Berkeley City Council
January 17, 2023

Consent Calendar
Tuesday, December 13, 2022 MINUTES Page 9
18a. Measure FF Budget Recommendation - Expanded Fire Prevention Inspection Program (Reviewed by the Public Safety Committee)
From: Disaster and Fire Safety Commission
Recommendation: With the risk of catastrophic wildfire steadily increasing due to climate change, the Disaster and Fire Safety Commission (DFSC) recommends prioritizing wildfire fuel reduction in the FY 23 and FY 24 Measure FF budget by expanding the Fire Department’s Fire Prevention Inspection Program and fully enforcing the existing Fire Code to clear vegetation build-up and overgrowth within 100 feet of structures in Berkeley’s Very High Fire Severity Zones (VHFSZs) (Fire Zones 2 and 3). In addition, the Fire Code would be strengthened as needed to require removal of hazardous vegetation on the entirety of properties beginning in FY

25. The program would provide for City vegetation management crews to clear vegetation where property owners opt into the program or fail to comply, with no- interest liens placed upon properties to recover direct costs upon transfer. Special emphasis should be placed on eucalyptus groves due to their high flammability and potential to create spot fires. Funding for this expanded program, together with the Fire Department’s existing home inspection program, which is focused on creating defensible space around structures, would be supported by devoting 21 percent and 26 percent of Measure FF revenues for FY 23 and FY 24, respectively.

Policy Committee Recommendation: Positive recommendation to adopt the City Manager’s recommendation as presented in the companion report.

Financial Implications: See Report
Contact: Keith May, Commission Secretary, (510) 981-3473 Action: See action for Item 18b.
18b. Companion Report: Measure FF Budget Recommendation – Expanded Fire Prevention Inspection Program (Reviewed by the Public Safety Committee) From: City Manager
Recommendation: That the Berkeley City Council reaffirms its support for the work being conducted by the Fire Department (Department) and considers the Disaster and Fire Safety Commission’s (DFSC) Report during the FY24 budget process if the DFSC so chooses to resubmit an updated version at that time.

Policy Committee Recommendation: Positive recommendation to adopt the City Manager’s recommendation as presented in the companion report.

Financial Implications: None
Contact: David Sprague, Fire, (510) 981-3473
Action: Approved recommendation as recommended by the Public Safety Committee.

Consent Calendar
Tuesday, December 13, 2022 MINUTES Page 10

19. Zero-Emission Vehicle Parking Support Letter
From: Environment and Climate Commission
Recommendation: Refer to the City Manager to send a letter to State Assemblymember Buffy Wicks and State Senator Nancy Skinner asking them to advance a proposal to allow cities to dedicate parking spaces for Zero-Emission Vehicles (ZEVs).

Financial Implications: See report.

Contact: Billi Romain, Commission Secretary, (510) 981-7400 Action: Approved recommendation.

Council Consent Items

20. Berkeley Holiday Fund: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Mayor Arreguin (Author), Councilmember Hahn (Co-Sponsor) Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember including $500 from Mayor Arreguin to the Berkeley Holiday Fund’s annual campaign with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Mayor Arreguin and any other Councilmembers who would like to contribute.

Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Adopted Resolution No. 70,654–N.S. revised to include contributions from the following Councilmembers up to the amounts listed: Mayor Arreguin - $500; Councilmember Harrison - $250; Councilmember Wengraf - $500; Councilmember Robinson - $250; Councilmember Humbert - $500; Councilmember Kesarwani - $100; Councilmember Taplin - $500; Vice-Mayor Bartlett - $250; Councilmember Hahn - $300.

Action Calendar – Public Hearings
Tuesday, December 13, 2022 MINUTES Page 11

21. Zoning Ordinance Amendments Making Technical Edits and Corrections to Berkeley Municipal Code (BMC) Title 23
From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt the first reading of an Ordinance containing technical edits, corrections and other non- substantive amendments to the following sections of the Zoning Ordinance:
- BMC Section 23.108.020 (Zoning Districts)
- BMC Section 23.202.020 (Allowed Land Uses)
- BMC Section 23.202.140 (R-SMU District)
- BMC Section 23.204.150 (R-BMU District)
- BMC Section 23.204.020 (Allowed Land Uses)
- BMC Section 23.204.060 (C-U District)
- BMC Section 23.204.080 (C-E District)
- BMC Section 23.204.100 (C-SA District)
- BMC Section 23.206.040 (Use-Specific Regulations)
- BMC Section 23.406.050 (Variances)
- BMC Section 23.502.020 (Glossary)
Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Public Testimony: The Mayor opened the public hearing. 0 speakers.

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

Vote: All Ayes.

Action: M/S/C (Arreguin/Robinson) to adopt first reading of Ordinance No. 7,850- N.S. with the authorization for staff to correct section numbering as needed. Second reading scheduled for January 17, 2023.

Vote: All Ayes.

Action Calendar – New Business

22. FY 2022 Preliminary Year End Status
From: City Manager
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000 Action: Presentation made. See action on Item 23.

Action Calendar – New Business
Tuesday, December 13, 2022 MINUTES Page 12

23. Amendment: FY 2023 Annual Appropriations Ordinance
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending the FY 2023 Annual Appropriations Ordinance No. 7,828-N.S. for fiscal year 2023 based upon recommended re-appropriation of committed FY 2022 funding and other adjustments authorized since July 1, 2022, in the amount of $176,583,851 (gross) and $170,322,312 (net).

Financial Implications: See Report.

Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000 Action: 11 speakers. M/S/C (Arreguin/Robinson) to adopt first reading of Ordinance No. 7,851-N.S. amending the FY 2023 Annual Appropriations Ordinance No. 7,828- N.S. for fiscal year 2023 based upon recommended re-appropriation of committed FY 2022 funding and other adjustments authorized since July 1, 2022, in the revised amounts of $178,289,951 (gross) and $172,028,412 (net) and as revised in Supplemental Communications Packet #2 by the City Manager and the Mayor including the revisions recommended by the Budget & Finance Committee. Second reading scheduled for January 17, 2023.

Vote: All Ayes.

24. Status Report - Berkeley's Financial Condition (FY 2012 - FY 2021): Pension Liabilities and Infrastructure Need Attention
From: City Manager
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000 Action: M/S/C (Arreguin/Wengraf) to continue the item to January 17, 2023.

Vote: All Ayes.

Councilmember Action Items

25. Resolution Supporting Trip Reduction Alternative for BUSD Berkeley High School Tennis and Parking Structure Project
From: Councilmember Taplin (Author), Councilmember Harrison (Co-Sponsor) Recommendation: Adopt a Resolution in support of a Trip Reduction Alternative to be included in the scope of the Environmental Impact Report for the Berkeley High School Tennis and Parking Structure Project at 2000 Bancroft Way, and send a copy of Resolution to the Berkeley Unified School District (BUSD) Board of Directors.

Financial Implications: None
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Item continued to January 17, 2023.

Public Comment – Items Not Listed on the Agenda - 3 speakers.

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

Vote: All Ayes.

Tuesday, December 13, 2022 MINUTES Page 13
Adjourned at 10:58 p.m.

Communications
North Berkeley BART Development

1. 9 similarly-worded form letters

2. genetic@igc

3. David Brandon

4. Donna DeDiemar

5. Barbara Fisher
Eviction Moratorium

6. Robert Bahme

7. Kathleen Lee Verani

8. Sarah Davis

9. Ron Edwards

10.Misha
Cost/Benefit Analysis of City Policies

11.Barbara Gilbert
Water Leak at Acton and Delaware

12.Gavin Tyler
Undemocratic Process

13.Ben and Sarah Davis
Cyclist Traffic Safety

14.Marc Hedlund
National Whistleblower Center

15.Boona Cheema

16.Christoverre Kohler
Horizons Shelter and SPARK Lease

17.Elana Auerbach

18.Boona Cheema
No Right Turn on Red

19.Michael Frantz
Indigenous Liberation

20.Sophie

Tuesday, December 13, 2022 MINUTES Page 14
Draft Housing Element

21.Michael Trujillo, on behalf of East Bay Community Law Center Berkeley High School Coach

22.Ramona Parks
Supplemental Communications and Reports 1
Item #6: City of Berkeley 2023 State and Federal Legislative Platform

23.Supplemental communications, submitted by the City Manager’s Office Item #8: Interactive Kiosk Experience (IKE) Smart City Kiosk Locations Phase Two

24.Luis Valdivia, on behalf of the Holiday Inn Express and Suites Item #23: Amendment: FY 2023 Annual Appropriations Ordinance

25.Cecilia Lunaparra
Supplemental Communications and Reports 2
Item #8: Interactive Kiosk Experience (IKE) Smart City Kiosk Locations Phase Two

26.Charlene Woodcock

27.Gael Alcock

28.Michael Weber

29.Summer Brenner

30.Geri McGilvray

31.Cliff Romig, on behalf of Donkey and Goat Winery

32.Carol Denney

33.Joan Ellis and Patrick Hooker, on behalf of Babette Café

34.Mary Curtis Ratcliff

35.Jane Kitchel

36.Phil Allen

37.Laurie Baumgarten
Item #23: Amendment: FY 2023 Annual Appropriations Ordinance

38.Supplemental material, submitted by Mayor Arreguin

39.Revised material, submitted by the City Manager’s Office

40.Ben Gerhardstein, on behalf of Walk Bike Berkeley

41.Jeremy Benin Yap

42.Brandon Yung (2)

43.Sharanya Sahu (2)

44.Kendra Levine

45.Grayson Savoie

46.Csilla Kenny

47.Jonathan Walden (2)

48.Chris Lee-Egan (2)

