Berkeley City Council
October 11, 2022

Tuesday, October 11, 2022 AGENDA Page 1

P R O C L AM AT I O N

C AL L I N G A S P E C I AL M EE TI NG O F T HE

B E R K E LE Y CI T Y C O U N CIL
In accordance with the authority in me vested, I do hereby call the Berkeley City Council in special session as follows:

Tuesday, October 11, 2022
4:00 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://berkeley.granicus.com/MediaPlayer.php?publish_id=1244.

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/88115464108. 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 1-669-254-5252 or 1 -833-568-8864 (Toll Free) and enter Meeting ID: 881 1546 4108 . 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 Cle rk, (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 specified.

Tuesday, October 11, 2022 AGENDA Page 2

Preliminary Matters
Roll Call:

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

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

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

For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again at the time the matter is taken up during the Action Calendar.

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

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

Consent Calendar

1. Appointment of Director of Police Accountability
From: City Manager
Recommendation: Adopt a Resolution confirming the appointment of Hansel Aguilar to be the Director of Police Accountability and approving an employment contract to be effective October 24, 2022 at an annual salary of $200,000.

Financial Implications: See report
Contact: Dee Williams-Ridley, City Manager, (510) 981-7000

2. Appointment of Director of Human Resources
From: City Manager
Recommendation: Adopt a Resolution confirming the appointment of Aram Kouyoumdjian as the Director of Human Resources to be effective November 7, 2022 at an annual salary of $231,000.

Financial Implications: See report
Contact: Dee Williams-Ridley, City Manager, (510) 981-7000

Consent Calendar

Tuesday, October 11, 2022 AGENDA Page 3

3. Purchase Order – Golden State Fire Apparatus Inc., for a Kenworth 3,000 Gallon Tender for Emergency Water Supply
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to issue purchase orders with Golden State Fire Apparatus Inc., piggybacking on Houston- Galveston Area Council (HCAG) contract No. FS12-19 for an amount not to exceed $448,274 through December 31, 2022.

Financial Implications: Measure Q Fund - $448,274
Contact: David Sprague, Fire, (510) 981-3473

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 determ ine 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 e ach side to present their issue.

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

Action Calendar

4. Guidelines for Public Process, Expenditure and Oversight of $650 Million Affordable Housing and Infrastructure Bond
From: Mayor Arreguin (Author)
Recommendation: Adopt a Resolution establishing guidelines for the allocation of the proposed $650 Million Affordable Housing and Infrastructure Bond, if adopted by the voters, including:

1. Commitment to the expenditure of bond funds for affordable housing projects and specific infrastructure categories;

2. The proposed public process to be implemented, including plans and policies to guide the development of project plans, public meetings and the role of advisory Commissions and staff level prioritization of initial project recommendations;

3. Specific direction regarding required annual reporting, the role of the Bond Oversight Committee; and requirements for audits of bond expenditures.

4. Recommended direction regarding independent construction management and oversight of bond-funded City capital projects.

Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100

Action Calendar

Tuesday, October 11, 2022 AGENDA Page 4

5. Measure O Bond Impacts on Affordable Housing Development in Berkeley From: City Manager
Recommendation: Review and discuss the presentation on Measure O Bond impacts on affordable housing development in Berkeley.

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

Adjournment
I hereby request that the City Clerk of the City of Berkeley cause personal notice to be given to each member of the Berkeley City Council on the time and place of said meeting, forthwith.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Berkeley to be affixed on this 7th day of October, 2022.

Jesse Arreguin, Mayor
Public Notice – this Proclamation serves as the official agenda for this meeting.

ATTEST:

Date: October 7, 2022
Mark Numainville, City Clerk

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 act ion of the City Council is mailed. Any lawsuit not filed within that 90 -day period will be barred. 2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.

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

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

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

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at the City Clerk Department located on the first floor of City Hall located at 2180 Milvia Street as well as posted on the City's website at https://berkeleyca.gov/.

Tuesday, October 11, 2022 AGENDA Page 5
Agendas and agenda reports may be accessed via the Internet at:
https://berkeleyca.gov/your-government/city-council/city-council-agendas and may be read at reference desks at the following locations:

City Clerk Department - 2180 Milvia Street, First Floor Tel: 510-981-6900, TDD: 510-981-6903, Fax: 510-981-6901 Email: [email protected]

Libraries: Main – 2090 Kittredge Street,
Claremont Branch – 2940 Benvenue, West Branch – 1125 University, North Branch – 1170 The Alameda, South Branch – 1901 Russell

COMMUNICATION 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.

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

CONSENT CALENDAR
October 11, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: LaTanya Bellow, Deputy City Manager
Subject: Appointment of Director of Police Accountability

RECOMMENDATION
Adopt a Resolution confirming the appointment of Hansel Aguilar to be the Director of Police Accountability and approving an employment contract to be effective October 24, 2022 at an annual salary of $200,000.

FISCAL IMPACTS OF RECOMMENDATION
The salary and benefits for the Director of Police Accountability are included in the FY 2023 and FY 2024 Adopted Budget for the Office of the Director of Police Accountability. The annual salary for Hansel Aguilar is $200,000, which is within the salary range for the position that was approved by City Council on May 25, 2021.

CURRENT SITUATION AND ITS EFFECTS
Pursuant to Resolution 69,531-N.S. that was adopted by the City Council on July 28, 2020, City staff has taken the following action so that the Police Accountability Board can commence its work on July 1, 2021:
 Issued an application to solicit community interest in the Police Accountability Board ("Board") and on June 1, 2021, the Mayor and City Council adopted Resolution 69,916-N.S. consisting of appointments of the nine (9) members to the Board.
 On May 25, 2021, the City Council adopted Resolution amending Resolution 69,538- N.S. to establish the unrepresented classification of Director of Police Accountability with a monthly salary range of $11,862.93 - $17,794.40, effective May 25, 2021.

The Human Resources Department hired a consultant agency Bret Byers Group to conduct a nationwide search for the Director of Police Accountability. As a result, Hansel Aguilar was selected. The search for the Director of Police Accountability for the City of Berkeley, began in earnest in the spring of 2022 following an extensive community engagement process. The position profile was developed with input from a wide range of key stakeholders was published April of 2022. The search was national in scope and resulted in receiving 17 applications which were reviewed initially by the

Appointment of Director of Police Accountability CONSENT CALENDAR October 11, 2022

executive search firm. The initial screening review resulted in 11 competitive candidates which were presented to the City Manager and Deputy City Manager. The City Manager and Deputy City Manager review process resulted in the pool of potential candidates being narrowed to 6 semi-finalists who were then interviewed by two different panels: a community panel and a panel of technical experts. The results of those interviews were a recommendation to the City Manager and City Attorney to interview ultimately 5 semi- finalists. The City Manager recommended a total of five candidates to be interviewed by the City Council. Those interviews occurred in July of 2022 and September of 2022. The result was a finalist who is being announced October 11, 2022. His bio follows.

Mr. Aguilar is well qualified to serve as the City's Director of Police Accountability.

Hansel Aguilar has considerable civilian oversight and criminal justice experience including serving as a law enforcement officer in Northern Virginia, as an in- house misconduct investigator for a youth development non-profit in Northern Virginia, a misconduct investigator at the D.C. Office of Police Complaints (OPC), an inaugural member of the Fairfax County Police Civilian Review Panel (PCRP), a member of the George Mason University Police Advisory Board Implementation Committee and serving as the first Executive Director of the City of Charlottesville Police Civilian Oversight Board (PCOB), formerly known as the Police Civilian Review Board. His career in public service also includes experience in the non-profit sector and governmental arena. Specifically, he has served as an intake paralegal for various legal aid agencies, as an AmeriCorps Volunteer, a volunteer manager for a Virginia area non-profit, site manager for a non-profit, day-labor center, and as a Partnership Specialist with the U.S. Census Bureau.

As a practitioner of civilian oversight, Mr. Aguilar has been an active participant and contributor to the National Association of Civilian Oversight of Law Enforcement (NACOLE). He has collaborated in the NACOLE Review, as a moderator and presenter at various annual conferences and a subcommittee member supporting various NACOLE initiatives. Mr. Aguilar holds a B.A. in Criminal Justice and Sociology from Rutgers University and a Master of Arts degree in Sociology from George Mason University where he is currently a PhD candidate disserting. His research interests lie primarily in the intersection of transnationalism, crime and human rights.

