Agenda packet, first session — Berkeley City Council, April 26, 2022 (part 1 of 8)

Tuesday, April 26, 2022 AGENDA Page 1
AGENDA

BERKELEY CITY COUNCIL MEETING
Tuesday, April 26, 2022
6:00 PM

JESSE ARREGUIN, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – RIGEL ROBINSON
DISTRICT 4 – KATE HARRISON DISTRICT 8 – LORI DROSTE

PUBLIC ADVISORY: THIS MEETING WILL BE CONDUCTED EXCLUSIVELY THROUGH

VIDEOCONFERENCE AND TELECONFERENCE
Pursuant to Government Code Section 54953(e) and the state declared emergency, this meeting of the City Council will be conducted exclusively through teleconference and Zoom videoconference. The COVID -19 state of emergency continues to directly impact the ability of the members to meet safely in person and presents imminent risks to the health of attendees. Therefore, no physical meeting location will be available.

Live captioned broadcasts of Council Meetings are available on Cable B -TV (Channel 33) and via internet accessible video stream at http://www.cityofberkeley.info/CalendarEventWebcastMain.aspx.

To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this UR L https://us02web.zoom.us/j/83685329120. I
f you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen.

To join by phone: Dial 1-669-900-9128 or 1-877-853-5257 (Toll Free) and enter Meeting ID: 836 8532 9120. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

Please be mindful that the teleconference will be recorded as any Council meeting is recorded, and all other rules of procedure and decorum will apply for Council meetings conducted by teleconference or videoconference.

To submit a written communication for the City Council’s consideration and inclusion in the public record, email [email protected].

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953. Any member of the public may attend this meeting. Questions regarding this matter may be addressed to Mark Numainville, City Clerk, (510) 981-6900. The City Council may take action related to any subject listed on the Agenda. Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be spec ified.

1 Tuesday, April 26, 2022 AGENDA Page 2
Preliminary Matters
Roll Call:

Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

City Manager Comments: The City Manager may make announcements or provide information to the City Council in the form of an oral report. The Council will not take action on such items but may request the City Manager place a report on a future agenda for discussion.

Public Comment on Non-Agenda Matters: Persons will be selected to address matters not on the Council agenda. If five or fewer persons wish to speak, each person selected will be allotted two minutes each. If more than five persons wish to speak, up to ten persons will be selected to address matters not on the Council agenda and each person selected will be allotted one minute each. The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda.

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 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 s peak 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. Speakers will be entitled to two minutes each to speak in opposition to or support of Consent Calendar and Information Items. A speaker may only speak once during the period for public comment on Consent Calendar and Information items.

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

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Recess Items

1. Contract No. 32000225 Amendment: Rebecca Burnside for Personnel Investigations
From: City Manager
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess to amend Contract No. 32000225 with Rebecca Burnside for Personnel Investigations by increasing the contract amount by $151,000 for a new not to exceed amount of $200,000.

Financial Implications: See report
Contact: Abe Roman, Fire, (510) 981-3473
Consent Calendar

2. Collection of Parking Space Rental Tax for City Owned Parking Lots; and Amending BMC Section 6.24.050
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,806-N.S. amending BMC 6.24.050 to allow Parking Space Rental Tax to be placed in the general fund instead of a special fund.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Paul Buddenhagen, City manager’s Office, (510) 981-7000

3. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of March 8 (closed and regular), March 10 (special), March 15 (special-5 pm and special-6 pm), March 22 (closed, special and regular).

Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900

4. Acceptance of Funding from University of California, Berkeley for Operations of the Rodeway Inn
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to accept a $2,200,000 donation from the University of California, Berkeley to support 6 months of operations at the Rodeway Inn for the noncongregate sheltering of people experiencing homelessness at People’s Park.

Financial Implications: One-Time Grant: No Capital Expenditures Fund - $2,200,000 (Donation)
Contact: Peter Radu, City Manager's Office, (510) 981-7000

3 Consent Calendar
Tuesday, April 26, 2022 AGENDA Page 4

5. Contract: Abode Services to Operate Interim Housing at the Rodeway Inn From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Abode Services to operate an interim housing program at the Rodeway Inn (1461 University Ave.) in an amount not to exceed $3,993,397 for the period of May 1, 2022 to October 31, 2023.

Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000

6. Urgency Ordinance for Leasing the Real Property at 1461 University Avenue From: City Manager
Recommendation: Adopt an Urgency Ordinance to enter into a lease for the real property located at 1461 University Avenue, Berkeley for a term of 18 months.

Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000

7. Contract: Village of Love for Operation of the Telegraph Neighborhood Sacred Rest Drop-In Center
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Village of Love to operate a daytime drop-in center for people experiencing homelessness, in an amount not to exceed $250,000 for the term of June 1, 2022 – May 31, 2023.

Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000

8. Endorsement of the Alameda County Home Together 2026 Implementation Plan
From: City Manager
Recommendation: Adopt a Resolution endorsing the Home Together 2026 Implementation Plan, a community-wide plan for Alameda County which lays out the goals, strategies and investments needed to dramatically reduce homelessness – and reduce racial disparities in the homeless population – by 2026.

Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000

9. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on April 26, 2022
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 - $10,914,400
Contact: Henry Oyekanmi, Finance, (510) 981-7300

4 Consent Calendar
Tuesday, April 26, 2022 AGENDA Page 5

10. Contract: Fire Aside for Defensible Space Inspection Software From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Fire Aside to provide a mobile vegetation inspection software solution for the Fire Department from May 18, 2022 to May 17, 2024 in an amount not to exceed $60,000 with an option to extend for an additional four years, for a total contract amount not to exceed $160,000.

Financial Implications: Measure FF Funds - $160,000
Contact: Abe Roman, Fire, (510) 981-3473

11. Commission Reorganization for Post-COVID-19 Budget Recovery: Community Health Commission
From: City Manager
Recommendation: Adopt the first reading of an Ordinance to revise Municipal Code Sections 3.76.010 to 3.76.040 which establishes the Community Health Commission in order to change Commission membership to include nine (9) people and consolidate the functions of the Commission from ten overlapping and redundant functions to a more concise 4 functions.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

12. Contract No. 110062 Amendment: Pacific Site Management From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 110062 with Pacific Site Management, increasing the total contract amount by $76,648 for a total contract amount not to exceed $432,470, and extending the term to June 30, 2023 for landscaping services at Public Health Division, Aging Services Division, and Mental Health Division facilities.

Financial Implications: Various Funds - $76,648
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

13. Contract No. 31900203 Amendment: Resource Development Associates for Crisis Assessment and Triage Line Evaluation
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 31900203 with Resource Development Associates for evaluation consulting services, extending the term to June 30, 2023 and increasing the contract by $19,350 for a total amount not to exceed $82,350.

Financial Implications: One-Time Grant: No Capital Expenditures Fund - $19,350 Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

5 Consent Calendar
Tuesday, April 26, 2022 AGENDA Page 6

14. Grant Application: the Surrendered and Abandoned Vessel Exchange (SAVE) grant program of the California Division of Boating & Waterways From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to: 1) apply for and accept a grant in the amount of $60,000 from the California Division of Boating & Waterways (DBW) Surrendered and Abandoned Vessel Exchange (SAVE) grant program for the removal and disposal of anticipated abandoned vessels located at the Berkeley Marina; 2) Execute any amendments; and 3) Authorize a local match contribution of $6,000.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

15. Contracts: Association for Energy Affordability, BlocPower, Ecology Center, Northern California Land Trust, and Waterside Workshops for Climate Equity Fund Pilot Programs
From: City Manager
Recommendation: Adopt five Resolutions authorizing the City Manager to award contracts and execute any amendments, extensions, or change orders with: 1) Association for Energy Affordability in an amount not to exceed $83,334; 2) BlocPower in an amount not to exceed $83,333; 3) Ecology Center in an amount not to exceed $100,000; 4) Northern California Land Trust in an amount not to exceed $83,333; and 5) Waterside Workshops in an amount not to exceed $250,000 to develop Climate Equity Fund Pilot Programs; for a cumulative amount of all contracts not to exceed $600,000, for the period of May 1, 2022 to May 31, 2024.

Financial Implications: Climate Equity Action Fund - $600,000 Contact: Jordan Klein, Planning and Development, (510) 981-7400

16. Contract: Diablo Engineering Group for Preliminary Engineering and Final Design for the Ohlone Greenway Modernization and Safety Project From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Diablo Engineering Group for Preliminary Engineering and Final Design for the Ohlone Greenway Modernization and Safety project, for a not-to-exceed amount of $220,000, plus an additional not-to-exceed amount of $14,000 for any as-needed additional project-related services as directed by the City’s Project Manager, for a total not-to-exceed contract amount of $234,000, for the period June 1, 2022 through December 31, 2024.

Financial Implications: Various Funds - $550,000
Contact: Liam Garland, Public Works, (510) 981-6300

6 Consent Calendar
Tuesday, April 26, 2022 AGENDA Page 7

17. Contract: ParkMobile, LLC for Mobile Parking Payment Services From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a three-year contract and any amendments with ParkMobile, LLC, to provide mobile parking payment at on-street meters and reservations at parking garages in an amount not to exceed $300,000 for the period July 1, 2022 through June 30, 2025.

Financial Implications: Parking Meter Fund - $300,000
Contact: Liam Garland, Public Works, (510) 981-6300

18. Contract No. 9977B Amendment: Portable Computer Systems dba PCS Mobile for Parking Permit and Citation Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 9977B with Portable Computer Systems dba PCS Mobile increasing the contract amount by $225,000, for a total amount not-to-exceed $2,050,000 and extending the term through June 30, 2024.

Financial Implications: Parking Meter Fund - $225,000
Contact: Liam Garland, Public Works, (510) 981-6300

19. Contract No. 117441-1 Amendment: Chrisp Company for Roadway Thermoplastic Markings
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 117441-1 with Chrisp Company to extend the contract term by two years to June 30, 2024, with an option for up to three additional one-year extensions.

Financial Implications: None
Contact: Liam Garland, Public Works, (510) 981-6300

20. Contract No. 31900047 Amendment: Pavement Engineering Inc. for On-Call Civil Engineering and Construction Management Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 31900047 with Pavement Engineering Inc. for on-call civil engineering services, increasing the contract amount by $1,000,000 for a total not-to-exceed amount of $3,500,000 and extending the term of the contract from June 30, 2022 to December 31, 2023.

Financial Implications: Various Funds - $1,000,000
Contact: Liam Garland, Public Works, (510) 981-6300

7 Consent Calendar
Tuesday, April 26, 2022 AGENDA Page 8

21. Lease Amendment: Options Recovery Lease of City Property 1835 Allston Way From: City Manager
Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute an Amendment to the Lease Agreement with Options Recovery Services for the Old City Hall Annex Building located at 1835 Allston Way. The lease provides for a total of two options to renew for five (5) year terms. This first option period shall commence (retroactively) on January 1, 2020, and end on December 31, 2024.

Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300

22. Purchase Order: Western Truck Center for Four Front Loaders From: City Manager
Recommendation: Adopt a Resolution satisfying requirements of City Charter Article XI Section 67.2 allowing the City to participate in Sourcewell contract bid procedures, and authorizing the City Manager to execute a purchase of four (4) Front Loaders with Western Truck Center in an amount not to exceed $1,731,000.

Financial Implications: Equipment Replacement Fund - $1,731,000 Contact: Liam Garland, Public Works, (510) 981-6300
Council Consent Items

23. Bay Area Book Festival: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Fund
From: Mayor Arreguin (Author)
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $1068 from Mayor Arreguin, to the Bay Area Book Festival for the purposes of covering costs associated with personal protective equipment (PPE), with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Mayor Arreguin.

Financial Implications: Mayor’s Discretionary Funds - $1,068 Contact: Jesse Arreguin, Mayor, (510) 981-7100

24. Budget Referral: Housing Retention Fund
From: Mayor Arreguin (Author), Councilmember Hahn (Co-Sponsor), Councilmember Harrison (Co-Sponsor), Councilmember Bartlett (Co-Sponsor) Recommendation: Refer to the Fiscal Year 2023 budget process an allocation of $1 million from the American Rescue Plan Act (ARPA) funds to the Eviction Defense Center to supplement the Housing Retention Program, including COVID-19 emergency grants.

Financial Implications: American Rescue Plan Act Fund - $1,000,000 Contact: Jesse Arreguin, Mayor, (510) 981-7100

8 Council Consent Items

Tuesday, April 26, 2022 AGENDA Page 9

25. Budget Referral: Expand Scope of the Downtown Streets From: Councilmember Kesarwani (Author)
Recommendation: Referral to the City Manager and the FY 2022-23 budget process $50,000 annually to expand the scope of services for the Downtown Streets Team to address the need for enhanced services around commercial and industrial areas in the Gilman District twice weekly.

The Gilman District is defined as the commercial area west of San Pablo Avenue to Eastshore Highway and, on the south, Gilman Street north to the Albany border.

Financial Implications: See report
Contact: Rashi Kesarwani, Councilmember, District 1, (510) 981-7110

26. Convert 62nd Street Between King St, and Adeline St. Into a Cul de Sac with a Marked Bicycle Lane Connecting Adeline St. to the Bicycle Boulevard on King St.

From: Councilmember Bartlett (Author), Mayor Arreguin (Co-Sponsor) Recommendation: Refer to the Fiscal Year 2022/2023 Budget Process, an allocation of $300,000 to convert 62nd Street between King St. and Adeline St. into a cul de sac with a marked bicycle lane connecting Adeline St. to the bicycle boulevard on King St.

Financial Implications: See report
Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130

27. Adopt a Resolution in Support of California State Assembly Bill 2557 (Bonta):

Specifying That Records of Civilian Law Enforcement Oversight Agencies Are Subject to the Disclosure Requirements of the Public Records Act From: Councilmember Harrison (Author), Councilmember Hahn (Co-Sponsor) Recommendation: Adopt a Resolution in support of California State Assembly Bill 2557 (Bonta) that specifies that records and information obtained from records of civilian law enforcement oversight agencies are subject to the disclosure requirements of the public records act and not considered confidential. Send copies of the resolution and letters to Governor Newsom, State Senator Skinner, and Assemblymembers Wicks and Bonta.

Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140

9 Council Consent Items

Tuesday, April 26, 2022 AGENDA Page 10

28. Budget Referral for Accessibility Renovations for Luna Dance Institute From: Councilmember Hahn (Author), Mayor Arreguin (Co-Sponsor), Councilmember Taplin (Co-Sponsor), Councilmember Harrison (Co-Sponsor) Recommendation: Refer a grant of $150,000 for the benefit of Luna Dance Institute to the FY2023-2024 budget process to support the renovation of 931 Ashby Avenue and create a fully accessible, permanent dance education center for children, families, artists, teachers and the public. Funds will be directed to accessibility upgrades allowing the new Luna center to become Berkeley’s first and only 100% ADA accessible studio, rehearsal, performance, and teaching space.

Financial Implications: See report
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150

29. Budget Referral: Hopkins Corridor Bike, Pedestrian, and Placemaking Improvements
From: Councilmember Hahn (Author), Councilmember Wengraf (Co-Sponsor), Councilmember Robinson (Co-Sponsor)
Recommendation: Refer $300,000 to the FY 2023-2024 budget process, with $150,000 in FY 2023 and $150,000 in FY 2024, for bike, pedestrian, and streetscape improvements to be implemented in coordination with protected bike lanes, pedestrian safety features, and re-paving of the Hopkins Corridor.

Financial Implications: See report
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150

30. Co-Sponsorship and Budget Referral for the Solano Avenue Stroll From: Councilmember Hahn (Author), Councilmember Wengraf (Co-Sponsor), Councilmember Harrison (Co-Sponsor)
Recommendation: 1. Adopt a Resolution for the City of Berkeley to Co-Sponsor the Solano Avenue Association’s 2022 and 2023 Solano Avenue Stroll events, currently scheduled for Sunday, September 11, 2022 and Sunday, September 10, 2023, taking place on Solano Avenue in both Berkeley and Albany; and

2. Resolve to provide in-kind City services previously provided at no cost to the Solano Stroll, including but not limited to police, fire, zero waste, and public works, at no cost to the September 2022 and 2023 Solano Stroll events, and allocate $20,000 per year for FY 2023 and 2024 ($40,000 total) for the Solano Avenue Stroll, to support the September 2022 and 2023 Stroll events.

Financial Implications: See report
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150

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Tuesday, April 26, 2022 AGENDA Page 11

31. Support for AB 2234: Postentitlement Permit Streamlining From: Councilmember Robinson (Author)
Recommendation: Send a letter to Assemblymember Robert Rivas, Senator Nancy Skinner, and Assemblymember Buffy Wicks in support of Assembly Bill 2234, which would require local governments to adopt modernizations to the postentitlement phase permitting process.

Financial Implications: None
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170 Action Calendar

The public may comment on each item listed on the agenda for action as the item is taken up. 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.

The Presiding Officer will request that persons wishing to speak use the "raise hand" function to determine the number of persons interested in speaking at that time. Up to ten (10) speakers may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue.

Action items may be reordered at the discretion of the Chair with the consent of Council.

Action Calendar – New Business

32. Issuance of $40,000,000 General Obligation Bonds for Measure O – Affordable Housing
From: City Manager
Recommendation: Adopt a Resolution authorizing the issuance and sale of general obligation bonds to finance acquisition and improvement of affordable housing and authorizing actions related thereto.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

Action Calendar – Public Hearings
Staff shall introduce the public hearing item and present their comments. This is followed by five -minute presentations each by the appellant and applicant. The Presiding Officer will request that persons wishing to speak use the "raise hand" function to be recognized and to determine the number of persons interested in speaking at that time.

Up to ten (10) speakers may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker.

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.
11 Action Calendar – Public Hearings
Tuesday, April 26, 2022 AGENDA Page 12
Each member of the City Council shall verbally disclose all ex parte contacts concerning the subject of the hearing. Councilmembers shall also submit a report of such contacts in writing prior to the commencement of the hearing. Written reports shall be available for public review in the office of the City Clerk.

33. ZAB Appeal: 1643-1647 California Street, Use Permit #ZP2021-0001 From: City Manager
Recommendation: Conduct a public hearing, and, upon conclusion, adopt a Resolution affirming the Zoning Adjustments Board (ZAB) decision to approve Use Permit #ZP2021-0001 to: 1) create a new lower basement level, 2) construct a new second story, and 3) modify the existing duplex layout resulting in a 3,763 square foot duplex on an existing property, and dismiss the appeal.

Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400

34. Zoning Ordinance Amendments that Address Technical Edits and Corrections to Berkeley Municipal Code (BMC) Title 23
From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt first reading of an Ordinance containing technical edits, corrections and other non- substantive amendments to the following sections of the new Zoning Ordinance:

BMC Section 23.326.030 (Eliminating Dwelling Units through Demolition) BMC Section 23.204.020 (Allowed Land Uses)
BMC Section 23.204.100 (C-SA Zoning District)
BMC Section 23.204.110 (C-T Zoning District)
BMC Section 23.204.130 (C-DMU District)
BMC Section 23.204.140 (C-W Zoning District)
BMC Section 23.206 (Manufacturing Districts)
BMC Section 23.302.040 (Home Occupations)
BMC Section 23.304.060 (Accessory Buildings and Enclosed Accessory Structures) BMC Section 23.322.030 (Required Parking Spaces)
BMC Section 23.502.020 (Glossary)
Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400

12 Action Calendar – Public Hearings
Tuesday, April 26, 2022 AGENDA Page 13

35. Submission of the Program Year 2022 (FY 2023) Annual Action Plan Containing Allocations of Federal Funds
From: City Manager
Recommendation: Conduct a public hearing on the federal Program Year (PY) 2022 Annual Action Plan (AAP) for federal Housing and Urban Development Department (HUD) funds, including the allocation of federal funding for community agencies and, upon conclusion, adopt a Resolution: 1. Approving proposed funding allocations under the PY 2022 Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), and Home Investment Partnerships Program (HOME); 2. Authorizing the execution of resultant agreements and amendments with community agencies for the above-mentioned funds; 3. Allocating 10% for HOME program administration, up to 5% to support Community Housing Development Organization (CHDO) operations, and the remaining (approximately 85%) of the PY 2022 HOME funds to the Housing Trust Fund; 4. Allocating 20% of the PY 2022 CDBG funds to Planning and Administration, up to 17.83% for public services, and the remaining to be distributed to Housing Services and Public Facility Improvements as outlined in Exhibit A with the Public Facility Improvements being a flexible line item should the HUD allocation, program income, or earlier unused funds, be more or less than estimated; 5. Allocating $377,404 of the PY 2022 CDBG Public Facility Improvements program funding to the Fred Finch Youth Center Turning Point Facility, and an additional 10% for contingencies, for a total of $415,144, as long as the HUD allocation and/or program income and earlier unexpended funds result in at least $100,000 in additional funding for the facility Notice of Funding Availability (NOFA); 6. Allocating the allowable 7.5% of the PY 2022 ESG to Administration, $6,676 to the HMIS system, up to the allowable 60% to emergency shelter/street outreach, and the remaining amount to Rapid Rehousing as outlined in Exhibit A; 7.

Authorizing staff to finalize the PY 2022 Annual Action Plan for submission to the U.S. Department of Housing and Urban Development, including the planned expenditures of HUD funds, required HUD application forms and certifications, and all other HUD-required information; and 8. Authorizing the City Manager to execute and submit all documents necessary to receive the City’s entitlement grants under the CDBG, ESG, and HOME Programs.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

13 Action Calendar – Old Business
Tuesday, April 26, 2022 AGENDA Page 14

36. Resolution Accepting the Surveillance Technology Report for Automatic License Plate Readers, GPS Trackers, Body Worn Cameras, and the Street Level Imagery Project Pursuant to Chapter 2.99 of the Berkeley Municipal Code From: City Manager
Recommendation: (Continued from March 22, 2022. Item contains supplemental materials.)
Adopt a Resolution Accepting the Surveillance Technology Report for Automatic License Plate Readers, GPS Trackers, Body Worn Cameras, and the Street Level Imagery Project Pursuant to Chapter 2.99 of the Berkeley Municipal Code.

Financial Implications: None
Contact: Jennifer Louis, Police, (510) 981-5900, LaTanya Bellow, City Manager's Office, (510) 981-7000
Action Calendar – New Business

37. Hopkins Corridor Project Conceptual Design
From: City Manager
Recommendation: Adopt a Resolution approving the conceptual design for the Hopkins Corridor Project on Hopkins Street between Sutter Street and Gilman Street, and directing the City Manager to direct staff to proceed with the detailed engineering design of the project.

Financial Implications: None
Contact: Liam Garland, Public Works, (510) 981-6300

38a. Development of Crisis Stabilization Program in Berkeley From: Homeless Commission
Recommendation: The Homeless Commission recommends that City Council refer to the City Manager to develop a crisis stabilization program based on the Bend, Oregon crisis stabilization model, tailored to Berkeley.

Financial Implications: See report
Contact: Josh Jacobs, Commission Secretary, (510) 981-5400

14 Action Calendar – New Business
Tuesday, April 26, 2022 AGENDA Page 15
38b. Companion Report: Development of Crisis Stabilization Program in Berkeley From: City Manager
Recommendation: There has been interest expressed by the Homeless Commission and Mental Health Commission in establishing Crisis Stabilization Units (CSU) within the geographical boundaries of Berkeley.

Given the large changes coming to the crisis system in Berkeley, the opportunities to increase the use of the Amber House CSU (which persistently has vacant beds) by Berkeley residents, the significant costs in funding and siting a CSU in Berkeley, the complexities of Medi-Cal billing for a CSU funded by Berkeley, staff do not recommend creating a CSU in Berkeley at this time.

Instead, Berkeley could partner with the Alameda County Behavioral HealthCare (ACBH) Plan and Bay Area Community Services (BACS) on increasing the use of Amber House by Berkeley residents and, over the coming 12-18 months, assess the need for additional options for treatment of individuals experiencing a behavioral health crisis. Data from the coming Peer Respite and Specialized Care Unit (SCU) could support informing a plan for building out that crisis system in Berkeley. It is conceivable that better coordination of referrals to Amber House and a non-licensed crisis support program such as the Peer Respite could meet the need in Berkeley at a significantly reduced cost and with far less difficulty than funding and siting a CSU in Berkeley.

Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000

39a. Expansion of Storm Shelter Program to Emergencies not Otherwise Covered From: Homeless Commission
Recommendation: The Homeless Commission recommends the Council direct the City Manager to expand the Berkeley Emergency Storm Shelter (BESS) to emergencies not otherwise covered including outside the dates of the current contract with Dorothy Day House.

Financial Implications: See report
Contact: Josh Jacobs, Commission Secretary, (510) 981-5400

39b. Companion Report: Expansion of Storm Shelter Program to Emergencies not Otherwise Covered
From: City Manager
Recommendation: The Homeless Commission’s recommendation to expand the Berkeley Emergency Storm Shelter (BESS) to emergencies not otherwise covered including outside the dates of the current contract with Dorothy Day House addresses a key need for our most vulnerable citizens. Therefore, staff recommends:

1. Referring this recommendation to the budget process; and 2. Referring this recommendation to staff for analysis of feasibility.

Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000

15 Tuesday, April 26, 2022 AGENDA Page 16
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.

Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33), via internet accessible video stream at http://www.cityofberkeley.info/CalendarEventWebcastMain.aspx

Archived indexed video streams are available at http://www.cityofberkeley.info/citycouncil.

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

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

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be posted on the City's website at http://www.cityofberkeley.info.

Agendas and agenda reports may be accessed via the Internet at http://www.cityofberkeley.info/citycouncil

COM
MUNICATION ACCESS INFORMATION:

To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at (510) 981-6418 (V) or (510) 981-6347 (TDD) at least three business days before the meeting date.

Captioning services are provided at the meeting, on B-TV, and on the Internet. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 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 Thursday, April 14, 2022.

Mark Numainville, City Clerk
16 Tuesday, April 26, 2022 AGENDA Page 17
Communications – April 26, 2022
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.

