceed $500,000. Supplemental local funding required for execution of the Project is available in adopted FY2026 budget in the Capital Improvement Fund (501) as detailed below.
Estimated Total Project Cost $780,000
Current FY 2026 Funding
Department of Water Resources Funding $500,000
Capital Improvement Fund (501) $280,000
Total Project Funding $780,000
CURRENT SITUATION AND ITS EFFECTS
In November 2024, City staff and co-sponsor Friends of Five Creeks submitted a grant proposal to the Department of Water Resources (DWR) Riverine Stewardship Program for the restoration of Codornices Creek at the Ninth Street Bend. This project aims to restore a vital section of Codornices Creek, a stream that has been the focal point of extensive restoration efforts spanning over two decades.
Grant Acceptance for Codornices Creek Restoration at Ninth Street CONSENT CALENDAR September 9, 2025
On May 30, 2025, the DWR Riverine Steward Program, which funds creek, stream, and river restoration projects across California, which enhance riparian ecosystems, notified the City that the submitted proposal had been conditionally awarded a $500,000 grant.
The grant would fund the construction and post-project monitoring and adaptive management phase of the project. Local funds have been used to bring the design to a 60 percent completion and additional local funding would be used to finalize the design and secure all environmental permits. Acceptance of grant funding would allow the City to proceed with the construction phase of the project in 2026.
Accepting the grant funding and implementing the Codornices Creek Restoration at Ninth Street Bend Project supports the City’s Strategic Plan goals of providing state-of- the-art, well-maintained infrastructure, amenities, and facilities and being a global leader in addressing climate change, advancing environmental justice, and protecting the environment.
BACKGROUND
The Project aims to restore a failed section of the historic cutbank along Codornices Creek, improving creek function and stabilizing the bank using natural materials and native vegetation. The restoration will enhance habitat quality and channel complexity, providing immediate and long-term benefits for native wildlife. In particular, the project is expected to support the native steelhead population by restoring critical in-stream and riparian habitat.
The DWR Riverine Stewardship Program would provide funding for the Project from the Costa-Machado Water Act of 2000 (Proposition 13; Wat. Code, § 79000 et seq.).
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The Project promotes environmental sustainability by using natural materials and native vegetation to restore creek bank stability and riparian habitat, reducing the need for future structural interventions. By enhancing channel complexity and allowing the creek to adapt to changing flows, the restoration improves the creek’s resilience to climate change impacts such as increased storm intensity and variable water levels. These nature-based solutions help maintain ecological function while supporting long-term habitat for the native steelhead population.
RATIONALE FOR RECOMMENDATION
Accepting the grant funding would allow the City to leverage significant state funding to complete a high-priority restoration project avoiding further delays, higher future costs, and further degradation of habitat. No local funding sources have been identified to carry out the construction that would be covered by this state grant.
Grant Acceptance for Codornices Creek Restoration at Ninth Street CONSENT CALENDAR September 9, 2025
CONTACT PERSON
Wahid Amiri, Deputy Director, Department of Public Works, (510) 981-6396 Ronald Nevels, Manager of Engineering, Public Works, (510) 981-6439 Ricardo Salcedo, Acting Supervising Civil Engineer, Public Works, (510) 981-6407 Attachments:
1: Resolution
Internal
RESOLUTION NO. ##,###-N.S.
GRANT ACCEPTANCE AND EXECUTION FOR THE CODORNICES CREEK
RESTORATION AT NINTH STREET BEND PROJECT
WHEREAS, City staff propose to implement the Codornices Creek Restoration at Ninth Street Bend Project (Project) to restore a vital section of Codornices Creek; and WHEREAS, City staff and co-sponsor Friends of Five Creeks submitted a grant proposal to the California Department of Water Resources for construction and post-construction monitoring for the Project; and
WHEREAS, the Department of Water Resources conditionally awarded $500,000 to the City to fund the Project; and
WHEREAS, funding for the grant comes from the Costa-Machado Water Act of 2000 (Proposition 13; Wat. Code, § 79000 et seq.); and
WHEREAS, the City of Berkeley has the legal authority and is authorized to enter into a funding agreement with the State of California; and
WHEREAS, based on latest Project estimates, $280,000 of local funds would be required to supplement the grant award to complete the project; and WHEREAS, $280,000 in Capital Improvements Funds (501) are in the adopted budget for FY2026 for the Project.
NOW THEREFORE, BE IT RESOLVED that the Council of the City of Berkeley, pursuant to all of the terms and provisions of the Costa-Machado Water Act of 2000 (Wat. Code, § 79000 et seq.), authorizes the City Manager to execute the funding agreement with the Department of Water Resources and any amendments thereto.
BE IT FURTHER RESOLVED that the Council of the City of Berkeley authorizes and directs the City Manager, or designee, to submit any required documents, invoices, and reports required to obtain grant funding.
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
September 9, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Terrance Davis, Director, Public Works
Subject: Allocation Request: MTC Safe Routes to Transit and Bay Trail Program:
Adeline Street Quick Build
RECOMMENDATION
Adopt a Resolution authorizing the Public Works Department to submit a grant funding allocation request to the Metropolitan Transportation Commission (MTC) for the Adeline Street Quick-Build project.
FISCAL IMPACTS OF RECOMMENDATION
The estimated total cost of the Adeline Street Quick-Build Project (Project) is $1,041,000. To access $922,000 in funding from the Regional Measure 3: 2025 Safe Routes to Transit and Bay Trail Program (SR2TBT), the proposed allocation request must be adopted by Council. This Metropolitan Transportation Commission (MTC) program requires that the City provide a minimum 11.47% of the total funding in matching funds. The City will provide a $119,000 match to meet MTC’s 11.47% requirement, available in fiscal year 2027 from Measure BB Fund 134 (Bicycle and Pedestrian).
CURRENT SITUATION AND ITS EFFECTS
On October 1, 2024, Council adopted Resolution No. 71,523-N.S., authorizing the filing of an application for funding for the Adeline Quick Build to the MTC’s Safe Routes to Transit and Bay Trail program. On February 26, 2025, MTC recommended funding the project for the full $922,000 requested.
The Council must adopt a resolution authorizing the allocation request to be submitted to MTC to be able to access these funds and begin the project. MTC’s Resolution No. 4404 Regional Measure 3 Policies and Procedures requires that project sponsors submit a Resolution adopted by the City Council supporting the allocation request. The allocation process for Regional Measure 3 capital projects is required for executing funding agreements.
This project addresses bicyclist and pedestrian safety concerns in one of MTC’s Equity Priority Communities (EPC) by combining recommendations from several Council approved plans. The EPC designation helps provide funding and assistance to census
Allocation Request: MTC Safe Routes to Transit and Bay Trail Program: CONSENT CALENDAR Adeline Street Quick Build September 9, 2025
tracts that have a significant concentration of traditionally underserved populations, such as households with low incomes, limited English proficiency, zero-vehicle households, seniors 75 years and over, people with disability, single-parent families, severely rent burdened households, and people of color.
The safety countermeasures and traffic calming improvements in the Project were identified in the following Council approved plans:
2017 Berkeley Bike Plan,
2020 Vision Zero Plan,
2020 Berkeley Pedestrian Plan, and
the 2020 Adeline Corridor Specific Plan.
The Project is situated on Adeline Street from Ashby Avenue to the City limit at approximately 61st Street. The project reduces the number of through lanes from six to four lanes, to accommodate construction of a one-way protected bike lane (“cycle track”) on each side of Adeline Street. Once completed, this will represent a 1.75-mile- long corridor of continuous low-stress Class IV separated bikeways from Oakland to downtown Berkeley, closing the existing gap between the Adeline cycle tracks north of Ashby and the Oakland border.
The SR2TBT grant funding is for the construction phase of the project. The environmental, public engagement, and engineering design phases of the project will be completed by approved on-call engineering design firm Alta Planning and Design. A contract for construction has yet to be awarded and will be selected through competitive invitation to bid per City procurement policies.
Adeline Street Quick Build is in alignment with the City’s Strategic Plan Priorities, advancing our goal to be a global leader in addressing climate change, advancing environmental justice and protecting the environment.
BACKGROUND
The Adeline Street Quick Build project will complement planned improvements on the City of Oakland’s side of the border. The City of Oakland is currently developing the Martin Luther King Jr. Way Complete Streets and Paving Project, which includes proposed pedestrian, bicycle, and transit improvements that will ultimately connect to the City of Berkeley’s Adeline Street Quick Build facilities.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Increasing cycling and walking in Berkeley will help the City achieve the Berkeley Climate Action Plan greenhouse gas emission reduction targets of 80% below year 2000 levels by 2050. The project is exempt from the California Environmental Quality Act under Public Resources Code section 21080.25(b)(1) because it consists of pedestrian and bicycle facilities that improve safety, access, or mobility within the public right-of-way. The project does not induce single-occupancy vehicle trips, add additional
Allocation Request: MTC Safe Routes to Transit and Bay Trail Program: CONSENT CALENDAR Adeline Street Quick Build September 9, 2025
highway lanes, widen highways, or add physical infrastructure or striping to highways except for minor modifications needed for the efficient and safe movement of transit vehicles, bicycles, or high-occupancy vehicles. The project will not include the addition of any auxiliary lanes and will not require the demolition of affordable housing units.
Pursuant to Public Resources Code section 21080.25(f), Council certifies that the project will be completed by a skilled and trained workforce.
RATIONALE FOR RECOMMENDATION
This project implements planned improvements that have already been approved by Council in the following plans:
2017 Berkeley Bike Plan,
2020 Vision Zero Plan,
2020 Berkeley Pedestrian Plan, and the
2020 Adeline Corridor Specific Plan
The grant application for the project was previously adopted by Council Resolution No. 71,523-N.S. Adoption of this Resolution ensures the project can be implemented within the planned schedule, bringing improvements to a high injury corridor. Additionally, these MTC funds are vitally important to ensuring that the City has adequate budget to move forward with planned improvements, despite anticipated future fiscal year deficits.
ALTERNATIVE ACTIONS CONSIDERED
Not submitting this grant funding allocation request to MTC is an alternative that would leave the allocated funding for the City unclaimed. The City would be financially responsible for the full cost of all improvements to this corridor. This option was deemed inadvisable, as it would directly delay the implementation of critical bicyclist and pedestrian safety measures along Adeline Street—a high-injury corridor identified in the 2020 Vision Zero Plan. Additionally, it would result in forfeiture of $922,000 in Regional Measure 3 funding, thereby missing a significant opportunity to advance Council- approved transportation safety and climate action goals.
CONTACT PERSON
Wahid Amiri, Deputy Director, Public Works, 510-981-6396 Mark Helmbrecht, Transportation Manager, Public Works, 510-981-6403 Babak Dorji, Senior Planner, Public Works, 510-981-7073 Attachments:
1. Resolution
Exhibit 1: Resolution No. 71,523-N.S. Authorizing Grant Application for Funding (adopted October 1, 2024)
Exhibit 2: Initial Project Report (IPR)
Exhibit 3: Allocation Request Form
Exhibit 4: Cash Flow Plan
RESOLUTION NO. ##,### -N.S.