BACKGROUND
In 1973, a ballot measure was adopted to establish a Police Review Commission for the community to participate in setting Police Department policies, practices, and procedures and to provide a means for investigation of complaints against sworn employees of the Police Department. The existing Police Review Commission consists of nine (9) commissioners that are appointed by the Mayor and City Council, and is supported by three (3) full-time equivalent employees.

On November 3, 2020, Berkeley voters adopted Measure II, a Charter Amendment that established the Office of the Director of Police Accountability that consists of a new

Appointment of Director of Police Accountability CONSENT CALENDAR October 11, 2022

position, Director of Police Accountability, and the Police Accountability Board. The Police Accountability Board replaces the existing Police Review Commission.

Pursuant to Measure II, the purpose of the Police Accountability Board is to promote public trust through independent, objective, civilian oversight of the Berkeley Police Department, provide community participation in setting and reviewing Police Department policies, practices, and procedures, and to provide a means for prompt, impartial and fair investigation of complaints brought by members of the public against sworn employees of the Berkeley Police Department. The Director of Police Accountability, a position to be filled by the City Council at a noticed public meeting, is responsible for investigating complaints filed against sworn employees of the Berkeley Police Department, carrying out the work of the Police Accountability Board, and overseeing the day-to-day operations of the Office of the Director of Police Accountability, amongst other responsibilities as outlined in Measure II. Both the Police Accountability Board and Director of Police Accountability are independent of the City Manager, except for administrative purposes, and report to the Mayor and City Council.

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

RATIONALE FOR RECOMMENDATION
Mr. Aguilar has an extensive background in civilian police oversight and public administration and as a long-standing employee with the City of Charlottesville.

As a practitioner of civilian oversight, Mr. Aguilar has been an active participant and contributor to the National Association of Civilian Oversight of Law Enforcement (NACOLE). He has collaborated in the NACOLE Review, as a moderator and presenter at various annual conferences and a subcommittee member supporting various NACOLE initiatives. He was a candidate for the at-large Board member position in the 2022 NACOLE election, but did not receive the votes to secure the position.

Mr. Aguilar holds a B.A. in Criminal Justice and Sociology from Rutgers University and a Master of Arts degree in Sociology from George Mason University where he is currently a PhD candidate disserting. His research interests lie primarily in the intersection of transnationalism , crime and human rights. He is well qualified to assume the responsibilities of the Director of Police Accountability.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
LaTanya Bellow, Deputy City Manager, City Manager's Office (510) 981-7012 Attachment:
1: Resolution
Exhibit A: Employment Contract

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

APPOINTMENT OF HANSEL AGUILAR AS DIRECTOR OF POLICE

ACCOUNTABILITY
WHEREAS, Section 125 of the City Charter provides that the Director of Police Accountability shall be appointed by the City Council to implement Measure II adopted on November 3, 2020, oversee the operations of Office of the Director of Police Accountability and carryout the work of the Police Accountability Board; and WHEREAS, Hansel Aguilar has an extensive background in civilian police oversight and public administration and has been an active participant and contributor to the National Association of Civilian Oversight of Law Enforcement; and WHEREAS, Mr. Aguilar received a B.A. in Criminal Justice and Sociology from Rutgers University and a Master of Arts degree in Sociology from George Mason University where he is currently a PhD candidate disserting.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council hereby confirms the City Manager's recommendation of Hansel Aguilar as the Director of Police Accountability, with an annual salary of $200,000 on the same terms and conditions as other, regular at will employees to be effective October 24, 2022.

AGREEMENT
This Agreement is made and entered into on ____, 2022, between the City of Berkeley, a Charter City, organized and existing under the laws of the State of California (“City”), and Hansel Aguilar (“Mr. Aguilar”). The City and Mr. Aguilar are referred to herein collectively as the “Parties.”
This Agreement is made with reference to the following facts and objectives:

A. The Office of the Director of Police Accountability is established by the Charter of the City of Berkeley (“City Charter”), Article XVIII, Section 125, Subsection (1).

B. The City invests the City Council with the sole authority to appoint the Director of Police Accountability; and the City Council desires to employ the professional services of Mr. Aguilar as the Director of Police Accountability for the City of Berkeley.

C. Mr. Aguilar agrees to serve as the Director of Police Accountability of the City of Berkeley in accordance with the Berkeley City Charter.

D. Both the City and Mr. Aguilar wish to set forth in writing the terms and conditions of Mr. Aguilar’s employment as the Director of Police Accountability for the City of Berkeley.

Therefore, in consideration of the mutual promises and covenants set forth herein, the Parties agree as follows:

1. COMMENCEMENT AND TERMINATION
The City Council hereby employs Mr. Aguilar as the Director of Police Accountability, and Mr. Aguilar hereby accepts said employment commencing remotely on October 24, 2022 and in-person on November 28, 2022. Pursuant to Charter Section 125, Subsection (14)(e), Mr. Aguilar is an at-will employee of the City. He shall serve at the pleasure of the City Council, which may remove Mr. Aguilar from office with or without cause. In the event of a no-cause removal from office, Mr. Aguilar shall be eligible to receive severance payment in accordance with the provisions of Sections 3.e through 3.g of this Agreement. In the event that Mr. Aguilar voluntarily resigns his employment, he shall make best efforts to give notice as provided in Section 3.g of the Agreement.

2. DUTIES
Mr. Aguilar shall perform the duties of Director of Police Accountability as set forth in Charter Section 125, including but not limited to those duties set forth in Subsections (12), (14), (16), and (18), as well as any other duties determined by the City Council.

3. COMPENSATION AND EVALUATION
a. The City shall pay Mr. Aguilar for services rendered by him pursuant to this Agreement an annual base salary of two hundred thousand dollars ($200,000). Said salary shall be paid on the dates and in the manner consistent with the payroll

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procedures in use for City of Berkeley career employees. In addition, Mr. Aguilar shall receive such employee benefits as are provided to the City’s regular-at-will employees under the City’s Unrepresented Employee Manual, and any cost of living increases Council approves for regular-at-will employees covered by the City’s Unrepresented Employee Manual.

The City, in its sole and absolute discretion, may adjust the annual base salary of Mr.

Aguilar at such times and to such extent as the City may determine. In exercising its discretionary authority, the City shall act fairly and in good faith with Mr. Aguilar. In no case shall Mr. Aguilar’s annual base salary be decreased unless such decrease is a percentage consistent with a decrease applicable to all employees of the City generally.

Within three months of appointment, the City Council shall jointly establish objective, verifiable measures of Mr. Aguilar’s performance, to be completed during the first year of Mr. Aguilar’s employment. The City Council shall provide Mr.

Aguilar with a performance evaluation at the end of the first year or soon thereafter.

During the initial performance evaluation, Mr. Aguilar shall present to the City Council his goals and priorities for the Office of the Director of Police Accountability. An assessment of salary increase shall be part of the evaluation process. For each subsequent year during the term of this Agreement, the Parties shall endeavor to establish prospective objective, verifiable measures of performance for the ensuing year. As part of each annual performance evaluation, Mr. Aguilar shall present on goals and priorities for the Office of the Director of Police Accountability and key accomplishments over the past year.
b. The City shall pay relocation assistance to move Mr. Aguilar’s household goods & belongings - three bids will be provided by Mr. Aguilar for the City to select and pay directly.
c. The City shall also pay a temporary housing allowance of $4000/month for 6 months.

The total payments for this temporary housing allowance shall not exceed $24,000. d. The City makes no representation about the tax consequences of the relocation assistance or temporary housing allowance payments discussed in Section 3(b) and (c) above. Mr. Aguilar is solely responsible for determining the tax consequences of such payments and paying such taxes.
e. In the event that Mr. Aguilar is removed from office by the City Council without cause and during such time as Mr. Aguilar is able and willing to perform his duties under this Agreement, the City shall (1) provide Mr. Aguilar with notice at least one (1) month in advance of the final date of employment; and (2) pay Mr. Aguilar as severance pay (i) a lump- sum cash payment in an amount equal to two (2) months of salary, for every month of service as the DPA after the date of this Agreement, but under no circumstances shall said payments exceed twelve (12) months of salary; and (ii) any vacation leave accrued as of the date of termination. As a condition precedent to receiving the severance payment discussed in this subsection, Mr.