Item #28: Budget Referral for Accessibility Renovations for Luna Dance Institute

1. Diana Bohn

Item #29: Budget Referral: Hopkins Corridor Bike, Pedestrian, and Placemaking Improvements

2. Diane Garcia

3. Farid Javandel, Deputy Director of Public Works

Item #33: ZAB Appeal: 1643-1647 California Street, Use Permit #ZP2021-0001

4. Sunny Grewal, studio g+s Architects

Item #36: Resolution Accepting the Surveillance Technology Report for Automatic License Plate Readers, GPS Trackers, Body Worn Cameras, and the Street Level Imagery Project Pursuant to Chapter 2.99 of the Berkeley Municipal Code

5. Michael Chang, Chairperson, Police Accountability Board

Item #38a: Development of Crisis Stabilization Program in Berkeley

6. Mental Health Commission

Road Repair

7. Helga Recke

8. Sheila Jordan

9. Miranda Ewell

10. Margot Smith

11. Sam Saxe-Taller

Climate Change

12. Thomas Lord (3)

13. Jeff W.

Oppose SB 9

14. Stan Goldberg

High Fire Hazard

15. Sally Williams

Berkeley Marina South Sailing Basin Dredging

16. Robert Ofsevit

17 Tuesday, April 26, 2022 AGENDA Page 18
Establishing a Pilot Existing Building Electrification Installation Incentive

17. Jack Kurzwell, on behalf of the Wellstone Club

Housing

18. Avram Gur Arye

California Theatre Landmark

19. Rebecca Kidd

20. Steven Schuyler

Repatriations

21. Bob Flasher

Pandemic Failed Economic Forecasting

22. Barbara Gilbert

Tenant Opportunity to Purchase Act (TOPA)

23. Ariana Thompson-Lastad

24. Sam Sokolsky

25. Keith Ray

26. Eva Shu

27. Katie DaQuino

28. Leah Mealey

29. Sylvia Chapman

30. Hector Malvido

31. Commission on Aging

32. 43 similarly-worded form letters

18 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

RECESS ITEM

CONSENT CALENDAR
April 26, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Abraham Roman, Fire Chief, Fire Department Subject: Contract No. 32000225 Amendment: Rebecca Burnside for Personnel Investigations

RECOMMENDATION
Adopt a Resolution ratifying the action taken by the City Manager during recess to amend Contract No. 32000225 with Rebecca Burnside for Personnel Investigations by increasing the contract amount by $151,000 for a new not to exceed amount of $200,000.

NEGATIVE EFFECT IF ACTION IS DELAYED UNTIL AFTER COUNCIL RECESS The City’s vendor, Rebecca Burnside will not be paid for services rendered. Due to allegations of misconduct of City staff, Personnel Investigations were required in a timely manner.

FISCAL IMPACTS OF RECOMMENDATION
Funding is available in 011-99-900-900-0000-000-412-612990, 011-21-201-000-0000- 000-412-612990, and 147-72-742-834-0000-000-422-612990.

CURRENT SITUATION AND ITS EFFECTS
The City has received Personnel Investigation services from this vendor. The number of Personnel Investigations required has increased and the contract not to exceed (NTE) amount needs to be increased.

BACKGROUND
This vendor has a contract with the City’s Human Resources department to conduct Personnel Investigations as needed. Funds need to be added to the contract in order to pay the vendor for services rendered.

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

Page 1 of 3 ends

19 Contract No. 32000225 Amendment: Rebecca Burnside CONSENT CALENDAR April 26, 2022

Page 2 ends

RATIONALE FOR RECOMMENDATION
Pay for Personnel Investigation services rendered by vendor.

ALTERNATIVE ACTIONS CONSIDERED
No alternative actions are recommended due to the need to pay this vendor for Personnel Investigation services that have been rendered.

CONTACT PERSON
Stacie Clarke, Administrative & Fiscal Services Manager, Fire, 510-981-5507 Attachments:
1: Resolution

Page 2 of 3 ends

20 RESOLUTION NO. 70,091-N.S.

CONTRACT NO. 32000225 AMENDMENT: REBECCA BURNSIDE FOR PERSONNEL

INVESTIGATIONS
WHEREAS, the City is not able to pay for services rendered due to a need for a contract amendment to increase the contract not to exceed (NTE) amount; WHEREAS, this vendor provides Personnel Investigation services; and WHEREAS, funds need to be added to the contract amount in order to pay the vendor for services rendered.

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 amend Contract No. 32000225 with Rebecca Burnside by increasing the contract amount by $151,000 for a new not to exceed amount of $200,000.

Page 3 of 3 ends

21 22

Ordinance No. 7,806 Page 1 of 2
ORDINANCE NO. 7,806-N.S.

AMENDING BERKELEY MUNICIPAL CODE SECTION 6.24.050 USE OF MONEY

DEPOSITED IN PARKING METERS AND PAY-AND-DISPLAY STATIONS BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That Berkeley Municipal Code Section 6.24.050 is amended to read as follows:

Except as permitted under subsection H of this section, all moneys collected from parking meters and pay-and-display stations used on municipal off-street parking lots, other than the Parking Space Rental Tax (BMC Chapter 7.48), shall be placed in a special fund, which fund shall be devoted exclusively to the following purposes:

A. For the purchasing, leasing, installing, repairing, maintaining, operating, removing, regulating and policing of parking meters in the City, and for the payment of any and all expenses relating or incidental thereto;
B. For the purchasing, leasing, acquiring, improving, operating and maintaining of off- street parking facilities in the City;
C. For the installation and maintenance of traffic control devices and signals; D. For the painting and marking of streets and curbs required for the direction of traffic and the parking of motor vehicles;
E. For the proper regulation, control and inspection of parking and traffic upon the public streets;
F. To be pledged as security for the payment of principal of and interest on off-street parking revenue bonds issued by the City;
G. Additional Revenue deemed to be generated by the goBerkeley Pilot Program will be used to fund goBerkeley efforts, pursuant to Section 1012(b) of Intermodal Surface Transportation Efficiency Act of 1991, as amended, as agreed in the 2012 Cooperative Agreement between the City of Berkeley, the California Department of Transportation and the Federal Highway Administration.

H. Surplus money not utilized under subsections A through F of this section may be transferred to the General Fund. The City Manager or their designee may make an annual determination as to what is surplus based on the needs and obligations of the special fund and transfer such surplus to the General Fund.

Section 2. Posting.

Page 1 of 2 ends

23 Ordinance No. 7,806 Page 2 of 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.

At a regular meeting of the Council of the City of Berkeley held on April 12, 2022, this Ordinance was passed to print and ordered published by posting by the following vote:

Ayes: Bartlett, Droste, Hahn, Harrison, Kesarwani, Robinson, Taplin, Wengraf, and Arreguin.

Noes: None.

Absent: None.

Page 2 of 2 ends

24 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
April 26, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Mark Numainville, City Clerk
Subject: Minutes for Approval

RECOMMENDATION
Approve the minutes for the Council meetings of March 8 (closed and regular), March 10 (special), March 15 (special-5 pm and special-6 pm), March 22 (closed, special and regular).

CONTACT PERSON
Mark Numainville, City Clerk, 981-6900
Attachments:

1. March 8, 2022-Special Closed Council Meeting

2. March 8, 2022-Regular Council Meeting

3. March 10, 2022-Special Council Meeting

4. March 15, 2022-Special Council Meeting at 5 pm

5. March 15, 2022-Special Council Meeting at 6 pm

6. March 22, 2022-Special Closed Council Meeting

7. March 22, 2022-Special Council Meeting

8. March 22, 2022-Regular Council Meeting

Page 1 of 55 ends

25 Tuesday, March 8, 2022 MINUTES Page 1

B E R K E L E Y C I T Y C O U N C I L

S P E C I A L M E E T I N G M I N U T E S
TUESDAY, MARCH 8, 2022
4:00 P.M.

JESSE ARREGUIN, MAYOR
Councilmembers:

VIDEOCONFERENCE AND TELECONFERENCE
Pursuant to Government Code Section 54953(e) and the state declared emergency, this meeting of the City Council will be conducted exclusively through teleconference and Zoom videoconference. The COVID- 19 state of emergency continues to directly impact the ability of the members to meet safely in person and presents imminent risks to the health of attendees. Therefore, no physical meeting location will be available.

To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this https://us02web.zoom.us/j/85665732041. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen.

To join by phone: Dial 1-669-900-9128 or 1-877-853-5257 (Toll Free); enter Meeting ID: 856 6573 2041.

If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

To submit a written communication for the City Council’s consideration and inclusion in the public record, email [email protected].

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26 Tuesday, March 8, 2022 MINUTES Page 2
Preliminary Matters
Roll Call: 4:02 pm

Present: Kesarwani, Taplin, Bartlett, Harrison, Hahn, Wengraf, Robinson, Droste, Arreguin

Absent: None
Public Comment - Limited to items on this agenda only – 0 speakers CLOSED SESSION:

The City Council will convene in closed session to meet concerning the following:

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1):
a. Mauck v. City of Berkeley; Alameda County Superior Court Case RG20060952
Action: No reportable action taken.

b. Frieson v City of Berkeley; Alameda County Superior Court Case RG20064683
Action: M/S/C (Arreguin/Wengraf) to authorize the City Attorney to enter into a proposed settlement of $40,000, contingent upon the Court approving the petition by minor to approve the terms of the compromise to be filed by Plaintiff’s counsel.

Vote: All Ayes.

OPEN SESSION:

The Council met in closed session and approved a proposed Settlement in Frieson v. City of Berkeley Alameda County Superior Court Case No. RG20064683 for 40,000, contingent upon the Court approving the petition by minor to approve the terms of the compromise to be filed by Plaintiff’s counsel.

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

Vote: All Ayes.

Adjourned at 4:21 p.m.

I hereby certify that the foregoing is a true and correct record of the closed session meeting held on March 8, 2022.
__________________
Michael MacDonald
Assistant City Clerk

Page 3 of 55 ends

27 Tuesday, March 8, 2022 MINUTES Page 1

MINUTES

BERKELEY CITY COUNCIL MEETING
Tuesday, March 8, 2022
6:00 PM

JESSE ARREGUIN, MAYOR
Councilmembers:

VIDEOCONFERENCE AND TELECONFERENCE
Pursuant to Government Code Section 54953(e) and the state declared emergency, this meeting of the City Council will be conducted exclusively through teleconference and Zoom videoconference. The COVID-19 state of emergency continues to directly impact the ability of the members to meet safely in person and presents imminent risks to the health of attendees. Therefore, no physical meeting location will be available.

Live audio is available on KPFB Radio 89.3. Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33) and via internet accessible video stream at http://www.cityofberkeley.info/CalendarEventWebcastMain.aspx.

To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL https://us02web.zoom.us/j/82967064417. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen.

To join by phone: Dial 1-669-900-9128 or 1-877-853-5257 (Toll Free) and enter Meeting ID: 829 6706 4417. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

To submit a written communication for the City Council’s consideration and inclusion in the public record, email [email protected].

Page 4 of 55 ends

28 Tuesday, March 8, 2022 MINUTES Page 2
Preliminary Matters
Roll Call: 6:03 p.m.

Present: Taplin, Harrison, Hahn, Wengraf, Robinson, Droste, Arreguin

Absent: Kesarwani, Bartlett
Councilmember Kesarwani present at 6:05 p.m.

Councilmember Bartlett present at 6:07 p.m.

Report from Closed Session:

The Council met in closed session and approved a proposed Settlement in Frieson v.

City of Berkeley Alameda County Superior Court Case No. RG20064683 for 40,000, contingent upon the Court approving the petition by minor to approve the terms of the compromise to be filed by Plaintiff’s counsel.

Ceremonial Matters:

1. Recognition of the Close Partnership and Relationship between the Government and People of Ireland and the Government and People of Berkeley and California

2. Recognition of Osha Neumann, Local Attorney and Activist City Manager Comments: None
Public Comment on Non-Agenda Matters: 4 speakers.

Consent Calendar
Action: M/S/C (Arreguin/Wengraf) to make the required findings under the Government Code and accept an urgency item from the City Manager pursuant to Government Code Section 54954.2(b)(2) entitled Encampment Resolution Funding Grant Award.

Vote: All Ayes.

Public Comment on Consent Calendar and Information Items Only: 11 speakers.

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

Vote: All Ayes.

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29 Consent Calendar
Tuesday, March 8, 2022 MINUTES Page 3
Encampment Resolution Funding Grant Award
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to receive a $4,708,015 Encampment Resolution Funding grant award from the State of California, and to enter into contract with the State of California for this funding.

Financial Implications: See report
Contact: Peter Radu, Assistant to the City Manager, 510 981-7045 Action: Adopted Resolution No. 70,243–N.S.

1. Amending Berkeley Municipal Code Chapter 4.38, Supplementary Retirement and Income Plan II, to Permit Participation of Berkeley Fire Fighters Association Local 1227 I.A.F.F.

From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,800-N.S. to amend the Berkeley Municipal Code Chapter (BMC) 4.38, Supplementary Retirement and Income Plan II (SRIP II), to permit participation of Berkeley Fire Fighters Associations Local 1227 I.A.F.F (BFFA).

First Reading Vote: Ayes – Kesarwani, Taplin, Harrison, Hahn, Wengraf, Robinson, Droste, Arreguin; Noes – None; Abstain – None; Absent – Bartlett.

Financial Implications: See report.

Contact: Donald E. Ellison, Human Resources, (510) 981-6800 Action: Adopted second reading of Ordinance No. 7,800–N.S.

2. Resolution Adopting the Resolution of Intention of Amendment to the Miscellaneous CalPERS Contract Pursuant to California Government Code 20516; Adopt First Ordinance Reading authorizing an amendment to the contract between the City Council of the City of Berkeley and the Board of Administration of the California Public Employees’ Retirement System From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,801-N.S. amending the City’s contract with CalPERS to effectuate changes to the cost sharing agreement between the City and PEPRA members of Service Employee International Union, Local 1021 Maintenance and Clerical (SEIU MC), Public Employees Union Local 1 (Local 1), Community Services & Part-Time Recreation Leaders Associations Local 1021 (SEIU CSU/PTRLA), and the Unrepresented Employees Group.

First Reading Vote: Ayes – Kesarwani, Taplin, Harrison, Hahn, Wengraf, Robinson, Droste, Arreguin; Noes – None; Abstain – None; Absent – Bartlett.

Financial Implications: See report.

Contact: Donald E. Ellison, Human Resources, (510) 981-6800 Action: Item rescheduled to the City Council Special Meeting on March 15, 2022.

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30 Consent Calendar
Tuesday, March 8, 2022 MINUTES Page 4

3. Resolution Making Required Findings Pursuant to the Government Code and Directing City Legislative Bodies to Continue to Meet Via Videoconference and Teleconference
From: City Manager
Recommendation: Adopt a resolution making the required findings pursuant to Government Code Section 54953(e)(3) and determining that as a result of the continued threat to public health and safety posed by the spread of COVID-19, City legislative bodies shall continue to meet via videoconference and teleconference, initially ratified by the City Council on September 28, 2021, and subsequently reviewed and ratified on October 26, 2021, November 16, 2021, December 14, 2021, January 10, 2022, and February 8, 2022.

Financial Implications: To be determined.

Contact: Farimah Brown, City Attorney, (510) 981-6950
Action: Adopted Resolution No. 70,244–N.S.

4. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on March 8, 2022
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: $7,470,316
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Approved recommendation.

5. Housing Consultant Contract Amendment (Contract # 32100126) – Anjanette Scott LLC
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the City’s contract with Anjanette Scott LLC to add up to $50,000 for consulting services in a total amount not to exceed $100,000, with a contract end date of June 30, 2023.

Financial Implications: See report.

Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,245–N.S.

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31 Consent Calendar
Tuesday, March 8, 2022 MINUTES Page 5

6. Contract No. 32100082 Amendment: Resource Development Associates to Facilitate Grant Writing for the Specialized Care Unit
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to amend a contract with Resource Development Associates (RDA) to add grant writing services for the Specialized Care Unit (SCU) and mental health system for a total contract limit of $245,000 for the period beginning January 1, 2021 and ending June 30, 2023. This amendment will add $60,000 in funding and one year to the contract term.

Financial Implications: See report.

Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,246–N.S.

7. Contract No. 319001221-1 Amendment: Rolling Orange, Inc. for Additional Website Redesign Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 319001221-1 with Rolling Orange, Inc. for the additional website redesign services, for an amount not-to-exceed $10,000 and a total contract value not-to-exceed $569,300 from March 1, 2019 to June 30, 2024.

Financial Implications: See report.

Contact: Michael Sinor, Information Technology, (510) 981-6500 Action: Adopted Resolution No. 70,247–N.S.

8. Measure T1 Contract: Western Water Features Inc. for the King Pool Plaster and Tile Replacement and West Campus Pool Plaster, Tile, and Filter Replacement
From: City Manager
Recommendation: Adopt a Resolution: 1. Approving the plans and specifications for the King Pool Plaster and Tile Replacement and West Campus Pool Plaster and Tile Replacement and Filter Replacement Project, Specification No. 22-11489-C; 2.

Accepting the bid of the lowest responsive and responsible bidder, Western Water Features, Inc.; and 3. Authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications, with Western Water Features, Inc. for the King Pool Plaster and Tile Replacement and West Campus Pool Plaster and Tile Replacement and Filter Replacement Project in an amount not to exceed $1,010,000, which includes a contract amount of $989,449 and a 10% contingency in the amount of $20,551.

Financial Implications: $1,010,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 70,248–N.S.

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32 Consent Calendar
Tuesday, March 8, 2022 MINUTES Page 6

9. Amendment to Contract No. 32000219 with Lind Marine - Removal of Derelict and Abandoned Vessels at the Berkeley Marina
From: City Manager
Recommendation: Adopt a resolution authorizing the City Manager to amend Contract No. 32000219 with Lind Marine to remove derelict and abandoned vessels at the Berkeley Marina by increasing the contract amount by $42,000; and authorizing additional contingency of $4,200 for a contract total not-to-exceed amount of $188,400; and contingency of $47,000; and extend the contract to September 30, 2023.

Financial Implications: $188,400.

Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 70,249–N.S.

10. Lease Agreement with NFS Unlimited, LLC for Skates-on-the-Bay From: City Manager
Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute the attached ground lease with NFS Unlimited, LLC, the owner/lessee of Skates-on-the-Bay at the Berkeley Waterfront for a 10-year term with 2 additional options to extend for 5 years each, effective from May 1, 2022.

Financial Implications: See report.

Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopt first reading of Ordinance No.7,802–N.S. Second reading scheduled for March 22, 2022.

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33 Consent Calendar
Tuesday, March 8, 2022 MINUTES Page 7

11. Updates to the Measure T1 Phase 1 Project List
From: City Manager
Recommendation: Adopt a resolution authorizing the following updates to the T1 Phase 1 list of approved projects:

1. Add the following project - Streets: West Street (adjacent to Strawberry Creek Park) from Addison to End.

2. Change the phase of the following project - Parks: Aquatic Park Tide Tubes Cleanout, (add “Construction”).

3. Remove the following:

A. Projects added in October 2020: i.Streets: a. Arcade Avenue from Fairlawn Drive to Grizzly Peak Boulevard; b. Cedar Street from 6th Street to San Pablo Avenue; c.

Center Street from Martin Luther King Jr. Way to Shattuck Ave; d. Dohr Street from Ashby Avenue to Prince Street; e. Rose Street from Le Roy Avenue to La Loma Avenue; f. Santa Fe Avenue from Gilman Street to Cornell Avenue/Page St; g.

Shasta Road from Grizzly Peak Boulevard to east City limit; and h. West Street from Bancroft Way to Dwight Way.
ii.Parks: James Kenney Park Play and Picnic Area
B. Projects added in July 2019: i. Green Infrastructure: a. Heinz Avenue near RR tracks; b. Jones Street between Fourth St and RR tracks; c. Ninth Street at Codornices Creek; d. Evaluation of Sacramento Street center median; and e.Tenth Street at Codornices Creek.

C.Projects from the original approved list: i. Streets: Bancroft from Shattuck to Milvia Financial Implications: See report.

Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 70,250–N.S.

12. Donation: Memorial Bench at the Berkeley Marina in front of M-Dock in memory of Roger Garfinkle
From: City Manager
Recommendation: Adopt a Resolution accepting a cash donation in the amount of $3,400 for a memorial bench to be placed at the Berkeley Marina in front of M-Dock in memory of Roger Garfinkle, DragonMax Founder and Coach.

Financial Implications: $3,400 in revenue.

Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 70,251–N.S.

13. Ratification of Police Accountability Board’s Standing Rules From: Police Accountability Board
Recommendation: Ratify Standing Rules of the Police Accountability Board, revised in consideration of Mayor Arreguin’s proposed amendments.

Financial Implications: None
Contact: Katherine Lee, Interim Director of Police Accountability, (510) 981-4950 Action: Approved recommendation.

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34 Council Consent Items
Tuesday, March 8, 2022 MINUTES Page 8

14. Support of SB 922
From: Mayor Arreguin (Author), Councilmember Taplin (Co-Sponsor), Councilmember Bartlett (Co-Sponsor), Councilmember Robinson (Co-Sponsor) Recommendation: Adopt a Resolution in support of SB 922 (Wiener), which would permanently exempt transportation-related projects from CEQA. Send a copy of the Resolution to Governor Gavin Newsom, State Senators Scott Wiener and Nancy Skinner, and Assemblymember Buffy Wicks.

Financial Implications: None
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Adopted Resolution No. 70,252–N.S. revised to include consideration of Native American cultural sites.

15. Opposition to the California Two-Thirds Legislative Vote and Voter Approval for Fee and Charge Increases Initiative
From: Mayor Arreguin (Author), Councilmember Harrison (Co-Sponsor) Recommendation: Adopt a Resolution to oppose Initiative 21-0042A1, the California Two-Thirds Legislative Vote and Voter Approval for Fee and Charge Increases Initiative. Send a copy of the Resolution to the League of California Cities.

Financial Implications: See report.

Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Adopted Resolution No. 70,253–N.S.

16. Referral to Implement State Law AB 43 for Reduced Speed Limits on High-Injury Commercial Corridors
From: Councilmember Kesarwani (Author), Councilmember Taplin (Author), Councilmember Robinson (Co-Sponsor), Councilmember Wengraf (Co- Sponsor)
Recommendation: Refer to the City Manager to implement state law AB 43 on:
- High-injury commercial corridors as identified in our Vision Zero Annual Report, 2020-2021 in order to allow a reduction in speed limits by 5 miles per hour; - Any other corridors covered by AB 43, as appropriate, in order to implement reduced prima facie speed limits and identify those corridors for future traffic studies where prima facie limits are presently unsafe.

Upon completion of this referral, we note that a budget allocation would be needed in the amount of $25,000 to $50,000 for new speed limit signage. Funding will be requested later (likely for the FY 2023-24 budget) in order to allow time for staff to determine the applicable streets for additional signage.

Financial Implications: See report
Contact: Rashi Kesarwani, Councilmember, District 1, (510) 981-7110 Action: Approved recommendation.

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35 Council Consent Items
Tuesday, March 8, 2022 MINUTES Page 9

17. Adopt a Resolution Supporting Relinquishment of Council Office Budget Funds to the General Fund and Grant of Such Funds for the Berkeley Commission on the Status of Women’s Annual Dues to the Association of California Commissions for Women
From: Councilmember Harrison (Author), Mayor Arreguin (Co-Sponsor), Councilmember Taplin (Co-Sponsor), Councilmember Wengraf (Co-Sponsor) Recommendation: Adopt a Resolution approving the expenditure of $100 each from Vice Mayor Harrison, Mayor Arreguín, and Councilmember Taplin’s office budgets to the Association of California Commissions for Women to cover the prorated 2021- 2022 annual membership dues and full dues for 2022-2023 for the Berkeley Commission on the Status of Women, with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of the aforementioned Mayor and Council office budgets, and providing for prospective “pre-approval” of such dues on an ongoing basis.

Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140 Action: Adopted Resolution No. 70,254–N.S. revised to include contributions from the following Councilmembers up to the amounts listed: Councilmember Hahn - $200; Councilmember Robinson - $100; Councilmember Bartlett - $250; further revised in Supplemental Packet #1 by Councilmember Harrison as noted below.

Revised Recommendation:

1. Adopt a Resolution approving the expenditure of $ 25 each from Vice Mayor Harrison, Mayor Arreguín, and Councilmembers Taplin and Wengraf's office budgets to the Association of California Commissions for Women to cover the prorated 2021-2022 annual membership dues for the Berkeley Commission on the Status of Women, with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of the aforementioned Mayor and Council office budgets.

2. Submit to the June budget process $400 from the General Fund to cover the upcoming full dues payments for 2022-2023 and 2023-2024.

Revised Resolution Text:

WHEREAS, Vice Mayor Kate Harrison, Mayor Arreguín and Councilmembers Taplin and Wengraf have funds in their office expenditure accounts; and
WHEREAS, a non-profit tax-exempt entity, the Association of California Commissions for Women, requires funds in the amount of $100 to provide Berkeley’s Commission of the Status of Women with the prorated annual membership dues amount for 2021-2022; and WHEREAS, the provision of such funds for dues payments would enhance and further facilitate the Commission’s ongoing municipal public purpose, including providing Berkeley Commissioners with opportunities to collaborate with other commissions on strategic planning, networking to achieve local commission goals and pursue initiatives, training, leadership, event planning/conventions, and generally raising awareness of women’s issues; and
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the $25 each relinquished by Vice Mayor Harrison, Mayor Arreguín and Councilmembers Taplin and Wengraf from their Council Office Budget shall be granted to the Association of California Commissions for Women on behalf of Berkeley Commission on the Status of Women to cover dues payments that further the Commission’s municipal public purpose.

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36 Council Consent Items
Tuesday, March 8, 2022 MINUTES Page 10

18. Adopt Resolutions Referring to the City Manager to Establish a Policy of Reducing or Waiving Park Fees for Free, Permitted Outdoor Theater, Arts Events, and Other Events Based on Objective Public Welfare Criteria and Relinquishing Council Funds to Support the San Francisco Mime Troupe’s Payment of Park Fees for Its 2022 Free Outdoor Performance Season From: Councilmember Harrison (Author)
Recommendation: Adopt Two Resolutions:

1. Establishing a policy and referring to the City Manager to create a process to reduce or waive City Park Fees for free and permitted outdoor theater, arts events, and other events as appropriate based on objective consideration of their benefits to the public welfare, including but not limited to educational content, non-profit status, and means.

2. Approving the expenditure of an amount not to exceed $500 per Councilmember including $500 from Vice Mayor Harrison, to the San Francisco Mime Troupe, the non-profit fiscal sponsor of 2022 Berkeley Park performances, with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Vice Mayor Harrison and any other Councilmembers who would like to contribute.

Financial Implications: See report.

Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140 Action: Adopted Resolution No. 70,255–N.S. referring the creation of a policy to the City Manager; and Adopted Resolution No. 70,256–N.S. revised to include contributions from the following Councilmembers up to the amounts listed: Mayor Arreguin - $500; Councilmember Harrison - $500; Councilmember Hahn - $200; Councilmember Robinson - $100; Councilmember Bartlett - $100.

19. Budget Referral: Grant Writing Services
From: Councilmember Hahn (Author), Councilmember Bartlett (Author), Councilmember Harrison (Co-Sponsor)
Recommendation: Refer $300,000 to the FY 2022-2023 budget process to expand the City’s capacity to seek and obtain grants and launch funded projects by hiring or contracting for writing and RFP/grant/program administration support.

Financial Implications: See report.

Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150 Action: Approved recommendation.

20. Support for AB 1713: Idaho Stop
From: Councilmember Robinson (Author)
Recommendation: Send a letter to Assemblymember Tasha Boerner Horvath, Senator Nancy Skinner, and Assemblymember Buffy Wicks in support of Assembly Bill 1713, which would allow adult bicyclists to proceed through stop signs after yielding the right-of-way to immediate hazards.