49.Warren Wells

50.Jordan Burns

51.Linsy Damashek

Tuesday, December 13, 2022 MINUTES Page 15
Time Critical

52.Time critical item, submitted by Councilmember Hahn
Supplemental Communications and Reports 3
City Manager Comments

53.Workforce Analysis, “A Hiring Crisis Amidst The Great Resignation” Item #8: Interactive Kiosk Experience (IKE) Smart City Kiosk Locations Phase Two

54.Visit Berekeley & Berkeley Film Office

55.Donna Mickleson

56.Mary Lee Noonan

57.Carol Denney (2)

58.Larry Hendel

59.Steve Wasserman, on behalf of Heyday Books
Item #13: Reserving Predevelopment Funds for the Development of Affordable Housing at the North Berkeley BART Station

60.David Lerman
Item #23: Amendment: FY 2023 Annual Appropriations Ordinance

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

62.Nicholas Heller

63.Rebecca Mirvish

64.Elana Auerbach (2)

65.Diana Bohn

66.Bill Press

67.Nora Shourd
Item #24: Status Report – Berkeley’s Financial Condition (FY 2012 – FY 2021):

Pension Liabilities and Infrastructure Needs Attention

68.Geoff Lomax

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
January 17, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Eleanor Hollander, Economic Development Manager Subject: Approval of donated sculpture gift, Queen Shamiram by Fred Parhad, valued at $225,000, for inclusion in the City of Berkeley’s Public Art Collection

RECOMMENDATION
Adopt a Resolution approving the gift of a sculpture by artist Fred Parhad titled Queen Shamiram, valued at $225,000, donated by Narsai and Venus David to the City of Berkeley’s Public Art Collection. The artwork will be installed for permanent display along the pedestrian path at the southeast corner of Maudelle Shirek Building at Martin Luther King Jr. Way and Allston Way as approved by the Civic Arts Commission.

FISCAL IMPACTS OF RECOMMENDATION
The artwork valued at $225,000, will be donated to the City. Funding for the engineering and installation of the sculpture (estimated at $20,000) will come from the FY23 Budget of the Cultural Trust Fund (Fund 148) as approved by the Civic Arts Commission.

CURRENT SITUATION AND ITS EFFECTS
Queen Shamiram is a bronze sculpture by artist Fred Parhad depicting the historic figure Sammu-ramāt, queen of the Assyrian Empire (c.800 BCE), standing alongside a lion asleep at her feet. The work measures approximately 9 feet tall by 7 feet wide and will sit upon a 10-inch-high concrete base. The Civic Arts Commission would like to acquire this artwork for the City’s Public Art Collection for permanent display near the Maudelle Shirek Building located at 2134 Martin Luther King Jr Way. The sculpture will be donated by the artist and Narsai and Venus David, with $20,000 in engineering and installation costs funded by the Cultural Trust Fund (Fund 148). Through acceptance of this gift, the Civic Arts Commission seeks to diversify representation in public statuary in the City, and provide the Assyrian community of Berkeley a place to gather for cultural events. The artwork is anticipated to be installed by June 30, 2023.

BACKGROUND
In April 2018, the artist Fred Parhad and donors Narsai and Venus David, approached the Civic Arts Commission to propose giving the artwork Queen Shamiram to the City of Berkeley for public display near Civic Center. It is the artist and donors’ intention to have the Assyrian community of Berkeley gather at this artwork for cultural events. Assyrians

Acceptance of Queen Shamiram sculpture into the Public Art Collection CONSENT CALENDAR January 17, 2023

are an indigenous group native to Assyria in West Asia, a region currently divided between modern-day Iraq, southeastern Turkey, northwestern Iran, and northeastern Syria. A majority of modern Assyrians have migrated to other regions of the world, including North America, triggered by massacres, genocide, and impacts of wars in the region of the former Assyrian homeland.

In June 2019, the Civic Arts Commission approved the sculpture Queen Shamiram, valued at $225,000, as a gift to the City’s Public Art Collection, and its installation near the Maudelle Shirek Building (Ayes – An, Anno, Blecher, Bullwinkel, Covarrubias, Ozol, Ross; Nays – None; Abstain – None; Absent – Passmore, Slattery, Tamano). In May 2022, the Civic Arts Commission allocated $20,000 from the FY23 budget of Cultural Trust Fund (Fund 148) to pay for the engineering and installation of the sculpture (Ayes — Anno, Blecher, Bullwinkel, Covarrubias, La, Passmore, Woo; Nays — None; Abstain — None; Absent — Dhesi, Ozol).

Subsequently, Civic Arts staff identified the pedestrian path at the southeast corner of Maudelle Shirek Building at Martin Luther King Jr. Way and Allston Way as an ideal location for the sculpture. This location will not be impacted by future development of the Civic Center Vision Project. In June 2022, the Civic Arts Commission approved the exact sculpture location, depicted in Attachment 2 (Ayes — Anno, Blecher, Bullwinkel, Covarrubias, Dhesi, Ozol, Woo; Nays — None; Abstain — None; Absent — Passmore).

The site was also reviewed by the Parks, Recreation and Waterfront Department who supervise and lead the maintenance of park property. They take no issue with the sculpture location, and will work with Civic Arts staff to coordinate the artwork placement with any existing infrastructure in that area.

Per Berkeley Municipal Code Section 2.06.150, “any gift of funds, goods, or services worth more than $1000 in aggregate, which may be accepted or collected by the City or any of its functionaries or Legislative Bodies, for the purpose of carrying out or assisting any City function, shall be disclosed and approved on the Agenda of a regular Meeting of the City Council.”

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

RATIONALE FOR RECOMMENDATION
Acceptance of this gift would allow the Civic Arts Commission to diversify representation in public statuary in the City, and provide the Assyrian community of Berkeley a place to gather for cultural events.

ALTERNATIVE ACTIONS CONSIDERED
None.

Acceptance of Queen Shamiram sculpture into the Public Art Collection CONSENT CALENDAR January 17, 2023

CONTACT PERSON
Zoe Taleporos, Civic Arts, Office of Economic Development, (510) 981-7538 Attachments:
1: Resolution
2: Images of Queen Shamiram sculpture and proposed installation location

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

ACCEPTANCE OF QUEEN SHAMIRUM SCULPTURE BY FRED PARHAD INTO THE CITY OF BERKELEY’S PUBLIC ART COLLECTION
WHEREAS, on June 26, 2019 the Civic Arts Commission approved the sculpture Queen Shamiram by Fred Parhad, valued at $225,000, as a gift to the City of Berkeley’s Public Art Collection, and its installation in the Civic Center area; and WHEREAS, on May 25, 2022, the Civic Arts Commission approved the allocation of $20,000 for engineering and installation of the sculpture Queen Shamiram by Fred Parhad from the FY23 budget of the Cultural Trust Fund (Fund 148); and WHEREAS, on June 22, 2022, the Civic Arts Commission approved the location of the sculpture Queen Shamiram by Fred Parhad to be installed along the pedestrian path at the southeast corner of Maudelle Shirek Building at Martin Luther King Jr. Way and Allston Way; and
WHEREAS, the Berkeley Municipal Code Section 2.06.150 states, “any gift of funds, goods, or services worth more than $1,000 in aggregate, which may be accepted or collected by the City or any of its functionaries or Legislative Bodies, for the purpose of carrying out or assisting any City function, shall be disclosed and approved on the Agenda of a regular Meeting of the City Council.”
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the gift of sculpture Queen Shamiram by Fred Parhad, valued at $225,000, be approved for inclusion in the City of Berkeley’s Public Art Collection.

QUEEN SHAMIRAM

A GIFT TO THE CITY OF BERKELEY
Fred Parhad, Artist
Narsai and Venus David, Donors
Attachment 2

Fred Parhad is an Iraqi-Assyrian sculptor who is best
known for his monument of Ashurbanipal (Assyrian
King 600s BC), which stands in front of the Asian
Art Museum in San Francisco.

Parhad is a self-taught sculptor, who, at the
beginning of his career, focused on the art of ancient
Assyria. 1

Queen Shamiram, is based on the historic figure,
Sammu-ramāt, the queen of the Assyrian Empire
(c.800 BCE), who took over the thrown when her
husband, Shamshi-Adad V, died, and assumed rule
until her son, Adad Nirari III. came of age.

In 2018, the artist and Narsai and Venus David (the
donors), approached the Civic Arts Commission
about giving the artwork to the City of Berkeley
for public display near Civic Center. The Civic Arts
Commission approved the artwork for accession
into the Public Art Collection, and its permanent
public display.

It is the artist and donors’ intention to have the
Assyrian community of Berkeley gather at this
artwork for cultural events.
2

The proposed location is along the pedestrian path at the SE corner of the Maudelle Shirek Building in Berkeley, on MLK and Allston Way.

The Civic Arts Commission has allocated $20,000 from the FY23 budget Fund 148 for engineering and installation of the artwork. The goal is to install the artwork by June 30, 2023.

The installation location is under the supervision of the Parks, Recreation and Waterfront Department.

They take no issue with the installation and will work with Civic Arts Staff to coordinate the artwork with any existing infrastructure in that area. 3

In-Situ Renderings 4

5

6

7

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
January 17, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Henry Oyekanmi, Director, Finance
Subject: Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on January 17, 2023

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

FISCAL IMPACTS OF RECOMMENDATION
Total estimated cost of items included in this report is $3,506,000.