Aguilar must sign a comprehensive release and waiver of all claims against the City

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covering all claims surrounding his employment and termination of employment with the City.
f. Notwithstanding the provisions of Section 3.e, in the event the City Council terminates Mr. Aguilar for cause, the City shall have no obligation to provide any severance pay. As used in this section, “cause” shall mean conviction of, or no contest plea, to a felony or any crime involving moral turpitude or personal gain. In the event the City terminates Mr. Aguilar for cause, Mr. Aguilar shall be entitled only to such salary accrued to the date of termination, and such other termination benefits and payments as are required by law.
g. In the event that Mr. Aguilar voluntarily and without the official request of the City resigns as Director of Police Accountability, Mr. Aguilar shall make best efforts to provide written notice to the City at least thirty (30) days in advance of the final date of employment, unless the parties agree otherwise. Such resignation shall not be deemed to be a “removal” or “termination” within the meaning and context of the above severance pay provisions

4. VACATION AND SICK LEAVE
a. Mr. Aguilar shall receive four weeks (160 hours) of vacation leave annually. Annual vacation leave shall be administered in the same manner as vacation is administered for department head employees of the City with regard to timing of credits and buyback policy. Maximum vacation accrual is 320 hours. Mr. Aguilar shall accrue fifteen (15) days of sick leave annually with unlimited accumulation. Sick leave may be used in accordance with policies applicable to department head employees of the City.
b. The City shall pay for professional dues and subscriptions of Mr. Aguilar necessary for his performance as DPA, subject to any budgetary limitations set by City Council. c. The City shall pay travel and meal expenses of Mr. Aguilar for professional and office travel, meetings, and occasions adequate to continue Mr. Aguilar’s professional development and to allow him to adequately pursue necessary official functions for the City, subject to budget limitations The City also shall pay tuition, travel, and meal expenses of Mr. Aguilar for short courses, institutes, and seminars that are necessary for his professional development and for the good of the City, subject to budget limitations. All reimbursements for travel and meal expenses shall be processed pursuant to applicable City regulations which apply to all City employees. Mr.

Aguilar may request, and the City in its sole discretion may approve for funding, graduate level education programs, which may include reimbursement for tuition, books and travel.

5. AMENDMENT
The City and Mr. Aguilar may at any time mutually agree to amend or terminate this Agreement. Any such agreement must be in writing and signed by the Parties to this Agreement. If the City Charter is amended to conflict with any clause in this Agreement,

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the amended City Charter shall control and inconsistent provisions of the contract shall be void and unenforceable.

6. ENTIRE AGREEMENT
This Agreement supersedes any other agreements, written or oral, expressed or implied, between the City and Mr. Aguilar.

7. INDEMNIFICATION
The City shall defend, hold harmless, and indemnify Mr. Aguilar against any claims, demands, or legal actions, whether specious, frivolous, or otherwise, arising out of an alleged act or omission, direct or indirect, occurring within the scope and during the course of Mr. Aguilar’s employment with the City. Mr. Aguilar will cooperate in good faith with the City with respect to defense of such claims, demands, or legal actions. This provision shall not apply where a claim, demand, or legal action is premised on any action or omission by Mr. Aguilar that is felonious or involves moral turpitude.

8. SEVERABILITY
In the event that any term of this Agreement is finally held or determined to be illegal or void by a court having jurisdiction over the City and Mr. Aguilar, the remainder of this Agreement shall remain in full force and effect unless the term or terms held to be illegal or void are wholly inseparable from the remaining provisions of the Agreement. If any part of this Agreement is determined to be illegal or void by a court of competent jurisdiction, the parties shall meet and confer to re-negotiate such illegal or void term(s).

9. GOVERNING LAW
This Agreement shall be governed by the laws of the State of California.

IN WITNESS WHEREOF, the Parties have executed this Agreement which shall be effective upon approval by the City Council.

CITY OF BERKELEY HANSEL AGUILAR
By_________________________ By_________________________ Jesse Arreguin, Mayor
Approved as to Form
By_________________________
Farimah Faiz Brown, City Attorney

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

CONSENT CALENDAR
October 11, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: LaTanya Bellow, Deputy City Manager
Subject: Appointment of Director of Human Resources

RECOMMENDATION
Adopt a Resolution confirming the appointment of Aram Kouyoumdjian as the Director of Human Resources to be effective November 7, 2022 at an annual salary of $231,000.

FISCAL IMPACTS OF RECOMMENDATION
The salary and benefits for the Director of Human Resources are included in the Fiscal Years 2023-2024 Department budget. The position is paid 90% from the General Fund (Budget Code: 011-34-341-000-0000-000-412-511110) and 10% from the Employee Training Fund (Budget Code: 146-34-341-000-0000-000-412-511110).

CURRENT SITUATION AND ITS EFFECTS
Aram Kouyoumdjian has worked at the City of Los Angeles since April 2016 as the Assistant General Manager of the Personnel Department. He has a lengthy employment history in Human Resources. He has worked for the Los Angeles Unified School District as Associate General Counsel for Human Resources matters and for a private litigation firm handling employment matters.

In accordance with the City Charter, Section 28(b) of Article VII, I am submitting my selection for the Director of Human Resources to the City Council for confirmation. I have selected Aram Kouyoumdjian for appointment to the Director of Human Resources position, to be appointed with an annual salary of $231,000. I am requesting confirmation of this appointment so that I may formally offer this regular at will benefited department head position to Aram Kouyoumdjian to be effective November 7, 2022.

The City retained Wendi Brown HR Consulting, an executive search firm, to conduct an extensive, nationwide search for a new Director. The City conducted a competitive interview process consisting of two interview panels including, technical experts and city department directors. Top candidates were recommended for final interviews conducted by the City Manager, City Attorney and Deputy City Manager.

Appointment of Director of Human Resources CONSENT CALENDAR October 11, 2022

BACKGROUND
The Human Resources team serves the Berkeley community’s need for a well-qualified high performing workforce by attracting and retaining a talented and diverse City government workforce. The role of the Human Resources Department is to serve as a strategic business partner to its internal and external customers and provide leadership, expertise, support and guidance to other City Departments in the areas of recruitment and selection for employment, occupational health and safety, employee benefits, workers' compensation, employee development and training, employee relations and equal employment opportunity programs and Classification and Compensation. The Human Resources Department has 22 staff and is organized into five divisions consisting of:

Office of the Director
The Office of the Director provides overall leadership and administrative direction for all Human Resources Department activities. The Director of Human Resources acts as the City Manager’s representative for all disciplinary and grievance appeals, and serves as Secretary and provides staff support to the Personnel Board as established by Section 119 of the City Charter. In addition to serving as Lead Strategist/Chief Negotiator with all employee groups.

Personnel and Administrative Services
The Personnel and Administrative Services Division conducts all merit-based recruitment and examination activities in accordance with the City’s Personnel Rules and Regulations, Federal and State laws, and other Ordinances and Resolutions adopted by City Council. Recruitment and examination activities include: developing examination plans, creating job announcements, conducting advertisement campaigns, reviewing applications, coordinating rater panels, administering exams, conducting statistical analyses of tests, and conducting new hire orientations and processing related paperwork
Employee and Labor Relations
The Employee Relations Division conducts all labor relations activities with the City’s seven labor organizations and represents the City Manager on employee relations matters; advises department staff on labor contract interpretations, Federal and State employment laws, and human resources policies and procedures; and manages and reviews grievances and disciplinary issues. The division also administers and assists departments with the City’s benefits, Workers’ Compensation, and Occupational Health and Safety programs.