Financial Implications: None
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170 Action: Approved recommendation.

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37 Action Calendar – Old Business
Tuesday, March 8, 2022 MINUTES Page 11

21. Update on the Implementation of Fair and Impartial Policing Task Force Recommendations (Continued from February 22, 2022)
From: City Manager
Contact: Jennifer Louis, Police, (510) 981-5900
Action: 11 speakers. Discussion held.

Recess 8:56 p.m. – 9:07 p.m.

22. 2021 Year End Crime and Collision Data (Continued from February 22, 2022) From: City Manager
Contact: Jennifer Louis, Police, (510) 981-5900
Action: 9 speakers. Received and filed.

23. Request to Adopt a Resolution Approving Exception to the 180-Day Waiting Period to Hire a CalPERS Retired Annuitant in Accordance with Government Code Sections 7522.56 And 21224
From: City Manager
Recommendation: Staff respectfully recommends that the City Council adopt a resolution approving an exception to the 180-day waiting period for hiring a retired annuitant as an extra-help employee in the Department of Health, Housing & Community Services, due to their specialized skills that are necessary to perform work of a limited duration, and to prevent stoppage of public business during the Covid emergency.

Financial Implications: See report.

Contact: Don Ellison, Human Resources, (510) 981-6807
Action: 0 speakers. M/S/C (Arreguin/Robinson) to adopt Resolution No. 70,257– N.S. as revised in Supplemental Communications Packet #1 by the City Manager to change “creative” to “created” in the resolved clause.

Vote: All Ayes.

Public Comment – Items Not Listed on the Agenda - 3 speakers Adjournment
Action: M/S/C (Arreguin/Robinson) to adjourn the meeting.

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

Councilmember Droste absent 10:26 p.m. – 10:32 p.m.

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38 Tuesday, March 8, 2022 MINUTES Page 12
Adjourned at 10:32 p.m.

I hereby certify that the foregoing is a true and correct record of the regular session meeting held on March 8, 2022.
________________________
Mark Numainville
City Clerk
Communications
Item #18: Adopt Resolutions Referring to the City Manager to Establish a Policy of Reducing or Waiving Park Fees for Free, Permitted Outdoor Theater, Arts Events, and Other Events Based on Objective Public Welfare Criteria and Relinquishing Council Funds to Support the San Francisco Mime Troupe’s Payment of Park Fees for Its 2022 Free Outdoor Performance Season

1. Rachel Davis

2. Thuan Tran

3. Mary Engle

4. Mary Rose
Energy Commission Transportation Priorities for the Fiscal Year 2023-2024 Budget

5. Berkeley Energy Commission
Proposed Policy 351, Public Safety Fixed Video Surveillance Cameras

6. Michael Chang, Chairperson, Police Accountability Board Union Contract Wage Theft by City Management

7. Mike Uberti

8. Nathan Dahl

9. Glenn Ingersoll

10.Barbara Gilbert (2)

11.Julia P
Parking Garage at 2215 4th Street

12.Anne Burns

13.Mary Scott
Verizon Wireless Tower

14.Anna Pisarello
Implications of Lost Property Tax Revenue

15.Alex Sharenko (2)

Page 15 of 55 ends

39 Tuesday, March 8, 2022 MINUTES Page 13
Tenant Opportunity to Purchase Act (TOPA)

16.Eric Friedman

17.Akshit Dewan

18.Mirelle Linquist
Parking Tickets

19.Michelle Milam
Climate Change

20.Christopher La Combe

21.Thomas Lord (2)
Plastic Bag Ordinance

22.Sofia Avila
Eden I&R February

23.Eden I&R
Removal of Vines in the Berkeley Hills

24.Senior Advocates & Associates
Grizzly Peak Blvd.

25.Bruce Brody
Redistricting

26.Sheila Goldmacher
BART Redistricting

27.BART
Shellmound

28.Laura Callen

29.AJ Pluss

30.Gail Susan Gordon

31.Bettemie Prins

32.Jane Perry

33.Sheri Prud’homme
Housing

34.Avran Gur Arye (14)

35.Photoano@

36.Ashvin Nair
COVID/Masks/Pandemic

37.Thomas Lord (2)

38.Vicki Sommer (2)

39.David Lerman

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40 Tuesday, March 8, 2022 MINUTES Page 14

40.Jane Fink
Reimagining Public Safety

41.Amol Rao

42.Diana Bohn
Solar and Wind Powering Berkeley Homes in March

43.Kathleen Giustino
Brown Act Viewpoint

44.Thomas Lord
Supplemental Communications and Reports 1
Item #17: Adopt a Resolution Supporting Relinquishment of Council Office Budget Funds to the General Fund and Grant of Such Funds for the Berkeley Commission on the Status of Women’s Annual Dues to the Association of California Commissions for Women

45.Revised material, submitted by Councilmember Harrison Item #18: Adopt Resolutions Referring to the City Manager to Establish a Policy of Reducing or Waiving Park Fees for Free, Permitted Outdoor Theater, Arts Events, and Other Events Based on Objective Public Welfare Criteria and Relinquishing Council Funds to Support the San Francisco Mime Troupe’s Payment of Park Fees for Its 2022 Free Outdoor Performance Season

46.Phoebe Sorgen

47.Hali Hammer

48.Stephen Most

49.Claire Schoen

50.Carol Hirth

51.Janice Schroder

52.Michael Fullerton
Item #23: Request to Adopt a Resolution Approving Exception to the 180-Day Waiting Period to Hire a CalPERS Retired Annuitant in Accordance with Government Code Sections 7522.56 And 21224

53.Revised material, submitted by Health, Housing, and Community Services Supplemental Communications and Reports 2
Item #18: Adopt Resolutions Referring to the City Manager to Establish a Policy of Reducing or Waiving Park Fees for Free, Permitted Outdoor Theater, Arts Events, and Other Events Based on Objective Public Welfare Criteria and Relinquishing Council Funds to Support the San Francisco Mime Troupe’s Payment of Park Fees for Its 2022 Free Outdoor Performance Season

54.Thomas Luce

55.Rebecca Herman

56.Geraldine Clifford

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41 Tuesday, March 8, 2022 MINUTES Page 15

57.Holly Scheider

58.Davis Baltz

59.Terry Fletcher

60.Vivian Pisano

61.Naneen Karraker

62.David Holzman

63.T.M. Scruggs

64.Maya Carson

65.Kaylah Sterling

66.Jessie Ortiz

67.Mary Rose

68.Erika Shore

69.Ellen Brotsky

70.Linda Schmidt

71.Edward Opton

72.Sallie Hanna-Rhyne
Supplemental Communications and Reports 3
Item #14: Support of SB 922

73.Eugene Turitz

74.Chimey Lee (3)
Item #16: Referral to Implement State Law AB 43 for Reduced Speed Limits on High-Injury Commercial Corridors

75.Greg Martin

76.Susan Springborg

77.Chris Horgan & Elena Prakoura

78.Ben Gerhardstein, on behalf of Walk Bike Berkeley
Item #18: Adopt Resolutions Referring to the City Manager to Establish a Policy of Reducing or Waiving Park Fees for Free, Permitted Outdoor Theater, Arts Events, and Other Events Based on Objective Public Welfare Criteria and Relinquishing Council Funds to Support the San Francisco Mime Troupe’s Payment of Park Fees for Its 2022 Free Outdoor Performance Season

79.Revised material, submitted by Councilmember Harrison

80.Sara Sunstein

81.Vicki Sommer

82.Tobey Wiebe

83.Joan Berezin

84.Mary Vradelis
Item #22: 2021 Year End Crime and Collision Data

85.Liza Lutzker, on behalf of Walk Bike Berkeley

86.Jonathan Walden

87.Chimey Lee

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42 Tuesday, March 8, 2022 MINUTES Page 16
Urgent Item
Item: Encampment Resolution Funding Grant Award

88.Urgent item, submitted by the City Manager’s Office

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43 Thursday, March 10, 2022 MINUTES Page 1

M I N U T E S

S P E C I A L M E E T I N G O F T H E

B E R K E L E Y C I T Y C O U N C I L
Thursday, March 10, 2022
6:00 PM

JESSE ARREGUIN, MAYOR
Councilmembers:

VIDEOCONFERENCE AND TELECONFERENCE
Pursuant to Government Code Section 54953(e) and the state declared emergency, this meeting of the City Council will be conducted exclusively through teleconference and Zoom videoconference. The COVID-19 state of emergency continues to directly impact the ability of the members to meet safely in person and presents imminent risks to the health of attendees. Therefore, no physical meeting location will be available.

To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL https://us02web.zoom.us/j/81553706914 If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen.

To join by phone: Dial 1-669-900-9128 or 1-877-853-5257 (Toll Free) and enter Meeting ID: 815 5370 6914. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

To submit a written communication for the City Council’s consideration and inclusion in the public record, email [email protected].

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44 Thursday, March 10, 2022 MINUTES Page 2
Preliminary Matters
Roll Call: 6:03 p.m.

Present: Taplin, Harrison, Wengraf, Robinson, Droste, Arreguin

Absent: Kesarwani, Bartlett, Hahn
Councilmember Kesarwani present at 6:05 p.m.

Councilmember Bartlett present at 6:12 p.m.

Action Calendar – New Business

1. Consideration of the Reimagining Public Safety Task Force’s Response to the National Institute for Criminal Justice Reform Recommendations From: Reimagining Public Safety Task Force
Recommendation: Discuss the Recommendations of the Reimagining Public Safety Task Force in response to the National Institute of Criminal Justice Reform (NICJR).

Accept the report and refer to the City Manager.

Financial Implications: See report
Contact: LaTanya Bellow & Shamika Cole, Commission Secretaries, (510) 981-7000 Action: See action on Item #2.

2. Presentation and Discussion of Reports Submitted by Reimaging Public Safety Task Force and National Institute for Criminal Justice Reform From: City Manager
Recommendation: Accept the reports and refer to the City Manager with the goal of a staff report and recommendations on a path forward to transforming public safety and policing in Berkeley.

Financial Implications: See report
Contact: Dee Williams-Ridley, City Manager, (510) 981-7000 Recess 8:12 p.m. – 8:27 p.m.

Action: Items 1 & 2 were presented together. 23 speakers. Presentations made and discussion held. Council referred the reports, presentations, supplemental materials in Supplemental Communications Packet #2 submitted by Mayor Arreguin, Vice-Mayor Harrison and Councilmembers Bartlett and Hahn, revised material in Supplemental Communications Packet #2 submitted by the Reimagining Public Safety Task Force, and revised material in Supplemental Communications Packet #2 submitted by the National Institute for Criminal Justice Reform to the City Manager for analysis and recommendations on a path forward to transforming public safety and policing in Berkeley.

Councilmember Wengraf absent at 10:05 p.m.

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45 Thursday, March 10, 2022 MINUTES Page 3
Adjournment
Action: M/S/C (Arreguin/Harrison) to adjourn the meeting.

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

Adjourned at 10:25 p.m.

I hereby certify that the foregoing is a true and correct record of the special session meeting held on March 10, 2022.
________________________
Mark Numainville
City Clerk
Communications
 None
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
Item #1: Consideration of the Reimagining Public Safety Task Force’s Response to the National Institute for Criminal Justice Reform Recommendations

1. Revised material, submitted by the Reimagining Public Safety Task Force

2. Berkeley Neighborhoods Council

3. Barbara Gilbert

4. Diana Bohn

5. Wendy Alfsen
Item #2: Presentation and Discussion of Report Submitted by Reimaging Public Safety Task Force and National Institute for Criminal Justice Reform

6. Revised material, submitted by the National Institute for Criminal Justice Reform
Item #1 & Item #2 (Same as above)

7. Supplemental material, submitted by Mayor Arreguin, Vice-Mayor Harrison and Councilmembers Bartlett and Hahn
Supplemental Communications and Reports 3
Item #1: Consideration of the Reimagining Public Safety Task Force’s Response to the National Institute for Criminal Justice Reform Recommendations

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46 Thursday, March 10, 2022 MINUTES Page 4

8. Carole Marasovic

9. Warren Sharp

10.John Caner, on behalf of the Downtown Berkeley Association

11.Charles Clarke

12.Eric Wiesner

13.Blair Beekmand (2)

14.Chimey Lee
Item #2: Presentation and Discussion of Report Submitted by Reimaging Public Safety Task Force and National Institute for Criminal Justice Reform

15.Presentation - Overview, submitted by the City Manager’s Office

16.Presentation – New and Emerging Models, submitted by the City Manager’s Office

17.Presentation – Alternative Responses, submitted by the City Manager’s Office

18.Presentation – Community Engagement, submitted by the City Manager’s Office

19.Presentation – Reimagining Public Safety Task Force’s (RPSTF) votes on National Institute for Criminal Justice Reform (NICJR) recommendations, submitted by the City Manager’s Office

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47 Tuesday, March 15, 2022 ANNOTATED AGENDA Page 1

M I N U T E S

S P E C I A L M E E T I N G O F T H E

B E R K E L E Y C I T Y C O U N C I L
Tuesday, March 15, 2022
5:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702

JESSE ARREGUIN, MAYOR
Councilmembers:

AND VIRTUAL PARTICIPATION
This meeting of the City Council will be conducted in a “hybrid” model with both in-person attendance and virtual participation. This meeting is a test of the technology needs and meeting management processes for hybrid meetings. All other meetings will continue to be conducted exclusively through teleconference and Zoom videoconference pursuant to Government Code Section 54953(e) and the state declared emergency.

Proof of up-to-date COVID-19 vaccination or verified negative COVID-19 test is required for in-person attendance.

In-person attendees are required to wear a mask that covers their nose and mouth for the duration of the meeting.

If you are feeling sick, please do not attend in-person.

To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL https://us02web.zoom.us/j/87248793756. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen.

To join by phone: Dial 1-669-900-9128 or 1-877-853-5257 (Toll Free) and enter Meeting ID: 872 4879 3756. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

To submit a written communication for the City Council’s consideration and inclusion in the public record, email [email protected].

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953. Any member of the public may attend this meeting. The City Council may take action related to any subject listed on the Agenda. Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.

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48 Tuesday, March 15, 2022 ANNOTATED AGENDA Page 2
Preliminary Matters
Roll Call: 5:06 p.m.

Present: Bartlett, Wengraf, Robinson, Droste, Arreguin

Absent: Kesarwani, Taplin, Harrison, Hahn
Action Calendar – Continued Business

1. Resolution Adopting the Resolution of Intention of Amendment to the Miscellaneous CalPERS Contract Pursuant to California Government Code 20516; Adopt First Ordinance Reading authorizing an amendment to the contract between the City Council of the City of Berkeley and the Board of Administration of the California Public Employees’ Retirement System (Continued from March 8, 2022)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,801-N.S. authorizing an amendment to the contract between the City Council of the City of Berkeley and the Board of Administration of the California Public Employees’ Retirement System Adopt second reading of Ordinance No. 7,801-N.S. amending the City’s contract with CalPERS to effectuate changes to the cost sharing agreement between the City and PEPRA members of Service Employee International Union, Local 1021 Maintenance and Clerical (SEIU MC), Public Employees Union Local 1 (Local 1), Community Services & Part-Time Recreation Leaders Associations Local 1021 (SEIU CSU/PTRLA), and the Unrepresented Employees Group.

First Reading Vote: Ayes – Kesarwani, Taplin, Harrison, Hahn, Wengraf, Robinson, Arreguin; Noes – None; Abstain – None; Absent – Bartlett, Droste.

Financial Implications: See report.

Contact: Donald E. Ellison, Human Resources, (510) 981-6800 Action: 0 speakers. M/S/C (Wengraf/Robinson) to adopt second reading of Ordinance No. 7,801–N.S.

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

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

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

Adjourned at 5:09 p.m.

I hereby certify that the foregoing is a true and correct record of the special session meeting held on March 15, 2022.
________________________
Mark Numainville
City Clerk

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49 Tuesday, March 15, 2022 ANNOTATED AGENDA Page 3
Communications
 None
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
 None
Supplemental Communications and Reports 3
 None

Page 26 of 55 ends

50 Tuesday, March 15, 2022 MINUTES Page 1

M I N U T E S

S P E C I A L M E E T I N G O F T H E

B E R K E L E Y C I T Y C O U N C I L
Tuesday, March 15, 2022
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702

JESSE ARREGUIN, MAYOR
Councilmembers:

Proof of up-to-date COVID-19 vaccination or verified negative COVID-19 test is required for in-person attendance.

In-person attendees are required to wear a mask that covers their nose and mouth for the duration of the meeting.

If you are feeling sick, please do not attend in-person.

To submit a written communication for the City Council’s consideration and inclusion in the public record, email [email protected].

Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.

Page 27 of 55 ends

51 Tuesday, March 15, 2022 MINUTES Page 2
Preliminary Matters
Roll Call: 6:05 p.m.

Present: Kesarwani, Bartlett, Wengraf, Robinson, Droste, Arreguin

Absent: Taplin, Harrison, Hahn
Councilmember Taplin present at 6:27 p.m.

Worksession

1. Housing Element Update and Residential Objective Standards From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: 29 speakers. Presentation made and discussion held.

Recess 8:04 p.m. – 8:17 p.m.

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

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

Adjourned at 10:01 p.m.

I hereby certify that the foregoing is a true and correct record of the special session meeting held on March 10, 2022.
________________________
Mark Numainville
City Clerk
Communications
 None
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
Item #1: Housing Element Update and Residential Objective Standards

1. Sabina McMurtry

2. Carol Hirth

3. Michelle Pasternack

4. Ewald Detjens

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52 Tuesday, March 15, 2022 MINUTES Page 3

5. Michael Scott

6. Vicki Sommer

7. Diana Bohn

8. Bernard Marszalek

9. Robin Hollenberg

10.Kerna Trottier

11.Kori Kody

12.Paul Casperson

13.Matthew Lewis

14.Leah and John Rosenthal

15.George and Dolly Gurrola

16.Shirley Traynor

17.Morris Friedell

18.Robert Davis

19.Tom McMillan

20.Janis Dairiki

21.Larry Kuo

22.Shauna Haines

23.Summer Brenner

24.Mark Wieder

25.Charlene Harrington

26.Terry Paris

27.Laura Spiekerman

28.Alan Ramo

29.Kirsten Rose

30.Tom Graly

31.Lynn Cooper

32.Fred Krieger

33.Alex Benn

34.Lisa Bruce

35.Leslie Valas

36.Eric Johnson

37.Ross Bernet

38.John Robin

39.Jeffery Kaplan

40.Ben Paulos

41.Teresa Clarke

42.Charlene Woodcock

43.George Killingsworth

44.Jeffrey Carter

45.Sheila Goldmacher

46.Rob Wrenn

47.Kathy Labriola
Supplemental Communications and Reports 3
Item #1: Housing Element Update and Residential Objective Standards

48.Presentation, submitted by the City Manager’s Office

49.Toni Mester

50.Bruce Feingold

51.Joan Berezin

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53 Tuesday, March 15, 2022 MINUTES Page 4

52.Judith Small

53.Becca Schonberg

54.Corey Busay

55.Sean Gibson

56.Nancy Nash

57.Madeline Feingold

58.Gary Facente

59.Steve Rosen

60.Carol Cohen

61.Dorothy Walker

62.James Wert

63.Josie Gerst

64.Tim Kelley

65.Carla Woodworth

66.Michael Frantz

67.Ben Gould, on behalf of Berkeley Neighbors for Housing and Climate Action Steering Committee

68.Nicole Chabot

69.Thomas Lord

70.Sarah Bell

71.Julianna Dickey

72.Marco Lobba

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54 Tuesday, March 22, 2022 MINUTES Page 1

B E R K E L E Y C I T Y C O U N C I L

S P E C I A L M E E T I N G M I N U T E S
TUESDAY, MARCH 22, 2022
3:00 P.M.

JESSE ARREGUIN, MAYOR
Councilmembers:

VIDEOCONFERENCE AND TELECONFERENCE
Pursuant to Section 3 of Executive Order N-29-20, issued by Governor Newsom on March 17, 2020, this closed session meeting of the City Council will be conducted exclusively through teleconference and Zoom videoconference. Please be advised that pursuant to the Executive Order and the Shelter-in-Place Order, and to ensure the health and safety of the public by limiting human contact that could spread the COVID- 19 virus, there will not be a physical meeting location available.

To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL https://us02web.zoom.us/j/89722983133. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen.

To join by phone: Dial 1-669-900-9128 or 1-877-853-5257 (Toll Free); enter Meeting ID: 897 2298 3133. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

To submit a written communication for the City Council’s consideration and inclusion in the public record, email [email protected].

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55 Tuesday, March 22, 2022 MINUTES Page 2
Preliminary Matters
Roll Call: 3:02 p.m.

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

Absent: Kesarwani, Bartlett, Droste
Councilmember Kesarwani present at 3:07 p.m.

Councilmember Bartlett present at 3:09 p.m.

Public Comment - Limited to items on this agenda only – 0 speakers CLOSED SESSION:

The City Council will convene in closed session to meet concerning the following:

1. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO GOVERNMENT CODE SECTIONS 54956.9(a) and 54956.9(d)(1)
a. Ruegg & Ellsworth v. City of Berkeley (Alameda Superior Court Case No. RG 18930003) Action: M/S/C (Arreguin/Robinson) to authorize the City Attorney to file an appeal in Ruegg & Ellsworth v. City of Berkeley, Alameda County Superior Court, Case No.

California Case No. RG18930003.

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

OPEN SESSION:

The City Council met in closed session and authorized the City Attorney to file an appeal in Ruegg & Ellsworth v. City of Berkeley, Alameda County Superior Court, Case No. California Case No. RG18930003.

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

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

Adjourned at 4:38 p.m.

I hereby certify that the forgoing is a true and correct record of the closed session meeting held on March 22, 2022.
________________________
Mark Numainville, City Clerk

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M I N U T E S

S P E C I A L M E E T I N G O F T H E

B E R K E L E Y C I T Y C O U N C I L
Tuesday, March 22, 2022
4:00 PM

JESSE ARREGUIN, MAYOR
Councilmembers:

VIDEOCONFERENCE AND TELECONFERENCE
Pursuant to Government Code Section 54953(e) and the state declared emergency, this meeting of the City Council will be conducted exclusively through teleconference and Zoom videoconference. The COVID-19 state of emergency continues to directly impact the ability of the members to meet safely in person and presents imminent risks to the health of attendees. Therefore, no physical meeting location will be available.

To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL https://us02web.zoom.us/j/85474741619 If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen.

To join by phone: Dial 1-669-900-9128 or 1-877-853-5257 (Toll Free) and enter Meeting ID: 854 7474 1619. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

To submit a written communication for the City Council’s consideration and inclusion in the public record, email [email protected].

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57 Tuesday, March 22, 2022 MINUTES Page 2
Preliminary Matters
Roll Call: 4:44 p.m.

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

Absent: Droste
Action Calendar – New Business

1. Implementation of Redistricting Plan for City Council District Boundaries From: Independent Redistricting Commission
Recommendation: Adopt first reading of an Ordinance implementing the adjusted City Council District Boundaries as approved by the Independent Redistricting Commission.

Financial Implications: None
Contact: Mark Numainville, Commission Secretary, (510) 981-6900 Action: 3 speakers. M/S/C (Arreguin/Wengraf) to adopt first reading of Ordinance No. 7,803–N.S. implementing the adjusted City Council District Boundaries as approved by the Independent Redistricting Commission. Second reading scheduled for April 12, 2022.

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

Adjournment
Action: M/S/C (Harrison/Robinson) to adjourn the meeting.

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

Adjourned at 5:14 p.m.

I hereby certify that the foregoing is a true and correct record of the special session meeting held on March 22, 2022.
________________________
Mark Numainville
City Clerk
Communications
 None
Supplemental Communications and Reports 1
 None

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Supplemental Communications and Reports 2
 None
Supplemental Communications and Reports 3
Item 1: Redistricting Ordinance – 1st Read

1. Chimey Lee

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MINUTES

BERKELEY CITY COUNCIL MEETING
Tuesday, March 22, 2022
6:00 PM

JESSE ARREGUIN, MAYOR
Councilmembers:

VIDEOCONFERENCE AND TELECONFERENCE
Pursuant to Government Code Section 54953(e) and the state declared emergency, this meeting of the City Council will be conducted exclusively through teleconference and Zoom videoconference. The COVID-19 state of emergency continues to directly impact the ability of the members to meet safely in person and presents imminent risks to the health of attendees. Therefore, no physical meeting location will be available.

To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL https://us02web.zoom.us/j/85474741619. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen.

To submit a written communication for the City Council’s consideration and inclusion in the public record, email [email protected].

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60 Tuesday, March 22, 2022 MINUTES Page 2
Preliminary Matters
Roll Call: 6:03 p.m.

Present: Kesarwani, Taplin, Harrison, Hahn, Wengraf, Robinson, Arreguin

Absent: Bartlett, Droste
Councilmember Bartlett present at 6:04 p.m.

Report from Closed Session
The City Council met in closed session and authorized the City Attorney to file an appeal in Ruegg & Ellsworth v. City of Berkeley, Alameda County Superior Court, Case No. California Case No. RG18930003.

Ceremonial Matters:

1. Recognition of Nowruz, Persian New Year

2. Recognition of Meals on Wheels Month (March 2022)

3. Presentation on Seismic Retrofits for Civic Center Buildings - 7 speakers

4. Presentation by the Anti-Eviction Mapping Project - 15 speakers City Manager Comments: None
Recess 8:26 p.m. – 8:36 p.m.

Public Comment on Non-Agenda Matters: 4 speakers.

Consent Calendar
Action: M/S/C (Arreguin/Robinson) to adopt a temporary rule to set the time limit for public speakers at one minute per speaker.

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

Public Comment on Consent Calendar and Information Items Only: 15 speakers.

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

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

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1. Lease Agreement with NFS Unlimited, LLC for Skates-on-the-Bay From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,802-N.S. authorizing the City Manager to execute the attached ground lease with NFS Unlimited, LLC, the owner/lessee of Skates-on-the-Bay at the Berkeley Waterfront for a 10-year term with 2 additional options to extend for 5 years each, effective from May 1, 2022.

First Reading Vote: All Ayes.

Financial Implications: See report.

Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted second reading of Ordinance No. 7,802–N.S.

2. Resolution Making Required Findings Pursuant to the Government Code and Directing City Legislative Bodies to Continue to Meet Via Videoconference and Teleconference
From: City Manager
Recommendation: Adopt a resolution making the required findings pursuant to Government Code Section 54953(e)(3) and determining that as a result of the continued threat to public health and safety posed by the spread of COVID-19, City legislative bodies shall continue to meet via videoconference and teleconference, initially ratified by the City Council on September 28, 2021, and subsequently reviewed and ratified on October 26, 2021, November 16, 2021, December 14, 2021, January 10, 2022, February 8, 2022, and March 8, 2022.

Financial Implications: To be determined.