REGIONAL MEASURE 3 ALLOCATION REQUEST FOR THE ADELINE STREET
QUICK BUILD PROJECT
Implementing Agency: City of Berkeley
Sponsor Agency: Metropolitan
Transportation Commission
Project Title: Adeline Street Quick Build
WHEREAS, SB 595 (Chapter 650, Statutes 2017), commonly referred as Regional Measure 3, identified projects eligible to receive funding under the Regional Measure 3 Expenditure Plan; and
WHEREAS, the Metropolitan Transportation Commission (MTC) is responsible for funding projects eligible for Regional Measure 3 funds, pursuant to Streets and Highways Code Section 30914.7(a) and (c); and
WHEREAS, MTC has established a process whereby eligible transportation project sponsors may submit allocation requests for Regional Measure 3 funding; and WHEREAS, allocation requests to MTC must be submitted consistent with procedures and conditions as outlined in Regional Measure 3 Policies and Procedures (MTC Resolution No. 4404; and
WHEREAS, Metropolitan Transportation Commission is the sponsor of Project 4.3 Adeline Street Quick Build in the Regional Measure 3 Expenditure Plan; and WHEREAS, the 4.3 Adeline Street Quick Build is eligible for consideration in the Regional Measure 3 Expenditure Plan, as identified in California Streets and Highways Code Section 30914.7(a); and
WHEREAS, Metropolitan Transportation Commission designated City of Berkeley as an entity that is eligible to request Regional Measure 3 funds for the 4.3 Adeline Street Quick Build project; and
WHEREAS, the Regional Measure 3 updated Initial Project Report (IPR) and allocation request, attached hereto and incorporated herein as though set forth at length, lists the project, purpose, schedule, budget, expenditure and cash flow plan for which City of Berkeley is requesting that MTC allocate Regional Measure 3 funds.
NOW THEREFORE BE IT RESOLVED, that City of Berkeley accepts Metropolitan Transportation Commission’s designation as implementing agency for the project: and
BE IT FURTHER RESOLVED, that City of Berkeley accepts Metropolitan Transportation Commission’s delegation of responsibility for certifying the project and allocation request(s) comply with the requirements of the Metropolitan Transportation Commission’s Regional Measure 3 Policies and Procedures; and
BE IT FURTHER RESOLVED, that City of Berkeley, and its agents shall comply with the provisions of the Metropolitan Transportation Commission’s Regional Measure 3 Policies and Procedures; and
BE IT FURTHER RESOLVED, that City of Berkeley certifies that 4.3 Adeline Street Quick Build is consistent with the Regional Transportation Plan (RTP); and BE IT FURTHER RESOLVED, that the year of funding for any design, right-of-way and/or construction phases has taken into consideration the time necessary to obtain environmental clearance and permitting approval for the project; and BE IT FURTHER RESOLVED, that the Regional Measure 3 phase or segment is fully funded, and results in an operable and useable segment; and BE IT FURTHER RESOLVED, that City of Berkeley approves the allocation request and updated IPR, attached to this resolution; and
BE IT FURTHER RESOLVED, that City of Berkeley approves the cash flow plan, attached to this resolution; and
BE IT FURTHER RESOLVED, that City of Berkeley has reviewed the project needs and has adequate staffing resources to deliver and complete the project within the schedule set forth in the allocation request and updated IPR, attached to this resolution; and BE IT FURTHER RESOLVED, that City of Berkeley is authorized to submit an allocation request for Regional Measure 3 funds for Adeline Street Quick Build in accordance with California Streets and Highways Code 30914.7(a); and
BE IT FURTHER RESOLVED, that City of Berkeley certifies that the projects and purposes for which Regional Measure 3 funds are being requested is in compliance with the requirements of the California Environmental Quality Act (Public Resources Code Section 2l000 et seq.), and with the State Environmental Impact Report Guidelines (l4 California Code of Regulations Section l5000 et seq.) and if relevant the National Environmental Policy Act (NEPA), 42 USC Section 4-1 et. seq. and the applicable regulations thereunder; and
BE IT FURTHER RESOLVED, that there is no legal impediment to City of Berkeley making allocation requests for Regional Measure 3 funds; and
BE IT FURTHER RESOLVED, that there is no pending or threatened litigation which might in any way adversely affect the proposed project, or the ability of City of Berkeley to deliver such project; and
BE IT FURTHER RESOLVED, that City of Berkeley indemnifies and holds harmless MTC, BATA, and their Commissioners, representatives, agents, and employees from and against all claims, injury, suits, demands, liability, losses, damages, and expenses, whether direct or indirect (including any and all costs and expenses in connection therewith), incurred by reason of any act or failure to act of City of Berkeley, its officers, employees or agents, or subcontractors or any of them in connection with its performance of services under this allocation of Regional Measure 3 funds. City of Berkeley agrees at its own cost, expense, and risk, to defend any and all claims, actions, suits, or other legal proceedings brought or instituted against MTC, BATA, and their Commissioners, officers, agents, and employees, or any of them, arising out of such act or omission, and to pay and satisfy any resulting judgments. In addition to any other remedy authorized by law, so much of the funding due under this allocation of Regional Measure 3 funds as shall reasonably be considered necessary by MTC may be retained until disposition has been made of any claim for damages, and
BE IT FURTHER RESOLVED, that City of Berkeley shall, if any revenues or profits from any non-governmental use of property (or project) that those revenues or profits shall be used exclusively for the public transportation services for which the project was initially approved, either for capital improvements or maintenance and operational costs, otherwise the Metropolitan Transportation Commission is entitled to a proportionate share equal to MTC’s percentage participation in the project(s); and BE IT FURTHER RESOLVED, that assets purchased with Regional Measure 3 funds including facilities and equipment shall be used for the public transportation uses intended, and should said facilities and equipment cease to be operated or maintained for their intended public transportation purposes for its useful life, that the Metropolitan Transportation Commission (MTC) shall be entitled to a present day value refund or credit (at MTC’s option) based on MTC’s share of the Fair Market Value of the said facilities and equipment at the time the public transportation uses ceased, which shall be paid back to MTC in the same proportion that Regional Measure 3 funds were originally used; and BE IT FURTHER RESOLVED, that City of Berkeley shall post on both ends of the construction site(s) at least two signs visible to the public stating that the Project is funded with Regional Measure 3 Toll Revenues; and
BE IT FURTHER RESOLVED, that City of Berkeley authorizes its City Manager, or his/her designee to execute and submit an allocation request for the construction phase with MTC for Regional Measure 3 funds in the amount of $922,000, for the project, purposes and amounts included in the allocation request attached to this resolution; and
BE IT FURTHER RESOLVED, that the City Manager, or their designee is hereby delegated the authority to make non-substantive changes or minor amendments to the allocation request or IPR as he/she deems appropriate; and BE IT FURTHER RESOLVED, that a copy of this resolution shall be transmitted to MTC in conjunction with the filing of the City of Berkeley allocation request referenced herein.
Exhibit 1
Regional Measure 3
Initial Project Report
Project/Subproject Details
Basic Project Information
Project Number N/A
Project Title Adeline Street Quick Build
RM3 Funding Amount $922,000
Subproject Information
Subproject Number
Subproject Title
RM3 Funding Amount
I. Overall Subproject Information
a. Project Sponsor / Co-sponsor(s) / Implementing Agency City of Berkeley
b. Det
ailed Project Description (include definition of deliverable segment if different from ove rall
project/subproject)
This project runs on Adeline Street from Ashby Avenue to the Berkeley city limit at approximately 61st Street. There are currently six lanes of traffic on Adeline Street (three lanes in each direction). This project would reduce the number of through lanes from six to four lanes (two in each direction) and accommodate construction of a one-way protected bike lane (“cycle track”) on each side of Adeline Street. The project also constructs bus boarding islands at several stops along Adeline St. to minimize conflicts between bicyclists, buses and pedestrians. Upgraded Class II bike lanes will be implemented along the Ashby BART station and the adjacent Ed Roberts Campus to retain frequent curbside loading and disability access. The project makes an important connection in the regional bike network, bridging the gap from where the Adeline Street cycle track ends at Ashby Avenue in Berkeley to where it resumes on Adeline at the Oakland border. It will also connect to the cycle track that the City of Oakland is planning for Martin Luther King Jr Way. The low cost of project materials will create a cost-effective means of constructing safe infrastructure while offering the City of Berkeley design flexibility to respond to community input.
Exhibit 2
Regional Measure 3 Initial Project Report
c. Impediments to Project Completion
d. Ri
sk Management (describe risk management process for project budget and schedule, levels of contingency and ho
w they were determined, and risk assessment tools used) A construction contingency cost of 10% of the overall construction cost was applied to the budget.
e. Operability (describe entities responsible for operating and maintaining project once completed/implemented)
The project area is operated and maintained by the Public Works department of the City of Berkeley.
f. Project Graphic(s) (include below or attach)
Attached project map and conceptual designs.
II. Project Phase Description and Status
a. Environmental/Planning Does NEPA apply? Yes ☐ No☒
b. De
sign
c. Right-of-Way Activities / Acquisition
d. Construction / Vehicle Acquisition / Operating
The Project will install a Class IV separated bikeway, using temporary and replaceable materials. Where Class IV separated bikeways are not feasible within the constraints of a quick-build, Class II lanes with green thermoplastic will be implemented. In addition to Class IV separated bikeways, the project will include 2 doweled-in concrete floating bus islands and pedestrian refuge islands at 3 unsignalized crosswalks. The project will include community engagement on design details and data collection before
Regional Measure 3 Initial Project Report
and after project implementation to further inform design modifications. Due to the nature of quick- build projects and the small project budget, all design activities will take place during the construction phase. The Environmental (ENV), Project Approval and Environmental Document (PA&ED) and Plans, Specifications, and Estimate (PS&E) phases will be done by an existing on-call contracted engineering design firm; construction will be delivered via competitive invitation to bid.
III. Project Schedule
Phase-Milestone
Planned
Start Date Completion Date
Environmental Studies, Preliminary Eng. (ENV / PE / PA&ED) Final Design - Plans, Specs. & Estimates (PS&E)
Right-of-Way Activities /Acquisition (R/W)
Construction (Begin – Open for Use) / Acquisition (CON) 4/1/2026 8/ 1/2026
IV. Project Budget
Capital
Project Budget
Total Amount
- Escalated to
Year of Expenditure (YOE)-
(Thousands)
Environmental Studies & Preliminary Eng (ENV / PE / PA&ED) Design - Plans, Specifications and Estimates (PS&E)
Right-of-Way Activities /Acquisition (R/W)
Construction / Rolling Stock Acquisition (CON) $1,041,000 Total Project Budget (in thousands) $1,041,000
Deliverable Segment Budget (if different from Project budget) Total Amount
- Escalated to
Year of Expenditure (YOE)-
(Thousands)
Regional Measure 3 Initial Project Report
Environmental Studies & Preliminary Eng (ENV / PE / PA&ED) Design - Plans, Specifications and Estimates (PS&E)
Right-of-Way Activities /Acquisition (R/W)
Construction / Rolling Stock Acquisition (CON)
Total Project Budget (in thousands)
Operating
Total Amount
- Escalated to
Year of Expenditure (YOE)-
(Thousands)
Annual Operating Budget
V. Project Funding
Please provide a detailed funding plan in the Excel portion of the IPR. Use this section for additional detail or narrative as needed and to describe plans for any “To Be Determined” funding sources, including phase and year needed.
VI. Contact/Preparation Information
Contact for Project Sponsor
Name: Eric Anderson
Ti
tle: Principal Planner
Phone: 510-981-7062
Email: ea
[email protected]
Mailing Address: 1947 Center St. 4th Floor, Berkeley, CA 94704
Person Preparing Initial Project Report (if different from above) Name: Dani Dynes
Title: Associate Planner
Phone: 510-981-7053
Email: [email protected]
Mailing Address: 1947 Center St. 4th Floor, Berkeley, CA 94704
Regional Measure 3
Allocation Request
RM3 Project Information
Project Number N/A
Project Title Adeline Street Quick Build
Project Funding Amount $922,000
Subproject Information (if different from overall RM3 project) Subproject Number
Subproject Title
Subproject Funding
Amount
RM3 Allocation History (Add lines as necessary)
MTC Approval
Date
Amount Phase
#1:
#2
#3
Total: $
Current Allocation Request:
Request submittal date Amount Phase
6/30/2025 $922,000 Construction
I. RM3 Allocation Request Information
a. Describe the current status of the project, including any progress since the last allocation request or IPR update, if applicable.