Training and Organizational Development
The Training and Organizational Development Division administers and oversees the Citywide Training Program, which is designed to provide ongoing training and development to employees in skills that are fundamental to successfully achieving the City’s mission. The Citywide Training Program builds employee capacity in the “Three C’s” – Customer Service, One City Team, and Continuous Learning

Appointment of Director of Human Resources CONSENT CALENDAR October 11, 2022

Equal Employment Opportunity and Diversity
The Equal Employment Opportunity (EEO) and Diversity Division administers, implements, and coordinates the City’s EEO matters; ensures compliance with EEO provisions; enforces diversity fforts pertaining to recruitment and retention; administers the City’s Harassment Prevention Policy and discrimination complaint process; conducts internal investigations of complaints filed, and assesses reasonable accommodation requests in compliance with the provisions of the Americans with Disabilities Act (ADA) and the CA Fair Employment and Housing Act (FEHA)

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

RATIONALE FOR RECOMMENDATION
Aram Kouyoumdjian has over twenty years of experience having started his career as a Litigation Attorney. He transitioned to Associate General Counsel for Los Angeles Unified School District handling Human Resources related matters. He has spent the last six years as the Assistant General Manager for the City of Los Angeles Personnel Department and has led the Public Safety Recruitment and Selection, Background Investigations, Medical Services, and the Office or Workplace Equity. He holds a Juris Doctor with distinction from University of Pacific, and a Masters of Arts in English. He also has a number of Executive Leadership certificates from Wharton School of Business and Harvard University Extension programs.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Dee Williams-Ridley, City Manager, City Manager's Office (510) 981-7000 Attachments:
1: Resolution

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

CONFIRMING THE APPOINTMENT OF ARAM KOUYOUMDJIAN AS DIRECTOR OF

HUMAN RESOURCES
WHEREAS, Aram Kouyoumdjian is currently working as the Assistant General Manager of the Personnel Department with the City of Los Angeles and has over twenty years of experience working in Human Resources overseeing four operational divisions Recruitment and Selection, Office of Workplace Equity, Background Investigations and Medical Services with a combined staff exceeding 200 employees. He has significant experience working in the public sector in the Human Resources field; and WHEREAS, Mr. Kouyoumdjian was the Associate General Counsel for the Los Angeles Unified School District; and was responsible for representing the nation’s second largest school district in labor and employment law matters, litigation in federal and state courts, writ proceedings, grievance arbitrations, and administrative hearings. He provided legal advice to the Human Resources Division, the Personnel Commission, and the Office of Labor Relations,
WHEREAS, Mr. Kouyoumdjian Expanded Office of Workplace Equity and hired first-ever Chief Diversity, Equity & Inclusion Officer; developed and launched new Citywide equity policies and procedures, a cultural assessment initiative, and a multi-year inclusion plan; enhanced electronic reporting system (MyVoiceLA) for complaints of equal employment opportunity violations; and implemented implicit bias training for entire City workforce.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that it hereby confirms the City Manager's appointment of Aram Kouyoumdjian as the Director of Human Resources with an annual salary of $231,000 on the same terms and conditions as other regular at will employees effective November 7, 2022.

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

CONSENT CALENDAR
October 11, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: David Sprague, Interim Fire Chief
Subject: Purchase Order – Golden State Fire Apparatus Inc., for a Kenworth 3,000 Gallon Tender for Emergency Water Supply

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to issue purchase orders with Golden State Fire Apparatus Inc., piggybacking on Houston-Galveston Area Council (HCAG) contract No. FS12-19 for an amount not to exceed $448,273.90 through December 31, 2022.

FISCAL IMPACTS OF RECOMMENDATION
One-time funding for this project is available in the FY23 Fire Department in Budget Code: 778-72-742-835-0000-000-422-664120 (Measure Q).

CURRENT SITUATION AND ITS EFFECTS
On October 4, 2022 the Department was contacted by Golden State with the opportunity to purchase a Stock/Demo unit for a Pierce Manufacturing, Inc. STOCK Kenworth 3,000 Gallon Tender, this is a piggyback purchase per HGACBuy Contract No. FS12-19, Product Code FS19VE09.

For three years the Department has been trying to acquire a vehicle that is capable of storing 3,000 gallons of water that can be deployed immediately to any location within or adjacent to the City to make a quick attack on fires. In a post-earthquake scenario, the East Bay Mud (EBMUD) water delivery infrastructure may be compromised. This apparatus would also provide a large volume of water that could be deployed to the park lands adjacent to the City where there is limited to no water delivery infrastructure to help suppress a wildfire threatening the community.

BACKGROUND
The Fire Department (Department) has identified water supply, or lack thereof, as a critical issue for any post-earthquake fire suppression activity and/or any fire suppression that needs to occur in the City’s Wildland Urban Interface (WUI) or in Tilden Park. While Tilden Park is not within the City’s jurisdiction, our firefighters will be

CONSENT CALENDAR
October 11, 2022

some of the first on scene and a fire that starts in Tilden driven by aligned weather, would move quickly in to the City proper.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
This piece of apparatus will help the Department confront the impacts of climate change that are increasing the probability of wildfires that will start in or adjacent to the community.

RATIONALE FOR RECOMMENDATION
As part of its long-term planning to confront a post disaster scenario where lack of water will be a critical factor that hampers mitigation, the Department has been trying to acquire a water tender for over three years through the normal (pre-pandemic) design and acquisition process. Due to Pandemic related supply chain shortages, the chassis this type of vehicle is built upon has not been available.

ALTERNATIVE ACTIONS CONSIDERED
Wait for the normal purchasing process to recover and place an order then, which it likely to delay delivery for 2-5 years.

CONTACT PERSON
David Sprague, Interim Fire Chief, Fire Department, (510) 981-3473 Attachments:
1: Resolution

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

PURCHASE ORDER: GOLDEN STATE FIRE APPARATUS INC., FOR A KENWORTH 3,000 GALLON TENDER FOR EMERGENCY WATER SUPPLY
WHEREAS, the Fire Department (Department) has identified water supply, or lack thereof, as a critical issue for any post-earthquake fire suppression activity and/or any fire suppression that needs to occur in the City’s Wildland Urban Interface (WUI) or in Tilden Park. While Tilden Park is not within the City’s jurisdiction, our firefighters will be some of the first on scene and a fire that starts in Tilden driven by aligned weather, would move quickly in to the City proper, and
WHEREAS, for three years the Department has been trying to acquire a vehicle that is capable of storing 3,000 gallons of water that can be deployed immediately to any location within or adjacent to the City to make a quick attack on fires, and WHEREAS, on October 4, 2022 the Department was contacted by Golden State with the opportunity to purchase a Stock/Demo unit for a Pierce Manufacturing, Inc. STOCK Kenworth 3,000 Gallon Tender, this is a piggyback purchase per HGACBuy Contract No.

FS12-19, Product Code FS19VE09.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to issue a purchase order with Golden State Fire Apparatus Inc., piggybacking on Houston-Galveston Area Council (HCAG) contract No. FS12-19 for an amount not to exceed $448,273.90 through December 31, 2022. The funds will come from Budget Code: 778-72-742-835-0000-000-422-664120 (Measure Q).

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7100 ● TDD: (510) 981-6903 ● Fax: (510) 981-7199 E-Mail: [email protected]

ACTION CALENDAR
October 11, 2022
To: Members of the City Council
From: Mayor Jesse Arreguín
Subject: Guidelines for Public Process, Expenditure and Oversight of $650 Million Affordable Housing and Infrastructure Bond

RECOMMENDATION
Adopt a Resolution establishing guidelines for the allocation of the proposed $650 Million Affordable Housing and Infrastructure Bond, if adopted by the voters, including:
1) Commitment to the expenditure of bond funds for affordable housing projects and specific infrastructure categories;
2) The proposed public process to be implemented, including plans and policies to guide the development of project plans, public meetings and the role of advisory Commissions and staff level prioritization of initial project recommendations; 3) Specific direction regarding required annual reporting, the role of the Bond Oversight Committee; and requirements for audits of bond expenditures. 4) Recommended direction regarding independent construction management and oversight of bond-funded City capital projects.

BACKGROUND
The urgent need for affordable housing, the accelerating impacts of climate change, and aging public buildings and infrastructure, create challenges for safety, equity, sustainability, and resilience, and require significant new funding to meaningfully address these priorities.

The City Council has identified critically needed investments in affordable housing; improved streets and sidewalks; green, vibrant, and well-maintained parks, streetscapes and other open spaces; pedestrian and bicycle safety improvements; public and historic buildings; recreational facilities, pools and the waterfront; and above and below-ground infrastructure.