Contact: Farimah Brown, City Attorney, (510) 981-6950
Action: Adopted Resolution No. 70,258–N.S.

3. Resolution Reviewing and Ratifying the Proclamation of Local Emergency Due to the Spread of a Severe Acute Respiratory Illness Caused by a Novel (New) Coronavirus (COVID-19)
From: City Manager
Recommendation: Adopt a Resolution reviewing the need for continuing the local emergency due to the spread of a severe acute respiratory illness caused by a novel (new) coronavirus (COVID-19) and ratifying the Proclamation of Local Emergency issued by the Director of Emergency Services on March 3, 2020, initially ratified by the City Council on March 10, 2020, and subsequently reviewed and ratified by the Council on April 21, 2020, June 16, 2020, July 28, 2020, September 22, 2020, November 17, 2020, December 15, 2020, February 9, 2021, March 30, 2021, May 25, 2021, July 20, 2021, September 14, 2021, November 9, 2021, December 14, 2021, and February 8, 2022.

Financial Implications: To be determined.

Contact: Farimah Brown, City Attorney, (510) 981-6950
Action: Adopted Resolution No. 70,259–N.S.

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4. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of February 8 (regular), February 15 (closed and special), February 18 (closed), February 22 (regular) and February 24 (closed).

Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Approved the minutes as submitted.

5. Amendment to the Berkeley Revolving Loan Fund Administrative Plan to allow management of the COVID-19 Resiliency Loan Program (RLP) by Working Solutions, a certified Community Development Financial Institution; Authorize a $60,000 contract with Working Solutions to provide technical assistance and small business support to Berkeley’s RLP participants
From: City Manager
Recommendation: Adopt two Resolutions:

1. Approving changes to the Administrative Plan of the Berkeley Revolving Loan Fund (RLF) to allow for third party administration of the COVID-19 Resiliency Loan Program (RLP).

2. Authorizing the City Manager to execute a sole source contract and any amendments with Working Solutions, a certified Community Development Financial Institution, not to exceed $60,000 of ARPA funds to provide additional small business support and technical assistance to Berkeley’s RLP participants for the period beginning March 31, 2022 through the five-year term of the RLP loan repayments (anticipated ending date December 31, 2027).

Financial Implications: See report.

Contact: Eleanor Hollander, Economic Development, (510) 981-7530 Action: Adopted Resolution No. 70,260–N.S. (Administrative Plan), and Resolution No. 70,261–N.S. (Contract).

6. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on March 22, 2022
From: City Manager
Recommendation: Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on March 22, 2022 Financial Implications: $12,952,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Approved recommendation.

7. Donation of Fire Apparatus and Equipment
From: City Manager
Recommendation: Adopt a Resolution donating a surplus fire truck, Auto 910 and equipment, to the Livermore Pleasanton Department.

Financial Implications: See report.

Contact: Abe Roman, Fire, (510) 981-3473
Action: Adopted Resolution No. 70,262–N.S.

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8. Contract: Pinnacle for Occupational Physicals
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Pinnacle Training Systems, LLC (Contractor) for occupational health and pre-employment medical examinations including cancer and cardiac screening for firefighters, paramedics, emergency medical technicians, police officers and other designated staff through March 22, 2026 in an amount not to exceed $325,000 per fiscal year with an option to extend for three additional two- year terms, for a total ten-year potential contract not to exceed $3,250,000.

Financial Implications: See report.

Contact: Abe Roman, Fire, (510) 981-3473
Action: Adopted Resolution No. 70,263–N.S.

9. Contract: Interior Motions for HHCS Public Health Division Furniture From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute a contract, and any amendments or extensions, with Interior Motions for new furniture for the Public Health Division offices. The contract will be in an amount not to exceed $100,000 for the period January 1, 2022 through December 30, 2022.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,264–N.S.

10. Contract No. 32100178 Amendment: California Mental Health Services Authority Help@Hand Participation Agreement
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an Amendment to the Help@Hand Participation Agreement with the California Mental Health Services Authority (CalMHSA) (Contract No.32100178) to increase the amount of funding by $140,800 for a total amount not to exceed $541,715 through June 30, 2024, and any amendments.

Financial Implications: See report.

Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,265–N.S.

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11. Revenue Contract: Alameda County Behavioral Health Care Services From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute a revenue contract amendment with Alameda County Behavioral Health Care Services (ACBH) for the provision of mental health services, including Medi-Cal, Medicare, Educationally Related Mental Health Services (ERMHS), and Early Periodic Screening, Diagnosis and Treatment (EPSDT) billing and reimbursement, with an Effective Date of July 1, 2021.

Financial Implications: See report.

Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,266–N.S.

12. Increase Taxi Scrip Window Daily Cash Redemption Limit From: City Manager
Recommendation: Adopt a Resolution authorizing Berkeley Rides for Seniors & the Disabled (BRSD) to increase the Taxi Scrip Window daily cash redemption limit from $800 to $1,000, one day per week.

Financial Implications: See report.

Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,267–N.S.

13. Amending Berkeley Municipal Code (BMC) Chapter 12.70 Sections 12.70.031 and 12.70.050A.1 to align with State and Local Laws
From: City Manager
Recommendation: Staff recommends the City Council adopt the reading of an Ordinance amending Berkeley Municipal Code (BMC) Chapter 12.70 Smoking Pollution Control to incorporate two changes:
1) Amending BMC 12.70.030 to replace the outdated term “Dispensary” with “Cannabis Retailer” in order to align with the State’s Medicinal and Adult-Use of Cannabis Safety and Regulation Act (MAUCSRA); and
2) Revise BMC Chapter 12.70.050.A.1 to clarify that smoking tobacco is allowed at a tobacco retailer, and smoking cannabis is allowable at a Cannabis Retailer, subject to Council-approved BMC Sections 23.320.020.F.2, 12.21.020.U, V, and Y, and

12.22.040.F.2 allowing “Cannabis Lounges”.

Financial Implications: None
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted first reading of Ordinance No. 7,804–N.S. Second reading scheduled for April 12, 2022.

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14. Amendments to On-Call Architectural Services Contract No. 31900137 (ELS Architecture and Urban Design), Contract No. 31900155 (Siegel & Strain Architects), and Contract No. 31900131 (Noll & Tam Architects) From: City Manager
Recommendation: Adopt Resolutions authorizing the City Manager to:

1. Execute an amendment to Contract No. 31900137 for ELS Architecture and Urban Design increasing the contract amount by $900,000; and

2. Execute amendments to Contract No. 31900155 for Siegel & Strain Architects, and Contract No. 31900131 for Noll & Tam Architects by increasing the contract amount by $900,000 each and duration by 9 months each, from June 30, 2022 to March 31, 2023.

Financial Implications: See report.

Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 70,268–N.S. (ELS Architecture), and Resolution No. 70,269–N.S. (Siegel & Strain) and Resolution No. 70,270-N.S. (Noll & Tam Architects.

15. Purchase Order: Nicholas K Corp dba the Ford Store San Leandro for Fifteen Ford Interceptor Utility Hybrid Vehicles
From: City Manager
Recommendation: Adopt a Resolution satisfying requirements of City Charter Article XI Section 67.2 allowing the City Manager to participate in Alameda County bid procedures and authorize the City Manager to execute a purchase order for fifteen (15) Ford Interceptor Utility Hybrid vehicles with Nicholas K Corp dba the Ford Store San Leandro in an amount not to exceed $765,000.

Financial Implications: See report.

Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,271–N.S.

16. Purchase Order: Nicholas K Corp dba the Ford Store San Leandro for Three Electric Vehicle Ford Pickup Trucks
From: City Manager
Recommendation: Adopt a Resolution satisfying requirements of City Charter Article XI Section 67.2 allowing the City Manager to participate in Alameda County bid procedures and authorize the City Manager to execute a purchase order for three (3) Electric Vehicle Ford Pickup Trucks with Nicholas K Corp dba the Ford Store San Leandro in an amount not to exceed $135,000.

Financial Implications: See report.

Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,272–N.S.

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17. Contract No. 112725-1 Du-All Safety, LLC for Safety Consulting and Training Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 112725-1 with Du-All Safety, LLC for continued safety training and consulting services up to $100,000 for a total contract amount not to exceed $400,000, and to extend the contract term through December 31, 2025.

Financial Implications: See report.

Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,273–N.S.

18. Contract No. 32100122 Amendment: Silao General Engineering for Site Improvements Project at 125/127 University Avenue
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32100122 with Silao General Engineering, Inc. to complete the parking lot site improvements at 125/127 University Avenue increasing the current contract amount of $192,946.60 by $85,000.00 for a total amount not-to-exceed of $277,947.

Financial Implications: See report.

Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,274–N.S.

19. Contract No. 31900106 Amendment: Coastland Civil Engineering for On-Call Civil Engineering Services for the Sanitary Sewer Program From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 31900106 with Coastland Civil Engineering (Coastland) for On-Call Civil Engineering Services for the Sanitary Sewer Program, increasing the contract by $500,000, for a total amount not to exceed $1,400,000, and extending the term of the contract to June 30, 2023.

Financial Implications: See report.

Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,275–N.S.

20. Contract No. 31900094 Amendment: West Yost for On-Call Civil Engineering Services for the Sanitary Sewer Program
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 31900094 with West Yost Associates (West Yost) for On-Call Civil Engineering Services for the Sanitary Sewer Program, increasing the contract by $500,000, for a total amount not to exceed $1,200,000, and extending the term of the contract to June 30, 2023.

Financial Implications: See report.

Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,276–N.S.

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21. Contract No. 090342-1 Amendment: Waste Management of Alameda County for Landfill Disposal Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend the City’s existing Contract No. 090342-1 with Waste Management, Inc. of Alameda County for Landfill Disposal Services through December 31, 2026 by increasing the Not to Exceed amount from $32,740,168 to $45,545,780.

Financial Implications: See report.

Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,277–N.S.

22. Fiscal Year 2023 Street Lighting Assessments – Initiating Proceedings From: City Manager
Recommendation: Adopt two Resolutions describing proposed improvements to be used to determine the annual assessments levied for Berkeley Street Lighting Assessment District No. 1982-1 and Street Lighting Assessment District No. 2018, and order the preparation of Engineer’s Reports.

Financial Implications: See report.

Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,278–N.S. (District No. 1982-1) and Resolution No. 70,279–N.S. (District No. 2018).

23. Vacancies on Commission on Disability
From: Commission on Disability
Recommendation: Appoint new members to fill vacancies on the Commission on Disability from District 3, District 4, District 5, District 6, District 7, and Mayor Jesse Arreguin
Financial Implications: None
Contact: Dominika Bednarska, Commission Secretary, (510) 981-6300 Action: Approved recommendation.

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24. Recommendation to Identify High Risk Safety Areas that are Exempt from State Imposed Housing Increases Due to Public Safety Considerations From: Disaster and Fire Safety Commission
Recommendation: The Disaster and Fire Safety Commission (DFSC) recommends that the City Council define the location of those areas in Berkeley in which residents are at high risk due to public safety considerations and use this information to help guide the Housing Element process so that greater density and development in those areas is avoided to the extent reasonably possible. These areas include:

1. Fire Zones 2 and 3 with narrow (26 feet or less in width), winding streets, or those with “pinch-points’ that do not allow emergency vehicle access and safe evacuation routes for residents in the event of a wildfire; and

2. Locations within the Alquist-Priolo (Hayward Fault) Earthquake Zone identified by the California Geological Survey; and

3. Locations within the Liquefaction or Landslide Zones identified by the California Geological Survey and areas associated with creeks, above and underground and subject to the impacts of Sea Level Rise. A. Establish a Priority: The DFSC requests that the identification process begin with items 1 and 2 listed above. State legislation mandating increased development in these areas is effective January 1, 2022, and the identification of the boundaries of areas where residents are at high risk in Berkeley should be completed prior to that date. Item 3 is also important, but as a practical matter, it may take longer to review. Therefore, completing identification may have to be done in steps over time. An additional consideration in giving priority at this time to areas affected by fire is that we are now in the “traditional” wildfire season with the clear statewide warning that today’s wildfires are both more frequent and intense and are being fueled by the State’s continued severe drought with no relief in the foreseeable future. B. Establish an Easy-to-Understand Map Format: The DFSC requests that the identification information presented be in an easy-to- understand map format that is available to the public and kept in an up-to-date format as the process progresses. This format should; within technical capability, clearly identify streets that are boundaries to the public safety areas. The California Geological Survey already maintains property-specific maps that address Items 1 and 2 above. The DFSC requests that the City produce similar maps for the other hazardous areas as they are identified. C. Need for Timely Action: The Council has recently taken action to indicate their intent to begin a process to complete the Sate required new Housing Element for the City’s General Plan. Establishing high-risk public safety areas is a foundational tool in the work that needs to be done to complete a new Housing Element. D. Provides an Opportunity to Inform the Public:

Defining high-risk public safety zones not only informs residents about the nature of the risks but encourages individuals and groups to be part of the effort to reduce those risks.

Financial Implications: See report.

Contact: Keith May, Commission Secretary, (510) 981-3473 Action: Approved recommendation.

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25. Letter of Support for Budget Referral: South Sailing Basin Dredging From: Parks and Waterfront Commission
Recommendation: Send the attached Letter of Support for Budget Referral: South Sailing Basin Dredging to be added to the scope of the project for the study of dredging the main channel.

Financial Implications: See report.

Contact: Roger Miller, Commission Secretary, (510) 981-6700 Action: Approved recommendation.

26. Letter of Support for Infrastructure Improvement Projects in the Berkeley Waterfront from the Parks, Recreation, and Waterfront Commission to State Senate Budget Chair Skinner and Assembly Budget Chair Ting From: Parks and Waterfront Commission
Recommendation: Send the attached Letter of Support for Infrastructure Improvement Projects in the Berkeley Waterfront from the Parks, Recreation, and Waterfront Commission to State Senate Budget Chair Skinner and Assembly Budget Chair Ting.

Financial Implications: See report.

Contact: Roger Miller, Commission Secretary, (510) 981-6700 Action: Approved recommendation.

27. Berkeley Police: Improvements Needed to Manage Overtime and Security Work for Outside Entities
From: Auditor
Recommendation: We recommend City Council request that the City Manager report back by September 29, 2022, and every six months thereafter, regarding the status of our audit recommendations until reported fully implemented by the Berkeley Police Department (BPD). They have agreed to our findings and recommendations.

Please see our report for their complete response.

Financial Implications: None
Contact: Jenny Wong, Auditor, (510) 981-6750
Action: Moved to Action Calendar. M/S/C (Arreguin/Wengraf) to continue Item 27 to the April 12, 2022 meeting as the first Action Item.

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

Councilmember Harrison absent 10:02 p.m. – 10:33 p.m.

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28. Support for AB-2053 (Social Housing Act)
From: Councilmember Taplin (Author)
Recommendation: Send a letter in support of Assembly Bill 2053 to the state legislature.

Financial Implications: None
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Approved recommendation.

29. Support for AB-2336
From: Councilmember Taplin (Author), Councilmember Wengraf (Co-Sponsor), Mayor Arreguin (Co-Sponsor), Councilmember Robinson (Co-Sponsor) Recommendation: Send a letter of support for Assembly Bill 2336: Speed Safety System Pilot Program.

Financial Implications: None
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Approved recommendation.

30. Support for AB-2713
From: Councilmember Taplin (Author), Councilmember Bartlett (Co-Sponsor) Recommendation: Send a letter of Support for Assembly Bill 2713: Rent caps Financial Implications: None
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Councilmember Harrison added as a co-sponsor. Approved recommendation.

31. Budget Referral: West Berkeley Transportation Plan
From: Councilmember Taplin (Author)
Recommendation: That the City Council refer $300,000 to the FY23-24 budget process for the hiring of a consultant to conduct a study and draft a comprehensive plan for transportation in West Berkeley through 2050.

Financial Implications: $300,000
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Approved recommendation.

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71 Council Consent Items
Tuesday, March 22, 2022 MINUTES Page 13

32. Budget Referral: Berkeley Reparations – Funding for a Consultant to Facilitate Community Process to Design and Implement a Local Reparations Plan From: Councilmember Bartlett (Author), Councilmember Hahn (Co-Sponsor), Councilmember Taplin (Co-Sponsor), Mayor Arreguin (Co-Sponsor) Recommendation: Refer to the Fiscal Year 2022/2023 Budget Process, an allocation of $350,000 to fund a Consultant to develop policy recommendations for reparations in Berkeley. These recommendations will address the economic injury and intergenerational trauma experienced by Berkeley’s descendants of slavery and the ongoing harm caused to all African Americans by systems that uphold the legacy of segregation. The Consultant will design a process to develop short, medium, and long-term recommendations for reparation policies in Berkeley designed to promote the creation of generational wealth and boost economic mobility, and opportunity in Berkeley’s African American community. 1. Inform. The Consultant should hold a series of educational events, truth-telling symposiums, sessions, and community gatherings on Berkeley’s history. The Consultant should engage a myriad of Berkeley stakeholders, including residents who have experienced harm with economists and historians to provide context. Subject matter experts will employ financial and historical data to illuminate the generational wealth gap, describe barriers to economic mobility, and detail the systemic racism against Berkeley’s African American community. 2. Interact. The Consultant should aim to foster an interactive dialogue centered on the community’s historical experiences and legacy of racism. These group settings should be between persons of diverse vantage points and opinions. The Consultant’s facilitation of these emotive conversations should aspire to enable learning and deep listening, connection, and ultimately trust, healing, and the desire to repair the community. 3. Recommend. Draw from the community dialogues to issue short, medium, and long-term recommendations, for reparations policies. The policy recommendations should focus on creating significant, sustainable progress towards repairing the damage caused by public and private systemic racism; and mitigate racial disparities in wealth, education, employment, homeownership, health, criminal justice, and more. The recommendations should include a portfolio of policies aligned under the following framework: i. Reckoning ii. Acknowledgment iii. Accountability iv. Redress Financial Implications: See report.

Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130 Action: Approved recommendation.

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72 Council Consent Items
Tuesday, March 22, 2022 MINUTES Page 14

33. Supporting Ranked Choice Voting -- Opposing AB 2808 (O’Donnell) From: Councilmember Hahn (Author), Mayor Arreguin (Author), Councilmember Robinson (Author)
Recommendation: Adopt a resolution opposing AB 2808 (O’Donnell), which would ban rank choice voting in California, including in those charter cities where the system is already in use. Send a letter to the bill author stating opposition. Send a copy of the Resolution to Assemblymember Buffy Wicks, State Senator Nancy Skinner, and Governor Gavin Newsom.

Financial Implications: None
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150 Action: Adopted Resolution No. 70,280–N.S.

34. Support for AB 1755 (Levine)
From: Councilmember Wengraf (Author), Councilmember Harrison (Co- Sponsor), Councilmember Hahn (Co-Sponsor)
Recommendation: Adopt a Resolution in Support of AB-1755: Homeowners Insurance: Home Hardening (Levine). AB-1755 will require, beginning in 2025, an insurance provider licensed in California to issue an insurance policy to a homeowner that has taken science-based actions to harden their property from wildfire risk. This legislation would also create the Wildfire Protection Grant Program under the Department of Insurance that would administer grants to residential property owners of up to $10,000 to help pay for costs associated with home hardening and wildfire mitigation improvements. Send copies of the Resolution to Assembly Member Levine, Assembly Member Wicks, Senator Skinner, Governor Newsom and Insurance Commissioner Lara.

Financial Implications: None
Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160 Action: Adopted Resolution No. 70,281–N.S.

35. Support for AB-1594 Firearms: Civil Suits
From: Councilmember Wengraf (Author), Councilmember Taplin (Co-Sponsor), Councilmember Bartlett (Co-Sponsor), Councilmember Hahn (Co-Sponsor) Recommendation: Adopt a Resolution in support of AB-1594 (Assembly Member Ting) which would allow gun manufacturers to be sued for creating a public nuisance if their failure to follow federal, state or local law caused injury or death or if the gun industry member engaged in unfair business practices.

Send the Resolution to Assembly Members Ting, Gipson, Ward and Wicks along with Senator Skinner and Governor Newsom.

Financial Implications: None
Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160 Action: Adopted Resolution No. 70,282–N.S.

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Tuesday, March 22, 2022 MINUTES Page 15

36. 2022 Virtual Holocaust Remembrance Day Program: Relinquishment of Council Office Budget Funds from General Funds and Grant of Such Funds From: Councilmember Wengraf (Author), Councilmember Hahn (Author), Councilmember Bartlett (Co-Sponsor), Mayor Arreguin (Co-Sponsor) Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember, including $500 each from Councilmember Wengraf and Councilmember Hahn to support the City’s Annual Holocaust Remembrance Day program with funds relinquished to the City’s general fund. The relinquishment of funds from Councilmember Wengraf’s, Hahn’s, Bartlett’s, and Mayor Arreguin’s discretionary Council Office Budgets and all other Councilmembers who would like to contribute, allows the City of Berkeley to invite the community to the City’s 19th Annual Holocaust Remembrance Day virtual program, created by the community with City Council support. In light of the vulnerability of many of the attendees, and the continuing threat of the COVID pandemic, this year’s program will be held virtually on April 28, 2022.

Financial Implications: See report.

Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160 Action: Adopted Resolution No. 70,283–N.S. revised to include contributions from the following Councilmembers up to the amounts listed: Mayor Arreguin - $500; Councilmember Taplin - $500; Councilmember Harrison - $250; Councilmember Robinson - $100; Councilmember Bartlett - $250; Councilmember Kesarwani - $200.

37. Budget Referral: Telegraph-Channing Garage Elevator Repairs From: Councilmember Robinson (Author), Councilmember Hahn (Co-Sponsor) Recommendation: Refer $3.6M to the June 2022 budget process for urgent repairs to the Telegraph-Channing Garage elevators. Additionally, refer to the City Manager to pursue all available funding opportunities for this project, including American Rescue Plan Act funds.

Financial Implications: See report.

Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170 Action: Approved recommendation as revised Supplemental Communications Packet #1 by Councilmember Robinson.

Action Calendar – New Business

38. Berkeley Economic Dashboards Update
From: City Manager
Contact: Eleanor Hollander, Economic Development, (510) 981-7530 Action: 2 speakers. Presentation made and discussion held.

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74 Action Calendar – Public Hearings
Tuesday, March 22, 2022 MINUTES Page 16

39. Referral Response: Research and Development (R&D) Definition From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt the first reading of a Zoning Ordinance amendment that modifies the land use definition of Research and Development (R&D) [Berkeley Municipal Code (BMC) Division 5:

Glossary – Defined Terms 23.502.020].

Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Public Testimony: The Mayor opened the public hearing. 7 speakers.

M/S/C (Arreguin/Robinson) to close the public hearing.

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

Councilmember Hahn absent 9:42 p.m. – 10:33 p.m.

Action: M/S/C (Wengraf/Arreguin) to adopt first reading of Ordinance No. 7,805– N.S. amended to read as noted below. Second reading scheduled for April 12, 2022.

Research and Development: An establishment engaged in the following activities:
1) industrial, biological or scientific research; and/or 2) product or process design, development, prototyping, or testing. This may include labs, offices, warehousing, and light manufacturing functions as part of the overall Research and Development use.

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

Action Calendar – Old Business

40. Resolution Accepting the Surveillance Technology Report for Automatic License Plate Readers, GPS Trackers, Body Worn Cameras, and the Street Level Imagery Project Pursuant to Chapter 2.99 of the Berkeley Municipal Code (Continued from January 25, 2022. Item contains supplemental materials.) From: City Manager
Recommendation: Adopt a Resolution Accepting the Surveillance Technology Report for Automatic License Plate Readers, GPS Trackers, Body Worn Cameras, and the Street Level Imagery Project Pursuant to Chapter 2.99 of the Berkeley Municipal Code.

Financial Implications: None
Contact: Jennifer Louis, Police, (510) 981-5900, LaTanya Bellow, City Manager's Office, (510) 981-7000
Action: Moved to Consent Calendar. Item 40 continued to April 26, 2022.

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75 Information Reports
Tuesday, March 22, 2022 MINUTES Page 17

41. FY 2022 First Quarter Investment Report: Ended September 30, 2021 From: City Manager
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Received and filed.

Public Comment – Items Not Listed on the Agenda - 0 speakers.

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

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

Adjourned at 10:33 p.m.

I hereby certify that the foregoing is a true and correct record of the regular session meeting held on March 22, 2022.
________________________
Mark Numainville
City Clerk
Communications
Item #27: Berkeley Police: Improvements Needed to Manage Overtime and Security Work for Outside Entities

1. Aimee Baldwin
Item #40: Resolution Accepting the Surveillance Technology Report for Automatic License Plate Readers, GPS Trackers, Body Worn Cameras, and the Street Level Imagery Project Pursuant to Chapter 2.99 of the Berkeley Municipal Code

2. Jennifer Head
Street Paving Adding $9,000,000 to General Fund

3. Alex Benn

4. David Lerman
UC Berkeley – Student Housing

5. Rachel Doughty

6. Margot Smith

7. Mary Zernicke
Hopkins Corridor

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76 Tuesday, March 22, 2022 MINUTES Page 18

8. Susan Schwartz
Support the Plastic Bag Ordinance

9. Sofia Pavlova

10.Peter DiMaria
Keeping Berkeley Residents Housed

11.Drew Finke

12.Negeene Mosaed

13.Elana Auerbach

14.cooperlb@
Grocery vs Market Berkeley Redlines

15.Aimee Baldwin
Amending His Brown Act Complaint

16.Thomas Lord
Tenants Opportunity to Purchase Act (TOPA)

17.Kiran Shenoy, on behalf of the Bridge Association of Realtors

18.Erin Markham

19.Eduardo Madrigal
Covid Dashboard

20.Thomas Lord (2)

21.Councilmember Harrison
Berkeley Drop-In Center and the Berkeley Police Department

22.Boona Cheema

23.Diana Bohn

24.Katrina Killian

25.Interim Police Chief Louis
Community Policing: Flex Team for Problem-Oriented Policing

26.Josh Buswell-Charkow

27.Minda Berbeco

28.Jane Ellis

29.Jennifer Head

30.John Caner, on behalf of the Downtown Berkeley Association Legal Protection for My Daughter Who Was Abused

31.Mandisa Leacheman
Ongoing Violations of ADA and IDEA

32.Gail Burke

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77 Tuesday, March 22, 2022 MINUTES Page 19
Emergency Greenhouse Gas (GHA) Limits Ordinance

33.Nilang Gor, on behalf of Sierra Club SF Bay Sustainable Food & Agriculture Committee
Parking Garage at 2215 4th Street

34.Jack Litewka (3)

35.Anne Burns
Masks – Covid - Vaccinations

36.Val Cipollone

37.David Freeling

38.George Torgun
BART Redistricting 2022

39.April Quintanilla
East Bay Community Energy Finance, Administration, Procurement

40.East Bay Community Energy
Supplemental Communications and Reports 1
Presentation by the Anti-Eviction Mapping Project

41.Executive Summary, submitted by the Anti-Eviction Mapping Project

42.Presentation, submitted by the Anti-Eviction Mapping Project

43.Report, submitted by the Anti-Eviction Mapping Project Item #37: Budget Referral: Telegraph-Channing Garage Elevator Repairs

44.Revised material, submitted by Councilmember Robinson Item #39: Referral Response: Research and Development (R&D) Definition

45.Marco Lobba, on behalf of Catena Biosciences
Supplemental Communications and Reports 2
Presentation by the Anti-Eviction Mapping Project

46.Thomas Lord
Presentation on Seismic Retrofits for Civic Center Buildings

47.John Caner, on behalf of the Community for A Cultural Civic Center Item 27: Berkeley Police: Improvements Needed to Manage Overtime and Security Work for Outside Entities

48.Presentation, submitted by the Auditor
Item #37: Budget Referral: Telegraph-Channing Garage Elevator Repairs

49.Dandy Harris

50.Erik Biggleston, on behalf of Games of Berkeley

51.Bonnie Gold
Item #39: Referral Response: Research and Development (R&D) Definition

52.Katie Sharp, on behalf of Activate-Berkeley

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78 Tuesday, March 22, 2022 MINUTES Page 20

53.Chris Barlow, on behalf of Wareham Development
Supplemental Communications and Reports 3
Presentation by the Anti-Eviction Mapping Project

54.Alexandra Lacey

55.Sophia DeWitt

56.Sarah Scruggs, on behalf of Northern California Land Trust Item #24: Recommendation to Identify High Risk Safety Areas that are Exempt from State Imposed Housing Increases Due to Public Safety Considerations

57.Kelly Hammargren
Item #25: Letter of Support for Budget Referral: South Sailing Basin Dredging

58.Warren Wallace, on behalf of Odyssey Open Water Swimming Item #32: Budget Referral: Berkeley Reparations – Funding for a Consultant to Facilitate Community Process to Design and Implement a Local Reparations Plan

59.Margot Smith
Item #38: Berkeley Economic Dashboards Update

60.Presentation, submitted by the Office of Economic Development Item #39: Referral Response: Research and Development (R&D) Definition

61.Presentation, submitted by Land Use Planning

62.Wesley Jackson
Miscellaneous
Karen Chapelle

63.Margot Smith

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79 80

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
April 26, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Peter Radu, Assistant to the City Manager Subject: Acceptance of Funding from University of California, Berkeley for Operations of the Rodeway Inn

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to accept a $2,200,000 donation from the University of California, Berkeley to support 6 months of operations at the Rodeway Inn intended for the noncongregate sheltering of people experiencing homelessness at People’s Park.