PROJECT Fund Source Amount
Results Based Accountability
Planning and Implementation
302
336
Operating Grants –
State
One-Time Grant Fund
$210,000
CHVP Needs Assessment 312 Health (General) $400,000
Marina Selective Piling
Replacement Project
511
501
Measure T1 – Infstr
and Fac
Capital Improvements
$2,700,000
Human-Propelled Courier and
Mail Room Services 674
621
Central Services
Permit Service Center $56,000
Identity and Access
Management (IAM)
Assessment & Strategic
Roadmap
011 Discretionary $140,000
Total: $3,506,000

Formal Bid Solicitations and Request for Proposals CONSENT CALENDAR Scheduled for Possible Issuance After Council January 17, 2023 Approval on January 17, 2023

CURRENT SITUATION AND ITS EFFECTS
On May, 6, 2008, Council adopted Ordinance No. 7,035-N.S. effective June 6, 2008, which increased the City Manager’s purchasing authority for services to $50,000. As a result, this required report submitted by the City Manager to Council is now for those purchases in excess of $100,000 for goods; and $200,000 for playgrounds and construction; and $50,000 for services. If Council does not object to these items being sent out for bid or proposal within one week of them appearing on the agenda, and upon final notice to proceed from the requesting department, the IFB (Invitation for Bid) or RFP (Request for Proposal) may be released to the public and notices sent to the potential bidder/respondent list.

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

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

RATIONALE FOR RECOMMENDATION
Need for the services.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Darryl Sweet, General Services Manager, Finance, 510-981-7329 Attachments:
1: Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on January 17,2023
a. Results Based Accountability Planning and Implementation b. CHVP Needs Assessment
c. Marina Selective Piling Replacement Project
d. Human-Propelled Courier and Mail Room Services

Formal Bid Solicitations and Request for Proposals CONSENT CALENDAR Scheduled for Possible Issuance After Council January 17, 2023 Approval on January 17, 2023
e. Identity and Access Management (IAM) Assessment & Strategic Roadmap Note: Original of this attachment with live signature of authorizing personnel is on file in General Services.

NEXT 30 DAYS
DATE SUBMITTED: December 6, 2022
Attachment 1

SPECIFICATI
ON NO.

DESCRIPTION OF

GOODS /

SERVICES BEING

PURCHASED
APPROX.

RELEASE
DATE
APPROX.

BID

OPENING
DATE

INTENDED USE ESTIMATED
COST

BUDGET CODE TO BE

CHARGED
DEPT. /

DIVISION

CONTACT NAME &
PHONE
23-11563-C Results Based
Accountability
Planning and
Implementation
1/17/2023 2/18/2023 Assistance in readiness assessment, planning and implementation of the
Results Based Accountability
Framework for the Health, Housing,
and Community Services Department
and its Divisions.

NTE $210,000
from FY23-FY24
Breakdown by
Fiscal Year:

FY23:
$130,000
FY24:
$80,000
FY23
$100,000: HHOFPH2301-

NONPERSONN-

OPERATING-

MISCPROFSV
302-51-501-501-0000-
000-451-612990-
$30,000: HHOCER2201-

NONPERSONN-

OPERATING-
MISCPROFSV; 336-51-
501-501-2075-000-451-
612990-
FY24:
$80,000: HHOFPH2301-

NONPERSONN-

OPERATING-

MISCPROFSV
302-51-501-501-0000-
000-451-612990-
HHCS/ Public
Health
Nelson Lam
981-6395
23-11565-C CHVP Needs
Assessment
1/24/2023 2/10/2023 Consultant time complete a needs
assessment
$400,000 Funding will be
appropriated in AAO2 in
312-51-506-562-2055-
000-451-612990
Funding will
be
appropriated
in AAO2 in
312-51-506-
562-2055-000-
451-612990
Janice Chin
981-5121
DEPT. TOTAL $610,000
1 of  3

NEXT 30 DAYS
DATE SUBMITTED: December 6, 2022
Attachment 1
23-11567-C Marina Selective
Piling
Replacement
Project
1/18/2023 2/18/2023 Project consists of selective piling replacements throughout the Marina.

Many piles are deteriorated and
failing causing a hazard at the
marina. Piles will be replaced based
on a condition assessment starting
with piles that are in the worst
condition.
$2,700,000 511-52-545-000-0000-
000-461-662110-
PRWT122012 (T1 Fund)
- $1,200,000
501-52-545-000-0000-
000-461-662110-
PRWT122012 (CIP
Fund) - $1,500,000
PRW/Waterfro
nt
Nelson Lam
981-6395
DEPT. TOTAL $2,700,000
23-11568-C Human-propelled
courier and mail
room services
1/18/2023 2/14/2023 Provision of satellite mail services, courier (commission packets), and
mail room back-up
$50,0000
$ 6,000
Total: $56,000
674-33-325-347-0000-
000-472-612990-
Mail room
621-53-584-622-0000-
000-474-639130-
Planning Commission
Finance/Gene
ral Services
Darryl Sweet
981-7329
DEPT. TOTAL $56,000

SPECIFICATI
ON NO.

DESCRIPTION OF

GOODS /

SERVICES BEING

PURCHASED
APPROX.

RELEASE
DATE
APPROX.

BID

OPENING
DATE

INTENDED USE ESTIMATED
COST

BUDGET CODE TO BE

CHARGED
DEPT. /

DIVISION

CONTACT NAME &
PHONE
2 of  3

NEXT 30 DAYS
DATE SUBMITTED: December 6, 2022
Attachment 1
23-11569-C Identity and
Access
Management
(IAM)
Assessment &
Strategic
Roadmap
1/17/2023 2/18/2023 Seeking request for proposal (RFP)
from vendor who will conduct
assessment and deliver a 3-year
strategic roadmap to establish an
enterprise Identity and Access
Management (IAM) solutions
$140,000 011-35-363-382-0000-
000-472-612990
011-35-363-
382-0000-000-
472-612990
Thomas Ray
981-6542
Dept TOTAL $140,000.00
TOTAL $3,506,000.00

SPECIFICATI
ON NO.

DESCRIPTION OF

GOODS /

SERVICES BEING

PURCHASED
APPROX.

RELEASE
DATE
APPROX.

BID

OPENING
DATE

INTENDED USE ESTIMATED
COST

BUDGET CODE TO BE

CHARGED
DEPT. /

DIVISION

CONTACT NAME &
PHONE
3 of  3

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
January 17, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Henry Oyekanmi, Director, Finance
Subject: Contract No. 32000146 Amendment: Aramark for Uniforms and Laundering

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32000146 with Aramark Uniform Services to continue to meet the uniform-related needs of City departments, extending the term through FY 2025 and increasing the contract amount by $550,000 for a total not-to-exceed amount of $1,017,000.

FISCAL IMPACTS OF RECOMMENDATION
Funds are available in individual departmental budgets. An additional $110,000 is required to complete the current contract year due to increased products and services resulting from needs during pandemic, and that will continue forward. The two-year extension period is estimated at $220,000 per year ($440,000). This brings the the total projected expenditure over five (5) years to $1,017,000.

CURRENT SITUATION AND ITS EFFECTS
The original Aramark contract was approved in the amount of $467,000, which was intended to provide funding for three years. The pandemic caused departments to add new products (for example, a significant amount of reusable face coverings) which increased the need for laundering services. Additionally, Aramark’s performance has been satisfactory to the City during the contract period.

The City intends to extend the contract with Aramark for up to two (2) one-year periods to continue services. Estimated annual spend going forward is $220,000* per year. A spend breakdown is listed in the table below:

Initial Contract Amount $ 467,000
Additional funds required for initial contract period $ 110,000 Funds for two-year contract extension $ 440,000*
Total Contract not-to-exceed $1,017,000

Amendment of Aramark Citywide Contract for Uniforms and Laundering CONSENT CALENDAR January 17, 2023

BACKGROUND
The City of Berkeley is a relatively small account for the rental uniform and laundry industry. Pricing obtained by the City was higher than that of larger cities. City of Berkeley identified the City of Fresno contract, which leveraged a much larger workforce, but with similar uniform and laundry needs. The City of Fresno competed and awarded a multi-year contract to Aramark in 2019. Fresno received strong pricing based on their account size. The City of Berkeley is able to obtain the same pricing of the larger account by piggybacking on the City of Fresno contract. Aramark continues to attest to meeting the City of Berkeley’s Sweatshop-Free ordinance. The City is satisfied with Aramark’s uniform quality, other product quality, laundering and repair services, and delivery service, and, barring any major disruptions, or negative feedback, intends to continue with Aramark for the contract extension period.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
As noted in the original staff report for the Aramark contract, Aramark is undertaking several environmental initiatives such as wastewater reduction, fleet management, increasing operational efficiencies, and waste minimization efforts.

RATIONALE FOR RECOMMENDATION
The City has several job classifications requiring uniforms that meet specific standards.

ALTERNATIVE ACTIONS CONSIDERED
The City considered administering its own RFP, however, because the City’s service need is relatively small compared to big Cities, the city will be unable to receive the economy-of-scale pricing with its solicitation. With staffing issues, as well as the availability and strong pricing of the City of Fresno contract, piggybacking the contract outweigh the City administering its own RFP at this time.

CONTACT PERSON
Josh Roben, Contract Administrator, Finance/General Services, 510-981-7324 Attachments:
1: Resolution

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

CONTRACT NO. 32000146 AMENDMENT: ARAMARK FOR UNIFORMS AND

LAUNDERING
WHEREAS, City Council approved Resolution 69,073-N.S. on September 10, 2019 approving the contract for uniforms and laundering with Aramark by piggybacking on the City of Fresno’s available contract; and
WHEREAS, City departments require ongoing uniform, towels, mats, and laundering services, and have departmental budgets for those; and
WHEREAS, the pandemic led to additional products and services available in the contract; and
WHEREAS, Aramark continues to attest to compliance with the City’s Sweatshop-Free Ordinance; and
WHEREAS, the benefits of continuing with Aramark outweigh administering a City of Berkeley RFP at this time.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute an amendment to Contract No. 32000146 with Aramark Uniform Services to continue to meet the uniform-related needs of City departments, extending the term through FY 2025 and increasing the contract amount by $550,000 for a total not-to-exceed amount of $1,017,000.