To address the need for affordable housing and improved infrastructure, on August 3, 2022, the Berkeley City Council voted unanimously to submit to the voters, at the November 8, 2022 General Municipal Election, a measure seeking authorization to issue up to $650 million dollars in general obligation bonds to finance “Improvements” including affordable housing, street rehabilitation, traffic safety improvements, undergrounding of utilities on evacuation routes and other infrastructure projects. If approved by the voters, the City would be able to issue one or more series of bonds to finance capital improvements for housing and infrastructure, which can also leverage federal, state, regional and private sources of funding.

If the measure passes, the attached Resolution is designed to provide supplemental guidelines on spending priorities, public participation in determining the expenditure of bond revenues, and specific oversight and accountability requirements.

State of California law authorizes the City to issue general obligation bonds for municipal improvements pursuant to certain provisions of the California Government Code including Article 1, commencing with Section 43600, of Chapter 4 of Division 4 of Title 4 or Article 4.5, commencing with Section 53506, of Chapter 3 of Part 1 of Division 2 of Title 5. State law further prohibits the use of general obligation bond revenues for maintenance of capital assets. In addition, Section 7.64 of the Berkeley Municipal Code authorizes the City to issue general obligation bonds for the acquisition, construction or completion of municipal improvements related to affordable housing. Bond revenues may only be used for new capital expenditures for specified “Improvements”.
“Improvements” Defined
Resolution No. 70,492-N.S. (“Bond Resolution”) which placed the bond measure on the November 2022 ballot and Exhibit A, the text of the measure, specifically defined the “Improvements” to be financed to include:
 Financing the acquisition or improvement of real property for affordable housing and social housing; and
 The acquisition and improvement of real property for public infrastructure and facilities including but not limited to: the City’s streets (including pavement, traffic safety, pedestrian, accessibility, bicycle, and streetscape improvements), sidewalks and paths; public utilities, including the undergrounding of utilities on evacuation routes; parks, the waterfront and pier, and other natural and landscaped areas; pools, recreation, and senior facilities; camps; buildings; storm drains and green infrastructure; civic, historic, and cultural sites; and other public open spaces, buildings, infrastructure, facilities, and amenities, including construction, repair, renovation, replacement, or reconstruction, so that the public can continue to benefit from safe, more sustainable, resilient, and enjoyable Infrastructure Improvements, and the Infrastructure Improvements will include any public art integrated into the Infrastructure Improvements consistent with Berkeley Municipal Code Chapter 6.13.

Given the legal restrictions on the use of bond funds for maintenance, the City allocate funding from its General Fund for ongoing maintenance. To that end, the City Council through Resolution No. 70,456-N.S. adopted a fiscal policy to allocate $8 Million annually in General Fund monies for street maintenance, to be adjusted annually for inflation. The allocation is intended to augment the existing street paving budget of $7.3 Million for a total commitment of $15.3 Million annually. This will help prevent further deterioration of street pavement conditions.

Spending Priorities
The Bond Resolution specified the Improvements to be financed by the bonds and recommendations on spending priorities. Spending recommendations are detailed on page 6 of the Resolution and specify that “Projects to be funded by $650 million in bonds include but are not limited to:
 Estimated cost of the Affordable Housing Improvements to be funded by the bonds is $200 Million.
 Estimated cost for the Infrastructure Improvements related to streets, sidewalks and traffic safety to be funded by the bonds is $300 million of which $231 million is for street paving and reconstruction and integrated traffic safety improvements if feasible, with the

remainder ($69 million) for sidewalks, paths, traffic safety improvements including bike and pedestrian facilities and streetscape improvements.  An estimated $50 Million for undergrounding utilities on evacuation routes.  The remaining $100 million is for all other eligible infrastructure improvements including but not limited to: improvements reducing the risk and impacts of climate change including flooding through stormwater and sea level rise; improvements to City parks, pools, camps, and recreation facilities, including the Berkeley Waterfront and Municipal Pier; improvements that revitalize the historic Civic Center as a cultural and civic hub for the community; and improvements to public buildings, infrastructure, open space, and facilities.

Further the Bond Resolution states that the proceeds of the sale of the bonds will be used to finance the acquisition and construction of real property for the “Improvements” as defined in the Resolution along with any fees and costs associated with the issuance of the bonds.

The improvements will be funded and completed as needed and each project is assumed to include its share of costs including planning, program management and construction. The final cost of each Improvement/project will be determined as plans are finalized, construction bids are awarded, or projects completed. In addition, funding is expected from sources other than bonds and will be used to supplement the cost of the Improvements to ensure project delivery and maximize the number of projects funded.

While the measure does define the “Improvements” in some detail which can be funded through the issuance of bonds, it also includes language to ensure flexibility and adaptive planning as the bonds are issued and projects identified through the work of staff, advisory commissions and the public. Key to the development of project funding recommendations is the use of adopted plans and policies including the Vision 2050 Program Plan, pavement management system; and Transportation, Vision Zero, Bicycle, and Pedestrian plans, as adopted or amended by the City Council from time to time. Nevertheless, there is a need to provide greater clarity about the commitments the city is making towards funding categories of projects if the bond measure passes. Therefore, the attached resolution specifies that “The City Council hereby commits that if the measure passes, it shall allocate bond revenues towards the following categories of projects and in the amounts specified:

1. $200 million to finance the Affordable Housing Improvements for the acquisition and improvement of real property related to affordable housing and social housing.

2. $300 million for Infrastructure Improvements related to streets, sidewalks and traffic safety including $231 million for street paving and reconstruction, including integrated traffic safety improvements for traffic calming and diversion where necessary to prevent paving-related increases in vehicle volume and speed.

3. $69 million for traffic safety projects, sidewalks, and streetscapes, prioritized according to adopted city plan recommendations. Bicycle and Pedestrian Plan recommended projects will be the top priority for the allocation of funding in this category. Additional bond funding for Infrastructure Improvements may supplement project funding for traffic safety, sidewalks, and streetscapes.

4. $50 million for undergrounding of utilities on evacuation routes.

5. $100 million for all other eligible Infrastructure Improvements including but not limited to improvements reducing the risk and impacts of climate change including flooding through stormwater and sea level rise; improvements to City parks, pools, camps, and recreation facilities, including the Berkeley Waterfront and Municipal Pier; improvements that revitalize the historic Civic Center as a cultural and civic hub for the community; and improvements to public buildings, infrastructure, open space, and facilities.

Public Participation
Key to the development of plans for bond expenditures is public participation and the input of City Boards and Commissions. Measure T1, the 2016 Infrastructure Bond, used an extensive public process involving commissions, staff, and public meetings and surveys to get input on project priorities. This resolution commits to using a similar process for the allocation of bond funds for Infrastructure Improvements. Affordable Housing Improvements will use the process outlined in the Housing Trust Fund Guidelines and the city may to the extent possible issue a consolidated solicitation combined with other housing funds to maximize the amount of funding available and projects eligible to be funded. This was the process used for the allocation of Measure O bond funds which enabled the city to finance over 800 permanently affordable units.

Bond Oversight
Independent citizen oversight is critical to ensuring that bond funds are spent for the purposes called for in the ballot measure. While prior measures delegated oversight to existing Boards and Commissions, given the amount of funding proposed and breadth of the bond measure, the City Council required that a separate “Affordable Housing and Infrastructure Bond Oversight Committee” be established to provide oversight of projects funded by bonds and the expenditure of proceeds of the bonds, and whether they are spent consistent with the purposes as set forth in the measure. By decoupling the role of citizen oversight from funding recommendations, the proposed measure will increase citizen participation and provide a targeted focus to review bond expenditures to ensure consistency with legal process. This is similar to the process employed by the Berkeley Unified School District and other public agencies.

The resolution outlines the requirements for eligibility to serve on the new Bond Oversight Committee and provides more specificity on their responsibilities.

Accountability and Transparency
The text of the measure also outlines other accountability measures including the process for approving bond expenditures, reporting requirements, and required annual independent audits.

This proposed resolution provides more detail on these areas with input provided by City staff.

Independent Construction Project Management
Some school districts and public agencies require that an independent Construction Project Manager oversee the bidding and construction process to ensure that projects stay within the amount budgeted, are delivered on time and meet legal requirements and workplace standards.