FISCAL IMPACTS OF RECOMMENDATION
Approving this recommendation will result in $2,200,000 in funding being deposited and expensed from the One-Time Grant: No Capital Expenditures Fund (Fund 336). These funds will be expended solely on the lease and the contract with Abode Services (both of which are before the Council on the April 26, 2022 agenda) to operate an interim non- congregate shelter program at the Rodeway Inn. These funds will be appropriated as part of the Second Amendment to the FY 2022 Annual Appropriations Ordinance.

CURRENT SITUATION AND ITS EFFECTS
On December 29, staff partnered with the University of California, Berkeley to submit an application to the State of California’s Encampment Resolution Funding grant program for $4.7M to operate the Rodeway Inn as a noncongregate interim shelter option for one year for individuals currently living in People’s Park. In the grant application, the City and University offered local match funds to extend the operations at the Rodeway to 18 months, which provides more time to appropriately serve and rehouse those individuals who utilize the program. To accomplish this, the University has offered to cover the increase in cost for operating 43 rooms for an additional 6 months with a donation of $2,200,000 for this purpose.

BACKGROUND
On December 29, 2021, City staff partnered with the University of California, Berkeley to submit an application to the State of California’s Encampment Resolution Funding grant for $4.7M to cover 1 year of operations at the Rodeway to serve the people currently living without shelter in People’s Park. In February 2022, the City was awarded this

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81 Acceptance of Funding from UC Berkeley for the Rodeway Inn CONSENT CALENDAR April 26, 2022

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entire amount in ERF funds, and on March 8, the Council authorized the acceptance of the Encampment Resolution Funding grant funds.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no environmental nor climate impacts associated with this recommendation.

RATIONALE FOR RECOMMENDATION
Supporting homeless people living in People’s Park and elsewhere by providing them rooms at the Rodeway Inn as well as services to help transition to permanent housing will be possible through accepting this donation.

ALTERNATIVE ACTIONS CONSIDERED
Alternate city funding to operate the Rodeway for 6 months could be considered.

CONTACT PERSON
Peter Radu, Assistant to the City Manager, 510 981-7045 Attachments:
1: Resolution

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

ACCEPTING FUNDING FROM THE UNIVERSITY OF

CALIFORNIA, BERKELEY FOR OPERATING INTERIM SHELTER

AT THE RODEWAY INN
WHEREAS, on October 29, 2021, the State of California released a Request for Applications for the Encampment Resolution Funding (ERF) Program, a Statewide, competitive $47.5M funding opportunity to further the State’s understanding of best practices to compassionately resolve encampments by assisting their residents into safe and stable pathways to housing; and
WHEREAS, on December 14, 2021, the City Council affirmed its support of the development of People’s Park into affordable housing, including permanent supportive housing for people experiencing homelessness, by unanimously voting to commit $14.4M in funding to help close the financing at this development; and WHEREAS, on December 29, 2021, staff partnered with the University of California, Berkeley to submit a grant application to the ERF requesting $4,708,015 to fund an interim housing program at the Rodeway Inn on University Avenue in Berkeley; and WHEREAS, staff propose the use of the Rodeway Inn, which is currently being used by Alameda County as interim housing for people experiencing homelessness, as noncongregate interim housing for those individuals currently residing in encampments in People’s Park, in anticipation of the development of the site into affordable and student housing; and
WHEREAS, the City Manager was notified early, on February 24, 2022 that the City’s ERF application will be funded at the full amount, supporting one year of operations and services for the shelter program at the Rodeway; and WHEREAS, the City’s ERF grant promised a local funding match that would be sufficient to extend the program at the Rodeway from one year to 18 months, at a cost differential of $2,200,000; and
WHEREAS, the University of California, Berkeley has offered to fund this cost differential in full.

NOW THEREFORE, BE IT RESOLVED that the Council of the City of Berkeley authorizes the City Manager to accept and receive a donation from the University of California, Berkeley, for an amount of $2,200,000.

BE IT FURTHER RESOLVED that these funds are to be spent solely for the purpose of extending the services contract with Abode Services and the lease with the owners of the Rodeway Inn for 6 months, to a total of 18 months for both.

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CONSENT CALENDAR
April 26, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Peter Radu, Assistant to the City Manager Subject: Contract: Abode Services to operate interim housing at the Rodeway Inn

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a contract with Abode Services to operate an interim housing program at the Rodeway Inn (1461 University Ave.) in an amount not to exceed $3,993,397 for the period of May 1, 2022 to October 31, 2023.

FISCAL IMPACTS OF RECOMMENDATION
If approved, this resolution will result in an expenditure contract with Abode Services for an amount not to exceed $3,993,397 for 18 months of program operations through Oct 31, 2023. This contract will be funded by the Encampment Resolution Fund grant, accepted by Council on March 8, 2022, as well as a proposed donation of $2.2 million from the University of California, Berkeley (the acceptance of which is also recommended on the April 26, 2022 Council agenda). These funds will be deposited and expensed from the One-Time: No Capital Expenditures Fund and will be appropriated as part of the Second Amendment to the FY 2022 Annual Appropriations Ordinance.

CURRENT SITUATION AND ITS EFFECTS
In an effort to create a much-needed increase in the supply of affordable student housing and affordable housing to people experiencing homelessness, the City Council committed $14.4M in City funding, and authorized staff to apply for up to $20M more in State funding, to support the development at People’s Park. In order for development on the student housing portion of the site, the unsheltered individuals who currently call the Park home will need to be assisted indoors, into places of greater safety, stability, and dignity.

Given the tremendous success of the Project Roomkey model, which during the height of the pandemic provided noncongregate, interim housing at leased hotels and motels for COVID-positive and COVID-vulnerable individuals and has successfully rehoused over 1,000 people across Alameda County, the City of Berkeley and University of California jointly applied to the State of California’s Encampment Resolution Funding (ERF) grant opportunity in December 2021, requesting $4.7M to operate 43 rooms at

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85 Execute contract with Abode Services to operate interim housing at the Rodeway Inn CONSENT CALENDAR April 26, 2022

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the Rodeway Inn for people currently living at the Park. The City was awarded the full amount of this grant in February, and has since secured a partnership with the Rodeway Inn and a donation from the University of California, Berkeley to operate the Rodeway for 18 months.

The Rodeway Inn is currently leased by Alameda County to provide Project Roomkey sheltering. Abode Services is the contracted service provider. The City has secured the support of the County to close their program by the end of April, and transition the building through a new lease to the City beginning May 1. A lease ordinance for this project is also before the Council on the April 26, 2022 agenda. The Alameda County Coordinated Entry System (CES) has allocated Emergency Housing Vouchers, deep permanent housing subsidies made available through the American Rescue Plan, to rehouse the majority of people currently living at the Rodeway. The remaining people will be housed through permanent supportive housing placements ensuring a smooth transition from County to City.

Staff propose to continue the services that Abode is currently providing at the Rodeway for the cohort currently living at People’s Park, and is recommending that the Council authorize the City Manager to contract with Abode Services for this purpose. The proposed contract with Abode Services would be for $3.99M over 18 months and would cover an array of services including supportive housing navigation, housing search assistance and flexible funding to support moving and move-in expenses; 3 meals a day; transportation assistance; and intensive case management that would help link individuals to a variety of other needed services. The City’s Homeless Response Team will partner with the University’s Homeless Outreach Coordinator to perform extensive outreach to the people living in People’s Park and will coordinate and facilitate referrals with Abode to support Rodeway enrollments. The City and Alameda County will partner to provide as many housing and supportive services resources as possible (given various Federal and State regulations) to the cohort at the Rodeway, with the goal of ensuring that everyone at the Park is ultimately transitioned to a permanent home.

If approved, the contract with Abode Services would begin on May 1, 2022 and extend through Oct 31, 2023. Funding for the contract would come from the Encampment Resolution Fund grant as well as a donation from the University of California, Berkeley, the acceptance of which is before the Council on the April 26, 2022 agenda.

BACKGROUND
On December 14, 2021, the City Council committed $14.4M in State, local, and Federal funding, and authorized the City Manager to apply for up to $20M more in No Place Like Home funding, to help close financing on the permanent supportive housing at People’s Park. In December 2021, City staff applied for just over $4.7M in State of California Encampment Resolution Funding (ERF) grant funds to operate the Rodeway Inn as the primary interim housing option for people living in People’s Park, and during the application process secured a letter of support from Alameda County to transition the

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86 Execute contract with Abode Services to operate interim housing at the Rodeway Inn CONSENT CALENDAR April 26, 2022

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current Project Roomkey interim housing program from the County to the City, as well as a working partnership (subject to Council approval) with Abode Services to continue service provision at the site.

In February 2022, the City was awarded the full amount of its ERF grant application. On March 8, the Council authorized the acceptance of the Encampment Resolution Funding grant funds.

ENVIRONMENTAL SUSTAINABILITY
Helping unhoused people currently living at People’s Park transition into interim and permanent housing placement will minimize the detrimental environmental impacts associated with encampment homelessness over the long run, including vector and fire hazards, accumulation of trash and waste, and impacts on sensitive waterways.

RATIONALE FOR RECOMMENDATION
Abode is an experienced noncongregate shelter provider, having contracted with the County since the beginning of the pandemic to provide a full array of services at 7 Project Roomkey sites across Alameda County, successfully rehousing over 1400 vulnerable people experiencing homelessness during that time.

ALTERNATIVE ACTIONS CONSIDERED
Staff considered circulating a competitive solicitation (request for proposals, or RFP) for the services at the Rodeway, but determined that this would not be feasible nor would it be in the City’s best interest to do so. Specifically, this is because Abode Services is the current service provider at the Rodeway, meaning they are familiar with the property, have a working services model already in place, and have vast experience in Berkeley and Alameda County operating noncongregate interim housing under Project Roomkey.

All of this, on top of the time-sensitive nature of the project, means that there would have been no truly competitive process to be had, rendering an RFP moot.

CONTACT PERSON
Peter Radu, Assistant to the City Manager, 510-981-7045.

Attachments:
1: Resolution

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87 RESOLUTION NO. XX,XXX N.S.

AUTHORIZING A CONTRACT WITH ABODE SERVICES TO OPERATE INTERM

HOUSING AT THE RODEWAY INN FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $3,993,397 FOR THE PERIOD MAY 1, 2022 TO OCTOBER 31, 2023.

WHEREAS, the severe lack of housing affordable to University students, as well as people who are experiencing homelessness or insecurely housed, is contributing to an acute housing shortage that is worsening the rates of homelessness in Berkeley; and WHEREAS, to help address this shortage, the City Council committed on December 14, 2021 to contribute $14.4M in City funding, and apply for up to $20M more in State funding, to close the financing for a permanent supportive housing development for people experiencing homelessness at People’s Park; and
WHEREAS, People’s Park is currently home to a large encampment of unsheltered individuals who will need to be assisted indoors into realistic, safe, and dignified interim and permanent housing options in order for development of this new housing project at the Park to begin; and
WHEREAS, Alameda County currently partners with Abode Services to operate a Project Roomkey interim housing program for vulnerable unsheltered people at the Rodeway Inn, a motel on University Avenue in West Berkeley; and WHEREAS, the City partnered with the University of California, Berkeley to apply for $4.7M in State of California Encampment Resolution Fund (ERF) grant funds to operate the Rodeway Inn as an intensive interim housing destination for the cohort currently living at People’s Park; and
WHEREAS, as part of this ERF application, the City secured commitments from the County as well as Abode Services to transition the existing program model at the Rodeway to the City to serve and rehouse the cohort at People’s Park; and WHEREAS, the City was awarded the full amount of their ERF application in February, and Council authorized the acceptance of these funds on March 8, 2022; and WHEREAS, Abode Services is an experienced and qualified provider of shelter and services to people experiencing homelessness, and is uniquely qualified to operate the Rodeway Inn, having partnered with Alameda County to operate 7 noncongregate interim housing projects at 7 Project Roomkey hotel sites Countywide, including the Rodeway Inn program, and has successfully rehoused over 1000 vulnerable individuals since March 2020 as part of this effort; and

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88 April 26, 2022

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WHEREAS, the City will partner the University of California, Berkeley to assist those living in the Park into the service-ich shelter program at the Rodeway Inn beginning May, 2022.

NOW THEREFORE, BE IT RESOLVED that the Council of the City of Berkeley authorizes the City Manager to enter into a contract and necessary amendments for the period May 1, 2022 through October 31, 2023 with Abode Services for operating a noncongregate interim housing program at the Rodeway Inn.

BE IT FURTHER RESOLVED that the contract amount will not exceed $3,993,397 with a payment of $650,566 to be advanced. Contract payments will be paid from Encampment Resolution Fund grant moneys and a donation from the University of California, Berkeley.

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89 90
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
April 26, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Peter Radu, Assistant to the City Manager Subject: Urgency Ordinance for Leasing the Real Property at 1461 University Avenue

RECOMMENDATION
Adopt an Urgency Ordinance to enter into a lease for the real property located at 1461 University Avenue, Berkeley for a term of 18 months.

FISCAL IMPACTS OF RECOMMENDATION
Total costs for this lease are not to exceed $124 per room per night for 43 rooms, plus a $2000 per room fund for damages payable upon lease termination, for a total $3,005,270, which will be paid for using State of California Encampment Resolution Funding grant funds as well as funds from the University of California, Berkeley. These funds will be appropriated in the Second Amendment to the FY 2022 Annual Appropriations Ordinance.

CURRENT SITUATION AND ITS EFFECTS
Pursuant to Article XIV of the City Charter, this urgency ordinance is needed for the “immediate preservation of the public peace, health or safety” in light of the current shelter crisis and planned affordable housing development at People’s Park. By adopting this agreement through an Urgency Ordinance, it will be possible to execute a lease with an effective date of May 1, 2022, thus allowing sufficient time to ensure those who are currently living in People’s Park have a safe, indoor destination when the Park closes for construction.

On March 8, 2022, the Council adopted a resolution authorizing the City Manager to contract with the State of California for just over $4.7M in funding from the Encampment Resolution Funding grant program. Staff submitted an application to this grant opportunity in December 2021, proposing to use the funds, along with some funding provided by the University of California, Berkeley, to operate non-congregate interim housing at the Rodeway Inn for the cohort of individuals currently living in the encampment at People’s Park.

Since that time, staff have secured an agreement with the Rodeway Inn’s ownership to lease 43 rooms at the Rodeway for this purpose. The proposed lease, as specified in

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91 Urgency Ordinance for Lease of Real Property at 1461 University Avenue CONSENT CALENDAR April 26, 2022

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Exhibit A attached to this report, covers 43 rooms at a flat price of $124 per room per night, as well as a damage fund not to exceed $2000/room payable at the end of the lease, for a total amount not to exceed $3,005,270. This includes regular cleaning, linen service, and supplies to the rooms. Staff propose to contract with Abode Services to provide the social services component of the program and are bringing that to Council in a separate report. An agreement to receive funds from UC Berkeley is also being brought to Council in a separate report.

Increasing access to interim housing for persons experiencing homelessness is consistent with the City’s strategic priorities.

BACKGROUND
In February 2022, the City was awarded just over $4.7M in State of California Encampment Resolution Funding grant funds to operate the Rodeway Inn as the primary interim housing option for people living in People’s Park. On March 8, the Council authorized the acceptance of the Encampment Resolution Funding grant funds.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental impacts associated with this lease. Providing noncongregate interim housing for those currently living in People’s Park will reduce the likelihood that those individuals are displaced to other outdoor locations when construction begins at the Park, thus reducing the overall negative impact of encampments on Berkeley’s environment and waterways.

RATIONALE FOR RECOMMENDATION
If adopted, this lease agreement will bring about the opportunity to shelter at least 42 individuals who are currently living in People’s Park. The individuals living there need to be provided safe, low barrier interim housing options in order to secure the site for development of affordable student housing and affordable housing including permanent supportive housing for persons experiencing homelessness. Adopting the agreement by Urgency Ordinance is appropriate in light of the current shelter crisis and planned affordable housing development at People’s Park. By adopting this agreement through an Urgency Ordinance, it will be possible to execute a lease with an effective date of May 1, 2022.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Peter Radu, Assistant to the City Manager, 510 981-7045 Attachments:
1: Ordinance
Exhibit A: Lease Agreement

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ORDINANCE NO. X,XXX N.S.

URGENCY ORDINANCE AUTHORIZING THE CITY MANAGER OR HER DESIGNEE

TO EXECUTE A LEASE AND ANY NECESSARY AMENDMENTS WITH SHREE

JALASAI LODGING, LP, DBA RODEWAY INN, BERKELEY, FOR REAL PROPERTY LOCATED AT 1461 UNIVERSITY AVENUE, BERKELEY, CA.

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

Section 1. The City Council finds as follows:
a. The City of Berkeley is facing a growing housing and homelessness crisis, in part exacerbated by the acute lack of affordable student housing and supportive housing for people experiencing homelessness; and
b. To help address this crisis, on December 14, 2021, the City Council affirmed its support of the development of People’s Park into affordable housing, including permanent supportive housing for people experiencing homelessness, by unanimously voting to commit $14.4M in funding to help close the financing at this development; and
c. Providing low-barrier, noncongregate interim housing options will be critical to end the unsheltered status and avoid the mere displacement of those currently living in People’s Park to the surrounding communities of Berkeley; and d. On December 29, 2021, City staff partnered with the University of California, Berkeley to submit a grant application to the State of California, requesting $4,708,015 in Encampment Resolution Funding (ERF) grant funds for one year of operations at the Rodeway Inn on University Avenue in Berkeley, which staff proposed as the primary interim housing option for those in the Park; and e. On February 24, 2022, the City learned that its ERF grant had been funded by the State in full; and
f. The property owner, Shree Jalasai Lodging, LP, dba Rodeway Inn, Berkeley, has offered to lease 43 rooms at the property at 1461 University Avenue, Berkeley, at a rate of $124 per room per night and $2000 per room in damage funds, to the City for purposes of establishing a homeless shelter for 18 months.

Section 2. The City Manager or her designee is hereby authorized to enter into a lease and necessary amendments starting May 1, 2022 with Shree Jalasai Lodging, LP, dba Rodeway Inn, Berkeley for real property located at 1461 University Avenue on substantially the same terms as set forth in Exhibit A. The rent will be $124 per room per night, including $2000 per room in damage funds, and will be paid by State of California Encampment Resolution Funding grant funds and funds from the University of California, Berkeley.

Section 3. This Ordinance is adopted as an urgency ordinance pursuant to the Charter of the City of Berkeley, Article XIV, Section 93 and shall be effective immediately. The City Council finds and determines that the adoption of this Ordinance as an urgency ordinance is necessary for the immediate preservation of the public peace, health and safety of the residents of the City of Berkeley.

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Section 4. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of Old City Hall, 2134 Martin Luther King Jr. Way within fifteen calendar 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.

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94 Exhibit A
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SF #4869-4403-7910 v1

CITY OF BERKELEY

EMERGENCY OCCUPANCY AGREEMENT

OCCUPANCY AGREEMENT COVERING PREMISES
LOCATED AT:

Rodeway Inn
1461 University Avenue, Berkeley, CA 94702
OWNER'S FED. TAX. I.D., NO. OR SOCIAL SECURITY NO.:
01-0973390
File No:

TENANT:

City of Berkeley
THIS OCCUPANCY AGREEMENT, made and entered into this ____ day of ____________ 2022 by and between
SHREE JALASAI LODGING, LP dba RODEWAY Inn, Berkeley
hereinafter called the Owner, without distinction as to number or gender, and the City of Berkeley, hereinafter called the City (“Occupancy Agreement”). This Occupancy Agreement is entered into for the purposes of providing interim housing for persons experiencing homelessness in Berkeley, California.

Owner is the record owner of or authorized party to grant such rights concerning certain real property defined as the Premises herein situated in the County of Alameda, State of California and has the authority to grant the rights contained herein this Occupancy Agreement to the City.

WITNESSETH

1. The Owner hereby authorizes the City and the City hereby hires from the Owner those certain premises “AS IS” with appurtenances situated in the City of Berkeley, County of Alameda, State of California, and more particularly described as follows:

The Forty-Three (43) rooms (collectively, the “Rooms”) located at 1461 University Avenue, Berkeley, CA as outlined in red on the attached Exhibit A - Aerial Site Plan, consisting of one (1) page, dated June 14, 2020, said Exhibit A, hereby being incorporated into this Occupancy Agreement, and including all parking spaces contiguous to the subject hotel building, and unlimited use of the building's common facilities (collectively, the “Premises”). The City shall have exclusive access to and use of the Premises set forth in this Occupancy Agreement twenty-four (24) hours per day, seven (7) days per week with no exceptions. During the Term, Owner shall not rent or allow occupancy of any room or facilities in the hotel.

2. The term of this Occupancy Agreement shall commence on May 1, 2022, with the City taking physical occupancy on May 15, 2022, and continue for eighteen (18) months until October 31, 2023; however, at any time after the first twelve (12) months of the Term (any time after April 30, 2023), the City shall have the right to terminate this Occupancy Agreement at any time by giving written notice to the Owner at least sixty (60) days prior to the date when such termination shall become effective (the “Term”). If the City fails to move out by the end of the Term, additional Preamble
Description
Term; Early
Termination

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95 Exhibit A
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SF #4869-4403-7910 v1
rent shall be paid and prorated on a 30-day month, based on the actual number of days the City occupies the Premises following the effective date of termination.

3. Rent payments shall be paid by the City, from legally available funds and subject to the California Constitution, in arrears on the last day of each month during said term as follows:

THE DAILY ROOM RATE SHALL BE ONE HUNDRED TWENTY-FOUR
AND 00/100 DOLLARS ($124.00) PER GUEST ROOM (“RENT”),

REGARDLESS OF WHETHER THE GUEST ROOM IS OCCUPIED OR
NOT. OTHER THAN THE RENT AND PAYMENT FOR ROOM

RESTORATION DESCRIBED BELOW, THE CITY SHALL NOT BE
RESPONSIBLE FOR ANY OTHER PAYMENT TO OWNER.

Rent shall be paid to Owner at the address specified in Paragraph 4 or to such other address as the Owner may designate by a notice in writing.

4. All notices and correspondence herein provided to be given, or which may be given by either party to the other, shall be deemed to have been fully given when made in writing and either: 1) deposited in the United States Mail, certified and postage prepaid; or 2) sent via an alternate commercial overnight delivery service (i.e. FedEx or similar) with receiver’s signature required; and addressed as follows:

To the Owner: Shree Jalasai Lodging, LP
Jaydipsinh (Jay) Devdhara, Manager
547 35th Avenue
San Francisco, CA 94121
Phone No.: 415-812-0756
Hotel No.: 510-848-3840
Email: [email protected]
To the City: City Manager’s Office
City of Berkeley
2180 Milvia St, 5th Floor
Berkeley, CA 94704
Attn: Peter Radu
Phone No. (510) 981-7045
Email: [email protected]
ALL NOTICES AND CORRESPONDENCE MUST REFERENCE PREMISES ADDRESS.

Rent warrants shall be made payable to:

Shree Jalasai Lodging, LP,
and mailed to: 1461 University Avenue
Berkeley, CA 94702
Attn: Jay Devdhara

Nothing herein contained shall preclude the giving of any such written notice by personal service so long as it is acknowledged in writing by the parties. The address to which notices and Rent and
Invoicing
Notices

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96 Exhibit A
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SF #4869-4403-7910 v1
correspondence shall be mailed to either party may be changed by giving written notice to the other party.

5. Parking spaces, upon commencement of the Term of the Occupancy Agreement, shall be unobstructed and completely accessible for City’s use. Parking spaces shall be provided at no additional charge.

6. Owner, at Owner’s sole cost and expense, shall furnish normal and standard hotel operation functions, such as utilities and supplies, including without limitation the following:
electricity and gas for heating, ventilating, air-conditioning and gas and electric services as the City needs for its operations, sewer, trash disposal up to 3 yards per week, hot and cold water service, internet, linen and laundry service, housekeeping and janitorial service, including toiletries, not less than every 3 days.

All housekeeping/janitorial services, as well as linen/terry and laundry services shall be provided in accordance with any applicable, current health and safety protocols established by public health officials as detailed in Exhibit C.

If Owner fails to provide the foregoing services or utilities, City may furnish the same and deduct the cost, plus City’s administrative expenses, from the Rent.