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

CONSENT CALENDAR
January 17, 2023
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: Contract No. 32300064 Amendment: Tiana Sanchez International, LLC for HHCS Equity Consultant

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to amend Contract No. 32300064 with Tiana Sanchez International, LLC to add $21,077.73 and extend the term of the Health, Housing, and Community Services (HHCS) Equity Consultant contract to January 31, 2024 with a not to exceed amount of $141,077.73.

FISCAL IMPACTS OF RECOMMENDATION
The amendment will add $21,077.73 with a total not-to-exceed amount of $141,077.73.

Funding for the Tiana Sanchez International, LLC’s (TSI) contract is available in the FY2023 budget in One-Time Grant (Fund 336-51-501-501-2075-000-451-612990).

CURRENT SITUATION AND ITS EFFECTS
Amending the TSI Health, Housing, and Community Services (HHCS) Equity Consultant contract is a Strategic Plan Priority Project, advancing our goal to champion and demonstrate social and racial equity. The additional funds will allow the TSI team to extend their contract term to January 31, 2024 which will provide additional time to work with HHCS staff to determine and recommend an appropriate equity framework. TSI’s contract began in October 2022 and had limited time to complete the project. This added funding and time will allow for a less abbreviated process and scope.

BACKGROUND
The City of Berkeley is a thriving community with considerable wealth, high levels of education attainment, and a rich culture that all contribute to a healthy community.

However, Berkeley is not a city where all people are living long and healthy lives and achieving the highest possible level of health. In Berkeley, African American/Black and other people of color are more likely to die prematurely and experience a wide variety of adverse health conditions throughout their lives. As reported in the 2018 City of Berkeley Health Status Report, higher incidence of disease is linked to neighborhoods that have been historically under-resourced and overexposed to unhealthy conditions.

Contract Amendment for Tiana Sanchez International, LLC for HHCS Equity Consultant CONSENT CALENDAR January 17, 2023

These neighborhoods have more people living in poverty and more people of color than surrounding neighborhoods. Like other jurisdictions, these historic and ongoing health inequities have been exacerbated by the impacts of the COVID-19 pandemic.

Communities of color, specifically African American/Black and Hispanic/Latinx residents, have a higher COVID-19 positivity rate, hospitalizations, and deaths compared to White residents.

Since 2018, extensive work has been done by HHCS to analyze and identify solutions to overcome the underlying issues that perpetuate these health inequities. HHCS programs serve individuals who are most impacted in Berkeley and continue to make progress toward solving health inequities that have existed and been exacerbated by the COVID-19 pandemic. In addition to these community programs, the divisions of HHCS have been conducting their own internal equity work. Solving these inequities involves a conscious effort to look at Department-wide systems and structures to define, codify, and systematize this work into a HHCS Strategic Plan for Health Equity. This Plan will include an adopted equity framework to guide Department-wide and Division- specific projects and systems, which will allow HHCS to achieve its overarching goal to create a City where all community members can achieve their highest level of health.

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

RATIONALE FOR RECOMMENDATION
The additional funding identified will allow for a less abbreviated scope and timeline than the original funding alone did, and will support a more comprehensive process.

ALTERNATIVE ACTIONS CONSIDERED
Staff did not identify other alternatives that are consistent with both the project goals and the CERI program guidelines.

CONTACT PERSON
Katherine Hawn, Senior Management Analyst, HHCS, 510-847-8532

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

CONTRACT NO. 32300064 AMENDMENT: TIANA SANCHEZ INTERNATIONAL, LLC

FOR HHCS EQUITY CONSULTANT
WHEREAS, Contract #32300064 was awarded to Tiana Sanchez International, LLC (TSI) to create and recommend an equity framework for the Department of Health, Housing, and Community Services (HHCS), and
WHEREAS, through Contract #32300064 TSI has been reviewing HHCS reports and is conducting interviews with Department staff to inform the equity framework; and WHEREAS, $21,077.73 was allocated to support an extension of the contract to allow for increased research and analysis for HHCS; and
WHEREAS, TSI is the most qualified consultant to receive the additional funding to continue to develop an equity framework for HHCS.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to amend the HHCS Equity Consultant Contract No. 32300064 with Tiana Sanchez International, LLC by extending the term of January 31, 2024 and adding $21,077.73 and a not to exceed amount of $141,077.73. Funding is available in the FY2023 budget in the One-Time Grant Fund (Fund 336).

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
January 17, 2023
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: Revenue Grant Agreement: Funding Support from the State of California:

California Home Visiting Program

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her designee to submit a grant agreement to the State of California, to accept the grants, and execute any resultant revenue agreements and amendments to conduct public health promotion, protection, and prevention services for the California Home Visiting Program in the projected total amount of $2,473,611 for July 1, 2022 to June 30, 2028.

FISCAL IMPACTS OF RECOMMENDATION
The City will receive funds in the estimated amount of $2,473,611 from the State of California, California Home Visiting Program (CHVP) for the period FY 2023 through FY 2028. The contract will be assigned a contract number and the revenue deposited in Fund 312-51-506-562-2055-000-000-432110 - (Health Fund). $405,041 will be recommended for appropriation through the second amendment in the FY2023 Appropriations Ordinance in the Health Fund (Fund 312). Funding in the amount of $413,714 per fiscal year will be subject to appropriation in the FY2024 through FY2028 budgets in the Health Fund (Fund 312) for a projected total amount $2,473,611 for July 1, 2022 to June 30, 2028. There is no match required.

Spending of these grant funds is subject to Council approval of the budget and the Annual Appropriations Ordinances each fiscal year.

CURRENT SITUATION AND ITS EFFECTS
The State of California, CHVP program is a Strategic Plan Priority Project, advancing our goal to create a resilient, safe, connected, and prepared city, champion and demonstrate social and racial equity and be a customer-focused organization that provides excellent, timely, easily-accessible service and information to the community.

The Health, Housing and Community Services Department (HHCS) provides a broad range of public health and community health services in Berkeley; with the goals of

Revenue Grant Agreement: Funding Support CONSENT CALENDAR from the State of California Women, Infant, Children Program January 17, 2023

achieving health equity, promoting healthy environments and behaviors, protecting residents from disease, and preventing illness, disability, and premature death.

The California Department of Public Health-CHVP grant contributes to the Department’s work towards improving the health of our community by engaging in preventive interventions focused on promoting positive parenting and child development and supporting overburdened families who are at risk for Adverse Childhood Experiences (ACEs), including child maltreatment, domestic violence, substance use disorder and mental health related issues.

BACKGROUND
The City of Berkeley receives funding from many sources annually to complete activities to improve the health of the community. As a local health jurisdiction, the City is entitled to specific State funding to meet core public health objectives. HHCS’ Public Health Division (HHCS/PHD) is committed to providing essential services to the community to prevent the spread of disease and to promote healthy environments.

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

RATIONALE FOR RECOMMENDATION
These funds support vital services related to our mandates as a public health jurisdiction and local initiatives designed to address health inequities in Berkeley and improve the health of Berkeley residents. This grant supports the Department’s mission and provides the City with funding to continue working to protect and improve the health of the community.

ALTERNATIVE ACTIONS CONSIDERED
Staff did not identify an alternative action consistent with the City’s goals of advancing public health and social and racial equity.

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

1. Resolution

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

GRANT AGREEMENT: CALIFORNIA DEPARTMENT OF PUBLIC HEALTH FOR

CALIFORNIA HOME VISITING PROGRAM
WHEREAS, the City of Berkeley Department of Health, Housing & Community Services, Public Health Division (HHCS/PHD), is committed to promoting maternal health and well- being, improving infant and child health and development, strengthening family functioning and cultivating strong communities.

WHEREAS, HHCS provides a broad range of needed public health program services to the community; and
WHEREAS, HHCS works to promote healthy environments and behaviors, protect residents from disease, and prevent illness, disability, and premature death; and WHEREAS, HHCS seeks to achieve health equity; and
WHEREAS, the City of Berkeley should seek outside funding wherever possible to fund vital health services.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is hereby authorized to accept State of California funding for fiscal years 2023 through 2028 for the California Home Visiting Program: to provide home visits by a trained professional during pregnancy and in the first few years of life; execute any resultant revenue agreements and amendments; and implement the projects and appropriation of funding in the estimated amount of $2,473,611 for July 1, 2022 to June 30, 2028 for related expenses. A record signature copy of said agreements and any amendments shall be on file in the office of the City Clerk.

Item Removed From
Agenda

This item has been removed from the agenda by the
City Manager.

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

City Clerk Department
2180 Milvia Street
Berkeley, CA 94704
(510) 981-6900

The City of Berkeley, City Council’s Website
https://berkeleyca.gov/your-government/city-council

Office of the City Manager

CONSENT CALENDAR
January 17, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Aram Kouyoumdjian, Director of Human Resources Subject: Establish Classification and Salary – Medical Director

RECOMMENDATION
Adopt a Resolution establishing the represented classification of Medical Director with a monthly salary range of $15,671.76 – 17,802.72.

FISCAL IMPACTS OF RECOMMENDATION
The new classification and associated salary range is comparable to the physician classification that is currently fulfilling the Medical Director responsibilities. The hourly rate of the current Part-Time Physician classification is $101.67, and the top hourly rate for the proposed Medical Director position is $102.71. The minimal salary difference will be covered by salary savings in FY 23, and through Realignment funds in subsequent fiscal years. The revised classification and new salary range result in an increased salary impact to the General Fund as the position is 100% funded by the General Fund.

It is the department’s intention to maintain it as a part-time position.