Berkeley has not instituted independent construction project management in the past, but rather relies on City staff to oversee project delivery. Given the scope of this bond measure, this resolution recommends that the City Manager employ an independent construction project manager to provide oversight over the bidding and construction process for Infrastructure Improvements. Specifically, it recommends that the City Manager provide the Council with recommendations on how independent construction oversight can be delivered within existing laws and requirements overseeing public works contracts simultaneous with an implementation plan for the bond program. Independent construction management can also provide more staff capacity to deliver projects given the scope of the bond program and limited staffing resources.

FINANCIAL IMPLICIATIONS
Adoption of the Resolution will not impact the amount of revenue to be generated from the issuance of bonds, but rather provide guidance to staff on the implementation of the

measure, and may lead to cost savings depending on how they are applied.

ENVIRONMENTAL SUSTAINBILITY
Implementing Vision 2050 would result in more resilient public infrastructure that creates fewer greenhouse gases and reduces conflict between our built and natural environment.

More affordable housing in Berkeley would reduce greenhouse gas emissions caused by employees finding lower cost housing farther away from employment centers and requiring longer commutes.

CONTACT PERSON
Jesse Arreguín, Mayor, (510) 981-7100
Attachments:

1. Proposed Resolution

2. Bond Measure Resolution No. 70,492-N.S.

Links to relevant documents related to previous oversight of City and regional tax measures:
 Resolution 69-575 (Measure FF) (9/22/2020)
 Designating the Disaster and Fire Safety Commission as the Citizens’ Oversight Committee for Expenditure of the Proceeds of Fire, Emergency Services and Wildfire Prevention Tax (Measure FF) (9/22/2020)
 Public Process for Implementation of Measure T1 (1/31/2017)  Process Guidelines for Prioritizing $100 Million Infrastructure and Facilities Bond Spending (9/13/2016)
 Resolution 67-522 (Measure T1) (5/31/2016)
 https://www.sfbayrestore.org/independent-citizens-oversight-committee  https://www.sfbayrestore.org/sites/default/files/2022- 06/Annual_OC_Letter_Final_2021_Signed.pdf
 https://www.sfbayrestore.org/sites/default/files/2021- 12/Oversight%20Committee%20Procedural%20Document_Rev12-10-21.pdf

RESOLUTION NO.

ESTABLISHING GUIDELINES FOR PUBLIC PROCESS, EXPENDITURE PRIORITIES, OVERSIGHT AND ACCOUNTABILITY OF REVENUE FROM A $650 MILLION AFFORDABLE

HOUSING AND INFRASTRUCTURE BOND MEASURE
WHEREAS, the urgent need for affordable housing, the accelerating impacts of climate change, and aging public buildings and infrastructure, create challenges for safety, equity, sustainability, and resilience, and require significant new funding to meaningfully address; and WHEREAS, the City Council has identified critically needed investments in affordable housing; improved streets and sidewalks; green, vibrant, and well-maintained parks, streetscapes and other open spaces; pedestrian and bicycle safety improvements; public and historic buildings; recreational facilities, pools and the waterfront; and above and below-ground infrastructure; and WHEREAS, to address the need for affordable housing and improved infrastructure, on August 3, 2022, the Berkeley City Council voted unanimously to adopt Resolution No. 70,492-N.S. submitting to the voters at the November 8, 2022 General Municipal Election a measure seeking authorization to issue up to $650 million dollars in general obligation bonds to finance Improvements including affordable housing, street rehabilitation, traffic safety improvements, undergrounding of utilities on evacuation routes and other infrastructure projects; and WHEREAS, if approved by the voters, the City would be able to issue one or more series of bonds to finance capital improvements for housing and infrastructure, which can also leverage federal, state, regional and private sources of funding; and WHEREAS, Resolution No. 70,492-N.S. and Exhibit A, the text of the bond measure, defines the “Improvements” to be funded by the bonds and, and specifically states that the “Affordable Housing Improvements” are to finance the acquisition or improvement of real property for affordable and social housing including the application of bond proceeds by the City directly, or indirectly through third parties as loans, grants or other disbursements to qualified individuals, not-for-profit entities acting alone or together with tax credit investors, not-for-profit corporations, partnerships, associations, and government agencies, to acquire real property for the purpose of constructing, rehabilitating or preserving affordable and social housing, or to construct, rehabilitate or preserve affordable and social housing; including but not limited to newly constructed non-profit rental and ownership housing, supportive housing, and limited-equity housing cooperatives affiliated with community land trusts; and WHEREAS, Resolution No. 70,492-N.S. and the bond measure text also defines the “Infrastructure Improvements” as the acquisition and improvement of real property for public infrastructure and facilities including but not limited to: the City’s streets (including pavement, traffic safety, pedestrian, accessibility, bicycle, and streetscape improvements), sidewalks and paths; public utilities, including the undergrounding of utilities on evacuation routes; parks, the waterfront and pier, and other natural and landscaped areas; pools, recreation, and senior facilities; camps; buildings; storm drains and green infrastructure; civic, historic, and cultural sites; and other public open spaces, buildings, infrastructure, facilities, and amenities, including construction, repair, renovation, replacement, or reconstruction, so that the public can continue to benefit from safe, more sustainable, resilient, and enjoyable Infrastructure Improvements, and the Infrastructure Improvements will include any public art integrated into the Infrastructure Improvements consistent with Berkeley Municipal Code Chapter 6.13; and

WHEREAS, the measure authorizes the issuance of general obligation bonds, the object and purpose of which is to finance, by the City of Berkeley or a third party, the acquisition or improvement of real property for the “Improvements” as defined; and WHEREAS, the City Council recognizes the importance of ensuring adequate maintenance funding from existing sources for Infrastructure Improvements financed by the Bonds and not supplanting existing City infrastructure funding with proceeds of the Bonds; and WHEREAS, the City Council through Resolution No. 70,456-N.S. has adopted a fiscal policy to allocate $8 million annually in General Fund monies for street maintenance (the “Street Maintenance Funding Policy”), to be adjusted annually for inflation. The allocation is intended to augment the existing street paving budget of $7.3 million, for a total street maintenance commitment of $15.3 million annually, adjusted for inflation; and WHEREAS, while the measure defines the “Improvements” eligible to be funded and the amounts allocated for Affordable Housing Improvements ($200 million) and Infrastructure Improvements ($450 million), there is a need for more specificity about the commitments the city is making towards funding categories of projects if the bond measure passes; and WHEREAS, in the event the measure passes, this Resolution is designed to provide supplemental guidelines on spending priorities, public participation in determining the expenditure of bond revenues, and specific oversight and accountability requirements.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley:

That the City Council hereby commits that, if the measure passes:

A. Funding Allocation of bond revenues will be directed toward the following categories of projects and in the amounts specified:

1. $200 million to finance the Affordable Housing Improvements for the acquisition and improvement of real property related to affordable housing and social housing.

2. $300 million for Infrastructure Improvements related to streets, sidewalks and traffic safety including $231 million for street paving and reconstruction, including integrated traffic safety improvements for traffic calming and diversion where necessary to prevent paving-related increases in vehicle volume and speed.

3. $69 million for traffic safety projects, sidewalks, and streetscapes, prioritized according to adopted city plan recommendations. Bicycle and Pedestrian Plan recommended projects will be the top priority for the allocation of funding in this category. Additional bond funding for Infrastructure Improvements may supplement project funding for traffic safety, sidewalks, and streetscapes.

4. $50 million for undergrounding of utilities on evacuation routes.

5. $100 million for all other eligible Infrastructure Improvements including but not limited to improvements reducing the risk and impacts of climate change including flooding through stormwater and sea level rise; improvements to City parks, pools, camps, and recreation facilities, including the Berkeley Waterfront and Municipal Pier; improvements that revitalize the historic Civic Center as a cultural and civic hub for the community; and improvements to public buildings, infrastructure, open space, and facilities.

B. Public Participation for Infrastructure Improvements will include an extensive public process, similar to what was established for the implementation of Measure T1 the 2016 Infrastructure Bond, involving input from boards and commissions, staff, public meetings

and surveys to get input on project priorities. Affordable Housing Improvements will use the process outlined in the Housing Trust Fund Guidelines and for the allocation of Measure O bond funding and the city will issue a consolidated solicitation combined with other housing funding to maximize the amount of funding allocated to projects.