Exhibit 3
The project has not started yet. Due to the quick build nature of the project the City will complete final design during the construction phase. Public engagement will be conducted before and after implementation.
b. Describe the scope of the allocation request. Provide background and other details as necessary. The scope must be consistent with the RM3 statute. If the scope differs from the most recent IPR for this project, please describe the reason for any changes here; a revised IPR may be necessary.
The allocation request will provide funding for the quick build project to construct 0.6 mi of class IV protected bikeways (some sections of class II where class IV is not feasible) on Adeline Street from Ashby Ave to the Berkeley-Oakland border. During construction of the bikeways several doweled-in concrete bus boarding islands will be constructed along Adeline Street, and pedestrian refuge islands will be added at three unsignalized crosswalks to improve conditions for transit riders and pedestrians.
c. Deliverable segment budget – please fill out attached Excel file. If the budget differs from the most recent IPR for this project, please describe the reason for any changes here; a revised IPR may be necessary.
Budget form is attached. The total project budget is $1,040,666. d. Schedule – what is the expected completion date of the phase for this allocation? Describe any significant milestones.
The estimated completion date is August 1, 2026.
e. If the project received an RM3 Letter of No Prejudice, how much has been spent against the approved RM3 LONP amount? (Note: the scope and RM3 amount for this allocation request should match the approved LONP)
Not applicable.
f. Request Details
Amount being requested $922,000
Project phase being requested Construction
Are there other fund sources involved in this phase? ☒ Yes ☐ No Date of anticipated Implementing Agency Board approval of RM3 Allocation Request resolution for the allocation being requested July 29, 2025 Month/year being requested for MTC commission approval of allocation October 2025
Note: Allocation requests are recommended to be submitted to MTC staff for review sixty (60) days prior to action by the Implementing Agency Board
g. List any other planned bridge toll allocation requests in the next 12 months
Regional Measure 3
Allocation Request
Funding Plan - Deliverable Segment - Fully funded phase or segment of total project Project Title:
Subproject Title
Project/Subproject Number:
Total RM3 Funding: 922,000$
(add rows as necessary)
RM3 Deliverable Segment Funding Plan - Funding by planned year of allocation Funding Source Phase
Prior 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30 2030-31 Future
committed
Total Amount
($ thousands)
Amount
Expended
($ thousands)
Amount
Remaining
($ thousands)
RM3 ENV -$ -$
ENV -$ -$
-$ -$
-$ -$
-$ -$
-$ -$
ENV Subtotal -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ RM 3 PSE -$ -$
PSE -$ -$
-$ -$
-$ -$
-$ -$
-$ -$
PSE Subtotal -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ RM 3 ROW -$ -$
ROW -$ -$
-$ -$
-$ -$
-$ -$
-$ -$
ROW Subtotal -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ RM 3 CON 922,000$ 922,000$ 922,000$ M
easure BB CON 119,000$ 119,000$ 119,000$ -$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
CON Subtotal -$ -$ 1,041,000$ -$ -$ -$ -$ -$ -$ 1,041,000$ -$ 1,041,000$ RM 3 Funding Subtotal -$ -$ 922,000$ -$ -$ -$ -$ -$ -$ 922,000$ -$ 922,000$
Capital Funding Total -$ -$ 1,041,000$ -$ -$ -$ -$ -$ -$ 1,041,000$ -$ 1,041,000$ Adeline Street Quick Build
Exhibit 4
Regional Measure 3
Allocation Request
Cash Flow Plan
Project Title:
Subproject Title
Project/Subproject Number: 0
Total RM3 Funding: 922,000$
(please include all planned funding, add rows as necessary) Please update the columns below based on your allocation month. The first six months of cash flow are monthly, followed by quarterly, then annually as long as you can reasonably estimate projected expenditures RM3 Cash Flow Plan for Deliverable Segment - Funding by requested expenditure period Funding Source(s)
List all funding sources besides RM3 Phase Prior Dec-24 Jan-25 Feb-25 Mar-25 2025 Q4
(April - June
2025)
2026 Q1
(July- Sept 2025)
2026 Q2
(Oct - Dec 2025)
2026 Q3
(Jan - March
2026)
2026 Q4
(April - June 2026)
2027 Q1
(July- Sept 2026)
2027 Q2
(Oct - Dec 2026)
2027 Q3
(Jan - March
2027)
2027 Q4
(April - June 2027)
2028 Q1
(July- Sept 2027)
2028 Q2
(Oct - Dec 2027)
2028 Q3
(Jan - March
2028)
Future committed
(if applicable)
Total Amount
($ millions)
Amount Expended
($ millions)
Amount Remaining
($ millions)
RM 3 ENV -$ -$
Other -$ -$
-$ -$
-$ -$
-$ -$
-$ -$
ENV Subtotal -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ RM 3 PSE -$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
PSE Subtotal -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ RM 3 ROW -$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
ROW Subtotal -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ RM 3 CON 461,000$ 461,000$ 922,000$ 922,000$ Measure BB CON 59,500$ 59,500$ 119,000$ 119,000$ -$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
CON Subtotal -$ -$ -$ -$ 520,500$ 520,500$ -$ -$ -$ -$ -$ -$ -$ 1,041, 000$ -$ 1,041, 000$ RM 3 Funding Subtotal -$ -$ -$ -$ 461,000$ 461,000$ -$ -$ -$ -$ -$ -$ -$ 922,000$ -$ 922,000$ Capital Funding Total -$ -$ -$ -$ 520,500$ 520,500$ -$ -$ -$ -$ -$ -$ -$ 1,041, 000$ -$ 1,041, 000$ Notes: RM3 funds should be drawn down approximately propotionately with other funding sources in the same phase. The allocation expiration date will be the end of the final fiscal year in which RM3 funds are planned to be expended for the requested phase.
Adeline Street Quick Build
0
Regional Measure 3
Allocation Request
Estimated Budget Plan
Project Title:
Subproject Title
Project/Subproject Number: 0
Total RM3 Funding: 922,000$
1. Direct Labor of Implementing Agency (specify by name and job function)
Estimated Hours Rate/Hour Total Estimated cost
Supervising Civil Engineer (Kenneth Jung) 1,006.29 87 87,547$ -$
-$
-$
-$
-$
Direct Labor Subtotal 87,547$
2. Overhead and direct benefits (specify) Rate x Base
Supervising Civil Engineer (Kenneth Jung) 72
Overhead and Benefit Subtotal 72,453$
3. Direct Capital Costs (include engineer's estiamte on construction, right-of-way, or vehicle acquisition
Unit (if applicable) Cost per unit Total Estimated cost Remove pavement striping and marking 6850 3 20,550$
In
stall bike lane marking w/ green thermoplastic 34 1100 37,400$ Install Thermo. 4" White Line 290 4 1,160$
Install 6" bike lane line 7544 5 37,720$
Install Thermo. Bike Lane Buffer 629 10 6,290$
Install Thermo Green Bike Lane 4063 19 77,197$
Install Tan Thermoplastic 501 19 9,519$
Install Flexible Post 97 110 10,670$
Install pavement traffic arrow 8 150 1,200$
Install pavement marking (parking ticks) 265 10 2,650$
Construct Doweled-In Concrete Bus Island w/ Bike Ramps 4 45000 180,000$ Construct Doweled-In Concrete Pedestrian Refuge Island 384 40 15,360$ Install Slurry Seal 775 60 46,500$
Install Bike Intersection Green Boxes with White Dash Markings 162 200 32,400$ Install Bike Lane Legend 11 550 6,050$
Dashed Traffic Line 1160 4 4,640$
BUS ONLY Pavement Markings 240 14 3,360$
Direct Capital Costs Stubtotal 492,666$
4. Consultants (Identify purpose and/or consultant) Total Estimated cost Construction Engineering 91,000$
Constultants Subtotal 91,000$
5. Other direct costs Total Estimated cost
Overhead -$
Mobilization/Demobilization 90,000.00$
Traffic Control 102,000.00$
Stormwater Protection Plan 55,000.00$
Construction Survey and Staking 50,000$
Adeline Street Quick Build
0
Other Direct Costs Subtotal 297,000$
Total Estimated Costs 1,040,666$
Comments:
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
September 9, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Terrance Davis, Director, Public Works
Subject: Contract No. 32500001 Amendment: CESCORP, dba Cal Elite Builders for Corp Yard City Fleet EV Charger Project. Specification No.23-11546-C
RECOMMENDATION
Adopt a Resolution authorizing the City Manager to amend Contract No. 32500001 with CESCORP dba Cal Elite Builders to complete the installation of electric vehicle chargers and related work at the Corporation Yard, increasing the current not to exceed contract amount of $814,680 by $140,000 for a total amount not to exceed $954,680.
FISCAL IMPACTS OF RECOMMENDATION
Funding for this contract amendment is available in the General Fund (011) in the Public Works budget. The $140,000 requested for this amendment is within the project budget.
No other funding is required.
Original Contract………………………………………………….$678,900.00
Original Contingency……………………………………………..$135,780.00
Original (NTE) $814,680.00
This Amendment………………………………………….………$140,000.00
Amended Contract Amount (NTE) $954,680.00
The original project contingency of 20% is expected to be expended due to change orders resulting from various unforeseen site conditions. The amended contract NTE amount will address pending change orders and provide additional contingency to address any additional unforeseen conditions necessary to complete the project.
CURRENT SITUATION AND ITS EFFECTS
The Corporation Yard City Fleet EV Charger project, one of the City’s Capital Improvement Projects, is the initial step towards establishing the necessary infrastructure to support electric vehicle charging at the Corporation Yard, in alignment to meet the City’s 2030 electrification goal. Through a competitive bidding process, CESCORP dba Cal Elite Builders was selected as the lowest, responsive bidder for this Capital Improvement Project, which supports the City’s initiative to electrify its fleet by
Contract No. 32500001 Amendment: CESCORP, dba Cal Elite Builders for CONSENT CALENDAR Corp Yard City Fleet EV Charger Project. Specification No.23-11546-C September 9, 2025
providing the necessary charging infrastructure. On September 16, 2024, Cal Elite Builders commenced construction on the Corporation Yard City Fleet EV Charger project. During the demolition phase, unforeseen site conditions were encountered, adding complexity to the project that had not been anticipated. Although these conditions were not visible prior to construction, the design team—including City staff, Interface Engineering, Inc., and Harrison Engineering, Inc.—conducted thorough due diligence during the planning and design phase to assess and anticipate site conditions as accurately as possible.
In addition, the site has undergone multiple previous projects over the years, many of which were not documented in available City drawings. As construction progressed, the contractor was able to begin quantifying these unforeseen conditions, which included; Elevated underground water levels, requiring the acquisition of a water discharge permit from East Bay Municipal Utility District
An abandoned monitoring well needing to be grouted to stop the influx of ground water
Concrete beneath the asphalt, necessitating additional excavation, labor, and specialized disposal
Relocating existing utilities to meet PG&E requirements Additional excavation due to PG&E design changes
Potholing for high pressure gas line and backfill
Previously undocumented underground utilities, complicating excavation and installation efforts
Tracing of underground fiber optic conduit
Soil sampling and testing
While the contract included a contingency $135,780 (20%), project management staff anticipates to deplete the contingency. Given the site’s history, size, and complexity, additional unforeseen conditions continue to emerge.
To date, $129,213.99 of the original $135,780.00 contingency has been encumbered, with the remaining balance expected to be consumed by pending change orders.
The provided services will support the Strategic Plan goals of creating a resilient, safe, connected, and prepared City and providing state-of-the art, well-maintained facilities.
BACKGROUND
In July of 2020, the Department presented its 2020 Municipal Fleet Electrification Assessment to the Council. This assessment, developed in response to a 2019 referral requested by the Council, details the department’s action plan for the pursuit of a full electrification of the City’s municipal vehicle fleet by the year 2030. The assessment and
Contract No. 32500001 Amendment: CESCORP, dba Cal Elite Builders for CONSENT CALENDAR Corp Yard City Fleet EV Charger Project. Specification No.23-11546-C September 9, 2025
this recommendation are primarily focused on servicing the electrification of the remaining 40% of the City’s fleet that are light duty vehicles.