CURRENT SITUATION AND ITS EFFECTS
The Department of Health, Housing and Community Services (HHCS) is organized as an Office of the Director and five divisions [Attachment 1] that support the Department’s mission: Aging Services, Housing and Community Services, Environmental Health, Mental Health, and Public Health. The Public Health Division (PH) strives to achieve health equity in Berkeley by creating environments that optimize health and well-being for all, and through community-based partnerships. PH provides health education and promotion for tobacco cessation, cardiovascular/heart health, childhood health and nutrition, oral health, and adolescent health. The Division oversees and provides adolescent health services at the Berkeley High School and Berkeley Technology Academy Health Centers, immunization clinics for both adults and children, and provides maternal and child health services including prevention programs and targeted case management.

Historically, the duties of the position have been evolved greatly in the last 30 years and the position is currently filled by a Part-Time Hourly Physician who works approximately 10 hours per week, outlined by a job duties statement. It is the department’s intention to

Classification and Salary: Medical Director CONSENT CALENDAR January 17, 2023
maintain it as a part-time position. With the future retirement of that incumbent, Human Resources and the Department of Health, Housing and Community Services initiated a review of the duties and salary prior to recruiting, and drafted a job description for Medical Director [Attachment 2]. The proposed Medical Director classification would develop, plan and implement medical-related Public Health Division goals and objectives. Additionally, the Medical Director would support the City’s health education and services within the community. A licensed physician is required to sign certification statements of compliance with state and federal regulations, needed to operate the various public health clinics throughout the City.

BACKGROUND
To establish the job class specification of Medical Director, Human Resources and the Department of Health, Housing and Community Services sought input from the Manager of Public Health Services, Senior Managers from Health, Housing, and Community Services, and the current Part-Time Hourly Physician.

Bryce Consulting, an agency that provides a variety of human resource services to non- profit and public-sector clients, was retained to develop a job class specification and base salary recommendation. Agencies within the City’s identified labor market were reviewed to determine if they have a comparable classification, including Alameda County, City of Concord, City of Fremont, City of Hayward, City of Oakland, City of Palo Alto, City of Richmond, City and County of San Francisco, City of San Jose, City of San Leandro, San Mateo County, and Santa Clara County. Santa Clara County has a different structure as it has its own hospital. Given that there are only a few cities within the State of California that have a Public Health function, none of the cities had a comparable classification.

In the absence of labor market data, internal alignment was reviewed to determine an appropriate salary based on organizational level, scope, complexity, and requirements.

In reviewing the organizational chart, the position will report to the Manager of Public Health Services who has overall responsibility for managing the division; however, the Manager of Public Health Services is not a physician while the Medical Director is. The City currently has a Health Officer Certified classification that is responsible for enforcing local health orders and ordinances, regulations prescribed by the State Department of Health Services, and State statutes. The position reports to the Director of Health, Housing and Community Services and is required to be a licensed physician.

With the Medical Director having a slightly narrower scope of responsibility, it is recommended that the salary for the classification be set 10% below the Public Health Officer Certified. The recommended hourly wage of $90.41 – $102.71 represents 10% below the salary of the Public Health Officer Certified job class specification.

The Personnel Board discussed and voted unanimously at its December 6, 2022 meeting to send this classification and salary to the City Council for approval (Motion to Approve: Dixon, Wenk; Vote: Bartlow, Lacey, Karpinski, Gilbert, O’Loughlin; Noes:

None Abstains: None).

Classification and Salary: Medical Director CONSENT CALENDAR January 17, 2023

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

RATIONALE FOR RECOMMENDATION
It has been the policy of the City to create the necessary classification and salary schedule to accommodate new duties and responsibilities, reflect programmatic changes, maintain competitive salaries and, when applicable, comply with regulatory requirements.

ALTERNATIVE ACTIONS CONSIDERED
None.

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

1. Resolution

2. Organizational Chart – Department of Health, Housing and Community Services (HHCS)

3. Medical Director Classification

Classification and Salary: Medical Director CONSENT CALENDAR January 17, 2023
RESOLUTION NO. xxxxx - N.S.

CLASSIFICATION: MEDICAL DIRECTOR
WHEREAS, the Human Resources Department maintains the Classification and Compensation plan for the City of Berkeley; and
WHEREAS, the Human Resources Department has completed a classification review and recommended Medical Director;
WHEREAS, the Personnel Board recommended on December 6, 2022 to revise the Medical Director job class specification and salary range exempt from the overtime provisions of the Fair Labor Standards Act (FLSA), effective December 6, 2022; NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that Classification for Medical Director is established, with a monthly salary range of $15,671.76 – 17,802.72 and classification specification, effective January 17, 2023.

Classification and Salary: Medical Director CONSENT CALENDAR January 17, 2023
Attachment 2: Organizational Chart – Department of Health, Housing and Community Services (HHCS)

Classification and Salary: Medical Director CONSENT CALENDAR January 17, 2023
Attachment 3: Medical Director Job Class Specification
Human Resources

MEDICAL DIRECTOR

SALARY RANGE
$90.41 – $102.71 Hourly
$7,233.12 – $8,216.64 Bi-weekly
$15,671.76 – 17,802.72 Monthly
$188,061.12 – $213,632.64 Annually

DEFINITION
Under direction, to provide medical oversight for the clinical operations of the Public Health Division; to coordinate activities with City departments and outside agencies; and to provide highly responsible and complex support to the Director of Health, Housing and Community Services.

CLASS CHARACTERISTICS
This is a single-position clinical management classification. The Medical Director’s duties are clinical and highly complex in nature, involving highly technical functions to support medical consultation. The incumbent has broad authority for the day-to-day clinical practices of the Public Health Division.

EXAMPLES OF DUTIES
The following list of duties is intended only to describe the various types of work that may be performed and the level of technical complexity of the assignment(s) and is not intended to be an all-inclusive list of duties. The omission of a specific duty statement does not exclude it from the position if the work is consistent with the concept of the classification or is similar or closely related to another duty statement.

1. Develop, plan and implement clinical goals and objectives that are aligned with programmatic goals and objectives; recommend and administer policies and procedures;

2. Coordinate division’s clinical activities with those of other departments and outside agencies and organizations; prepare and present staff reports and other necessary correspondence;

Classification and Salary: Medical Director CONSENT CALENDAR January 17, 2023

3. Participate in the development of the division’s work plan; assign clinical work activities, projects and programs; monitor work flow; review and evaluate work products, methods and procedures;

4. Assist in the selection, training, motivation and evaluation of personnel; provide or coordinate staff training; assist in conducting performance evaluations; assist in implementing discipline procedures; maintain discipline and high standards necessary for the efficient and professional operation of the division;

5. Represent the division to outside groups and organizations; participate in outside community and professional groups and committees; provide technical assistance as necessary;

6. Provide timely medical consultations, back-up by phone and email, and clinical training and assistance for Mid-Level Practitioners, Public Health Nurses, Registered Nurses and Program Managers during clinic/program operations;

7. Develop, approve, and monitor medical protocols for medical staff;

8. Serve as the Medical Director for various public health programs as needed, including signing certification statement of compliance to state and federal provisions.

9. In consultation with the Berkeley High School Health Center (BHSHC) Clinic Director or Program Managers, ensure implementation and adherence to medical protocols and procedures as well as any pertinent clinic policies;

10. Provide oversight in the clinical aspects of Continuous Quality Improvement for clinical staff at the various Program sites;

11. In collaboration with Program Managers, participate in clinical implications or impacts of administrative management decision-making;

12. Collaborate with Program Managers and clinical staff to ensure the accuracy of clinical medical records;

13. May conduct medical and physical examinations, make diagnoses, and prescribe and administer treatments and medications, when needed;

14. Provide medical doctor (MD) license information, sign off on all applicable licenses and certificates, and standing orders;

15. Build and maintain positive working relationships with co-workers, other employees and the public using principles of good customer service;

16. Perform related duties as assigned.

KNOWLEDGE AND ABILITIES:

Note: The level and scope of the knowledges and skills listed below are related to job duties as defined under Class Characteristics.

Knowledge of:

1. Medical science and its application;

2. Environmental and Public Health medical science and its application;

3. Federal, State and local laws governing public health, medical care, environmental health and pollution control;

4. Principles and practices of public health, including current trends in policy, treatment, prevention, education and related issues;

5. General medical practices of public health clinics;

Classification and Salary: Medical Director CONSENT CALENDAR January 17, 2023

6. Effective public and community relations;

7. Principles and practices of leadership, motivation, team building and conflict resolution;

8. Pertinent local, State and Federal laws, rules and regulations;

9. Organizational and management practices as applied to the analysis and evaluation of programs, policies and operational needs;

10. Principles and practices of organization, administration and personnel management;

11. Principles and practices of budget preparation and administration;

12. Principles of supervision, training and performance evaluation;

13. Public relations practices and techniques; public speaking;

14. Research methods; report writing techniques; statistical concepts and methods; principles and techniques of project management.

Ability to:

1. Providing sound medical direction representing several different professional disciplines;

2. Working with County, State, Federal, and local government officials in the establishment of coordinated and effective program of services to health clients;

3. Develop and implement division clinical policies and procedures;

4. Gain cooperation through discussion and collaboration;

5. Interpret and apply City policies, procedures, rules and regulations;

6. Supervise, train and evaluate assigned staff;

7. Meet critical deadlines; make decisions under pressure;

8. Prepare and give effective public presentations;

9. Prepare and present complex narrative and statistical reports, correspondence, and other documents;

10. Communicate clearly and concisely, both orally and in writing;

11. Operate and use modern office equipment including computers and applicable software;

12. Establish and maintain effective working relationships with those contacted in the course of work.

MINIMUM QUALIFICATIONS:

A TYPICAL WAY OF GAINING THE KNOWLEDGE AND SKILLS OUTLINED ABOVE IS:

Equivalent to a Doctorate of Medicine from an accredited medical college or university and five years of increasingly responsible experience in the practices of clinical medicine, including completion of an accredited residency in an applicable field and two years of experience as a licensed Physician working in a specialty area such as disease control and adult health or maternal and child health. A degree in Public Health, experience in working with community groups, and Board Certification in a Medical Specialty relevant to public health, such as family medicine, pediatrics, or preventive medicine, are desirable.