C. Oversight of projects funded by bonds and the expenditure of proceeds of the bonds, will be conducted by a newly established “Affordable Housing and Infrastructure Bond Oversight Committee” (“Oversight Committee”), that will be appointed by each member of the City Council and approved by the entire body, to ensure funds are spent consistent with the purposes of the bonds as set forth in the measure. The Oversight Committee shall establish a similar process employed by the Berkeley Unified School District and other public agencies. Members of the Oversight Committee shall demonstrate expertise in one or more of the following categories: affordable housing development or management, governmental grant funding, public works project management or construction, climate change and environmental resiliency, adaptive planning, architecture, engineering, finance, transportation including pedestrian and bicycle safety, disaster preparedness and emergency response or management, communications and technology infrastructure, park or public space design, waterfront design or management
D. Accountability and Transparency. Annual reports will be provided to City Council regarding the amount of bond funds collected and expended, the amount of leveraged funding applied to projects and the status of the Improvements and impact on infrastructure need in each category. An annual independent financial audit of the receipts and expenditures of bond funds will be provided to City Council. The City Manager will provide a website, specific to the measure, updated at least quarterly, and dedicated to the on-going progress, fiscal management and implementation of the bond funds and projects. The City Manager will also publish an annual report that will be mailed to the public dedicated to fiscal management and implementation of the measure.

E. Independent Construction Project Management. The City Manager shall employ an independent construction project manager to provide oversight over the bidding and construction process for Infrastructure Improvements. The City Manager will provide the Council with recommendations on how independent construction oversight can be delivered within existing laws and requirements overseeing public works contracts simultaneous with an implementation plan for the bond program.

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

ACTION CALENDAR
October 11, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Lisa Warhuus, Director, Health, Housing and Community Services Subject: Measure O Bond Impacts on Affordable Housing Development in Berkeley

RECOMMENDATION
Review and discuss the presentation on Measure O Bond impacts on affordable housing development in Berkeley.

SUMMARY
In 2018 Berkeley voters approved Measure O, a general obligation bond that will generate up to $135 million for affordable housing developments. As this report demonstrates, the funds have had a significant impact on the production of new affordable housing units; expanding the City’s Housing Trust Fund portfolio and creating a robust pipeline of new housing developments.

CURRENT SITUATION AND ITS EFFECTS
As of September 30, 2022, $111,379,307 in Measure O funds have either been committed (via an executed loan agreement) or awarded (by Council action) for specific affordable housing development projects. The projects with either committed or awarded Measure O funds are listed below:

Project Name Address Units Measure O Status
Jordan Court 1601 Oxford 35 $3,501,884 Occupied
Berkeley Way –
BRIDGE Affordable
2020 Berkeley
Way
89 $179,494 Lease-up
Berkeley Way Hope
Center - PSH
53 $6,731,092 Lease-up
Berkeley Way Hope
Center Shelter
2012 Berkeley
Way
44* $6,909,837 Lease-up
Maudelle Miller
Shirek Community
2001 Ashby 87 $12,932,000 Under
construction
Blake Apartments 2527 San
Pablo
63 $9,125,000 Under
construction
1740 San Pablo 1740 San
Pablo
54 $7,500,000 Predevelopment

Measure O Bond Impacts on Affordable Housing Development in Berkeley ACTION CALENDAR October 11, 2022

BUSD Workforce
Housing
1701 San
Pablo
110 $24,500,000 Predevelopment
BART sites North Berkeley
& Ashby BART
TBD $40,000,000 Planning
Measure O impact: >535
units
$111,379,307
* Shelter beds
Council also reserved $17 million from the third issuance of Measure O (anticipated in 2025) to support the following pipeline projects:

Project Name Address Units City Funding Status
Supportive Housing
in People’s Park
2566 Haste 119 $14,359,593 Predevelopment
St. Paul Terrace 2024 Ashby 50 $12,250,000 Predevelopment Together, the awarded, committed, and reserved funds account for $128,379,307 in Measure O funds. More details about these projects can be found in the attached Measure O Projects spreadsheet.

Measure O’s Impact on the City’s Affordable Housing Portfolio Measure O supplements the City’s Housing Trust Fund, which pools Affordable Housing Mitigation Fees, Inclusionary Fees, Commercial Linkage Fees, Condo Conversion Fees, and entitlement funds from the federal HOME program. Prior to Measure O, the City was able to fund no more than one new construction project every few years. The 15- unit Harmon Gardens was completed in 2011, and the next affordable new construction project was the 42-unit Harper Crossing, which was completed in 2018. The City issued a Request for Proposals in 2019 through which Council approved funding reservations for five new construction projects, all supported with Measure O, including two that were completed earlier this year. In 2010, the City had approximately 1,134 apartments in its portfolio of restricted affordable housing units. With completed projects, active projects, and pipeline projects, the City is on track to nearly double its portfolio in the coming years to over 2,000 apartments.

The following table shows the growth in the City’s affordable housing portfolio since 2010, and the impact Measure O has had on increasing the City’s inventory of apartments affordable to extremely low-, very low-, and low-income households.

Measure O Bond Impacts on Affordable Housing Development in Berkeley ACTION CALENDAR October 11, 2022

2010 2012 2014 2016 2018 2020 2022 Pipeline
500
700
900
1,100
1,300
1,500
1,700
1,900
2,100
Berke
ley Affordable Housing Portfolio
Year of Devel
opment Funding Reservation
Affordable Units
Measure O
Leveraging of City Funds
The City’s affordable housing development funds are most often reserved early in the predevelopment process. This allows project sponsors to compete for state and federal funds. Typically, the City executes a loan agreement once all permits are ready to issue and full financing has been secured, a process which usually takes years. At times City funds are loaned at site acquisition. As a result, funds may be reserved or committed for years before they are expended.

Most affordable housing developments leverage the City’s investment with at least 5-7 other funding sources. Measure O-funded projects that are completed or under construction have secured an average of $4.40 of other funding for every $1.00 of City funds. Leveraging data for funded developments can be found in the attachment to this report.

Measure O Disbursements
Once Measure O funds are committed to a project, they are typically disbursed on a monthly (or less frequent) schedule when the project sponsor has incurred eligible project expenses as well as satisfied various conditions of the loan agreement. The project sponsor submits an invoice along with documentation of each expense, which is reviewed and approved by multiple City staff before funds are released.

As of 9/30/2022 the City had disbursed $28,871,911 in Measure O funds through seven development loans. Four housing developments are complete or substantially complete

Measure O Bond Impacts on Affordable Housing Development in Berkeley ACTION CALENDAR October 11, 2022

(Berkeley Hope Center, Berkeley Hope Center Permanent Supportive Housing, BRIDGE Berkeley Way, and Jordan Court), two are in construction (Maudelle Miller Shirek Community and Blake Apartments), and site acquisition has been completed for 1740 San Pablo Ave. These represent a total of 221 units (including 44 shelter beds) completed with Measure O support to date, and another 150 currently in construction.

Developing affordable housing with Measure O funds is a Strategic Plan Priority Project, advancing our goal to create affordable housing and housing support service for our most vulnerable community members.

BACKGROUND
In November 2018 Berkeley voters adopted Measure O which allowed the City to issue up to $135 million in bonds to fund housing for "low-, very low-, low-, median-, and middle-income individuals and working families, including teachers, seniors, veterans, the homeless, students, people with disabilities, and other vulnerable populations.” As a bond measure dedicated to a specific purpose, Measure O required a two-thirds supermajority vote to pass. The measure passed with 77% of Berkeley voters voting in favor.

The City has issued Measure O bonds twice so far:
 In FY2020 the City issued $38,000,000 in Measure O bonds. The cost of issuing these bonds, including bond counsel, was $785,000. Net funds received were $37,215,000.
 In May 2022 the City issued $40,000,000 in Measure O bonds. The cost of issuing these bonds, including bond counsel, was $432,800. Net funds received were $39,567,200.