While the pursuit of full electrification of the City’s light, medium, and heavy-vehicles remains limited by existing technologies, the portion of the fleet that is ready to be electrified can be prioritized. In order to meet its 2030 electrification goal and its broader climate goal to reach greenhouse gas emission 80% below 2000 levels by 2050, the City has committed to steady investments into the work of electrification.
The Department is on track to complete conversion of the light duty fleet to Electric Vehicles (EVs) by 2028, two years ahead of assessment’s schedule. The Corporation Yard is an especially important location because much of the City’s light duty fleet resides there, and without this charging infrastructure, EV conversion will slow dramatically.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The use of electric vehicles for Berkeley’s municipal fleet will significantly reduce the City’s greenhouse gas emissions. While the production of electric vehicles still results in some emissions, shifting away from fossil fuel-powered vehicles will nonetheless drastically advance the City’s climate goals.
RATIONALE FOR RECOMMENDATION
The additional funding is necessary for the completion of code complaint EV Charger infrastructure. As the City continues to electrify its fleet, a reliable and scalable charging network is critical to support the growing demand.
ALTERNATIVE ACTIONS CONSIDERED
No alternative actions were considered because the Contractor encountered unforeseen conditions, and the work is necessary for the completion of the project.
CONTACT PERSON
Wahid Amiri, Deputy Director, Department of Public Works, 510-981-6396 Ronald Nevels, City Engineer, Department of Public Works, 510-981-6439 Elmar Kapfer, Supervising Civil Engineer, Department of Public Works, 510-981-6435 Uriel Gonzalez, Assistant PW Engineer, Department of Public Works, 510-981-6627 Attachments:
1: Resolution
RESOLUTION NO. ##,###-N.S.
CONTRACT NO. 32500001 AMENDMENT: CESCORP, DBA CAL ELITE BUILDERS FOR CORP YARD CITY FLEET EV CHARGER PROJECT SPECIFICATION NO.23- 11546-C
WHEREAS, the project consists of site and electrical upgrades for the installation of City fleet EV chargers per Plans and Specifications No.23-11552-C; and WHEREAS, the City has neither the labor nor the equipment necessary to undertake this project; and
WHEREAS, an invitation for bids (Plans and Specifications No.23-11546-C) was duly advertised, and CESCORP, dba Cal Elite Builders was determined to be the lowest responsive and responsible bidder; and
WHEREAS, Resolution No. 71-195-N.S. adopted by Council on January 30, 2024 authorized 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 CESCORP, dba Cal Elite Builders for the Corp Yard City Fleet EV Charger Project in an amount not to exceed $814,680, which included a contingency of $135,780; and
WHEREAS, due to unforeseen conditions an increase of $140,000 to the not to exceed amount is required for the completion of the city fleet electric vehicle charger project; and WHEREAS, funds are available in the FY 2026 budget in the General Fund (011).
NOW THEREFORE, BE IT RESOLVED, by the Council of the City of Berkeley that the City Manager is authorized to execute an amendment to Contract No. 32500001 with CESCORP dba Cal Elite Builders for the Corp Yard City Fleet EV Charger Project increasing the current not to exceed contract amount of $814,680 by $140,000 for a total amount not to exceed $954,680.
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
September 9, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Terrance Davis, Director, Public Works
Subject: Contract: Mar Con Builders, Inc. for the Corporation Yard Green Room and Building H Improvements Project
RECOMMENDATION
Adopt a Resolution:
1. Approving plans and specifications for the Corporation Yard Green Room and Building H Improvements Project, Specification No. 25-116706-C; and
2. Accepting the bid of Mar Con Builders, 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 the Project is completed in accordance with the approved plans and specifications for an amount not to exceed $2,170,003, which includes a contingency of $283,004.
FISCAL IMPACTS OF RECOMMENDATION
Funding for this project is available in the Fiscal Year 2026 budget in Measure T1 Phase 2 Funds.
Low bid by Mar Con Builders, Inc (Base Bid)…………… ...$1,471,253 Additive Alternate #1: All work of Building H………..………..$415,706 15% Contingency $283,044 Total Construction Cost NTE $2,170,003
Fiscal Year 2026 Funding:
Measure T1 Phase 2 Fund: ……………………………… $2,170,003
CURRENT SITUATION AND ITS EFFECTS
The Green Room and Building H are located in the City’s Corporation Yard at 1326 Allston Way. Both buildings have numerous deficiencies, and multiple systems are at the end of their useful life, including roofing, flooring, restrooms, furnishings, electrical systems, lighting, plumbing, and HVAC.
The project will consist of renovations to the Green Room, including new roofing, flooring, lockers, restroom renovations, lighting, audiovisual equipment, electrical,
Contract: Mar Con Builders for the Corporation Yard Green Room CONSENT CALENDAR and Building H Improvements Project September 9, 2025
HVAC, and plumbing upgrades, and other related improvements. The Building H improvements include partial re-roofing, new gates and hardware, structural improvements, exterior lighting, and electrical upgrades.
The project was advertised for bids on January 21, 2025, and no bids were received by the submission deadline on February 27, 2025. The project was re-issued for bids on April 8, 2025, and on May 6, 2025, the City received four (4) bids ranging from $1,471,253 to $2,252,001.53 for the base bid. The determination of lowest responsive and responsible bidder was based on the price for the base bid work, as indicated in the bid documents. The engineer’s estimate for the base bid work was $1,450,000.
On May 13, 2025, the City received two bid protests. One protest was from the second apparent lowest bidder, Mark Lee and Yong Kay Inc., dba Bay Construction Co. (Bay) against the bid from the apparent low bidder Mar Con Builders, Inc. (Mar Con). The other protest was received from the apparent third lowest bidder, One Workplace Construction LLC, dba Vantis (Vantis) against bids of the apparent lowest bidder Mar Con and the second apparent lowest bidder Bay.
The general basis for the bid protests from Vantis and Bay against Mar Con was that Mar Con was non-responsive due to 1) failure to submit their bid in two envelopes per instructions to bidders, and 2) failure to list subcontractors for various scopes of work including design-build awning, metal lockers, architectural sheet metal, doors and hardware, and shower pans.
The general basis of Vantis’ protest against Bay was that Bay was non-responsive due to 1) failure to list a hazardous materials abatement subcontractor, and 2) inclusion of a steel subcontractor without an accreditation required in the contract documents.
Copies of the bid protests were provided to Mar Con and Bay to provide them an opportunity to respond to the protest issues. City staff and the City Attorney’s office carefully reviewed the bids, protests, and responses. Subsequently, City staff concluded that:
1) Mar Con’s failure to submit their bid in two envelopes was an immaterial defect and did not affect the bid price or give a competitive advantage to Mar Con; 2) The trade crafts contended to be missing from Mar Con’s subcontractor list will either be self-performed, valued at less than one-half of one percent (0.5%) of the total contract value, or already included in the bid of their listed subcontractors; and
3) Bay’s failure to list an abatement subcontractor and properly accredited steel subcontractor are material defects, and is thus deemed non-responsive and ineligible to protest.
Following review by the City Attorney’s Office and staff, the lowest responsive and responsible bidder was determined to be Mar Con. References for Mar Con were provided and were satisfactory. Staff recommend that a construction contract for the
Contract: Mar Con Builders for the Corporation Yard Green Room CONSENT CALENDAR and Building H Improvements Project September 9, 2025
Project be awarded to Mar Con Builders, Inc. to renovate the Green Room and Building H at the City’s Corporation Yard at 1326 Allston Way.
The Corporation Yard Green Room and Building H Improvements Project is a Strategic Plan Priority Project, advancing our goal to provide state-of-the-art, well-maintained infrastructure, amenities, and facilities.
BACKGROUND
The Corporation Yard is located at 1326 Allston Way and has been owned by the City and operated as a part of its facilities for over a century. Public Works operates multiple staffing groups from this location, including Facilities Maintenance, Electrical, Communication, Janitorial, Equipment Maintenance and Streets and Utilities.
Additionally, the Parks Recreation and Waterfront Department operates the following staffing groups: Forestry, Building Maintenance, and Landscape.
The Green Room serves as an assembly and training space and break room, and houses locker rooms and restrooms for staff. Building H is a materials and equipment storage building for the Streets and Utilities Division, has been in continual use since the Corporation Yard was first established.
In December 2020, Council adopted a list of projects for implementation in Phase 2 of the Measure T1 infrastructure bond program. Various facility improvements at the City Corporation Yard were among the list of adopted projects, including to the Green Room and Building H.
In June 2021, Public Works engaged the services of a consultant to perform condition assessment reports at numerous City-owned facilities for deficiencies, including at the Corporation Yard. Following the results of the assessment, the City engaged the services of an architectural consultant to begin design of improvements to the Green Room and Building H. Construction documents were completed and advertised for public bid in January 2025.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no anticipated negative environmental effects of this action. The installation of new energy efficient HVAC equipment, insulation, LED lighting, and low-flow plumbing fixtures will comply with the latest energy efficiency and water conservation standards, reducing energy use overall.
RATIONALE FOR RECOMMENDATION
Contracted services are required for this project as the City does not have the in-house expertise to complete this specialized work.
Contract: Mar Con Builders for the Corporation Yard Green Room CONSENT CALENDAR and Building H Improvements Project September 9, 2025
ALTERNATIVE ACTIONS CONSIDERED
None. The City determined that it was necessary to move forward with the project.
Deferring the work will lead to continued deterioration of the buildings and potential increased costs for additional repairs and maintenance.
CONTACT PERSON
Wahid Amiri, Deputy Director, Public Works (510) 981-6396 Ronald Nevels, Manager of Engineer, Public Works (510) 981-6439 Elmar Kapfer, Supervising Civil Engineer, Public Works (510) 981-6435 Attachments:
1: Resolution
2: Abstract of Bids
RESOLUTION NO. ##,###-N.S.
CONTRACT: MAR CON BUILDERS, INC. FOR THE CORPORATION YARD GREEN
ROOM AND BUILDING H IMPROVEMENTS PROJECT
WHEREAS, the Corporation Yard Green Room and Building H buildings have numerous deficiencies and need renovation; and
WHEREAS, the City has neither the labor nor the equipment necessary to undertake this project; and
WHEREAS, an invitation for bids (Plans and Specifications No. 25-11706-C) was duly advertised, on January 21, 2025, and no bids were received by the deadline on February 27, 2025; and
WHEREAS, the invitation for bids was re-issued on April 8, 2025, bids were opened on May 6, 2025, and the City received 4 bids; and
WHEREAS, upon receipt of two bid protests, review of the submitted bids, and careful consideration, the basis of the protests were found to not be material and would not significantly impact the bid; and
WHEREAS, Mar Con Builders, Inc. was determined to be the lowest responsive and responsible bidder; and
WHEREAS, funds are programmed into the FY 2026 budget in the Measure T1 Phase 2 Fund.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that Plans and Specifications No. 25-11706-C for the Corporation Yard Green Room and Building H Improvements Project are approved, and that the Mar Con Builders, Inc. is determined to be the lowest responsive and responsible bidder; and
BE IT FURTHER RESOLVED that the Council of the City of Berkeley authorizes the City Manager to execute a contract and any amendments, extensions or change orders, until completion of the project in accordance with the approved plans and specifications with Mar Con Builders, Inc. for the Corporation Yard Green Room and Building H Improvements Project at 1326 Allston Way, in an amount not to exceed $2,170,003, which includes a 15% contingency for unforeseen conditions. A record signature copy of the agreement and any amendments will be on file in the Office of the City Clerk.
Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: https://berkeleyca.gov/
CONSENT CALENDAR
September 9, 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: Bayview Industrial Services, Inc. for Removal of Transfer Station Underground Storage Tanks Project
RECOMMENDATION
Adopt a Resolution:
1. Approving plans and specifications for Removal of Transfer Station Underground Storage Tanks; and
2. Accepting the bid of Bayview Industrial Services, Inc. as the lowest, responsive and responsible bidder; and
3. Authorizing the City Manager to execute a contract and any amendments, extensions, or change orders until the Project is completed in accordance with the approved plans and specifications for an amount not to exceed $292,200, which includes a contingency of $48,360.
FISCAL IMPACTS OF RECOMMENDATION
Funding for this project is available in the Fiscal Year 2026 budget in the Zero Waste Fund.
Low bid by Bayview Industrial Services, Inc. .................................$241,840 20% Contingency $48,360
Total Construction Cost NTE $290,200
Fiscal Year 2026 Funding:
Zero Waste Fund: …………………………… $290,200
CURRENT SITUATION AND ITS EFFECTS
The Transfer Station provides on-site fueling for City vehicles. Currently, there are two (2) single-walled 10,000-gallon underground storage tanks (UST) for diesel on site. The California Water Board, under the authority of Senate Bill 445 signed on September 25, 2014, mandated that all single-walled underground storage tanks (USTs) and non- exempt single-walled piping be permanently closed by December 31, 2025. Systems not closed by the deadline will be considered out of compliance and will be subject to enforcement. Enforcement actions include civil penalties of $500 to $5,000 per day per
Contract: Bayview Industrial Services, Inc CONSENT CALENDAR for Removal of Underground Storage Tanks September 9, 2025
tank for ongoing non-compliance beginning January 1, 2026. The scope of this Removal of Transfer Station Underground Storage Tanks Project (project) includes removing two single-walled 10,000-gallon underground storage tanks at the transfer station to comply with the state law.
Requests for informal bids were sent to a list of qualified contractors on July 17, 2025.
Since the engineer’s estimate was under $200,000, the project was not advertised with a formal RFP. Bids were opened on August 13, 2025. The City received three bids ranging from $241,840 to $427,892.63. The lowest responsive and responsible bidder was determined to be Bayview Industrial Services, Inc. Staff recommends that a construction contract for the Project be awarded to Bayview Industrial Services, Inc.
The Transfer Station is located at 1201 Second Street. The Transfer Station serves multiple waste management and resource recovery functions for residents and some commercial users. Core functions of the Transfer Station include: accepting refuse for landfill, recycling, and composting organic material.
BACKGROUND
The Transfer Station was constructed and began operation in 1983. It replaced the previous City landfill and has since served as the City's primary location for solid waste transfer and recycling operations. There are two 10,000 gallon, single-walled underground diesel storage tanks on site that need to be removed per Water Board regulation.
Public Works engaged with the services of an architectural consultant, structural engineer, and environmental consultant in 2024 to create the bid documents for this project.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
This project will address the City’s sustainability and climate goals by reducing the risk of tank leaks into the surrounding soil/groundwater. There are no anticipated negative environmental effects of this action.
RATIONALE FOR RECOMMENDATION
Although Bayview Industrial Services, Inc.’s bid exceeded the engineer’s estimate, the contractor was still selected. If the City rebid the project, the schedule would be jeopardized such that the tank would not be removed by the January 1, 2026 deadline.
As a result, the City would be responsible for paying fines imposed by the Regional Water Quality Control Board in addition to being responsible for removing the tanks. The City does not have the in-house expertise to perform this highly specialized work. In addition to addressing regulatory compliance concerns, contracting this work is necessary to meet state-mandated requirements under the applicable Senate Bill, which requires timely removal and replacement of non-compliant underground storage tanks.
Contract: Bayview Industrial Services, Inc CONSENT CALENDAR for Removal of Underground Storage Tanks September 9, 2025
ALTERNATIVE ACTIONS CONSIDERED
The City may choose not to proceed with removal and replacement of the mandated double-walled tanks. However, deferring the work could expose the City to significant daily fines, ranging from $500 to $5,000, imposed by local enforcement agencies or the Regional Water Quality Control Board. In addition, postponement would place the City out of compliance with state water quality regulations and could lead to increased regulatory scrutiny and potential enforcement actions.
CONTACT PERSON
Wahid Amiri, Deputy Director, Department of Public Works (510) 981-6396 Ronald Nevels, Manager of Engineering, Department of Public Works (510) 981-6439 Elmar Kapfer, Supervising Civil Engineer, Department of Public Works (510) 981-6435 Priya Chopra, Associate Civil Engineer, Department of Public Works (510) 981-6338 Attachments:
1: Resolution
2: Abstract of Bids
RESOLUTION NO. ##,###‑N.S.
CONTRACT: BAYVIEW INDUSTRIAL SERVICES, INC. FOR REMOVAL OF TRANSFER STATION UNDERGROUND STORAGE TANKS; 1201 SECOND STREET
WHEREAS, to meet the California Water Quality Control Board requirements, the City requires the removal two 10,000-gallon undergrounds storage tanks (USTs), associated piping, and fueling equipment per Plans and Specifications; and
WHEREAS, the California Water Quality Control Board requires that all single-walled USTs and associated single-walled piping must be permanently closed and removed from service by December 31, 2025, or be subject to enforcement actions including civil penalties; and
WHEREAS, the City has neither the labor nor the equipment necessary to undertake this project; and
WHEREAS, informal bids (Plans and Specifications) were duly requested, and Bayview Industrial Services, Inc. was determined to be the lowest responsive and responsible bidder.
WHEREAS, funds are available in the FY 2026 budget in the Zero Waste Fund.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Plans and Specifications for Removal of Transfer Station Underground Storage Tanks Project are approved.
BE IT FURTHER RESOLVED that the Council of the City of Berkeley accepts the bid of Bayview Industrial Services, Inc. as the lowest responsive and responsible bidder.
BE IT FURTHER RESOLVED that the Council of the City of Berkeley authorizes the City Manager, or designee, 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 (Bayview Industrial Services, Inc.) for the Removal of Transfer Station Underground Storage Tanks Project in an amount not to exceed $292,200, which includes a contingency in the amount of $48,360. A record signature copy of the agreement and any amendments will be on file in the Office of the City Clerk.
Docusign Envelope ID: BA70B85A-85F7-4649-99D8-B48DFA285D0B City of Berkeley
Abstract of Bid Worksheet
Finance Department
General Services Division Bid Date:
Spec. # NA
8/13/2025
FOR: Removal of Underground Storage Tanks
required w/ bid
Priya Chopra
8/26/2025
Elmar Kapfer
8/26/2025
2180 Milvia Street, Berkeley, CA 94704 Tel: 510.981.7320 TDD: 510.981.6903 [email protected]
Bi
dders Base Bid Ad
denda (1)
1 Ba
yview $ 241,840.00 1
2 ER
RG $ 42
7,892.63 1
3 Golden
Gate Tank Removal $ 267,000.00 1
4 5
6 7
8 9
10
Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager
CONSENT CALENDAR
September 9, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen City Manager
Submitted by: Terrance Davis, Director, Department of Public Works Subject: Contract Amendments: On-Call Civil Engineering Services, CSW Stuber- Stroeh Engineering Group, Inc. and SCI Consulting Group Inc.
RECOMMENDATION
Adopt two Resolutions authorizing the City Manager to execute contract amendments for on-call civil engineering, construction management and various assessment related services for capital improvement projects increasing each contract amount and extending the term of the contracts to December 31, 2027.
1. Contract No. 32300080 with CSW Stuber-Stroeh Engineering Group increasing the spending authority by $750,000, for an amount not to exceed $2,2500,000.
2. Contract No. 32300110 with SCI Consulting Group Inc. increasing the spending authority by $100,000 for a total not to exceed $400,000.
FISCAL IMPACTS OF RECOMMENDATION
Funding for these contract amendments to increase the spending authority is available in the Fiscal Year (FY) 2026 adopted budget for the Sanitary Sewer Fund 611, Capital Improvement Program, Fund 501 and for the Clean Storm Water Fund 616. Additional funding for these on-call contracts is subject to appropriation in FY 2026 through FY 2027 based on the department’s needs for civil engineering services.
CURRENT SITUATION AND ITS EFFECTS
In order for specific capital improvement programs to move forward, City resources must be supplemented with outside civil engineering consultants. Civil engineering services are needed to design sanitary sewer rehabilitation projects, streets, storm drains, green infrastructure, sidewalk projects, retaining walls, conduct assessments and construction management for these projects.
On September 20, 2022, Council authorized a contract with CSW Stuber-Stroeh Engineering Group, Inc. (CSWST2) for a not to exceed amount of $750,000 by Resolution No. 70,535-N.S. (Specification No. 22-11507-C) to provide on-call civil engineering services from FY 2023 through FY 2025. On May 14, 2024, Council authorized a contract amendment to increase the contract amount to a not to exceed the amount of $1,500,000 by Resolution No. 71,331-N.S.
Contract Amendments: for On-Call Civil Engineering Services CONSENT CALENDAR CSW Stuber-Stroeh Engineering Group and September 9, 2025 SCI Consulting Group
From November 1, 2022, to July 31, 2025, task orders for civil engineering services have been authorized to CSWST2 for approximately 88% of their total contract amount. The scope of work has included design, bidding, and construction support for green infrastructure, sanitary sewer, storm drains, creeks, retaining walls, sidewalks, and other capital improvements. Projects supported by this contract include but are not limited to Wildcat Canyon Drainage Improvements, Strawberry Creek Culvert Maintenance, various sanitary sewer rehabilitation projects, and the EPA grant funded West Berkeley Aquatic Park Drainage Improvements project. In order to ensure capital improvement programs, continue to have needed civil-engineering support, staff proposes amending the contract for CSWST2 to increase expenditure authority by $750,000 for a total not to exceed amount of $2,250,000.
On September 20, 2022, Council authorized a contract with SCI Consulting Group (SCI) for a not to exceed amount of $150,000 by Resolution No. 70,541-N.S. On December 12, 2023, Council authorized a contract amendment to increase the contract amount to a not to exceed the amount of $300,000 by Resolution No.71,145-N.S.
From November 1, 2022, to July 31, 2025, task orders for on-call assessment engineering services have been authorized to SCI for approximately 82% of the total contract amount.
The authorized work included Street Light Assessment District and Clean Storm Fee administration; an impact fee nexus study for Berkeley Fire; and review and analysis of the November 2024 infrastructure-related ballot Initiatives. There is a continuing need for assessment and fee levy administration over the next two years. In order to remain compliant with levy administration procedures and successfully levy City Street lighting assessment and the Clean Storm Fee, staff proposes amending the contract with SCI to increased expenditure authority by $100,000 for a total not to exceed amount of $400,000.
The provided services support the Strategic Plan goal to provide state-of-the-art, well- maintained infrastructure, amenities, and facilities.
BACKGROUND
The Engineering Division of the Department is experiencing significantly increased workloads resulting from staff vacancies, deferred maintenance, ongoing capital projects, T1 projects, and a ramp-up in the City's paving program to prepare for Measure FF implementation. The City has used civil engineering consultants to design and manage projects to supplement City staff and provide support with specialized projects for which City staff do not have the required expertise.
On September 22, 2014, East Bay Municipal Utility District (EBMUD), the City of Berkeley, and EBMUD’s other satellite agencies entered into a Consent Decree (CD) with the United States Environmental Protect Agency (EPA), the Regional Water Board, and the State Water Board. The mandate of this consent decree is to eliminate sanitary
Contract Amendments: for On-Call Civil Engineering Services CONSENT CALENDAR CSW Stuber-Stroeh Engineering Group and September 9, 2025 SCI Consulting Group
sewer overflows and reduce wet weather inflow and infiltration into the sanitary sewer system. The ultimate goal is to eliminate EBMUD facility discharges of untreated or partially treated wastewater into the San Francisco Bay during storm events. Under the CD, the City agreed to replace its sanitary sewer mains at an average annual rate of no less than 4.2 miles based on a three-fiscal-year rolling average. In order to meet this requirement, the City needs design and construction support from on-call consultants.