Classification and Salary: Medical Director CONSENT CALENDAR January 17, 2023
OTHER REQUIREMENTS:

Must be able to travel to various locations within and outside the City of Berkeley to meet program needs and to fulfill the job responsibilities. When driving on City business, the incumbent is required to maintain a valid California driver's license as well as a satisfactory driving record.

Classification History
Title: Medical Director
Class Code: TBD
Established: January 17, 2023
Revised: N/A
FLSA Status: Exempt
Admin Leave / Overtime: Admin Leave
Representation Unit: Z-1
Probationary Period: 12 Months
Workers' Comp Code: 8810

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
January 17, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Kevin Fong, Director, Department of Information Technology Subject: Contract: Presidio for Micro-Segmentation

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to award a contract to Presidio for implementing micro-segmentation for a total not to exceed amount of $822,512, from January 18, 2023 to June 30, 2028.

FISCAL IMPACTS OF RECOMMENDATION
Funding for procurement and implementation of micro-segmentation in the amount of $320,412.00 is allocated within Fiscal Year (FY) 2023 in the Department of Information Technology’s General Funds as outlined below and any future expenditures are subject to Council approval of the proposed citywide budget and Annual Appropriations Ordinances.

FY 2023 Description Funding Source
$203,400.00 Professional Services IT Gen Funds (011), IT Dept, Security $94,502.00 Illumio software subscription (year 1 of 5) IT Gen Funds (011), IT Dept, Security $17,010.00 Illumio maintenance & support (year 1 of 5) IT Gen Funds (011), IT Dept, Security $5,500.00 Illumio training 011-35-363-380-0000-000-412-612990- IT Gen Funds (011), IT Dept, Security
$320,412.00 FY2023 Subtotal
FY 2024-27 Description Funding Source
$425,510.00 Professional Services (years 2 thru 5) IT Cost Alloc (680), IT Dept, Security $76,590.00 Illumio maintenance & support (yrs 2 thru 5) IT Cost Alloc (680), IT Dept, Security $502,100.00 FY2024-2027 Subtotal
$822,512.00 Total FY2023-2027 Not To Exceed Value

CURRENT SITUATION AND ITS EFFECTS
The City’s ’As-Is’ Cyber-Resilience Assessment evaluated the likelihood of an attack succeeding as “High” and our ability to contain it as “Low.” The consequences of such a successful attack was identified as potentially “Critical” (meaning the City could suffer severe to catastrophic losses in its capacity to operate as well as deliver services to our community).

Contract: Micro-Segmentation Solutions – Presidio & Illumio CONSENT CALENDAR January 17, 2023

The City currently utilizes a traditional network perimeter security more commonly known as firewalls. Today however, many attacks are also coming from inside the firewall so security experts have recognized that the traditional “seal the perimeter” methodology is obsolete or inadequate. We can no longer simply watch the border; we must secure from within the system as well.

The contemporary solution is to implement micro-segmentation which is about protecting what’s inside our network from attacks that could already be inside. The concept is simple; we segment parts of our data center away from the rest of the network, which keeps our network protected. Even if an attacker was to be inside our network, they wouldn’t be able to steal much data or cause critical damage as they would be limited within a segment, unable to make any moves to elsewhere in the network.

With micro-segmentation, individual users can safely access the data they need to do their job from anywhere (on-site or remotely), anytime, and from any device without risking the loss or exposure of data.

BACKGROUND
In late 2018, the City began development of its Cyber Resilience Plan (CRP) to help ensure the City is sufficiently and prudently equipped to handle cyberattacks and to help the City mitigate the effects of a successful cyberattack, should one occur. Micro- segmentation was identified as a risk area to address.

In May 2022, the City of Berkeley issued RFP No. 22-11501-C for Micro-Segmentation Solutions. The City received five (5) proposals from top vendors in micro-segmentation.

The Department of Information Technology conducted extensive research based on its architectural vision, defined technical prerequisites, needed solution requirements and capabilities, conversion and operational resource needs, potential vendors, and anticipated benefits to be realized. Department of Information Technology staff also consulted with other local governments that had implemented a similar contemporary security architecture. After extensive review of the proposals received, staff determined that Presidio, presenting the Illumio solution, provided the strongest bid for the City’s micro-segmentation project.

Micro-segmentation aligns with the City’s adopted Strategic Plan goals of creating a resilient, safe, connected, and prepared City and providing state-of-the-art, well- maintained infrastructure, amenities, and facilities.

ENVIRONMENTAL SUSTAINABILITYAND CLIMATE IMPACTS
Both Presidio and Illumio are located in the Bay Area and all professional service technical staff will be local and available to work at all City sites. Additionally, delivery of some professional services may be conducted remotely, eliminating the need for travel to Berkeley and thus further reducing greenhouse gas emissions from commuting. This resolution continues to support the goals of environmental sustainability.

Contract: Micro-Segmentation Solutions – Presidio & Illumio CONSENT CALENDAR January 17, 2023

RATIONALE FOR RECOMMENDATION
In May 2022, the City of Berkeley issued RFP No. 22-11501-C for Micro-Segmentation Solutions. The City received five (5) proposals from top vendors in micro-segmentation.

After extensive review of the proposals received, Department of Information Technology staff determined that Presidio, presenting the Illumio solution, provided the strongest bid for the City’s Micro-Segmentation Project.

The City has an existing work relationship with Presidio for networking procurements and implementations, and Presidio presented to the City the micro-segmentation solution by Illumio, a top tier vendor in this space. The bid and solution were selected based on their price, technical and market leadership, implementation details, and the evaluated combined reputations and credibility of both Presidio and Illumio.

ALTERNATIVE ACTIONS CONSIDERED
Staff considered not moving forward with implementing micro-segmentation and continuing with implementing network segmentation using switches and firewalls, but this approach can only provide limited visibility and few capabilities to contain an attacker’s movement within the City’s computer network. Micro-segmentation can be used to protect every virtual machine in our enterprise network with policy-driven, application-level security controls. Because security policies are applied at an application level, micro-segmentation tactics can significantly increase our security defense posture.

CONTACT PERSON
Kevin Fong, Director, Department of Information Technology, 981-6541 Attachments:
1: Resolution

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

CONTRACT: PRESIDIO FOR MICRO-SEGMENTATION SOLUTIONS
WHEREAS the City seeks to obtain the critical Information Technology capabilities of visibility and a cyber-resilience for its infrastructure, systems, business applications; and WHEREAS in May 2022, the City issued a Request for Proposals (RFP) for Micro- Segmentation Solutions (Specification No. 22-11501-C) and received five (5) qualifying bids; and
WHEREAS the RFP review committee evaluated each proposal and determined that the proposal from Presidio specifying Illumio best met the City’s operational, technological, and fiscal requirements; and
WHEREAS funding for professional services, training, maintenance and support services in the amount of $320,412.00 is allocated within Fiscal Year (FY) 2023 in the Department of Information Technology’s IT General funds; and spending in future fiscal years is subject to Council approval of the proposed citywide budget and annual appropriation ordinances; and
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to award the contract to Presidio, for implementing Illumio’s micro-segmentation solution for a total not to exceed amount of $822,512, from January 18, 2023 to June 30, 2028.

Office of City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7010 E-Mail: [email protected] Website: berkeleyca.gov

CONSENT CALENDAR
January 17, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Scott Ferris, Director, Parks, Recreation & Waterfront Subject: Lease Agreement: Bay Area Hispano Institute for Advancement (BAHIA) at building 1718 8th Street, at James Kenney Park RECOMMENDATION:

Adopt first reading of an Ordinance authorizing the City Manager to execute a lease agreement with Bay Area Hispano Institute for Advancement (BAHIA) to use the building at 1718 8th Street, adjacent to James Kenney Community Center, in James Kenney Park for a 15-year lease term anticipated to begin March 1, 2023 and ending February 1, 2038, with one 5-year option to renew.

FISCAL IMPACTS OF THE RECOMMENDATION
BAHIA will pay an annual rent of $6,000, escalating by 3% per year. The total lease revenue is $111,593. In addition, they will be responsible for completing capital improvements valued at $219,000 and ongoing maintenance described in Exhibit “B” of the lease. Lease revenue will be deposited in Parks Tax Fund, Budget Code 450-5801- 363.10-04.

CURRENT SITUATION AND ITS EFFECTS
BAHIA began leasing the space at James Kenney in 1979, and extended several times since then. The lease was most recently renewed in 2012 with a 5-year lease, and a 5- year option to renew, which expired this year and is now in holdover status.

The new lease would secure BAHIA’s tenancy to 2038, with an option to renew to 2043.

The premises shall continue to be used for a childcare development center.

The key terms include the following:
 15-year term with a 5-year option to renew.
 Annual rent of $6,000, escalating by 3% per year. This will cover the utility costs at the Bahia building, which is fed by the utility meter at the James Kenney Community Center building.
 BAHIA agrees to perform all improvements described in the City’s Schedule of Improvements, estimated to be $219,000 (see Exhibit “B”).

Lease Agreement: BAHIA for the property at 1718 8th Street CONSENT CALENDAR James Kenney Park January 17, 2023

 BAHIA agrees to perform all maintenance to keep building in good repair (see Exhibit “B”).

BACKGROUND
BAHIA operates two Spanish bilingual programs at the James Kenney site: an afterschool program for 65 youth participants, ages 5-10; and a preschool program for 24 children, ages 3-4.