Measure O included provisions to establish an oversight committee as well as to conduct annual audits. The Measure O Bond Oversight Commission was first convened in April 2019. The Commission met seven times in 2019, one in 2020 prior to the pandemic, and again in February and March of 2021.

Subsequently, Council approved the assignment of Measure O oversight to the Housing Advisory Commission and dissolved the Measure O Bond Oversight Commission. The Commissions have reviewed requests for funding, made funding recommendations to Council and received information about the status of funding reservations and commitments. Neither commission produced its own report assessing the status of Measure O. Full commission packets are not available on the City’s new website.

Staff are in the process of contracting with an outside auditor to audit Measure O expenditures as required by the ballot measure. The first fiscal year including Measure O expenditures ended on June 30, 2021 and will be the first year to be audited.

Measure O Bond Impacts on Affordable Housing Development in Berkeley ACTION CALENDAR October 11, 2022

Members of the public who are interested in learning more about Measure O funds as they are allocated and expended can consult the Housing Advisory Commission meeting agendas and materials online, and/or attend the Commission meetings.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The City’s Housing Trust Fund Guidelines identify sustainable development as a City priority, and encourage developers to incorporate as many green building strategies and materials as is feasible. New construction affordable housing developments are typically built to third-party, green building standards such as LEED or GreenPoint Rated.

POSSIBLE FUTURE ACTION
Council will review and take action on funding reservations related to the development of affordable housing at the BART sites, which will be partially funded with Measure O funds.

FISCAL IMPACTS OF POSSIBLE FUTURE ACTION
Council’s funding reservations for pipeline or new affordable housing developments would allocate the remaining Measure O funds, and other available Housing Trust Funds.

CONTACT PERSON
Jenny Wyant, Senior Community Development Project Coordinator, HHCS, 510-981- 5228
Attachment:
1: Measure O-Funded Developments

Project Name Project Address Development Partner Description Units1 Affordability Total Measure O
Funds Committed
or Reserved2
Measure O
Disbursements
Through
September 2022
Total City
Funds
Reserved
Projected Sources of
Funds3 Project Status
BRIDGE Berkeley Way 2012 Berkeley Way BRIDGE Housing
89 affordable homes and services
for low- and very low- income
families.
89 50-60% AMI $179,494 $161,544 $2,774,925 Measure O, HTF Under Construction BFHP Hope Center 2012 Berkeley Way
Berkeley Food & Housing
Project (BFHP)/BRIDGE
Housing
32-bed homeless shelter, 12
transitional beds for homeless
veterans, a community kitchen and
wrap-around services for mental
health, substance abuse, job
training and social activities.
44 0-30% AMI $6,909,837 $5,354,255 $16,964,507
Berkeley's Housing Trust Fund
(HTF), Measure U14 (U1),
Measure O
Under Construction
BFHP Hope Center Permanent
Supportive Housing 2012 Berkeley Way BFHP/ BRIDGE Housing 53 permanent supportive housing apartments. 53 0-30% AMI $6,731,092 $6,250,345 $7,727,630 Measure O, HTF Under Construction Jordan Court 1601 Oxford Street Satellite Affordable Housing Associates (SAHA)
34 affordable studio units for
seniors. 12 units will also be set
aside for formerly homeless
households.
35 20-60% AMI $3,501,884 $2,906,118 $6,026,927 HTF, Measure O Completed Maudelle Miller Shirek Community 2001 Ashby Avenue Resources for Community Development (RCD)
86 apartments
for families and individuals. 12 units
will also be set aside for formerly
homeless households.
87 20-80% AMI $12,932,000 $2,336,537 $17,000,000 Measure O, U1, LHTF Under Construction Blake Apartments 2527 San Pablo
Avenue SAHA
21 studio units, eight one-bedroom
units, 33 two-bedroom units and
one three-bedroom manager’s unit.
12 units are prioritized for people
with an intellectual or
developmental disability.
63 30-60% AMI $9,125,000 $6,992,872 $12,000,000 Measure O, U1, State Local Housing Trust Fund (LHTF) Under Construction
1740 San Pablo Avenue 1740 San Pablo
Avenue BRIDGE Housing 53 new affordable homes for
families 54 30-60% AMI $7,500,000 $4,870,239 $7,500,000 Measure O Acquisition / Predevelopment
Berkeley Unified School District
(BUSD) Workforce Housing
Development
1701 San Pablo
Avenue BUSD/SAHA/Abode
Approximately 109 homes in a five
to six story building. Employees of
BUSD and their households will
have a leasing preference.
110 30-120% AMI $24,500,000 - $24,500,000 Measure O Acquisition / Predevelopment
BART Sites Ashby and North
Berkeley TBD TBD TBD TBD $40,000,000 - $53,000,000 TBD Planning >535 New Units $111,379,307 $28,871,911 $147,493,989
Supportive Housing at People's Park 2556 Haste Street RCD 118 affordable units with 62 units
set aside for formerly homeless
households.
119 10-50% AMI FR5 - $14,359,593 TBD Acquisition /
Predevelopment
St. Paul Terrace 2024 Ashby Avenue
Community Housing
Development Corporation
(CHDC)
49 affordable units, including 11
studios, 6 one-bedrooms and 17
two-bedrooms, and 15 three-
bedrooms.
50 30-60% AMI FR - $12,250,000 TBD Predevelopment
Ephesians Legacy Court 1708 Harmon Avenue CHDC 79 one-bedroom units. 80 30-60% AMI FP6 - $3,556,400 TBD Predevelopment 249 $30,165,993
Projects with City Funding Reservations
Measure O Impact
4 General Funds generated pursuant to Measure U1
5 Funding Reservation that the City Council has approved from currently availble affordable housing funds and from forward reservations of up to $17 million from the third issuance of Measure O bonds and $2.5 million in FY2023 general funds generated pursuant to Measure U1 6 Funding Prioritization by City Council priotitizing future housing funds (including but not limited to HTF and Measure O funds) City of Berkeley
Affordable Housing Projects Supported by Measure O
Total Authorized Bonds = $135M
Projects with Measure O Commitments and Reservations
1 total units, including managers' units
2 committed = in contract, and reserved = set aside for a particular project 3 the final mix of funds is determined at loan closing

Project Name Project Budget
City Funds
(including
Measure O)
Non-City Funds Leveraging
Ratio Non-City Sources Notes
BRIDGE Berkeley Way $ 62,563,741 $ 2,774,925 $ 59,788,816 22.5 A1, AHP, AHSC, Tax Credits, TE Bond
BFHP Hope Center $ 19,917,041 $ 16,964,507 $ 2,952,534 1.2 A1, BFHP BFHP Hope Center Permanent
Supportive Housing $ 39,589,497 $ 7,727,630 $ 31,861,867 5.1 A1, Boomerang, AHSC, NPLH, SHMHP, Tax Credits, TE Bond
Jordan Court $ 24,961,105 $ 6,026,927 $ 18,934,178 4.1 A1, AHP, NPLH, Tax Credits, TE Bond Maudelle Miller Shirek Community $ 86,930,256 $ 17,000,000 $ 69,930,256 5.1 AHSC, IIG, NPLH, Tax Credits, TE Bond
Blake Apartments $ 52,284,217 $ 12,000,000 $ 40,284,217 4.4 AHSC, DDS, HCD Accelerator, IIG -
A1
BFHP
Boomeran
g
AHP
AHSC
DDS
HCD Accelerator
IIG
NPLH
SHMHP
Tax Credits
TE Bonds
Non-City Funding Sources:

California Tax Credit Allocation Committee
California Debt Limit Allocation Committee - Tax Exempt Bonds are paired with 4% tax credits Department of Developmental Services
CA HCD - Housing Accelerator Fund
CA HCD - Infill Infrastructure Grant Program
CA HCD - No Place Like Home Program
CA HCD - Supportive Housing Multifamily Housing Program Federal Home Loan Bank - Affordable Housing Program
CA HCD - Affordable Housing and Sustainable Communities Program Alameda County funds
Berkeley Food and Housing Project Capital Campaign
Alameda County A1 Bond funds
average leveraging ratio for Berkeley Way as
a whole = 4.4
BRIDGE and BFHP spread the City subsidy
amongst the three projects, but prioritized the
shelter portion for City funding due to limited
sources for that type of housing.

Leveraging of Measure O/City Subsidy