7. During the Term of this Occupancy Agreement, the Owner shall maintain the Premises in good repair and tenantable condition. With 24 hours’ written notice given, Owner reserves the right to inspect any Room upon request. Owner warrants and represents the Premises shall be readily accessible to and usable by individuals with disabilities in compliance with Title III of the Americans with Disabilities Act of 1990 and California Title 24, as amended from time to time and regulations issued pursuant thereto and in effect from time to time. Any and all costs incurred to cause the Premises to comply with said Act shall be borne by Owner.

8. The City shall have the right to assign this Occupancy Agreement.

9. The Owner agrees that the City, while keeping and performing the covenants herein contained, shall at all times during the existence of this Occupancy Agreement, peaceably and quietly have, hold, and enjoy the Premises without suit, trouble, or hindrance from the Owner or any person claiming under the Owner.

10. If the Premises are totally destroyed by fire or other casualty, this Occupancy Agreement shall terminate. If such casualty shall render ten percent (10%) or less of the floor space of the Premises unusable for the purpose intended, Owner shall effect restoration of the Premises as quickly as is reasonably possible, but in any event within thirty (30) days.

In the event such casualty shall render more than ten percent (10%) of such floor space unusable but not constitute total destruction, Owner shall forthwith give notice to City of the specific number of days required to repair the same. If Owner under such circumstances shall not give such notice within fifteen (15) calendar days after such destruction, or if such notice shall specify that such repairs will require more than ninety (90) days to complete from date such notice is given, City, in either such event, at its option may terminate this Occupancy Agreement or, upon notice to Owner, may maintain occupancy and elect to undertake the repairs itself, deducting the cost thereof from the Rent due or to become due under this Occupancy Agreement and any other occupancy agreement between Owner and City.

In the event of any such destruction other than total, where the City has not terminated the Occupancy Agreement as herein provided, or pursuant to the terms hereof has not elected to make the repairs itself, Owner shall diligently prosecute the repair of said Premises and, in any event, if said repairs are not completed within the period of thirty (30) days for destruction aggregating ten percent (10%) or less of the floor space, or within the period specified in Owner's notice in connection with partial destruction aggregating more than ten percent (10%), the City Parking
Services,
Utilities, and
Supplies
Repair and
Maintenance
Assignment
Quiet
Possession
Destruction

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97 Exhibit A
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SF #4869-4403-7910 v1
shall have the option to terminate this Occupancy Agreement or complete the repairs itself, deducting the cost thereof from the Rent due or to become due under this Occupancy Agreement and any other occupancy agreement between Owner and City.

It is understood and agreed that the City or its agent has the right to enter the destroyed or partially destroyed Premises no matter what the condition. At the City's request, the Owner shall immediately identify an appropriate route through the building to access the Premises. If the Owner cannot identify an appropriate access route, it is agreed that the City may use any and all means of access at its discretion in order to enter the Premises.

11. To the extent authorized by any fire and extended coverage insurance policy issued to Owner on the Premises, Owner hereby waives the subrogation rights of the insurer, and releases the City from liability for any loss or damage covered by said insurance.

12. For those projects defined as "public works" pursuant to Labor Code §1720.2, the following shall apply:

A. Owner/contractor shall comply with prevailing wage requirements and be subject to restrictions and penalties in accordance with §1770 et seq. of the Labor Code which requires prevailing wages be paid to appropriate work classifications in all bid specifications and subcontracts.

B. The Owner/contractor shall furnish all subcontractors/employees a copy of the Department of Industrial Relations prevailing wage rates which Owner will post at the job site. All prevailing wage rates shall be obtained by the Owner/contractor from:

Department of Industrial Relations
Division of Labor Statistics and Research
455 Golden Gate Avenue, 8th Floor
San Francisco, California 94102
Phone:(415) 703-4774
Fax: (415) 703-4771
For further information on prevailing wage: http://www.dir.ca.gov/dlsr/statistics_research.html C. Owner/contractor shall comply with the payroll record keeping and availability requirement of §1776 of the Labor Code.

D. Owner/contractor shall make travel and subsistence payments to workers needed for performance of work in accordance with the Labor Code.

E. Prior to commencement of work, Owner/contractor shall contact the Division of Apprenticeship Standards and comply with §1777.5, §1777.6, and §1777.7 of the Labor Code and Applicable Regulations

13. During the Term of this Occupancy Agreement, the Owner shall not deny benefits to any person on the basis of religion, color, ethnic group identification, sex, age, physical or mental disability, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, mental disability, medical condition, marital status, age, or sex. Owner shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.

Owner shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.), the regulations promulgated thereunder (California Code of Regulations, Title 2, Section 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Government Code, Sections 11135-11139.8), and the regulations or standards adopted by the awarding City to implement such article.

Subrogation
Waived
Prevailing
Wage
Provision
Fair
Employment
Practices

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98 Exhibit A
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SF #4869-4403-7910 v1

14. In the event the City remains in possession of the Premises after the expiration of the Occupancy Agreement Term, or any extension or renewal thereof, this Occupancy Agreement shall be automatically extended on a month to month basis, subject to a thirty day (30) day termination by the City and otherwise on the terms and conditions herein specified, so far as applicable. If the City fails to vacate the Premises within the notice period and remains for an extended period, additional rent shall be paid and prorated on a thirty (30) day month, based on the actual number of days the City occupies the Premises following the effective date of termination. Any such payments for additional rent shall be limited to the actual number of Rooms occupied by the City following the effective date of termination.

15. Upon termination or expiration of this Occupancy Agreement, the City will peacefully surrender to the Owner the Premises in good order, except for reasonable use and wear thereof and damage by earthquake, fire, public calamity, the elements, acts of God, or circumstances over which City has no control or for which Owner is responsible pursuant to this Occupancy Agreement. Notwithstanding the foregoing, City’s obligation to restore the Premises shall be limited to and in accordance with paragraph 19.

16. Time is of the essence of this Occupancy Agreement, and the terms and provisions of this Occupancy Agreement shall extend to and be binding upon and inure to the benefit of the heirs, executors, administrators, successors, and assigns to the respective parties hereto. All of the parties hereto shall be jointly and severally liable hereunder.

17. It is mutually understood and agreed that no alterations or variations of the terms of this Occupancy Agreement shall be valid unless made in writing and signed by the parties hereto, and that no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto.

18. City agrees that it will comply with all applicable laws existing during the Term of this Occupancy Agreement pertaining to the use, storage, transportation, and disposal of any hazardous substance as that term is defined in such applicable law. In the event a government order is issued naming the City or the City incurs any liability during or after the Term of this Occupancy Agreement in connection with contamination which pre-existed the City's obligations and occupancy under this Occupancy Agreement or which were not caused by the City, Owner shall hold harmless, indemnify, and defend the City in connection therewith and shall be solely responsible as between City and Owner for all efforts and expenses thereto.

19. Upon termination of this Occupancy Agreement, Owner agrees that the equipment installed by the City shall be and remain the property of the City, and City shall remove such property when vacating the Premises. At the end of the Term, the City will reimburse the Owner a Fee not to exceed $2,000.00 per Room for the actual out-of-pocket costs to replacing any damaged furniture, flooring and/or hard goods, beds and/or soft goods in the Rooms and any required deep cleaning, including pest control and heat treatments. Subject to the $2,000.00 per Room cap, City shall pay the amount due to Owner within thirty (30) days of City’s receipt of Owner’s proof of payment including actual costs for the goods, services and labor, which may include Owner’s labor expenses, in order for the hotel to be able to transition back to operating at capacity once this Occupancy Agreement terminates. City’s obligation to restore the Premises to its condition prior to taking occupancy, subject to the limits in paragraph 15, shall be limited to the terms of this paragraph 19. The Owner reserves the right not to repair/replace any damages caused maliciously or intentionally by the City or its program guests in excess of the $2,000.00 per Room reimbursement cap. The City will include language in any program guest agreement paperwork stipulating that excessive damages caused to the Room may be grounds for discharge from the program.

20. Owner shall permit City to access to those Rooms on the Premises that are not undergoing rehabilitation or repairs beginning on May 1, 2022, and all Rooms beginning May 15, Holding Over
Surrender of
Possession
Time of
Essence,
Binding upon
Successors
No Oral
Agreements
Hazardous
Substance
Restoration of
Premises
Access

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99 Exhibit A
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SF #4869-4403-7910 v1
2022, to stage and prepare the Premises for occupants, or for any other purpose the City deems necessary.

21. The City agrees to indemnify and hold harmless the Owner in the event of any claim, demand, cause of action, judgments, obligations, or liabilities, and all reasonable expenses which Owner may suffer as direct and proximate result of the negligence or other wrongful act or violation of law by the City, its employees, or any person or persons acting under the direct control and authority of the City or its employees, in connection with the City's occupancy of the Premises under and during the Term of this Occupancy Agreement and agrees to repair or pay for any damage proximately caused by reason of the City’s use of the Premises during the Term of this Occupancy Agreement, including fire damage caused by City occupants’ sole negligence or arson, except to the extent that any such damages suffered by Owner are the result of Owner's negligent or wrongful acts or the acts of any persons acting under or on behalf of the Owner and/or where the City is found to have no liability by reason of any immunity arising by statute or common law in connection with the fulfillment of the City's constitutional and statutory public responsibilities.

Owner agrees to indemnify and hold harmless the City in the event of any claim, demand, cause of action, judgments, obligations, or liabilities, and all reasonable expenses which City may suffer as direct and proximate result of the negligence or other wrongful act or violation of law by the Owner, its employees, or any person or persons acting under the direct control and authority of the Owner or its employees, in connection with the City's occupancy of the Premises under and during the Term of this Occupancy Agreement except to the extent that any such damages or expenses suffered by City are the result of City’s sole negligence. Owner specifically waives any claim to special or consequential damages it may have against City, including but not limited to claims concerning business reputation. Owner’s defense and indemnity obligations under this paragraph shall not be limited by the policy limits of any policy of insurance.

Owner shall maintain in force at all times such policies of insurance as specified in Exhibit B, and shall abide by all of the terms and conditions of Exhibit B, which are incorporated by reference as if set forth in full herein.

For the Term of this Occupancy Agreement, City shall self-insure or maintain, at its own expense, Comprehensive general liability insurance in an amount not less than ONE MILLION DOLLARS ($1,000,000) combined single and aggregate limits for both bodily injury and property damage, personal injury, completed operations and products liability. City insures City's personal property located on or in the Premises.

22. Owner is solely responsible for all tax liabilities, including property taxes.

23. Owner shall not rent or allow occupancy of any vacant rooms or facilities in the hotel during the Term of the City’s occupancy of the Premises.

24. Owner and City understand that they shall not receive rent, fees, or any other form of payments or consideration, or gifts from occupants of Rooms in exchange for access to or use of the Premises. Owner and City also understand that neither has entered into any contract with the occupants of the Rooms related to the use of the Premises within the meaning of California Civil Code section 1925. The occupants of the Rooms are not persons who hire any dwelling unit from Owner or City within the meaning of California Civil Code section 1940 and are not subject to the benefits of the California Civil Code or any other state statutes, rules, or regulations or local government rules, regulations or ordinances that confer tenancy rights on the occupants.

25. In the event of a breach by the Owner of any term or provision of this Occupancy Agreement, the City shall have the right to pursue all available remedies at law or equity, Indemnification
and Insurance
Taxes
Exclusive Use
Occupancy of
Premises
Remedies

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100
Exhibit A
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SF #4869-4403-7910 v1
including recovery of damages and specific performance of this Occupancy Agreement. The parties hereto agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by Owner of any of the provisions of this Occupancy Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, Owner shall waive the defense that a remedy at law would be adequate. Except as expressly provided elsewhere in this Occupancy Agreement, each party's rights and remedies under this Occupancy Agreement are cumulative and in addition to, not exclusive of or in substitution for, any rights or remedies otherwise available to that party.

26. By executing this Occupancy Agreement, Owner certifies that it does not know of any fact which constitutes a violation of California Government Code Section 1090, Berkeley City Charter Section 36 and B.M.C. Chapter 3.64, and further agrees promptly to notify the City if it becomes aware of any such fact during the Term of this Occupancy Agreement.

HOTEL LABOR PROVISIONS

27. During the Term of this Occupancy Agreement, no employee shall be terminated except for just cause.

28. The Owner shall comply with all local, state and federal wage-and-hour and other employment standards laws covering employers in the hotel industry. The City shall have the right to audit the Owner for compliance with such wage-and-hour and other employment-standards laws.

29. In the event a room is to be cleaned while it is occupied by a guest, Owner shall ensure that at least two employees are present to do so. Owner shall furthermore ensure that personnel or a manager are readily accessible to provide assistance while such occupied rooms are being cleaned, and shall follow any local law requiring the provision of “panic buttons” or emergency contact devices to employees.

30. In the event that an employee has a reasonable concern that an assignment does not conform to Exhibit C and thus places their health and safety at risk, the employee may refrain from performing the assignment. No employee shall suffer retaliation from doing so. Owner shall ensure employees have read, understood and follow all safety provisions in Exhibit C, which will be updated from time to time.

31. Owner will comply with the March 31, 2020 Alameda County Health Order Section 13(h) and take all necessary and reasonable steps to ensure employees are in compliance with the order as it applies to Essential Businesses. As future Health Orders have been or are released, Owner shall follow all applicable requirements. Owner shall take reasonable steps to ensure employees are able to remain at least six (6) feet apart from other hotel personnel and guests while they are performing their assigned work and during breaks, in addition to any other social distancing protocols required by state or local public health agencies. In no event shall any employee be required to work within six feet of, or in the same room as, an individual who is under quarantine or in isolation, or who has or is suspected to have COVID-19.

32. Owner will comply with all relevant CDC standards, as listed in Exhibit C of this Occupancy Agreement.

33. Employees shall be considered third-party beneficiaries of the requirements set forth in Paragraphs 27-33.

CITY OF BERKELEY PROVISIONS
Conflict of
Interest
Employment
Health &
Safety
Enforcement

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101
Exhibit A
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SF #4869-4403-7910 v1

34. City Non-Discrimination Ordinance. Owner hereby agrees to comply with the provisions of the Berkeley Municipal Code (“B.M.C.”), including without limitation Chapter 13.26, as amended from time to time. In the performance of its obligations under this Occupancy Agreement, Owner agrees as follows:
a. Owner shall not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, national origin, age (over 40), sex, pregnancy, marital status, disability, sexual orientation or AIDS.
b. Owner shall permit City access to records of employment, employment advertisements, application forms, EEO-1 forms, affirmative action plans and any other documents which, in the reasonable opinion of City, are necessary to monitor compliance with this non-discrimination provision. In addition, Owner shall fill out, in a timely fashion, forms supplied by City to monitor this non-discrimination provision.

35. Non-Discrimination Against Persons With Disabilities. a. If Owner provides any aid, service or benefit to others on the City’s behalf, Owner shall, in the provision of such aid, service or benefit, observe and comply with all applicable provisions of Title II of the Americans with Disabilities Act of 1990 and any amendments thereto. Owner shall further observe and comply with all applicable federal, state, municipal and local laws, ordinances, codes and regulations prohibiting discrimination against individuals with disabilities or ensuring that individuals with disabilities are not excluded from participating in or receiving benefits, services or activities of the City, if applicable. b. If Owner is or becomes a “public accommodation” as defined in Title III of the Americans with Disabilities Act of 1990, Owner shall observe and comply with all applicable provisions of the Act and any amendments thereto, and all applicable federal, state, municipal and local laws, ordinances, codes and regulations prohibiting discrimination on the basis of disability in the full and equal enjoyment of goods, services, facilities, privileges, advantages, or accommodations offered by the Owner. All of Owner’s activities must be in accordance with these laws, ordinances, codes, and regulations, and Owner shall be solely responsible for complying therewith.

36. Conflict of Interest Prohibited.
a. In accordance with California Government Code Section 1090, Berkeley City Charter Section 36 and B.M.C. Chapter 3.64, neither Owner nor any employee, officer, director, partner or member of Owner, or immediate family member of any of the preceding, shall have served as an elected officer, an employee, or a committee or commission member of City, who has directly or indirectly influenced the making of this Occupancy Agreement.
b. In accordance with California Government Code Section 1090 and the Political Reform Act, (Government Code Section 87100 et seq.,) no person who is a director, officer, partner, trustee, employee or consultant of Owner, or immediate family member of any of the preceding, shall make or participate in a decision made by City or any of its boards, commissions or committees, if it is reasonable foreseeable that the decision will have a material effect on any source of income, investment or interest in real property of that person or City, except to the extent permitted by 2 California Code of Regulations, Section 18700(c)(2).

Interpretation of this paragraph shall be governed by the definitions and provisions use in the Political Reform Act, Government Code section 87100 et seq., its implementing regulations, manuals and codes, Government Code section 1090, Berkeley City Charter section 36 and B.M.C. Chapter 3.64, as amended from time to time.

37. Nuclear Free Berkeley. Owner agrees to comply with B.M.C. Chapter 12.90, the Nuclear Free Berkeley Act, as amended from time to time.

38. Oppressive States.

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102
Exhibit A
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SF #4869-4403-7910 v1
a. In accordance with Resolution No. 59,853-N.S., Owner certifies that it has no contractual relations with, and agrees during the Term of this Occupancy Agreement to forego contractual relations to provide personal services to, the following entities:
i. The governing regime in any Oppressive State.
ii. Any business or corporation organized under the authority of the governing regime of any Oppressive State.
iii. Any individual, firm, partnership, corporation, association, or any other commercial organization, and including parent-entities and wholly-owned subsidiaries (to the extent that their operations are related to the purpose of this Occupancy Agreement) for the express purpose of assisting in business operations or trading with any public or private entity located in any Oppressive State. b. For purposes of this Occupancy Agreement, the Tibet Autonomous Region and the provinces of Ado, Kham, and U-Tsang shall be deemed Oppressive States. c. Owner’s failure to comply with this paragraph 60 shall constitute a default of this Occupancy Agreement and Owner may terminate this Occupancy Agreement on five days’ written notice to Owner. In the event that City terminates this Occupancy Agreement due to a default under this provision, City may deem Owner a non-responsible bidder for five (5) years from the date this Occupancy Agreement is terminated.

39. Berkeley Sanctuary City Ordinance.

Owner hereby agrees to comply with the provisions of the Sanctuary City Contracting Ordinance, B.M.C. Chapter 13.105. In accordance with this Chapter, Owner agrees not to provide the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security with any Data Broker or Extreme Vetting Services as defined herein:
a. “Data Broker” means either of the following: (1) The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies; (2) the aggregation of data that was collected for another purpose from that for which it is ultimately used. b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services. Extreme Vetting does not include: (1) The City’s computer-network health and performance tools; (2) Cybersecurity capabilities, technologies and systems used by the City of Berkeley Department of Information Technology to predict, monitor for, prevent, and protect technology infrastructure and systems owned and operated by the City of Berkeley from potential cybersecurity events and cyber-forensic based investigations and prosecutions of illegal computer-based activity.

IN WITNESS WHEREOF, this Occupancy Agreement has been executed by the parties hereto as of the dates written below.

CITY:

CITY OF BERKELEY
By
_________________________
Date

Approved as to Form
____________________

CITY ATTORNEY
By__________________

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Internal
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OWNER:

SHREE JALASAI LODGING, LP
By ________________

JAYDIPSINH DEVDHARA,
Managing Member
Date
Date

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11 SF #4869-4403-7910 v1
https://earth.google.com/web/search/1461+University+Avenue,+Berkeley,+CA,+USA/@37.87032048,- 122.28330065,30.80211199a,0d,88.22010856y,332.71991788h,99.18980124t,0r/data=CigiJgokCREM3 UOQ70JAEbC2JKSD70JAGVEzhUqikV7AIbHGd7y7kV7AIhoKFjU5X3JJblpMcGVoejFhY2NGaTRkT3cQ Ag

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Exhibit A
Aerial Site Plan
This is an aerial site plan including all parking spaces contiguous to the subject hotel building. https://earth.google.com/web/search/1461+University+Avenue,+Berkeley,+CA,+USA/ @37.87052798,-122.28331165,29.73265671a,130.83737455d,35y,0.00000001h,44.99566261t,360r/ data=CigiJgokCRE M3UOQ70JAEbC2JKSD70JAGVEzhUqikV7AIbHGd7y7kV7A Dated 06/14/2020
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12 SF #4869-4403-7910 v1
b. If the commercial general liability insurance referred to above is written on a Claims Made Form then, following termination of this Contract, coverage shall survive for a period of not less than five years.

Coverage shall also provide for a retroactive date of placement coinciding with the effective date of this Contract.
c. If Contractor employs any person, it shall carry workers’ compensation and employer’s liability insurance and shall provide a certificate of insurance to the City. The workers’ compensation insurance shall: 1) provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance except upon thirty (30) days written notice to the City’s Contract Administrator; 2) provide for a waiver of any right of subrogation against City to the extent permitted by law; and 3) shall be approved as to form and sufficiency by the Contract Administrator. d. Contractor shall forward all insurance documents to:

Department Name: City Manager
Department Address: 2180 Milvia Street, Berkeley, CA 94704

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Exhibit B
City of Berkeley Minimum Insurance Requirements
a. Contractor shall maintain at all times during the performance of this Contract a commercial general liability insurance policy with a minimum occurrence coverage in the amount of $2,000,000 (two million dollars); an automobile liability insurance policy in the minimum amount of $1,000,000 (one million dollars); and, if any licensed professional performs services under this contract, a professional liability insurance policy in the minimum amount of $1,000,000 to cover any claims arising out of Contractor’s performance of services under this Contract. All insurance, except professional liability, shall name the City, its officers, agents, volunteers and employees as additional insureds or certificate holder and shall provide primary coverage with respect to the City.

All insurance policies shall: 1) provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said policies except upon thirty (30) days written notice to the City’s Contract Administrator; 2) be evidenced by the original Certificate of Insurance, specifying the required coverage and the insurance carrier’s standard additional insured or certificate holder form endorsement; and 3) be approved as to form and sufficiency by the City’s Contract Administrator. The original insurance certificates and all extensions to the insurance certificates should be sent to the address identified below.
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13 SF #4869-4403-7910 v1
 All cleaning shall be performed in alignment with guidelines as set forth in the California State Department of Public Health and CalOSHA’s publication, “COVID-19 INDUSTRY GUIDANCE: Hotels and Lodging”, most recent release date of May 6, 2020 and all updates issued thereafter and incorporated as procedure herein.
 Personal protective equipment and training of housekeepers will be provided in alignment with guidelines available at: https://www.cdc.gov/coronavirus/2019- ncov/community/organizations/cleaning-disinfection.html  Owners shall ensure compliance with social distancing protocol as required and updated by the local health official and as first introduced in the 3/31/20 Alameda County Health Order Section 13(k).  Owner shall ensure that employees are provided break rooms in compliance with social distancing protocols that avoid congregate settings.
 Owner shall ensure that employees are practicing social distancing while performing all functions.

Sanitation of Guest Rooms During Guest Stays
Owner will provide guests cleaning supplies at the beginning of their stay to maintain cleanliness of their own rooms, and informed of their responsibility to maintain cleanliness of their rooms. Hotel staff will not enter the guest rooms during guest stays. Any towels and linens that the guest would like to be laundered may be left outside their door every third day in single-use, sealed bags within an established laundry pickup schedule every 3 days, to be exchanged for a clean set of towels and linens. *City reserves the right to modify these requirements as necessary to conform to any changes to rules, regulations, guidance or advice from public health officials. -

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Exhibit C
Health and Safety Requirements for Housekeeping and Hotel Staff* Sanitation of Rooms Between Guest Departure and Arrival In addition to standard room cleaning procedures usually followed by the hotel provider between guest departures and arrivals, hotel staff will take the following additional cleaning measure for room cleaning between guests:
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CONSENT CALENDAR
April 26, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Peter Radu, Assistant to the City Manager Subject: Contract: Village of Love to Operate the Telegraph Neighborhood Sacred Rest Drop-In Center

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a contract with Village of Love to operate a daytime drop-in center for people experiencing homelessness, in an amount not to exceed $250,000 for the term of June 1, 2022 to May 31, 2023.

FISCAL IMPACTS OF RECOMMENDATION
If approved, this resolution will result in an expenditure contract with Village of Love for an amount not to exceed $250,000 for 12 months of program operations through May 31, 2023. This contract will be funded by the 2021 payment made by the University of California, Berkeley to the City pursuant to the 2021 UC Berkeley – City of Berkeley Settlement Agreement, as stipulated in the terms of the agreement. The City received the 2021 payment in the amount $4.1 million in August 2021 and these funds including the $250,000 for this contract were appropriated as part of the First Amendment to the FY 2022 Annual Appropriations Ordinance.

CURRENT SITUATION AND ITS EFFECTS
In an effort to create a much-needed increase in the supply of affordable student housing and affordable housing to people experiencing homelessness, the City Council committed $14.4M in City funding, and authorized staff to apply for up to $20M more in State funding, to support the development at People’s Park. In order for development on the student housing portion of the site, the unsheltered individuals who currently call the Park home will need to be provided an array of services to end their unsheltered status.

Furthermore, the population of people experiencing homelessness in the greater Telegraph District/Southside neighborhood are less well served by existing City resources, than people living Downtown, and in South, and West Berkeley.

In May 2020, the University commissioned a study from the Goldman School of Public Policy to consult with individuals living in People’s Park and receive recommendations and best practices that would best serve their transition out of homelessness. One idea that was given voice by these unhoused residents was a daytime drop-in center which would provide a safe place, outside of the encampment setting, for them to eat a snack,

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wash up, use the restroom, access showers, store belongings, and consult with service providers who could help make referrals to existing services. This model—given voice directly by the people who will be invited to use it—will be supported by the University’s Homeless Outreach Coordinator as well as students and researchers from the Schools of Social Welfare and Public Health, and is an important component of the City and University’s joint effort to resolve the encampment at People’s Park by tailoring services to each individual’s unique needs and wants.

In January, the University secured a vote from the leadership of First Presbyterian Church of Berkeley to provide a vacant lot on Haste Street, owned by the Church, for the drop-in center. The University is providing the full cost of capital development at the site to construct the center. In March, the University announced that it had selected and awarded a grant to a social services provider, the Village of Love, to operate the drop-in center and provide services. The scope of work includes a drop-in center open M-F 9:30 am – 4:30 pm that provides snacks and water to participants, a full-time housing navigator, access to computers for housing and employment applications and other business, transportation assistance, storage lockers, and a mail program. The Village of Love will hold the lease with First Presbyterian Church for access to and use of the site.

The terms of the UC Berkeley – City of Berkeley Settlement Agreement require that the City commit from the 2021 annual payment “An amount determined through joint planning between the City and the University will be allocated to fund a day-time drop- in/service center in the Telegraph area for the unhoused population.” After joint consultation with City and University staff leadership, the City identified $250,000 to operate the program for one year.

Staff are recommending that the Council forego a competitive bidding process (Request for Proposals) for this contract. Since the University has already identified a service provider, a leasing mechanism for the site, and is paying the full cost of the capital expenses associated with the development of the center—and since the City is required to jointly fund this effort pursuant to the Settlement Agreement—there is no competitive process to be had for this contract.