In 2017, the City completed a comprehensive seismic renovation at both James Kenney and BAHIA buildings using funds from Measure WW, Measure F and FEMA.

RATIONALE FOR RECOMMENDATION
The proposed lease offers the following benefits to the City:
 BAHIA has been a good steward for the building at James Kenney Park for over 40 years.
 The proposed use will continue to provide families dual language childcare in Northwest Berkeley.

CONTACT PERSON
Scott Ferris, Director, PRW, 981-6711
Christina Erickson, Deputy Director, PRW, 981-6703
Mollica Sokhom, Assistant Management Analyst, PRW, 981-6706 Attachments:
1: Ordinance
Exhibit A: Lease Agreement
Exhibit B: Schedule of Improvements and Maintenance

ORDINANCE NO. -N.S.

LEASE AGREEMENT WITH BAHIA TO USE CITY PROPERTY LOCATED AT 1718 8th STREET IN JAMES KENNEY PARK
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. The City Manager, or her designee, is hereby authorized to execute a lease agreement with BAHIA with a lease term beginning on March 1, 2023, ending February 1, 2038. The estimated revenue is $111,593. The lease shall be substantially in the form attached hereto as Exhibit “A”.

Section 2. All revenue from said lease shall be deposited in the Parks Tax Fund in a specific revenue account (Budget Code 450-5801-363.10-04) and used to maintain public facilities in James Kenney Park.

Section 3. Copies of this bill shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within fifteen 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.

Exhibit A: Lease Agreement
Exhibit B: Schedule of Improvements and Maintenance

1 CITY OF BERKELEY

IMPROVED PROPERTY LEASE
Between

THE CITY OF BERKELEY, A CHARTER CITY

ORGANIZED AND EXISTING UNDER THE LAWS

OF THE STATE OF CALIFORNIA
as Landlord,
and
BAY AREA HISPANO INSTITUTE FOR ADVANCEMENT (BAHIA) INC. as Tenant.

For the Property at
1718 8th Street
Berkeley, CA
Exhibit A: Lease AgreementPage 4 of 46

2 1718 8th Street Lease – BAHIA, Tenant

TABLE OF CONTENTS
TABLE OF CONTENTS .............................................................................................................................................. 2

1. DEFINITIONS ..................................................................................................................................................... 5

2. TERM ................................................................................................................................................................... 5

3. RENT .................................................................................................................................................................... 6

4. PROPERTY AND OTHER TAXES .................................................................................................................... 7

5. USE OF PREMISES ............................................................................................................................................ 8

6. USE OF JAMES KENNEY PARK PROPERTY ............................................................................................... 10

7. SERVICES ......................................................................................................................................................... 12

8. OBLIGATION OF TENANT TO REMOVE PERSONAL PROPERTY .......................................................... 12

9. ALTERATIONS AND IMPROVEMENTS ....................................................................................................... 12

10. LIENS ................................................................................................................................................................. 15

11. TENANT AND LANDLORD MAINTENANCE OBLIGATIONS .................................................................. 16

12. ENVIRONMENTAL .......................................................................................................................................... 17

13. DAMAGE OR DESTRUCTION........................................................................................................................ 17

14. INDEMNIFICATION ........................................................................................................................................ 17

15. INSURANCE ..................................................................................................................................................... 18

16. COMPLIANCE WITH LAWS ........................................................................................................................... 21

17. ASSIGNMENT AND SUBLEASE .................................................................................................................... 22

18. INSPECTION ..................................................................................................................................................... 23

19. DEFAULT .......................................................................................................................................................... 23

20. REMEDIES UPON DEFAULT ......................................................................................................................... 25

21. ENVIRONMENTAL OBLIGATIONS .............................................................................................................. 26

22. LANDLORD'S RIGHT TO CURE .................................................................................................................... 27

23. EMINENT DOMAIN ......................................................................................................................................... 28

24. SUBORDINATION ........................................................................................................................................... 28

25. NO MERGER ..................................................................................................................................................... 29

26. TRANSFER BY LANDLORD .......................................................................................................................... 29

27. ESTOPPEL CERTIFICATES ............................................................................................................................ 29

28. HOLDING OVER .............................................................................................................................................. 29

29. CHANGES BY LANDLORD ............................................................................................................................ 30

30. GOVERNING LAW .......................................................................................................................................... 30

31. SECURITY DEPOSIT ....................................................................................................................................... 30

32. SIGNAGE ........................................................................................................................................................... 31

33. NO PARTNERSHIP ........................................................................................................................................... 31

34. NO WAIVER ..................................................................................................................................................... 32

35. NOTICES ........................................................................................................................................................... 32

36. COMPLETE AGREEMENT .............................................................................................................................. 33

37. REQUESTS FOR CONSENT; WAIVER OF CLAIM ...................................................................................... 33

38. INTERPRETATION .......................................................................................................................................... 33

39. SUCCESSORS AND ASSIGNS ........................................................................................................................ 33

3 1718 8th Street Lease – BAHIA, Tenant

40. AUTHORITY ..................................................................................................................................................... 33

41. UNAVOIDABLE DELAYS .............................................................................................................................. 33

42. TIME OF THE ESSENCE ................................................................................................................................. 34

43. BROKERAGE .................................................................................................................................................... 34

44. CITY NON-DISCRIMINATION ORDINANCE .............................................................................................. 34

45. NON-DISCRIMINATION AGAINST PERSONS WITH DISABILITIES ...................................................... 35

46. CONFLICT OF INTEREST PROHIBITED ...................................................................................................... 35

47. NUCLEAR FREE BERKELEY ......................................................................................................................... 36

48. OPPRESSIVE STATES ..................................................................................................................................... 36

49. BERKELEY LIVING WAGE ORDINANCE (LWO) ....................................................................................... 36

50. BERKELEY EQUAL BENEFITS ORDINANCE (EBO) ................................................................................. 37

51. BERKELEY SANCTUARY CITY ORDINANCE ........................................................................................... 38

52. AUDIT ................................................................................................................................................................ 38

53. CITY BUSINESS LICENSE, PAYMENT OF TAXES, TAX I.D. NUMBER ................................................. 39

54. SURVIVAL ........................................................................................................................................................ 39

55. EXHIBITS .......................................................................................................................................................... 39 Exhibit “A”: Leased Premises ............................................................................................................................ 41 Exhibit “B”: Schedule of Improvements and Maintenance ................................................................................ 42

4 1718 8th Street Lease – BAHIA, Tenant

PROPERTY LEASE

BASIC LEASE INFORMATION

1. Landlord: City of Berkeley, a California municipal corporation 2180 Milvia Street
Berkeley, CA 94704
Attention: Director, Parks, Recreation & Waterfront
Telephone: (510) 981-6706
Email: [email protected]

2. Tenant: Bay Area Hispano Institute for Advancement (BAHIA) Inc.

3. Tenant Trade Name: Bay Area Hispano Institute for Advancement Inc.

4. Effective Date: March 1, 2023

5. Premises: One building (as depicted in Exhibit “A”) located at 1718 8th Street, the outdoor gated play area and garden area, and non-exclusive rights to the common area (outdoor sidewalk area by the front door, as shown on the map attached hereto as Exhibits “A”.

6. Permitted Uses: The Premises shall be used by Tenant for the purpose of operating a child care and development center.

7. Initial Term: Fifteen (15) year(s), commencing as of March 1, 2023 (“Commencement Date”).

8. Option Period: Five (5) years.

9. Base Rent: $6,000 per year with 3% increase annually.

10. Improvements Tenant will invest approx. $219,000 in capital improvements. This includes adding a gate entry at the northeast side of the Premises, ADA access to the loft area, ADA improvements to reading room/amphitheater, repair fence fabric around exterior play area, repaint interior and exterior, and replace roof.

11. Maintenance Tenant commits to ongoing maintenance, including landscaping, trees, graffiti abatement, pest control, and maintenance of plumbing, electrical, roof/gutters, and building systems.

12. Services Base rent includes the cost of utility charges and services, including water, gas, electrical, and sewer. Tenant will make all arrangements and pay for refuse collection and telephone service.

The Basic Lease Information set forth above and the Exhibits attached hereto are incorporated into and made a part of the following Lease. In the event of any conflict between the Basic Lease Information and terms of the Lease, the terms of the Lease shall control.

LANDLORD’S INITIALS _______ TENANT’S INITIALS _______

5 LEASE

THIS LEASE is made by and between the CITY OF BERKELEY, a Charter City organized and existing under the laws of the State of California ("Landlord or City") and BAY AREA HISPANO INSTITUTE FOR ADVANCEMENT, Inc. ("BAHIA"), a non-profit organization doing business at 1718 8th Street, in Berkeley, CA ("Tenant").

WITNESSETH :

Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the Premises for the term and subject to the terms, covenants, agreements and conditions set forth below, to each and all of which Landlord and Tenant hereby mutually agree.

1. DE

FINITIONS

Unless the context otherwise specifies or requires, the following terms shall have the m
eanings herein specified:

A. " Affiliate," as to any person, shall mean such person's partners, members, commissioners, officers, employees, volunteers and agents.

B. "Building"
shall mean a building on the Premises as shown on Exhibit “A”.

C. " Lease Year" shall mean each twelve- month period during the term of the Lease commencing upon the effective date of the Lease.

F. " Premises" shall mean the building located at 1718 8th Street (approximately 4,500 sq. ft.), the outdoor gated play area and garden area (approximately 3,700 sq. ft.) and non
-exclusive rights to the common area (outdoor sidewalk area by the front door (approximately 1,600 sq. ft.) as shown on the map attached hereto as Exhibits "A". The Tenant understands that the building is adjacent to the James Kenney Community Center and on the grounds of James Kenney Park which provide recreational services to children and adults of all ages. Prior to using the common area for special events only, the Tenant agrees to provide at least thirty (30) days' written notice of intent to use J ames Kenney Park, site coordinator and
recreation manager to ensure that there are no other conflicting uses of the space. The Tenant agrees to cooperate with users of the Community Center and Park in use of the common area for ingress and egress. No items will be allowed to be stored within the common area. Items not related to the Tenants' program shall not be stored on the Premises at any time.