On-call contracts provide professional design, engineering, assessments and construction management services when needed and reduce the urgency and need for hiring additional staff.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no negative environmental effects of this action. These contracts will help ensure the successful completion of capital improvement projects, including green infrastructure projects, which will result in the removal of pollutants from storm runoff, an increase in green space, and a reduction of the urban heat island effect.
The CSWST2 on-call contract also supports the design of improvements to the City’s sanitary sewer system which help minimize the frequency of Sanitary Sewer Overflows and reduce infiltration and inflow into the City’s sanitary sewer system, which in turn will minimize impacts of untreated sewer discharge into the San Francisco Bay and protect water quality.
RATIONALE FOR RECOMMENDATION
CSWST2 has expertise in civil engineering and can support the City in various capital projects including sanitary sewer rehabilitation and green infrastructure projects. The City does not have the staffing resources or expertise to complete these projects in-house.
Amending this contract will assist the City in proceeding with planned capital improvement projects.
SCI has expertise in administration of assessments, fees and special taxes for public agencies. The City has insufficient staffing and resources to administer the annual levy of street lighting assessments and the clean storm fee. Amending this contract will assist the City in proceeding with required annual administration.
ALTERNATIVE ACTIONS CONSIDERED
Council could choose not to amend these contracts, which would delay the progress of planned capital improvement projects and result in a reduction in the department’s level of service.
CONTACT PERSON
Wahid Amiri, Deputy Director, Public Works, (510) 981-6396 Ronald A. Nevels, Manager of Engineering, Public Works, (510) 981-6439 Adadu Yemane, Associate Civil Engineer, Public Works, (510) 981-6413
Contract Amendments: for On-Call Civil Engineering Services CONSENT CALENDAR CSW Stuber-Stroeh Engineering Group and September 9, 2025 SCI Consulting Group
Attachments:
1: Resolution – Contract No. 32300080 with CSW Stuber-Stroeh Engineering Group, Inc.
2. Resolution – Contract No. 32300110 with SCI Consulting Group Inc.
Internal
RESOLUTION NO. ##,###-N.S.
CONTRACT NO. 32300080 AMENDMENT: CSW STUBER-STROEH ENGINEERING GROUP INC. FOR ON-CALL CIVIL ENGINEERING SERVICES
WHEREAS, on September 20, 2022, by Resolution No. 70,535-N.S., the City Council authorized Contract No. 32300080 with CSW Stuber-Stroeh Engineering Group, Inc. for on-call civil engineering services, in an amount not to exceed $750,000 for a three-year period expiring December 31, 2025; and
WHEREAS, on In FY 2025, the contract was amended, increasing the amount by $750,000 for a total not to exceed $1,500,000 and extending the term of the contract to June 30, 2027; and
WHEREAS, the City does not have sufficient in-house resources to perform the volume of necessary civil engineering work expected over the next two years; and WHEREAS the City desires to retain on-call civil engineering services for various Public Works projects, including Consent Decree mandated sewer rehabilitation and grant funded green infrastructure projects; and
WHEREAS, funding is available in the FY 2026 adopted budget Sanitary Sewer Fund 611, Capital Improvement Program fund 501, and the Clean Storm Fund 611, and funding for future years will be identified and requested for appropriation as project needs arise.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute an amendment to Contract No. 32300080 with CSW Stuber-Stroeh Engineering Group, Inc. for on-call civil engineering services, increasing the amount by $750,000 for a total not to exceed $2,250,000 and extending the term of the contract to December 31, 2027. A record signature copy of said contract and any amendments will be on file in the Office of the City Clerk.
Internal
September 9, 2025
RESOLUTION NO. ##,###-N.S.
CONTRACT NO. 32300110 AMENDMENT: SCI CONSULTING GROUP FOR ON-
CALL CIVIL ENGINEERING SERVICES
WHEREAS, on September 20, 2022, by Resolution No. 70,541-N.S., the City Council authorized Contract No. 32300110 with SCI Consulting Group for on-call civil engineering services, in an amount not to exceed $150,000 for a three-year period expiring December 31, 2025.
WHEREAS, on December 12, 2023, by Resolution No. 71,145-N.S., the City Council authorized a contract amendment increasing the contract amount by $150,000 for a not to exceed amount of $300,000; and
WHEREAS, the City does not have sufficient in-house resources to perform the volume of necessary civil engineering and assessment engineering work for the next two years; and
WHEREAS, SCI Consulting Group has expertise in assessment engineering including administration of assessments, fees and special taxes for public agencies and there is a continuing need for these services; and
WHEREAS funds are available in the Clean Stormwater Fund (616) and Street Lighting Assessment Fund (142) in the FY 2026 budget and will be allocated from each program’s fiscal year capital budget based on each project or program.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute an amendment to the Contract No. 32300110 with SCI Consulting Group for on-call civil engineering services increasing the amount by $100,000 for a total not to exceed $400,000 and extending the term of the contract to December 31, 2027. A record signature copy of said contract and any amendments to be on file in the Office of the City Clerk.
CONSENT CALENDAR
September 9th, 2025
To: Honorable Mayor and Members of the City Council
From: Councilmember Terry Taplin
Subject: Budget Referral: 9th Street Linear Park Design Phase
RECOMMENDATION
Refer to the November 2025 (FY25) AAO1 Process $75,000 to fund the 9th Street Linear Park Design Phase.
FISCAL IMPACTS OF RECOMMENDATION
$75,000 and staff time.
CURRENT SITUATION AND ITS EFFECTS
The bikeway currently starts as a lateral offset in line with the alignment of 9th Street before the street curves through the Berkeley Bowl West Parking lot. It runs south, crossing Ashby - Highway 13 and continues past Murray St., connecting to the Emeryville Greenway, running about 0.2 miles in total.
Running along either side of the linear park are plots of dirt, gravel, and woodchips between the streetlights that illuminate the path when dark. The open space leaves the opportunity city investment. Activating public spaces leads to the enhancement of residents' experience using the space1.
This project moves the city towards its goal of being a global leader in addressing climate change, advancing environmental justice, and protecting the environment. Creating well- maintained and beautiful spaces to encourage residents to support these goals is essential to meeting them.
BACKGROUND
In 1911, Southern Pacific’s “Ninth Street Line” Was constructed as an interurban rail route. It ran from the ferry terminal in West Oakland through Emeryville, West Berkeley, and Albany, terminating at the top of Solano. Transit service ended in 1941, Southern Pacific turned the line into freight-only only servicing the local industries in Emeryville and West Berkeley.2 In 2001, the tract was closed, and the Cities of Berkeley and Emeryville took control over the strips of land.
1 https://journals.prz.edu.pl/jceea/article/view/1621/1209 2 https://www.hmdb.org/m.asp?m=238893
Budget Referral Funding The 9th Street Linear Park Design Phase Consent Calendar September 9th, 2025
In 2009, Berkeley Bowl West opened on the plot of land on Ninth St. just north of the Berkeley- Emeryville border. This allowed the city to begin a redesign process for the area. Phase I of the Ninth Street Greenway was completed in 2012. This created the two-block section of “Class 1”3 pathway from Murray Street, extending the Emeryville Greenway into the Berkeley border.
Phase I also created a temporary “Class 3” bike path along Ninth Street proper.
In March of 2020 the construction began on a dedicated “Class 1”3 bike lane. The bike lane runs from the start of the reverse curve on Ninth St and continues across Ashby Ave, connecting with the path from Phase I. This closed the last gap in the North-South Bicycle corridor and connects the West Berkeley Neighborhood to the Emeryville Greenway.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Maintaining and investing in dedicated bike ways encourages more transportation by bicycle instead of more environmentally impactful transportation options.
CONTACT PERSON
Councilmember Terry Taplin, District 2, 510-981-7120
3 https://lvbikecoalition.org/wp-content/uploads/2017/12/caltrans-d4-bike-plan_bikeway-classification- brochure_072517.pdf
Internal
CONSENT CALENDAR
September 9th, 2025
To: Honorable Mayor and Members of the City Council
From: Councilmember Terry Taplin
Subject: Waterside Workshops: 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 Waterside Workshops in celebration and execution of The Land and Sea Party 2025.
FISCAL IMPACTS OF RECOMMENDATION
$500 is available from contributing Councilmember’s Council Office Budget discretionary accounts.
BACKGROUND
Waterside Workshops was established in 2007 with the goal to address the loss of hands-on wood shop, metal shop, and other vocational programs from schools in the area. These losses did not cause for decreased interest in the fields they focused on.
There became very few places for young people to learn the trades while supervised from experienced professionals. Waterside Workshops have continued to expand their offering to the community. They opened a Boathouse allowing for boat rentals and youth camps on building boats. Additionally, Waterside Workshops opened a bike repair shop in 2015, both fixing bikes to earn income for the non-profit and educating community members on how to fix and maintain their bicycles.
Waterside Workshops has continued to support such endeavors and serves as a vital resource of the community. The Land and Sea Party fundraiser supports the organization and ensures it can continue to offer programs to the community. This event serves as an excellent opportunity to support the groups that support the city and its residents.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
No environmental impacts.
RATIONALE FOR RECOMMENDATION
Internal
Waterside Workshops
CONSENT CALENDAR
September 9th, 2025
CONTACT PERSON
Terry Taplin, Councilmember, Council District 2, (510) 981-7120 Attachments:
1: Resolution
Internal
Waterside Workshops
CONSENT CALENDAR
September 9th, 2025
RESOLUTION NO. ##,###-N.S.
AUTHORIZING THE EXPENDITURE OF SURPLUS FUNDS FROM THE OFFICE EXPENSE
ACCOUNTS OF THE MAYOR AND COUNCILMEMBERS FOR A GRANT TO PROVIDE
PUBLIC SERVICES FOR A MUNICIPAL PUBLIC PURPOSE
WHEREAS, Councilmember Taplin has surplus funds in his office expenditure account (budget code 011-11-102-100-0000-000-411); and
WHEREAS, a California non-profit tax-exempt corporation Waterside Workshop seeks funds in the amount of $500 to provide the following public services: engages youth and the community through hands-on learning in bicycle mechanics, wooden boatbuilding, and outdoor education; and WHEREAS, the provision of such services would fulfill the following municipal public purpose:
supporting the organizations that offer essential youth and community opportunities not found elsewhere in the city;
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that funds relinquished by the Mayor and Councilmembers from their Council Office Budget up to $500 amount per office shall be granted to Waterside Workshop to support The Land and Sea Party 2025.
Office of the City Manager
ACTION CALENDAR
September 9, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Jen Louis, Chief of Police
Subject: Contract: Flock Safety for Condor Fixed Surveillance Cameras
RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Flock Safety to provide Condor fixed surveillance cameras and services for an initial four-year term, in an amount not to exceed $310,000, with an option to extend the contract for one additional three-year term, for a total contract amount not to exceed $600,000.
FISCAL IMPACTS OF RECOMMENDATION
Funding for this contract is available in the General Fund allocation to Public Works previously designated for surveillance cameras. The initial four-year contract term will be funded in an amount not to exceed $310,000. Should the option to extend be exercised, the total contract amount for the full seven-year period will not exceed $600,000.
CURRENT SITUATION AND ITS EFFECTS
On July 22, 2025, the City Council accepted the Surveillance Acquisition Report for the Flock Safety Condor video cameras and re-affirmed the associated Use Policies. This action completed the requirements of the Surveillance Technology Ordinance (STO) and authorized the Police Department to proceed with implementation. With the Council- requested changes to these policies now scheduled for issuance, this contract is the final administrative step required to deploy the camera system. Executing this contract will allow the City to install and operate the fixed surveillance cameras to enhance public safety and support criminal investigations.