If approved, the contract with Village of Love will commence on June 1, 2022 and extend through May 31, 2023, with the option for the City Manager to extend the term at no cost if necessary. The University’s drop-in center plans are for a two-year lease and a two-year program; however, since the City has never contracted with Village of Love before, staff are recommending a one-year contract and funding commitment at this time, which enables the City to evaluate the agency’s performance before recommending an extension.

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BACKGROUND
On July 27, 2021, the City and University executed the Joint Settlement Agreement which, among other things, commits the City to expending from the first annual payment “An amount determined through joint planning between the City and the University will be allocated to fund a day-time drop-in/service center in the Telegraph area for the unhoused population.”
On January 18, 2022, the leadership of the First Presbyterian Church of Berkeley unanimously approved providing access to a vacant lot on Haste Street owned by the Church for the purposes of the drop-in center. On March 2, 2022, the University awarded a $500,000 contract to the Village of Love to provide services and operations for the drop-in center at this site.

ENVIRONMENTAL SUSTAINABILITY
There are no identifiable environmental impacts associated with this report.

RATIONALE FOR RECOMMENDATION
There is an unmet need for services to transition unhoused residents out of People’s Park and into indoor settings, as well as to serve the unhoused in the greater Telegraph District/Southside neighborhood, and an agreement between the University and the City of Berkeley to allocate settlement agreement funds for a day-time drop-in/service center in the Telegraph area for the unhoused population

ALTERNATIVE ACTIONS CONSIDERED
None. Since the University has already identified a service provider, a leasing mechanism for the site, and is paying the full cost of the capital expenses associated with the development of the drop-in center—and since the City is required to jointly fund this effort pursuant to the Settlement Agreement—there is no competitive process to be had for this contract.

CONTACT PERSON
Peter Radu, Assistant to the City Manager, 510-981-7045.

Attachments:
1: Resolution

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RESOLUTION NO. XX,XXX N.S.

AUTHORIZING A CONTRACT WITH VILLAGE OF LOVE TO OPERATE THE

TELEGRAPH NEIGHBORHOOD SACRED REST DROP-IN CENTER FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $250,000 FOR THE PERIOD JUNE 1, 2022 TO MAY 31, 2023.

WHEREAS, the severe lack of housing affordable to University students, as well as people who are experiencing homelessness or insecurely housed, is contributing to an acute housing shortage that is worsening the rates of homelessness in Berkeley; and WHEREAS, to help address this shortage, the City Council committed on December 14, 2021 to contribute $14.4M in City funding, and apply for up to $20M more in State funding, to close the financing for a permanent supportive housing development for people experiencing homelessness at People’s Park; and
WHEREAS, People’s Park is currently home to a large encampment of unsheltered individuals who will need to be provided an array of services to end their unsheltered status; and
WHEREAS, residents of People’s Park were consulted by the University in 2020 to solicit their input as to the services they would require to serve their transition out of the Park, identifying a drop-in Center as a centerpiece program; and WHEREAS, on January 18, 2022, Leadership at the First Presbyterian Church of Berkeley voted unanimously to grant access to and use of a vacant lot on Haste Street owned by the Church to the University for purposes of establishing a daytime drop-in center; and
WHEREAS, in July 2021, the City and University of California, Berkeley entered into the UC Berkeley – City of Berkeley Joint Settlement Agreement; and WHEREAS, the first annual payment of the Settlement Agreement requires that an amount determined through joint planning between the City and the University be allocated to fund a day-time drop-in/service center in the Telegraph area for the unhoused population; and
WHEREAS, the University awarded a grant on March 2, 2022 to the Village of Love to provide services and operations for the drop-in center at this site.

NOW THEREFORE, BE IT RESOLVED that the Council of the City of Berkeley authorizes the City Manager to enter into a contract and necessary amendments including no-cost term extensions for the period June 1, 2022 to May 31, 2023 with Village of Love.

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April 26, 2022

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BE IT FURTHER RESOLVED that the contract amount will not exceed $250,000.

Contract payments will be paid from the 2021 Annual Payment of the UC Berkeley – City of Berkeley Settlement Agreement, pursuant to Section 3.5.3 of that Agreement, providing that the Village of Love provides all necessary contract documents and complies with the contracting process for community agency contracts.

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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
April 26, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Peter Radu, Assistant to the City Manager Subject: Endorsement of the Alameda County Home Together 2026 Implementation Plan

RECOMMENDATION
Adopt a Resolution endorsing the Home Together 2026 Implementation Plan, a community-wide plan for Alameda County which lays out the goals, strategies and investments needed to dramatically reduce homelessness – and reduce racial disparities in the homeless population – by 2026.

FISCAL IMPACTS OF RECOMMENDATION
Approving this recommendation has no direct fiscal impacts. However, in order to be eligible for County passthrough funding for homelessness, including State of California Homeless Housing, Assistance, and Prevention (HHAP) funding, the County expects that Cities endorse this plan, meaning that there are indirect and downstream fiscal benefits to endorsing the plan.

CURRENT SITUATION AND ITS EFFECTS
On any given night in Alameda County, more than 8,000 people experience homelessness—and this figure almost doubles over the course of a year. These numbers, which are derived from the 2019 Point in Time (PIT) Count, have likely increased after the devastating economic impacts of COVID, and the County is in the process of compiling new PIT data after the February 23 count. Overall, Over the past decade, Alameda County and its cities have seen dramatic increases in homelessness, including a staggering 222% increase in unsheltered homelessness. There are also unacceptable racial disparities in who experiences homelessness—while only 11% of the County population identifies as Black, 47% of our homeless population does, more than four times the rate.

In 2021, the State passed AB 140, which included the largest single investment in homelessness ($12B) in our history. This includes $2B over the next two years in Round 3 of the Homeless Housing, Assistance and Prevention (HHAP) program, which provides direct local aid to Counties, Continuums of Care (CoCs), and the State’s 13 Big Cities (populations over 300,000). To be eligible for this funding, local government recipients must submit Local Action Plans that prove how they will use the resources,

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and how those uses will result in measurable impacts to reducing homelessness Statewide. Local plans that were completed in the past three years are eligible to meet this State planning requirement.

To this end, beginning in 2019, Alameda County, CoC and Cities collaborated with federal technical assistance providers to perform a detailed analysis of our homeless system data and meet extensively with people experiencing homelessness. The goal was to understand specifically what was needed to end homelessness, and what it would cost—and hear directly from the people with lived experience about what works and what doesn’t. This effort resulted in the 2021 Centering Racial Equity in Homeless System Design report, which outlined the needs analysis in detail. The Home Together Plan is the County’s blueprint for meeting the State’s Local Action Plan requirement to draw down and leverage significant new State funding.

The Home Together Plan analyses show that without significant additional investments, our County’s homeless population will continue to grow at an exponential rate. The plan specifies that we need 24,000 additional “housing pathways” – i.e., specific interventions to meet the varied needs of people on the streets, which include:
 $430M for shelter - to add new shelter beds, removing barriers to existing beds (allowing pets or removing curfews, for example), and providing needed mental and behavioral health treatment access.
 $1.68B for permanent housing – adding new units to our stock, and increasing spending to subsidize our existing stock.
 $388M for prevention – to add resources to rapidly rehouse those who have recently fallen into homelessness and don’t need significant supportive services, and to target homeless prevention assistance to those who are most likely to wind up on the streets.

The report also demonstrates that we need significant new investments and supports for the nonprofit and government staff who perform this work. The total cost to fully meet these needs, and significantly reduce homelessness, is $2.5B over 5 years.

Thanks to a joint planning effort by the Board of Supervisors and the Alameda County Conference of Mayors, the Home Together plan includes a Framework for City-County Partnership on Resources to End Homelessness, which outlines how city projects will receive priority consideration for County funding under the Home Together Plan. Under this Framework, in order to be eligible for homelessness funding that originates or passes through Alameda County, a City homelessness program must demonstrate how it meets the measurable performance goals outlined in the Home Together Plan.

Projects currently receiving County-administered funding that meet performance benchmarks will receive priority consideration (within applicable procurement guidelines) for future County administered funding, with the goal of preventing

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disruptions in service. Similarly, if a City’s direct allocation of State or Federal resources is one-time or discontinued, projects funded by such sources that meet performance benchmarks will also receive priority consideration to prevent service disruption and any reduction in systemwide capacity. If a program is not found to be eligible for funding or fails to meet performance benchmarks, the City and County work together on a transition plan for impacted participants. New projects are primarily the responsibility of city governments, with the County prioritizing those projects that can demonstrate how they meet performance targets.

The Home Together Plan is included as an Exhibit to this report. In order for jurisdictions like Berkeley to be eligible for County pass-through funding, the County expects that cities endorse the plan, to signal their commitment to prioritizing local investments in accordance with the plan. Staff therefore recommend that the Council endorse the plan.

BACKGROUND
In October 2019, the County initiated the Systems Modeling initiative, which leveraged federal Technical Assistance to perform a detailed analysis of our homeless system data, and conduct a series of in-depth interviews and focus groups with people experiencing homelessness, to determine the scope of the programs and resources that would be needed to significantly reduce homelessness and racial disparities in homelessness across Alameda County. In February 2021, this Modeling effort culminated in the release of the Alameda County CoC’s Centering Racial Equity in Homeless System Design Report.

In July, 2021, the Governor signed AB 140, the State budget bill, which made $2B in local homeless aid resources available to Counties, Continuums of Care (CoCs), and the State’s 13 Big Cities (population of 300,000 or more). In December, 2021, the California Homeless Coordinating and Financing Council (HCFC) released a NOFA for the first $1B tranche of this funding. The Alameda County CoC and Alameda County will submit a joint application for their formula-driven share of this funding stream, which over $23.2M. The NOFA requires that applicants complete a Local Action Plan as part of their submission to the State, which details the scope of homelessness in the jurisdiction and the resources and programs available to address it, and sets performance goals for measurably reducing homelessness in the jurisdiction. The NOFA stipulates that a local analysis completed in the last three years can be submitted in place of the Local Action Plan, so long as the performance goals are also included.

Jurisdictions that meet their performance goals are eligible to draw down on Bonus Funding. The plan must cover the entire CoC (in Alameda County, this includes all 14 cities and the unincorporated County), meaning that each jurisdiction must endorse it in order to be eligible to draw down any passthrough funding.

In May, 2021, a joint meeting of the Alameda County Board of Supervisors and Alameda County Conference of Mayors created a Technical Working Group of staff

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from the County and the Cities of Berkeley, Fremont, Hayward, Livermore, and Oakland (i.e., cities from each major region of the County); the TWG was charged with finding ways to enhance the coordination of the County and its Cities in addressing homelessness, and specifically ways that funding sources could be braided to meet this goal. The TWG met regularly throughout 2021 and developed a Framework for City- County partnership on resources to end homelessness. The Framework, developed by the jurisdictions represented in the TWG, identifies how City homeless projects will be prioritized for County funding consideration. In a joint meeting of the Supervisors and the Mayors on February 24, this framework was unanimously approved and recommended for inclusion in the final Home Together Plan.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no environmental nor climate impacts associated with this recommendation.

RATIONALE FOR RECOMMENDATION
In order to be eligible for State and County homeless funding, the City of Berkeley will need to endorse this plan. Because addressing homelessness and housing insecurity is a key strategic priority of the City Council, endorsing the Home Together Plan is a strategic action if the Council wishes to leverage outside funding sources to address this priority.

ALTERNATIVE ACTIONS CONSIDERED
The Council could identify local general fund sources for homelessness investments.

CONTACT PERSON
Peter Radu, Assistant to the City Manager, 510 981-7045 Attachments:
1: Resolution
Exhibit: Alameda County Home Together 2026 Implementation Plan

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

ENDORSEMENT OF THE ALAMEDA COUNTY HOME
TOGETHER 2026 IMPLEMENTATION PLAN
WHEREAS, the Home Together 2026 Implementation Plan (Home Together 2026) is a community-wide plan for Alameda County which lays out the goals, strategies, and investments needed to dramatically reduce homelessness by 2026 and reverse racial disparities in homelessness through fully centering equity; and
WHEREAS, on any given night over 8,000 people experience homelessness in Alameda County, a number that grows to approximately 15,000 people over the course of a year; and
WHEREAS, more than 90% of the households in Alameda County are adults without children, including nearly 10% who are between the ages of 18 and 24; and
WHEREAS, dramatic racial disparities exist in Alameda County as in the nation as a whole, and the homeless population does not reflect the demographics of the county; and
WHEREAS, in Alameda County, African Americans experience homelessness at more than four times their representation in the population (47% vs. 11%); and
WHEREAS, in Alameda County, Native Americans, multiracial people and Hawaiian Native/Pacific Islanders are all vastly overrepresented in homelessness, among those newly homeless and in the rates at which they return to homelessness even after getting into housing; and
WHEREAS, Home Together 2026 builds and is informed by existing local and regional plans, including the 2020 Centering Racial Equity in Homeless System Design report, All Home Regional Action Plan, and Plan Bay Area 2050; and
WHEREAS, Home Together 2026 is also responsive to requirements laid out in the California Comeback Plan necessary to receive critical State housing and health funding; and
WHEREAS, the homeless system modeling conducted in 2019-20 and updated in 2021 points to significant gaps in the current system in terms of both housing resources and program types; and

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WHEREAS, only an estimated 36% of those experiencing homelessness can be supported by the current system’s resources or are able to find housing or leave homelessness on their own; and
WHEREAS, without significant effort and investment including prevention, shelter expansion, increasing housing solutions, and strengthening the system’s overall capacity, homelessness in Alameda County will continue to grow; and WHEREAS, the total estimated cost of needed investments over the coming five years to fully meet the need is $2.5 billion, including approximately $430 million for additional shelter, $1.68 billion for permanent housing such as dedicated affordable housing and permanent supportive housing, and $388 million for prevention, rapid rehousing and shallow subsidies; and
WHEREAS, significant additional funding will be needed to meet these investment targets; and
WHEREAS, in order to receive future funding made available through the County, Cities must endorse the Home Together 2026 plan; and WHEREAS, in February, 2019 the City Manager responded to the City Council’s referral to create a 1000 Person Plan to significantly reduce and address homelessness in Berkeley, quantifying the local investments needed to drive homelessness in Berkeley to functional zero; and
WHEREAS, in July, 2021, the City Council adopted the All Home Regional Action Plan, thus aligning itself with the Home Together Plan’s framework of investing in interim housing, permanent housing, and homeless prevention resources in proportions that are driven by local needs data.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Berkeley endorses the Home Together 2026 Implementation Plan.

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120

Home Together 2026
Community Plan

A 5-year Strategic Framework
Centering Racial Equity to End Homelessness in Alameda County

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121

Home Together 2026 Community Plan

A 5-year Strategic Framework
Centering Racial Equity to End Homelessness in Alameda County

Table of Contents
Executive Summary ...................................................................................................................................... i

1. Background and Introduction .............................................................................................................. 1

2. Homelessness in Alameda County ....................................................................................................... 2 Racial Disparities in the Homeless Population ........................................................................................ 3 Special Populations .................................................................................................................................. 4

3. Homelessness Response System Needs Analysis and Modeling ......................................................... 4 Building a System Where People are Rehoused Quickly ......................................................................... 5 Additions to Housing Inventory ............................................................................................................... 8 Additions to Shelter Inventory ................................................................................................................ 9 New Investment Needed ......................................................................................................................... 9

4. G oals and Strategies .......................................................................................................................... 10 1) Prevent Homelessness for Our Residents...................................................................................... 11 2) Connect People to Shelter and Needed Resources ....................................................................... 13 3) Increase Housing Solutions ............................................................................................................ 16 4) Strengthen Coordination, Communication and Capacity .............................................................. 17

5. Specific Needs and Resources for Special Populations ..................................................................... 19 Transition Age Youth ............................................................................................................................. 19 Veterans ................................................................................................................................................. 21 Older Adults ........................................................................................................................................... 22 People Impacted by Intimate Partner Violence (IPV) ............................................................................ 22 People with Behavioral Health Needs ................................................................................................... 24 People Impacted by Criminal Justice System Involvement ................................................................... 25

6. Resources, Gaps and Allocation Plan ................................................................................................. 26

7. Conclusion................................................................................................ .......................................... 29 APPENDICES ............................................................................................................................................... 30 Appendix A. Glossary of Terms .................................................................................................................. 31 Appendix B. Detail on County Allocation Plan ........................................................................................... 35

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Appendix C. System Modeling Overview and Update ............................................................................... 38 Appendix D. System Modeling 5-Year Dashboards for Adult and Family Households .............................. 43 Appendix E. Acknowledgements ............................................................................................................... 46

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Executive Summary

This Home Together 2026 Community Plan (the Plan) lays out the goals, strategies and investments needed to dramatically reduce homelessness in Alameda County by 2026 and combat racial disparities in homelessness by fully centering equity. The Plan’s overarching goals and time frame align with Alameda County’s Vision 2026, which holds as one of its primary objectives to “ensure the availability of diverse and affordable housing for all residents with the goal of eliminating homelessness in Alameda County.”

Alameda County
Alameda County is home to more than 1.6 million residents and includes 14 cities and six unincorporated communities. Nonprofit organizations, public entities, and a range of interested parties, including those with direct experience of homelessness, work together in a Continuum of Care (the Oakland-Berkeley-Alameda County Continuum of Care, or CoC) to seek new resources and coordinate housing and services funding for addressing homelessness. The CoC is led by a representative Leadership Board, supported by a number of committees and staffed by EveryOne Home.

The County’s Office of Homeless Care and Coordination, formed in early 2020 within the Health Care Services Agency, participates in CoC Leadership and coordinates with residents, providers, other County Agencies and local jurisdictions around strategic planning and service delivery. Cities across Alameda County participate in the CoC and dedicate local resources to funding, siting and supporting shelters, housing, and services within their communities. This Plan seeks to serve as a playbook for all of these parties working together, recognizing that each jurisdiction will need to make specific decisions regarding the resources under their authority. Specific annual action plans are developed for the county and for cities in conjunction with this framework.

Foundations for This Plan
This Plan builds upon many sources and efforts, particularly the 2020 Centering Racial Equity in
Homeless System Design report (CRE) prepared by partners in the Continuum of Care and informed by a homelessness response system needs analysis and focus groups with persons of color who have experienced homelessness. The CRE process modeled what an optimal system to respond to all homelessness and reduce racial disparities would look like and what gaps need to be filled. The Plan is also responsive to requirements laid out in the California Comeback Plan to draw down key state housing and health funding. It is informed by and consistent with other local and regional efforts, including the All Home Regional Action Plan, Plan Bay Area 2050 and local city plans to address homelessness. Companion county and city-specific implementation plans that align with the Home Together 2026 Community Plan will speak to the specific roles of local jurisdictions in co-leading efforts to address homelessness, and the key roles of county agencies, community partners and specific resources.

The community of Alameda County adopts this plan and vision at a time when the future is uncertain.

New resources received, both one-time and ongoing, provide the foundation for supporting this plan and its outcomes, but alone are not enough to realize its vision. The response to COVID-19 has shown that this community can pull together and work at speeds we have not seen before, a strong foundation to build from. However, we face continuing challenges including uncertainties from COVID-

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19, unpredictable housing markets, future state, federal and local budgets, and a strained public and non-profit sector with significant capacity needs. All of these challenges require continuing the current level of unprecedented collaboration and coordination, building on the progress made to unify the community response and forge an aligned response system centered in racial equity.

Homelessness in Alameda County
On any given night over 8,000 people experience homelessness in Alameda County, a number that grows to approximately 15,000 people over the course of a year. More than 90% of homeless households in Alameda County are adults without minor children.

The homeless population does not reflect the demographics of the county. Dramatic racial disparities exist in Alameda County as in the nation, in which African Americans experience homelessness at more than four times their representation in the population (47% vs. 11%). Native Americans, multiracial people and Hawaiian Native/Pacific Islanders are also vastly overrepresented in homelessness, among those newly homeless, and in the rates at which they return to homelessness even after getting housing. These disparities call out the need to invest, both more and differently, in creating solutions that meet the needs of those overrepresented. Special populations such as transition age youth, veterans, older adults, survivors of intimate partner violence, people with behavioral health needs and people who have had involvement with the criminal justice system have additional risks and vulnerabilities leading to homelessness and require targeted resources and responses specific to their needs.

Homelessness Response System Needs Analysis
A systemwide needs analysis conducted in 2019-20 and updated in 2021 points to significant gaps in the current homelessness response system in the type and availability of housing resources to help people leave homelessness. Today, only an estimated 36% of those experiencing homelessness can be supported to end their homelessness with local resources or are able to find housing on their own.

Each year, thousands of people remain homeless and new people who become homeless join them.

Without significant effort and investment this trajectory will continue, and homelessness will continue to grow in Alameda County.

Importantly, focus groups with local stakeholders and people of color who have experienced homelessness and research on racial equity strategies informed the needs analysis. This expertise was used to develop the proposed new program models and pathways out of homelessness through new investments at every level. Housing investments needed to address the deep disparities include:
• Create significant additional affordable housing dedicated specifically for people experiencing homelessness
• Develop supportive housing for people who need increased supports, such as older and frail adults
• Grow the supply of transitional housing for youth
• Fund shallow and flexible rental assistance to fill gaps for people with limited incomes • Expand current program models such as Rapid Rehousing and supportive housing 1 • Expand targeted behavioral health services throughout the system • Improve and expand targeted homelessness prevention

1 This Plan uses the term “supportive housing” to refer to all housing types that include ongoing subsidy and continuously available services, often referred to as “permanent supportive housing” or “PSH” in other contexts.

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iii

The 2021 update to the analysis explored different scenarios related to anticipated new homelessness and levels of investment to determine what will be required to fill significant system gaps. The scenario selected for this Plan seeks to reduce new entries to homelessness by prevention when possible, and to create a more robust response system with enough housing resources at the end of five years to provide a pathway out of homelessness to every person who does enter the homelessness response system.

Building a System Where People are Rehoused Quickly
Figure 1. Impact of Increased Investment on Homelessness Response System Outcomes

Source: CA-502 System Model, Abt Associates, 1/20/2022

Overall, increased investment in prevention and the addition of more than 24,000 housing opportunities in a variety of program models are needed to reach a point within five years at which the number of people who become homeless in a year and the number who are able to leave homelessness in that time are in balance. These 24,000+ interventions include everything from short- term support to prevent homelessness to ongoing rental subsidies and supportive housing with services.

In addition to the significant need for housing, because 79% of people experiencing homelessness in Alameda County are unsheltered, the Home Together 2026 Community Plan proposes a significant increase in shelter in the first two years, followed by a slow decline in shelter as more housing resources become available and less shelter is needed. Some added shelter will be able to be converted to much needed housing in later years, as has been demonstrated by successful Project Roomkey to Project Homekey transitions, which have created new permanent housing by renovating hotels used as shelters during the COVID-19 pandemic. By Year 5 the amount of shelter needed on an ongoing basis is expected to be slightly less than what is available today if all housing resources are in place.

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The total cost of increasing the shelter and housing inventory over the coming five years to fully meet the need would be approximately $2.5 billion. This includes roughly $430 million for additional shelter capacity, $1.68 billion for permanent housing such as dedicated affordable housing and supportive housing, and $388 million for prevention, rapid rehousing and shallow (more limited) subsidies. This does not include the one-time development costs for acquiring or constructing new buildings, but covers operations and services, and subsidies to help people rent existing housing. The new investments should be made in alignment with the household types experiencing homelessness; roughly 10% ($194 million) is needed for expanded inventory and resources for households with minor children, and 90% ($2.3 billion) for the inventory and resources to serve adult only households, including transition age youth (ages 18-24 years). A range of federal, state and locally generated resources are needed to fill the gap. Without a significant federal investment in targeted Housing Choice Vouchers or similar rental assistance, meeting the dedicated affordable housing goal will be particularly challenging.

Goals and Strategies
To reach the expansion goals while decreasing racial disparities, the Home Together 2026 Community Plan recommends specific action steps in four categories:
1) Prevent Homelessness for our Residents
a. Address racial disparities in mainstream/upstream systems to prevent racially disproportionate inflow into homelessness
b. Focus resources for prevention on people most likely to lose their homes c. Rapidly resolve episodes of homelessness through Housing Problem Solving d. Prevent racially disproportionate returns to homelessness 2) Connect People to Shelter and Needed Resources
a. Expand access in key neighborhoods and continue improvements to Coordinated Entry b. Lower programmatic barriers to crisis services such as prevention, problem solving, and shelter c. Prevent discharge from mainstream systems to homelessness d. Significantly increase the availability of shelter, especially non-congregate models, to serve vulnerable adults and families with children and to reduce unsheltered homelessness e. Provide accessible behavioral health services to people with serious mental illness or substance use needs and who are unsheltered, in shelter, or in supportive housing programs 3) Increase Housing Solutions
a. Add units and subsidies for supportive housing, including new models for frail/older adults b. Create dedicated affordable housing subsidies for people who do not need intensive services c. Create shallow subsidies for those who can exit or avoid homelessness with more limited assistance
d. Add new slots of rapid rehousing for those who can pay full rent over time e. Ensure new housing funding is distributed across the county according to need f. Reduce entry barriers to housing and ensure racial equity in referrals and placements

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Estimated Number of Housing Solutions, by Type, Needed by 2026 Additional
Supportive
Housing Units
New Supportive
Housing Units for
Older/Frail Adults
New
Dedicated
Affordable
New Shallow
Subsidies
Additional
Rapid
Rehousing Slots
Total Units
& Subsidy
Slots
4,195 3,190 10,070 5,240 1,645 24,340
Source: CA-502 System Model, Abt Associates, 1/20/22
4) Strengthen Coordination, Communication and Capacity
a. Use data to improve outcomes and track racial equity impacts b. Improve messaging and information availability
c. Build infrastructure to support new and expanded programs Taken together, the significant increase in investment and the creation of new program models and pathways out of homelessness will lead to decreases in new homelessness, improved racial equity in outcomes, shorter lengths of time being homeless, and a reduced rate at which people return to homelessness.

The Home Together 2026 Community Plan adopts bold, ambitious, and measurable goals for Alameda County, both for reducing homelessness and for achieving greater equity. To bring these new programs and solutions into being will take every partner committing every available dollar from various sources in ways that uphold performance and invest in working and desired models. With these commitments and agreements for joint accountability we will, by 2026, be home, together.

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1 1. Background and Introduction
This Home Together 2026 Community Plan (the Plan) lays out the goals and strategies needed to dramatically reduce homelessness in Alameda County by 2026 and combat racial disparities in homelessness through fully centering equity.