BACKGROUND
The City Council has on multiple occasions directed staff to deploy a network of fixed surveillance cameras to deter crime and provide investigative support. The initial vendor
was unable to proceed due to significant technical and logistical challenges related to power supply and right-of-way access.
On March 18, 2025, Council approved a transition to Flock Safety, whose solar- powered Condor cameras overcome the previous installation barriers. On July 22, 2025, Council formally accepted the Surveillance Acquisition Report for the Flock technology.
Flock Safety’s services are available through a competitively bid cooperative purchasing agreement with the NASPO consortium, which satisfies the City’s competitive procurement requirements and ensures fair pricing.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Transitioning to solar-powered cameras will reduce the carbon footprint of this project.
RATIONALE FOR RECOMMENDATION
Authorizing this contract allows the City to implement the Council-approved fixed surveillance camera program efficiently. Flock Safety’s technology meets the City’s operational needs, integrates with the existing Automated License Plate Reader (ALPR) network, and adheres to the strict privacy and data security safeguards outlined in the Surveillance Acquisition Report and departmental policies. The contract terms are consistent with the fiscal planning for this project and provide a long-term solution for this public safety initiative.
In line with Council’s direction on July 22nd, 2025 "to approve contracts that are in full compliance with Berkeley City Law", the proposed Master Services Agreement with Flock has been amended to incorporate revisions from the City Attorney’s Office, including to Sections 4.3 and 5.3:
4.3 Anonymized Data. Flock shall have the right to collect, analyze, and anonymize Customer Data and Customer Generated Data in order to create Anonymized Data.
Customer hereby grants Flock a limited, non-exclusive, worldwide, perpetual, royalty- free right to use Anonymized Data to improve and enhance the Flock Services and for other development, diagnostic or corrective purposes for other Flock offerings. Parties understand that the aforementioned license is required for continuity of Services. Flock does not own and shall not use, sell, or share Anonymized Data except as provided herein or as authorized in writing by Customer.
5.3 Disclosure of Footage. Subject to and during the Retention Period, Flock may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or third parties, if legally required to do so (e.g., by court order). Flock shall not otherwise share or disclose any Footage to any third party without the written consent of Customer. If Flock receives a legal request or demand (including subpoenas, court orders, or other legal process) seeking access to Footage or other Customer Data, Flock shall, to the extent legally permitted, promptly notify Customer of such request and obtain the written consent of Customer prior to disclosing any such Footage or Customer Data.
ALTERNATIVE ACTIONS CONSIDERED
Staff considered continuing with other products; however, technical challenges have rendered this alternative unworkable.
CONTACT PERSON
Jen Louis, Chief of Police, (510) 981-5700
ATTACHMENTS
1. Resolution
ATTACHMENT 1
RESOLUTION NO. XX,XXX-N.S.
CONTRACT: FLOCK SAFETY FOR CONDOR FIXED SURVEILLANCE CAMERAS WHEREAS, the City Council has authorized the implementation of an External Fixed Video Surveillance Camera program to enhance public safety, deter crime, and support criminal investigations; and
WHEREAS, technical challenges prevented the previously selected vendor from implementing the program; and
WHEREAS, on March 18, 2025, the City Council authorized a transition to Flock Safety as the new vendor and, on July 22, 2025, accepted the Surveillance Acquisition Report for the Flock Safety Condor Video Cameras in accordance with Berkeley Municipal Code Chapter 2.99; and
WHEREAS, Flock Safety’s services are available through a competitively bid NASPO consortium purchasing agreement, satisfying the City’s requirements for competitive procurement; and
WHEREAS, funds are available in the General Fund for this purpose.
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 Flock Safety to provide Condor fixed surveillance cameras and associated services. The contract will have an initial term of four years in an amount not to exceed $310,000, with an option to extend for one additional three-year term, for a total contract amount not to exceed $600,000.
Office of the City Attorney
ACTION CALENDAR
September 9, 2025
To: Honorable Members of the City Council
From: Farimah Brown, City Attorney (Author)
Subject: Proposed Sanctuary City Ordinance – Council Referral; Adding Berkeley Municipal Code Chapter 13.114
RECOMMENDATION
Adopt a Sanctuary City Ordinance (BMC 13.114) to codify the City’s sanctuary policy into the Berkeley Municipal Code.
BACKGROUND
Over the last ten years, the City of Berkeley has repeatedly reaffirmed its longstanding sanctuary policy and status as a City of Refuge for immigrants within the City. The City’s policy generally prohibits the City from assisting or cooperating with federal immigration enforcement in various respects. (See Resolution No. 67,325-N.S. (2015), Resolution No. 67,598-N.S. & No. 67,763-N.S. (2016), Resolution No. 68,131-N.S. (2017), and Resolution No. 71,658-N.S. (2025).)
In January 2025, the Mayor convened a Sanctuary City Task Force that recommended codifying these sanctuary policies in an ordinance, in order to ensure the continuation of the City’s sanctuary status. On April 15, 2025, based on the Task Force’s recommendation, the City Council referred to the City Attorney a proposal to return to Council with “an analysis and recommendation regarding the codification” of the policy.
Accordingly, the City Attorney’s Office reviewed the City’s existing sanctuary resolutions, ordinances from comparable jurisdictions, and legal developments relating to the City’s sanctuary policy in order to develop a draft ordinance for review and potential adoption by City Council. The City Attorney’s Office also consulted with the Mayor, City Manager, and members of the Task Force for direction on desired policy outcomes.
After conducting this review and consultation, the City Attorney’s Office drafted a proposed Sanctuary City Ordinance (BMC 13.114) for Council’s consideration, which is attached to this report as Attachment 1. The proposed ordinance would codify the City’s current policy into the Berkeley Municipal Code, and would also expand upon the City’s current policy in several ways, including by (1) prohibiting City personnel from disclosing “protected personal information,” as defined, to federal immigration enforcement; and (2) creating a new procedure for public reporting of certain requests for information or assistance made to or from federal immigration enforcement.
Proposed Sanctuary City Ordinance – Council Referral; September 9, 2025 Adding Berkeley Municipal Code Chapter 13.114
RATIONALE FOR RECOMMENDATION
The City Attorney’s Office makes this recommendation at the request of the City Council per its referral on April 15, 2025.
FINANCIAL IMPLICATIONS
The proposed ordinance, if adopted, could require the use of City resources in the form of staff time by requiring staff to publicly report certain requests for information or assistance made to or from federal immigration enforcement officials. Such staff time is not anticipated to be extensive given that such contacts are not expected to be frequent.
ENVIRONMENTAL SUSTAINABILITY
There are no identifiable environmental effects from taking this action.
CONTACT PERSON
Farimah Brown 510-981-6998
Attachments:
1. Ordinance No. -N.S.: ADOPTING BERKELEY MUNICIPAL CODE CHAPTER
13.114 TO CODIFY THE CITY’S LONGSTANDING SANCTUARY POLICY
ORDINANCE NO. -N.S.
ADDING BERKELEY MUNICIPAL CODE CHAPTER 13.114 TO CODIFY THE CITY’S
LONGSTANDING SANCTUARY POLICY
BE IT ORDAINED by the Council of the City of Berkeley as follows:
Section 1: That the Berkeley Municipal Code shall be amended to add Section 13.114 to read as follows:
Chapter 13.114
SANCTUARY CITY ORDINANCE
Sections:
13.114.010 - Findings and Declarations
13.114.020 - Definitions
13.114.030 - Prohibition on Use of City Resources
13.114.040 - Reporting and Transparency
13.114.050 - Exceptions to Prohibitions; Ordinance Not to Conflict with Federal Law.
13.114.060 - Enforcement; No Private Right of Action
13.114.070 - Severability
13.114.080 - Superseding of Prior Resolutions
13.114.090 - Effective Date
13.114.010 City Council Findings and Declarations
A. The City of Berkeley is home to people of diverse racial, ethnic, and national backgrounds, including a large immigrant population.
B. Immigrants are valuable and essential members of the City of Berkeley community.
C. A relationship of trust between the City of Berkeley’s immigrant community and the City of Berkeley, its departments, programs, and personnel is central to the public safety of Berkeley residents.
D. This trust is threatened when state and local agencies are entangled with federal immigration enforcement, with the result that immigrant community members may fear approaching police when they are victims of or witnesses to crimes, or may fear seeking basic health services or attending school, to the detriment of public safety and the well- being of all Berkeley residents.
E. Entangling state and local agencies with federal immigration enforcement programs diverts already limited resources and blurs the lines of accountability between local, state, and federal governments.
F. Multiple studies have proven that jurisdictions that do not assist in immigration enforcement are safer and economically more prosperous compared to other jurisdictions – including a 2017 report by the Center for American Progress that shows on average there are 35.5 fewer crimes committed per 10,000 people in sanctuary jurisdictions, the average annual income is $4,353 higher, the poverty rate is 2.3% lower, and unemployment is 1.1% lower.
G. The City of Berkeley was the first City in the Nation to declare itself a City of Refuge in 1971 for Vietnam War conscientious objectors (Resolution 44,784-N.S.). In 1986, the City became a City of Refuge for immigrants who sought sanctuary in Berkeley religious institutions (Resolution No. 52,596-N.S.). The City reaffirmed its City of Refuge status in 2007 (Resolution No. 63,711-N.S.), 2015 (Resolution No. 67,325-N.S.), 2016 (Resolution No. 67,598-N.S. & No. 67,763-N.S.), 2017 (Resolution No. 68,131-N.S.), and most recently, 2025 (Resolution No. 71,658-N.S.). Berkeley was also the first City to support the “New Border Vision,” in 2020, to encourage Congress to expand public safety, protect human rights, and welcome people to our communities.
H. The City now wishes to enact an ordinance consistent with Resolution No. 71,658 and its longstanding sanctuary policy and status as a City of Refuge.
13.114.020 Definitions.
For purposes of this Chapter, the following words and phrases are defined as follows:
A. “Citizenship or Immigration Status” means all information regarding citizenship of the United States or any other country, the authority to reside in or otherwise be present in
the United States, including visa status, and/or the time or manner of a person’s entry into the United States.
B. “City” means the City of Berkeley.
C. “City Agency” means every City department, agency, division, commission, council, committee, board, other body, or person established by authority of voter initiative, ordinance, Charter, executive order, or City Council order.
D. “City Personnel” means all persons employed by, appointed by, or serving any City Agency, including through a contract for services.
E. “City Resources” means City funds, facilities, property, equipment, or personnel.
F. “Immigration Authority” means any person or agency engaging in “Immigration Enforcement,” including but not limited to the U.S. Department of Homeland Security or its component agencies, U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, or U.S. Citizenship and Immigration Services.
G. “Immigration Enforcement” means (1) any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law against natural persons, including but not limited to efforts to require the registration of individuals based on their Citizenship or Immigration Status; or (2) any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal criminal immigration law that penalizes a natural person’s presence in, entry to, reentry to, or employment in, the United States or failure to register based on their Citizenship or Immigration Status.
H. “Protected Personal Information” means any information that identifies, relates to, describes, or is capable of being associated with a particular individual, including but not limited to a person’s name, birthdate, Social Security Number or Individual Taxpayer Identification Number, telephone number, home or work address, driver’s license number, place of birth, or biometric information.
13.114.030 Prohibition on Use of City Resources.
The following restrictions on the use of City Resources shall apply relating to Immigration Enforcement:
A. No City Agency or Personnel shall use any City Resources to assist any Immigration Authority with Immigration Enforcement.
B. No City Agency or Personnel shall deny access to any City services or benefits to residents based on Citizenship or Immigration Status.
C. The prohibitions set forth in 13.114.030 (A) and (B) shall include but not be limited to:
1. Assisting or cooperating with any Immigration Authority’s investigation, detention, or arrest relating to Immigration Enforcement, including but not limited to any such actions in schools, after-school programs, hospitals, health centers, places of worship, non-profits, or city vendors, whether such actions are public or clandestine;
2. Identifying, investigating, interrogating, arresting, transferring, detaining, or continuing to detain a person for a purpose relating to Immigration Enforcement;
3. Inquiring into, requesting, or collecting information about the Citizenship or Immigration Status, country of origin, nationality, or place of birth of any individual, unless that information is required (i) to provide a City service or (ii) for City employment verification;
4. Disseminating or disclosing Protected Personal Information to Immigration Authorities in connection with Immigration Enforcement without a valid judicial warrant or subpoena issued by a court of competent jurisdiction;
5. Complying with any civil immigration warrant or request to detain, transfer, or notify any federal authority about the release of any individual;
6. Making individuals in City custody available to Immigration Authorities for interviews;
7. Performing any functions of an immigration officer pursuant to Section 1357(g) of Title 8 of the United States Code;
8. Consenting to an Immigration Authority’s search of non-public areas of City property or non-public records, absent a valid judicial warrant or judicial subpoena issued by a court of competent jurisdiction.
a. City Agency or Personnel shall immediately notify their supervisor of any request by an Immigration Authority to access any non-public City property or records.
D. No City Agency or Personnel shall refer a person asking questions about their own Citizenship or Immigration Status to an Immigration Authority or any other government agency. Instead, the City Agency or Personnel shall refer such individuals to local non-
profit immigration law organizations. A list of such organizations shall be compiled and disseminated at City buildings and on the City’s website.
13.114.040 Reporting and Transparency.
A. City Agencies shall document in writing all requests for information or assistance (1) made by a City Agency or Personnel to an Immigration Authority; or (2) received by a City Agency or Personnel from an Immigration Authority, if the City Agency or Personnel responded to the request. The requests that must be documented under this section include, but are not limited to, requests for immigration detainers, transfers, interviews, interrogations, notifications, Protected Personal Information, or the Citizenship or Immigration Status of any individual.
B. The documentation shall include but not be limited to the date, job title of requester or person to whom request was made, agency of requester or to which request was made, nature of the information disclosed or sought, a copy of a warrant, if any, and the response to the request, if any.
C. City Agencies shall maintain these records for two years and make them available to the City Manager or City Attorney upon request.
D. All City Agencies shall report in writing to the City Council any request described in subsection A within ten (10) business days of the request, with instruction to report such request as an Information Item on the next available agenda for a regular meeting of the City Council.
E. The Information Item described in subsection D shall include all the information listed in subsection B; however, it shall be redacted as necessary to avoid compromising an active investigation or invading the privacy of any individual, consistent with the California Public Records Act.
13.114.050 Exceptions to Prohibitions; Ordinance Not to Conflict with Federal Law.
The prohibitions in Section 13.114.030 of this Ordinance shall not apply where the individual to whom such information pertains provides his or her consent (or if such individual is a minor, the consent of that person’s parent or guardian), where the information or disclosure is necessary to provide a City service, or where otherwise required by state or federal law, including but not limited to Section 1373 of Title 8 of the U.S. Code.
13.114.060 Enforcement; No Private Right of Action.
A. This Chapter does not create or form the basis of liability on the part of the City or City Agencies or City Personnel. It is not intended to create any new rights for breach of which the City is liable for money or any other damages to any person who claims that such breach proximately caused injury.
B. This Chapter shall be implemented and overseen through existing administrative policies and procedures applicable to City operations and services.
C. The City Manager may establish rules and regulations governing the implementation of this Chapter, including but not limited to rules governing the reporting of violations of Section 13.114.030.
13.114.070 Severability.
If any part or provision of this Chapter, or the application of this Chapter to any person or circumstance, is held invalid, the remainder of this Chapter, including the application of such part or provision to other persons or circumstances, shall not be affected by such a holding and shall continue in full force and effect. To this end, the provisions of this Chapter are severable.
13.114.080 Superseding of Prior Resolutions.
This Chapter shall supersede Resolution Nos. 44,784-N.S., 52,596-N.S., 63,711-N.S., 67,325- N.S., 67,598-N.S., 67,763-N.S., 68,131-N.S., and 71,658-N.S., to the extent there is a conflict between the provisions of these Resolutions and the provisions of this Chapter.
13.114.090 Effective Date.
This ordinance shall become effective thirty (30) days after its adoption.
Section 2. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation
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/
INFORMATION CALENDAR
September 9, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: David Sprague, Fire Chief
Subject: Fire Hazard Severity Zone 0 Implementation Plan
INTRODUCTION
This report provides an update on the progress of implementing the Zone 0 component of the Effective Measures for Berkeley’s Ember Resilience (EMBER) initiative, adopted by the City Council on June 17, 2025. EMBER is a comprehensive strategy aimed at reducing ignition risk within the community during a wildfire through vegetation management, resident engagement, home hardening incentives, and interagency partnerships. Council adopted the portion of EMBER that added Zone 0 defensible space principals to the Berkeley Municipal Code.
CURRENT SITUATION AND ITS EFFECTS
While the implementation plan is designed and launched, the Department has already taken meaningful action by narrowing the annual Defensible Space Inspection area from the former Very High Fire Hazard Severity Zone (over 9,000 parcels) to the Grizzly Peak and Panoramic Mitigation areas; just under 1,400 properties.
The smaller inspection area allows residents to make individual, scheduled appointments – a long sought after enhancement to the program. Inspectors are spending up to an hour with each resident discussing compliance, mitigation strategies, and upcoming code changes, compared to minimal engagement during past annual inspections due to the volume.
During this transition period, inspectors have been following a two-step approach:
1. Perform one property walkthrough using the existing legacy code.
2. Perform a second walkthrough explaining the 2026 code requirements and working with residents to create phased work plans that guide them towards improving resilience without requiring immediate completion of all the work.
Note: Residents are only required to comply with the legacy code, but many are choosing to move ahead with efforts to begin alignment of their properties with the forthcoming Zone 0 code, which will be rolled out in 2026.
Fire Hazard Severity Zone 0 Implementation Plan INFORMATION CALENDAR September 9, 2025
Resident Engagement
The Department has been tracking a significant increase in resident participation and in- person engagement with inspectors, including:
Full 360° inspections have increased from 36.3% to 55.6% (+19.3%), a considerable improvement. Each full 360° inspection yields a more comprehensive recommendation for how a resident can reduce ignition risk and build resilience.
Residents walking with inspectors rose from 12.7% to 47% (+34.3%), which results in a better understanding of the work that needs to occur. Defensible space violations identified more than doubled from the same period last year, from 244 to 571, indicating deeper and more thorough inspections.
Defensible space report engagement improved, with 67.7% of residents opening their reports within 15 days, up from 59.7% last year.
Vegetation Management – Chipping Services
The chipping program, which provides removal of more substantial vegetation that does not fit in a green bin, at no charge to residents, provides additional data points that support the effectiveness of the new approach.
Through July 2025 crews have performed 673 pickups, removing 2,384 cubic yards of material, that’s 17% more pickups and 44% more volume than the same period in 2024.
Strong growth in new participants via word-of-mouth and neighborhood outreach.
BACKGROUND
The Department has developed a phased implementation plan to roll out the new Zone 0 requirements within the City’s highest wildfire risk areas. This plan outlines the sequence of administrative, operational, and community engagement activities necessary to ensure a smooth transition. While the core milestones are established, the Department recognizes that implementation will require flexibility; adjustments will be made as needed based on lessons learned during each phase, particularly as the organization moves through the Fall and Winter of 2025.
Phase I – Administrative & Structural Changes (July 2025 – October 2025) July 2025:
o Update maps on public facing GIS portal. Visit https://berkeleyca.gov and then search “GIS”. Select the “Community GIS Portal” link.
Fire Hazard Severity Zone 0 Implementation Plan INFORMATION CALENDAR September 9, 2025
Scroll down to find the “Fire and Emergency Services” link. o Select members for the resident working group and create the administrative and logistical structure to support it.
o Design, build and launch digital Right of Entry form to allow residents to provide advance written permission for 360° inspections without owner present.
o Design and launch the new workflow for the Resident Assistance Program (RAP). RAP provides city support to bring a parcel into compliance with the Fire Code.
o Design and launch a solicitation for professional fire-wise landscape planning services.
o Reconfigure inspection software (pending any additional changes to the municipal code approved by Council in December 2025). The process of refining language in the software will continue through 2025 as feedback from inspections and resident interactions is used to improve the platform. August 2025:
o Coordinate schedules with community members and launch the resident working group.
o Run the first tranche of eligible properties through the RAP as a beta test and design, prepare and advertise a webinar for all eligible properties in September.
o Begin a complete redesign of the Berkeley Fire Safe website to provide a more sophisticated and intuitive user interface, making it easier for residents to find and act on critical information. Key improvements will include targeted, parcel-specific guidance based on geographic location; a clearly organized, step-by-step approach that breaks requirements and best practices into manageable actions; and streamlined navigation to connect users quickly with resources, checklists, and compliance tools. September 2025:
o Testing and final modifications to the Berkeley Fire Safe webpage. o Begin procurement for a communications consultant to assist in designing and running a multi-channel Zone 0 outreach program with a goal to have a consultant selected and onboarded by November 2025.
Fire Hazard Severity Zone 0 Implementation Plan INFORMATION CALENDAR September 9, 2025
October 2025:
o Launch new Berkeley Fire Safe webpage with updated user interface, branding and messaging.
o Update all existing public-facing information (websites, printed guides, FAQs).
Outreach & Engagement Rollout (November 2025 – March 2026) November 2025:
o Finalize and launch outreach campaign with selected communications vendor. Potential components are outlined in the following months and are subject to change once a vendor is selected.
o Potential Step 1: Begin coordinated digital outreach (City email newsletters, social media, online ads).
December 2025 – January 2026:
o Potential Step 2: Mail brochures and postcards to all affected parcels. o Potential Step 3: Conduct public workshops, neighborhood Q&A sessions, and tabling at community events.
February – March 2026:
o Begin inspector and staff training (classroom + field sessions). o Potential Step 4: Partner with Home Owner Associations, neighborhood associations, FireWise groups, FireSafe Councils and local organizations for targeted outreach.
o Potential Step 5: Release short educational videos and “how-to” guides featuring local inspectors and subject matter experts.
Phase II – Beta Inspections (March 2025 – April 2026)
March 2026:
o Conduct pilot inspections in selected neighborhoods.
o Analyze findings and make necessary program improvements. March – April 2026:
Fire Hazard Severity Zone 0 Implementation Plan INFORMATION CALENDAR September 9, 2025
o Make final adjustments to program including staff training, messaging, policy and procedures.
Phase III – Full Implementation (May 2026 – Ongoing)
May 2026:
o Begin Zone 0 inspection cycle across mitigation areas. o Review data annually to refine outreach and enforcement.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Reducing flammable vegetation and promoting fire-resistant landscaping supports climate adaptation goals, decreases wildfire-related greenhouse gas emissions, enhances preparedness, and preserves healthy mature trees.
POSSIBLE FUTURE ACTION
1. Continue low-volume, high-engagement inspection model.
2. Expand Resident Assistance Program scope and eligibility.
3. Increase nonprofit-managed home hardening funding.
4. Develop additional partnerships with regional Fire Safe Councils and grant- makers.
FISCAL IMPACTS OF POSSIBLE FUTURE ACTION
All fiscal impacts are currently projected to be covered through the Department’s baseline budget allocations or grant funding.
CONTACT PERSON
David Sprague, Fire Chief, Berkeley Fire Department, (510) 981-3473 ATTACHMENTS:
1: Current Coaching Guide for Residents. Note: Will be integrated into the Defensible Space Inspection software by the time of this Council meeting.