Foundations for this Plan
The Plan builds on a variety of processes and planning that occurred during the last two years, including:
• The racial equity analysis and homelessness response system modeling process detailed in the January 2020 Centering Racial Equity in Homeless System Design (CRE) report
• The Racial Equity Action Lab (convened by the Bay Area Regional Health Inequities Initiative), which centered lived expertise input and process recommendations on implementing the CRE • The Home Together Plan framework adopted by the Alameda County Board of Supervisors in August of 2020

The Plan’s overarching goals and time frame align with Alameda County’s Vision 2026 , which holds as
one of its primary objectives to “ensure the availability of diverse and affordable housing for all residents with the goal of eliminating homelessness in Alameda County.” The Plan includes five-year targets for the creation of significant quantities of new housing and shelter in order to meet the unmet need of all people experiencing homelessness in Alameda County by 2026 in line with the recommendations in the CRE report. In addition, this Plan is responsive to requirements laid out in the California Comeback Plan to draw down key state housing and health funding. It is also informed by and consistent with other local and regional efforts, including the All Home Regional Action Plan, and Plan Bay Area 2050.

A forthcoming companion Home Together County Implementation Plan speaks to the specific role of the county in co-leading efforts to address homelessness with cities and community partners, and the roles of specific county agencies and resources. This Implementation Plan will lay out yearly goals consistent with the Plan and be used to track and report progress. Cities within Alameda County have participated in the community process to inform this overarching Plan and are encouraged to develop and adopt similar jurisdictional implementation plans to align with the Home Together 2026 Community Plan.

The initial Centering Racial Equity report and this Plan were supported by in-depth needs analyses conducted by Abt Associates, a HUD-funded technical assistance provider. The recommendations were informed by an extensive community input process which included participation from system leaders, homeless program participants, service providers and other partners in the homelessness response system. The process included research using local data and multiple focus groups with people of color who were currently or recently homeless regarding their race-impacted experiences. The CRE report resulted in recommendations for significant system additions but did not include action steps to implement the recommendations.

Updating the Homelessness Response System Needs Analysis As the Home Together 2026 Community Plan was developed it became clear that some updating to the original needs analysis was necessary. The COVID-19 pandemic, which began shortly after the CRE report was completed, has changed the landscape of resources, and some data used from 2019 was

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2 able to be updated with more complete information from the countywide Homeless Management Information System (HMIS). While some updates were made, there was a strong commitment to maintain the critical assumptions and decisions that were widely discussed in the CRE planning process.

To consider changes and updates to the homelessness response system modeling, a planning group was jointly convened by the Alameda County Office of Homeless Care and Coordination (OHCC) and EveryOne Home (EOH), which staffs the CoC. The Strategic Planning Implementation Committee met bi-weekly from July 2021 to November 2021 to inform the Home Together 2026 Community Plan. The group included city and county staff, people with lived experience of homelessness, service providers, nonprofit organizations, advocates, and CoC Leadership Board members.2 Various technical staff also met with Abt Associates, a HUD technical assistance provider, to review updates to the homelessness response system modeling.

2. Homelessness in Alameda County
Alameda County’s most recently published full Point in Time Count (PIT) was conducted in 2019 and estimated a total of 8,022 persons were experiencing homelessness on a single day.3 Based on an annualization of the PIT, it is estimated that 15,786 people in 13,135 households experienced homelessness in Alameda County in 2019.
4 Homelessness occurs across the county, though it is concentrated most in the north and mid portions.5 More than three-fourths of people experiencing homelessness (78%) report residing in Alameda County before becoming homeless.6
Table 1: Annual Estimates and Geographic Distribution of People and Households Experiencing Homelessness in Alameda County
Source: Oakland-Berkeley-Alameda County Continuum of Care. Centering Racial Equity in Homeless System Design. January 2021.

Households of one or more adult(s) experiencing homelessness together without any minor children (“adult only”) are estimated at 12,005 annually and make up 91% of households that are homeless over a year. Most such households are a single individual.

2 See Appendix E for list of Home Together Contributors, including the Strategic Planning Implementation Committee.
3 Alameda County conducts a homeless Point in Time (PIT) count every two years. Due to COVID-19, the scheduled PIT count for 2021 was postponed to 2022.
4 EveryOne Counts! Alameda County Homeless Count & Survey. Applied Survey Research (ASR). 2019. 5 Oakland-Berkeley-Alameda County Continuum of Care. Centering Racial Equity in Homeless System Design.

January 2021. https://everyonehome.org/centering-racial-equity/ 6 EveryOne Counts! Alameda County Homeless Count & Survey. Applied Survey Research (ASR). 2019.

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3 Families with minor children are estimated at 985 households annually, representing 7.5% of all homelessness households.7 Child-only households (unaccompanied children, under age 18, who are homeless without any adults) represented less than 1% of the county’s homeless population.8 People who identify as male make up more than 60% of the homeless population. Nearly three-fourths of the homeless population is between the ages of 25-59, though a growing percentage of people experiencing homelessness are seniors (14%) and nearly 10% are between 18 and 24, referred to as transition age youth (TAY).9
Table 2: Gender Table 3: Age
Gender of people experiencing
homelessness
Age of people experiencing
homelessness
Male identifying 61% Under 18 4%
Female identifying 35% 18-24 9%
Transgender 2% 25-59 73%
Non-binary 2% 60 and older 14%
Source: EveryOne Counts! Alameda County Homeless Count & Survey. Applied Survey Research (ASR). 2019.

Racial Disparities in the Homeless Population
While homelessness is widespread in Alameda County, it disproportionately impacts people of color, especially African Americans. The 2019 Homelessness Point in Time Count shows that people of color make up more than two out of three (69%) people experiencing homelessness in Alameda County. The groups most disproportionately affected are people identifying as Black or African American, and American Indian or Alaska Native. Black people account for 47% of the homeless population, compared to 11% of the general population in Alameda County. Native Americans make up four percent of the homeless population, compared with one percent of county residents. Homelessness also disproportionately affects Native Hawaiians/Pacific Islanders and Multiracial people in Alameda County.
10 7 Oakland-Berkeley-Alameda County Continuum of Care. Centering Racial Equity in Homeless System Design.

January 2021. https://everyonehome.org/centering-racial-equity/ 8 EveryOne Counts! Alameda County Homeless Count & Survey. Applied Survey Research (ASR). 2019 . 9 EveryOne Counts! Alameda County Homeless Count & Survey. Applied Survey Research (ASR). 2019 . 10 Oakland-Berkeley-Alameda County Continuum of Care. Centering Racial Equity in Homeless System Design.

January 2021. https://everyonehome.org/centering-racial-equity/

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4 Figure 2: Racial Distribution of General Population and Homeless Population (2019)

Source: Oakland-Berkeley-Alameda County Continuum of Care. Centering Racial Equity in Homeless System Design.

January 2021.

Households with only adults are more disproportionately likely to be Black (58%) in comparison with the general population of Alameda County (11% Black).
11 The many specific needs and experiences of people of color experiencing homelessness are described in the CRE report, often in the words of people who have experienced homelessness. Without addressing the impact of racism in our society, homelessness will continue to disproportionately impact African Americans and other people of color. Creating a mix of housing and services in order to reduce these enormous racial disparities is a major focus of this Plan.

Special Populations
Several special populations who experience homelessness merit particular attention due to their specific or additional vulnerabilities, overrepresentation in the homeless population, and/or dedicated resources for addressing their needs. These include transition age youth, older adults, veterans, people with behavioral health needs, people impacted by intimate partner violence and people impacted by the criminal justice system. Section 5 below covers key resources available to meet the needs of these specific groups.

3. Homelessness Response System Needs Analysis and Modeling People experiencing homelessness have a variety of needs, but the one commonality among all is the need for a home. The CRE process identified that Alameda County’s homelessness response system does not have the interventions needed to permanently rehouse all people experiencing homelessness, and that reducing disparities and improving outcomes for the racial and ethnic groups most impacted by homelessness will require new types of housing programs, increasing all programs’ availability, and improving program design and delivery. Opportunities identified to increase racial equity in the homelessness response system include:
12 • Increasing the availability of homeless housing and subsidy models for people with extremely low incomes and a range of service needs;

11 Oakland-Berkeley-Alameda County Continuum of Care. Centering Racial Equity in Homeless System Design.

January 2021. https://everyonehome.org/centering-racial-equity/ 12 Oakland-Berkeley-Alameda County Continuum of Care. Centering Racial Equity in Homeless System Design.

January 2021. https://everyonehome.org/centering-racial-equity/

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5 • Creating a variety of more flexible resources, including homelessness prevention and rapid resolution resources, and targeting these resources to those who can resolve their homelessness without ongoing supports;
• Increasing access to housing and other programs by lowering entry and participation barriers that unnecessarily impact privacy or independence, and ensuring resources are spread throughout the county; and
• Communicating clearly about available resources, eligibility criteria and the process for accessing resources.

It is important to note that adding enough housing opportunities to effectively end homelessness will not address the larger crisis of affordability or meet the rental housing gap for low-income households.

The need for more housing and greater affordability at a wide range of income levels is critical and remains, even if this plan is fully funded. An “optimal” homelessness response system is not necessarily an “optimal” or racially equitable housing system, which would require a much larger and more universal response, such as Housing Choice Vouchers and affordable units for everyone who is income-qualified. Stakeholders for this Plan believe that safe, stable, and affordable housing should be available to all who need it, a goal that can only be reached with a national commitment.

Building a System Where People are Rehoused Quickly

The CRE process identified a set of “pathways” in an optimal homelessness response system to allow every homeless person to end their homelessness and reduce racial disparities in homelessness. These pathways out of homelessness recognize different levels of need – from those who can resolve their homelessness on their own, to those who will need shelter, interim support and ongoing subsidies and services in order to remain housed. The pathways envisioned for adults and for families are somewhat different, based on different vulnerabilities and economic needs, but all are designed to respond to the root causes of homelessness and barriers to housing stability. Among the critical pathways envisioned is the addition of significant affordable housing targeted specifically to those who are experiencing homelessness. These resources must be available in a high-performing homelessness response system to end homelessness for Black and Native American adults, who encounter the greatest barriers to housing, are vastly over-represented among those who experience homelessness, and disproportionately return to homelessness once housed.
13 [The original model and specific pathways
for different population groups can be reviewed in the CRE report.]

The homelessness response system model used in the CRE process was updated in 2021 to inform the Home Together 2026 Community Plan. Most of the original assumptions were retained, particularly regarding the types and proportions of needed new housing and program models.

Updates to the system model included:

1. The decision to propose more shelter in addition to housing, to rapidly reduce unsheltered homelessness. This was not contemplated in the original system modeling but was highly recommended by the Strategic Planning Committee and jurisdictional partners;

13 For more detail about the CRE process to develop these pathways see Appendix A, C and D in the 2021 Centering Racial Equity in Homeless System Design Report. https://everyo nehome.org/centering-racial-equity/

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6 2. Updates to the length of time people are anticipated to spend in shelter to reflect current conditions and impacts of future investments more accurately;

3. Updates to certain cost assumptions based on current data; and

4. The decision to model for a modest decrease in new entries into homelessness by the end of the planning period, with an increased investment in prevention.

The recommendations that follow reflect the decisions above, including to work toward making prevention resources available before people lose their housing to reduce new homelessness over time. If new homelessness increases beyond the modeling predictions, the gap between what the system is able to offer and what is needed to serve all homeless households will be greater, and more costly to fill. [See Appendix C for a description of different scenarios considered and Appendix D for comprehensive system model data outputs].

Homelessness Continues to Grow Unless We Invest in Prevention and Housing Every year new people experience homelessness in Alameda County, but the homelessness response system does not currently have enough capacity to keep up with annual inflow. This means that the increasing homeless population includes newly homeless people along with many people who became homeless in a prior year but could not get the assistance they needed to end their homelessness. In 2020 to 2021, just 36% (4,358) of adult only households experiencing homelessness exited homeless services, and 64% (7,647) remained in the homelessness response system. For households with minor children, 33% (321) of households exited the system in 2020-2021, while 67% (664) households remained.
14 Figure 3 below illustrates that without significant changes in both approach and rate of investment, homelessness is likely to grow dramatically (red line). Even if the community successfully achieves a modest decrease in new homelessness over time, the current level of investment will not be enough to meet the need, and homelessness will remain high (purple line). However, with a significant increase in investment into the homelessness response system and a modest decrease in new homelessness, by year 5 (2026) the homelessness response system would be able to serve all of the need among homeless households, leaving no annual unmet need (orange line).15

14 HMIS Jul 1, 2020 to June 30, 2021. Data used in the CA-502 System Model, Abt Associates, 1/20/2022. 15 This is the point at which the system is right-sized, though recurring resources are still needed to address new inflow each year and to continue supporting ongoing system operations.

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7 Figure 3. Impact of Investment Level on Unmet Need

Source: CA-502 System Model, Abt Associates, 1/20/2022
Increased Investments Result in People Finding Housing Quickly, Not Remaining Homeless Figure 4 below shows that with the modeled increase in investment and a modest decrease in new homelessness over time, in 5 years (by 2026) the total number of homeless households that need to be served annually by Alameda County’s homelessness response system decreases by over 3,800 from 2021. In this scenario there is capacity to serve and assist 9,200 households into permanent housing by the homelessness response system in year 5 (2026). This is estimated to effectively eliminate unmet need (sometimes referred to as “functional zero”). Having no unmet need does not mean that new people do not continue to become homeless, but rather that for every new household that becomes homeless there are the appropriate resources available to help them back into housing within an average of 90 days.

Figure 4: Impact of Increased Investment on Homelessness Response System Outcomes

Source: CA-502 System Model, Abt Associates, 1/20/2022

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8 Table 4 shows numerically how these decreases in inflow and increases in capacity might occur over time, until the need is equal to the resources available.

Table 4. Impact of Investments on Unmet Need Over 5 Years 5-Year Investment Impact Dashboard, All Homeless Households

Year 0
(2021)
Year 1
(2022)
Year 2
(2023)
Year 3
(2024)
Year 4
(2025)
Year 5
(2026)
New Homeless 4,000 4,800 5,300 5,300 4,700 4,300
Annual HH in the
System 13,000 14,000 14,700 14,400 12,600 9,200
HHs Served in
Pathways to Housing 4,700 5,600 6,500 7,400 8,310 9,200 Unmet Need 8,300 8,400 8,200 7,000 4,200 0
% Unmet Need 64% 60% 56% 49% 33% 0%
Source: CA-502 System Model, Abt Associates, 1/20/2022
Additions to Housing Inventory
To meet the reduction targets, a combination of new subsidy slots and housing units is needed. Table 5 below details the specific inventory growth in different program models and housing types needed to meet existing and anticipated future need among homeless households.

Table 5. 5-year Homelessness Response System Inventory Needs 5-Year Inventory Needs, All Homeless Households
Numbers below are cumulative, not new additions needed year over year

Baseline
Inventory
(2021)
Year 1
(2022)
Year 2
(2023)
Year 3
(2024)
Year 4
(2025)
Year 5
(2026)
HP/Rapid
Resolution Slots
56 140 160 190 260 230
Crisis Response
Beds (ES, TH, SH)
1,785 16 2,760 3,410 3,140 1,810 1,390
TH for Youth 153 100 120 140 200 170
Rapid Re-Housing 535 1,180 1,370 1,560 2,180 1,940
Permanent Housing Resources
Supportive
Housing (PSH)
3,215 3,790 4,500 5,290 6,490 7,410
Supportive
Housing (PSH) for
Older/Frail adults
0 520 1,090 1,690 2,530 3,190
Dedicated
Affordable
Housing
0 1,570 3,320 5,240 7,870 10,070
Shallow Subsidies 0 830 1,740 2,750 4,090 5,240
Source: Source: CA-502 System Model, Abt Associates, 1/20/22

16 Note that a decreased inventory of shelter is reflected here, and in the 2021 s ystem modeling, to account for shelter decompression that occurred due to COVID-19 regulations.

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9 The table above also shows that in 2021 (the baseline year, or Year 0) Alameda County had 3,215 supportive housing units and 535 Rapid Rehousing slots for households experiencing homelessness, and in order to serve all of the current and projected need of homeless households, our system will need an inventory of 25,910 permanent housing units and short and long-term subsidies by year 5 (2026) of the implementation plan.

Additions to Shelter Inventory
In addition to the significant expansion of housing resources, reducing unsheltered homelessness will require short-term growth in shelter availability. This Plan includes an immediate surge in shelter during the first two years, followed by a leveling off and then small decrease in shelter beds (purple line). This strategy, when combined with the addition of housing modeled above, results in a rapid and then sustained decline in unsheltered homelessness (blue line).

Figure 5: Impact of Shelter Inventory on Households on Unsheltered Homelessness*

Source: Source: CA-502 System Model, Abt Associates, 1/20/22 *For Adult Only Households

It is important to note that the estimated result, effectively ending unsheltered homelessness in Alameda County, only occurs when both housing and shelter capacity grow.

New Investment Needed
The total cost of scaling up both the shelter and housing inventory over the coming five years is an estimated $2.5 billion. This includes roughly $430 million for additional shelter capacity, $1.68 billion for permanent housing such as dedicated affordable and supportive housing, and $388 million for prevention, rapid rehousing and shallow (more limited) subsidies. These estimates include the ongoing operations of programs and buildings, and the services and subsidies to help people rent existing housing. They do not include the one-time development costs for constructing or acquiring new buildings.

The investments need to align with the household types in the homeless population: roughly 10% ($194 million) for households with minor children and 90% ($2.3 billion) for the resources to serve adult only households, including transition age youth.

Shelter and Crisis Beds

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10 Table 6. 5 Year Operations Cost for Homelessness Response System Inventory 5-Year Inventory Costs (operations only, not development)

Year 1
(2022)
Year 2
(2023)
Year 3
(2024)
Year 4
(2025)
Year 5
(2026)

5-Year Total
Prevention & Rapid
Resolution
$2,502,000 $3,022,000 $3,533,000 $5,055,000 $4,680,000 $18,792,000 Crisis Response
(Shelter/Interim)
$85,667,000 $109,121,000 $103,566,000 $61,480,000 $48,402,000 $408,236,000 Transitional for Youth $3,796,000 $4,549,000 $5,344,000 $7,777,000 $7,107,000 $28,573,000 Rapid Re-Housing $26,166,000 $31,374,000 $36,824,000 $52,978,000 $48,683,000 $196,025,000 Supportive Housing $95,786,000 $117,213,000 $142,068,000 $179,312,000 $210,917,000 $745,296,000 Supportive Housing -
Seniors & Medically Fragile
$15,630,000 $33,557,000 $53,819,000 $83,004,000 $107,846,000 $293,856,000 Dedicated Affordable
Housing
$33,099,000 $72,010,000 $116,971,000 $180,761,000 $238,329,000 $641,170,000 Shallow Subsidies $9,050,000 $19,666,000 $31,881,000 $48,613,000 $64,196,000 $173,406,000 Total $271,696,000 $390,512,000 $494,006,000 $618,980,000 $730,160,000 $2,505,354,000 Source: Source: CA-502 System Model, Abt Associates, 1/20/22 Based on the system modeling, costs should drop substantially in years six and beyond, or whenever the unmet need is eliminated, as only those newly becoming homeless or returning to homelessness after housing need to be served.

Services Outside the Model
Although not represented in in the system modeling, there are many critical services and resources that serve people during the time they are unhoused. These include Coordinated Entry, street outreach, housing navigation and landlord liaison programs, among others. These programs contribute to outcomes such as shortening the length of time that households remain homeless, improving health outcomes and behavioral health support, and increasing exits to housing. Some increases in these services are anticipated within this Plan as well.

4. Goals and Strategies
Drawing from the CRE recommendations to reduce racial disparities, the need for resources demonstrated by the system model and the feedback of people experiencing homelessness, the Home Together 2026 Community Plan calls for a focus on four primary goal areas.17 Each area below includes goals and action steps that align with the system model and overall homelessness reduction strategy.

These core goal areas largely correspond to critical system performance measures required by HUD and by the State of California, which will be tracked and reported on annually. In addition, the Alameda County community has determined to also measure its impact on rates of unsheltered homelessness and racial disparities in homelessness. Specific targets for reductions and improvements for each of the system performance measures below will be set in consultation with the community and with the State of California during FY 21-22 and adopted as an addendum to this Plan.

17 For more detail on the stakeholders involved in the CRE, the process of developing pathways and recommendations, please see the Centering Racial Equity in Homeless System Design report, av ailable at https://everyonehome.org/centering-racial-equity/

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11 1) Prevent Homelessness for Our Residents
Many of the people experiencing homelessness in Alameda County have been homeless for long periods of time or have had multiple episodes of homelessness. However, every year people experience homelessness for the first time and seek assistance from the homelessness response system, which lacks adequate resources to meet the needs of people who are already homeless. Data from the 2019 PIT count indicates approximately 31% of the people who are homeless at a point in time have become homeless for the first time.

Racial disparities among newly homeless households are even more extreme than among the homeless population overall, especially for African Americans, Native Americans, Native Hawaiian and Pacific Islanders and multiracial people.

Table 7. Racially Disparate Rates of New Homelessness
African
Americans
Native
Americans
Multiracial Native HI/Pacific
Islander
Percent of County Population 11% 1% 5% 1%
Percent of newly homeless 58% 5% 6% 2%
Rate of new homelessness compared
to population

5.3x 5x 1.2x 2x
Source: Oakland-Berkeley-Alameda County Continuum of Care. Centering Racial Equity in Homeless System Design. January 2021.

Prevention assistance is typically administered outside the homelessness response system and covered by social service and community development funding streams. Research shows that while many low- income people experience housing crises that could lead to homelessness, people who are most likely to become homeless have specific risk factors including extremely low incomes, histories of homelessness, and living in highly impacted neighborhoods.18 To be effective, resources to prevent homelessness must target those with the greatest likelihood of becoming homeless. To reduce new incidents of homelessness, we must direct resources to those closest to becoming homeless who also lack assistance, and to those who have lost housing but can recover it with timely support.

Another contributing factor to continuing homelessness is that some households assisted into permanent housing through the homelessness response system may lose their housing again when program resources run out or circumstances change. Returns to homelessness in Alameda County are higher among African Americans and Native Hawaiian/Pacific Islanders.

Table 8. Disparities in Rates of Return to Homelessness, FFY 2019 System Average African Americans Native Hawaiian/Pacific Islanders
Rate of Return to
Homelessness
18% 21% 23%
Source: Oakland-Berkeley-Alameda County Continuum of Care. Centering Racial Equity in Homeless System Design. January 2021.

18 Center for Evidence-based Solutions to Homelessness. Homelessness Prevention, A Review of the Literature.

January 2019.

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12 The Home Together 2026 Community Plan proposes to reduce the rates of return to homelessness by half, from 21% in 2022 (Year 1 of the Plan) to 9% in 2026 (Year 5 of the Plan).19 To address racial disparities in new homelessness and returns to homelessness, programs will be targeted and tailored to specific household needs and the county’s providers and administrators will target and track these disparities.

Four activity areas specifically target reductions in new homelessness and returns to homelessness:

1. Address racial disparities in mainstream/upstream systems to prevent racially disproportionate inflow into homelessness
a. Partner with school districts, social services agencies, child welfare, community health organizations and others to connect people to prevention and economic supports in a timely manner and through trusted sources.
b. Work with criminal justice institutions to create housing planning and homelessness prevention resources.
c. Ensure that workforce services are accessible to and structured to support people whose housing is unstable.

2. Focus resources for prevention on people most likely to lose their homes a. Work with government and private funders to increase targeted prevention for people most likely to become homeless. Highlight risk factors including extremely low incomes, histories of homelessness, and living in neighborhoods with high rates of poverty and evictions.
b. Tailor outreach and prioritization to reach those at highest risk and coordinate these efforts in all areas of the county.
c. Implement and expand shallow subsidy availability for people with fixed or limited income with housing insecurity to relieve rent burden and reduce the risk of becoming homeless.

3. Rapidly resolve episodes of homelessness through Housing Problem Solving a. Add resources to flexible funding pools for Housing Problem Solving, a practice of helping people newly homeless or on the verge of homelessness to identify rapid solutions to their situation with light financial support.
b. Offer Housing Problem Solving training and funding throughout the system so that providers can quickly assist people when and where they seek help.

4. Prevent racially disproportionate returns to homelessness To reduce disparities based on race, learnings from the CRE process demonstrate that providing ongoing or renewed support to people who have been homeless will improve equitable housing outcomes. Some specific areas highlighted as effective include:
a. Target time-limited Rapid Rehousing resources to serve households with an ability to increase income. Given the high cost of rent in Alameda County, time-limited resources should be matched with people who have a feasible plan to pay market-rate rent or identify a replacement subsidy.

19 Source: Adult Only Household Model. CA-502 System Model, Abt Associates. 1/20/22. Note rates are for Adult Only households.

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13 b. Partner with educational, vocational and employment services to ensure that people moving toward employment have strong support in obtaining and maintaining employment. Build connections to educational programs with career pathways, supported employment for people who are formerly homeless, and job placement assistance for people seeking new roles.
c. Establish a flexible funding pool for preventing homelessness, including a shallow subsidy option.
d. Review and evaluate methods for determining types of housing placements to ensure high rates of success and avoid unsustainable housing placements. e. Provide additional support services, such as behavioral health care and case management, in existing sites and programs for people who have transitioned from homelessness to permanent housing.

Progress on this goal area will be tracked using two system performance measures and corresponding measures of increased racial equity.

System Performance Measure: Reduce the number who become homeless for the first time.

Racial Equity Measure: Reduce the racial disparities among people overrepresented within who becomes homeless for the first time: African Americans, Native Americans, Multi-racial people, and Native Hawaiian/Pacific Islanders.

System Performance Measure: Reduce the number of persons who return to homelessness after exiting homelessness.

Racial Equity Measure: Reduce the racial disparities among people overrepresented within who returns to homelessness: African Americans, and Native Hawaiian/Pacific Islanders. 2) Connect People to Shelter and Needed Resources
People experiencing homelessness need access to shelter and critical service supports while in crisis and while in the transition to housing. This will require expanding and supporting the network of agencies that serve as entry points for the homelessness response system and provide housing problem solving and housing navigation services. It necessitates reducing the barriers to entry to services for people experiencing homelessness. It will also require continued collaboration between local cities and the county to provide more robust and responsive services for both sheltered and unsheltered people experiencing homelessness.

In 2020 and 2021, Alameda County’s homelessness response system significantly expanded access points and undertook improvements to the Coordinated Entry process which connects people experiencing homelessness to shelter and housing. Changes were made to increase the availability of Housing Problem Solving services targeting creative housing solutions and allowing Housing Resource Centers (designated access points) to support everyone who is experiencing homelessness who access their services. A separate crisis queue and process for shelter and transitional housing resources was recently established to shorten the time people in need wait for shelter. Greater transparency was built into the new process, with access points providing real-time communication to participants about available housing resources, their likelihood of receiving a match, and support to identify and pursue appropriate next steps. Continued oversight and improvement of the Coordinated Entry system is a priority for the future, and monthly Regional Housing Coordination meetings and Learning Communities are currently focused on improving coordination of care and increasing collaboration.

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Berkeley City CouncilApril 26, 2022

Berkeley City Council
April 26, 2022