2. TERM

A. Initial Term and Term of Renewal. The initial term is for a period of approximately fifteen years. Tenant has the option, under certain terms and conditions as described below, to renew this lease for an additional five-year term. This Lease shall take effect once duly approved by the Berkeley City Council and executed by both Landlord and Tenant

6 (“the Effective Date”). The Initial Lease Term will expire at midnight February 28, 2038 (“the Termination Date”).

B. Procedure for Renewal. If Tenant wishes to renew the Lease beyond the Initial Lease Term, Tenant must provide written notice of such intent to Landlord at least one hundred and twenty (120) days prior to the expiration of the Initial Term. If Landlord, in its sole discretion, determines that Tenant has complied with all terms and conditions of the Lease, at least sixty (60) days prior to expiration of the Lease, Landlord shall provide written notice to Tenant of any additional improvements that will be required to be completed by Tenant or increase in rent for a single five-year renewal term and shall provide notice of its determination to grant renewal of the lease upon condition that Tenant agrees to the additional improvements and increase in rent, if any, at least thirty (30) days prior to the expiration of the Initial Term.

3. RENT

A. Rent. Tenant shall pay to Landlord as a minimum rental for its use and occupancy of the Premises an annual rent of SIX THOUSAND DOLLARS ($6000.00) for the first year of the Lease, increasing by 3% for each subsequent year of the original term and any option term.

For purposes of determining Rent, the first year of the Lease is the period up to February 28, 2024 and will be pro-rated for a partial year.

B. Manner of Payment. All rent and other payments due from Tenant shall be made to Landlord in lawful money of the United States of America at Landlord's address for notice hereunder, or to such other person or at such other place as Landlord may from time to time designate in writing.

C. Delinquency and Late Charges; Interest.

1. Tenant hereby acknowledges that its late payment of rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult or impracticable to ascertain. Such costs include, without limitation, processing and accounting charges and overtime wages. Accordingly, any payment of rent or other sum due hereunder that remains due and unpaid for a period of ten (10) days after it becomes due and payable shall be subject to a delinquency charge of ten percent (10%) of the delinquent amount. The parties agree that such charge represents a fair and reasonable estimate of the costs Landlord shall incur by reason of Tenant's late payment. Landlord shall apply any monies received from Tenant first to any accrued delinquency charges and then to any rent then due. Acceptance of such delinquency charges by Landlord shall not constitute a waiver of Tenant's default with respect to such overdue amount. The delinquency charge is in addition to all other remedies that Landlord may have under this Lease or at law.

2. Any amount due to Landlord, if not paid when due, shall bear interest from the date due until paid at the rate of the twelve percent (12%) per annum. Interest shall not be payable on delinquency or late charges nor on any amounts upon which such charges are paid

7 by Tenant, to the extent such interest would cause the total interest to exceed that legally permitted. Payment of interest shall not excuse nor cure any default hereunder by Tenant.

D. Accord and Satisfaction. Landlord's acceptance of a lesser amount of rent or other sum due hereunder shall not be deemed to be other than on account of the earliest rent or payment due and shall be applied by Landlord as provided in subsection C.1. No endorsement or statement on any check or letter accompanying any such check or payment shall be deemed an accord and satisfaction, and Landlord may accept such check or payment and pursue any other remedy available under this Lease or at law. Landlord may accept any partial payment from Tenant without invalidation of any contractual notice required hereunder (if required) and without invalidation of any notice required pursuant to California Code of Civil Procedure Section 1161, et seq., or any successor statute.

4. P

ROPERTY AND OTHER TAXES

A. P ossessory Interest Taxes. The property interests created by this Lease may be subject to property taxation and Tenant, in whom the possessory interest is vested, will be responsible for the timely payment of any property taxes levied on such possessory interest.

Tenant agrees to pay before delinquency all lawful taxes, assessments, fees or charges which at any time may be levied by the state, county, city or any tax or assessment levying body against the transfer of the leasehold interest hereunder upon recordation or otherwise, or upon any activity carried on under this Lease, any interest in this Lease or any possessory right which Tenant may have in or to the Property or the Premises by reason of its use or occupancy thereof or otherwise.

B. City of Berkeley Assessments. Tenant also shall be responsible for and shall pay prior to delinquency all assessments imposed against the Property and/or the Premises by the City. Tenant acknowledges that City has established certain assessment districts within the City of Berkeley and that all properties within the assessment districts are subject to annual assessments. The City reserves the right to create additional districts and to terminate any such district(s). Tenant shall be billed for each such assessment in the same manner as other property owners and lessees in the City.

C. Personal Property and Other Taxes. In addition to all other sums to be paid by Tenant hereunder, Tenant shall pay, before delinquency, any and all taxes levied or assessed during the term of the Lease on Tenant's equipment, furniture, fixtures, merchandise, and other personal property located in the Premises, and shall pay, or shall reimburse Landlord for, any and all assessments (including, without limitation, all assessments for public improvements, services or benefits, irrespective of when commenced or completed), excises, levies, business taxes, Lease, permit, inspection and other authorization fees, transit fees, service payments in lieu of taxes and any other fees or charges of any kind, which are levied, assessed, or imposed by any public authority: (i) upon or measured by rental payable hereunder, including without limitation, any gross income tax or excise tax levied by the City of Berkeley, Alameda County, the State of California, the Federal Government or any other government body with respect to the receipt of

8 such rental; (ii) upon or with respect to the development, possession, leasing, operation, management, maintenance, alteration, repair, use or occupancy by Tenant of the or any portion thereof; (iii) upon, measured by or reasonably attributable to the cost or value of Tenant's equipment, furniture, fixtures, merchandise, and other personal property located at or in the Premises or by the cost or value of any improvements made by Tenant to the Premises, regardless of whether title to such improvements shall be in Tenant or Landlord; or (iv) upon this Lease or any document to which Tenant is a party creating or transferring an interest in the Premises.

D. Tenant's Right to Contest. Tenant may, at no cost to Landlord, reasonably conte st the legal validity or amount of any taxes, assessments, or charges for which Tenant is responsible under this Lease, and institute such proceedings as Tenant considers necessary; provided, however, that Tenant shall at all times protect Landlord from foreclosure of any lien, and that Landlord shall not be required to join in any proceeding or contest brought by Tenant.

5. U SE OF PREM ISES

A. The Premises shall be used by Tenant for the purpose of operating a child care and development center. Tenant may add new program activities with written approval from the City 30 days prior to commencement and such permission will not be unreasonably withheld so long as the programs held on the Premises focus on child care and development.

B. Tenant shall operate its business on and about the Premises in a manner consistent with the use permitted herein and any local, state or federal laws or regulations or the standards promulgated by Landlord.

C. Tenant understands the leased Premises are adjacent to James Kenney Community Center and on the grounds of James Kenney Park. At all times, Tenant agrees to provide adequate personnel to ensure the safe and efficient management of its use of the leased Premises Tenant must comply with all applicable regulations governing the use of James Kenney Park.

D. Tenant will comply with all applicable safety standards in effect at any given time, and take all necessary steps to ensure that its participants are properly supervised to prevent injury to participants and others. Tenant will provide adequate supervision of the participants at all times while using the Premises.

E. Landlord shall have no responsibility for Tenant's equipment that may be lost, stolen, or damaged.

F. Tenant agrees to require its employees, participants, and visitors who use the Premises and to abide by standards of behavior common to general park use.

G. Business may be conducted with the public on the Premises at any time on any

9 day that James Kenney Park is open to the public, provided that Tenant shall have obtained all required permits and provided Tenant shall comply with all rules applicable to James Kenney Park.

H. Tenant agrees to cooperate with the City in promoting community participation in Tenant's programs and activities held at James Kenney Park.

I. Tenant shall not, without the written consent of Landlord:

1. place, construct or maintain in, on, or about the Premises or within James Kenney Park any advertisement media, including without limitation, searchlights, flashing lights, loudspeakers, or other similar media or device;

2. place or permit the use in or on the Premises of any vending machines, newspaper racks or other coin operated devices.

3. warehouse or stock on the Premises any goods, wares or merchandise other than that which is directly related to the Tenant's use of the Premises;

4. store, display or sell goods or merchandise on the Premises or place or permit;

5. portable signs or other devices to be stored or to remain on the Premises;

6. use or permit any portion of the Premises to be used as living or sleeping quarters; and

7. sell, distribute, display, or offer for sale any item, which, in Landlord's good faith judgment, may tend to detract from the image of James Kenney Park.

J. Tenant shall not do or permit to be done in, on, or about the Premises anything which is prohibited by or may conflict with any law, statute, ordinance or governmental rule or regulation now in force or hereafter enacted or promulgated, which is prohibited by the standard forms of special form or commercial general liability insurance or which may cause a cancellation of any insurance policy covering James Kenney Park or the Premises or any of its contents, or (except with the prior written consent of Landlord) which may increase the existing rate of or affect any special form or commercial general liability insurance or other insurance upon James Kenney Park or the Premises, or any of its contents. In the event Tenant does or permits to be done anything or keeps or permits to be kept anything on or about the Premises or the James Kenney Park which increases the existing rate of such insurance upon James Kenney Park or the Premises or any of its contents, Tenant shall pay the amount of any such increase promptly upon Landlord's demand. Tenant shall not do or permit anything to be done which will in any way obstruct or interfere with the rights of other lawful users of James Kenney Park, including, without limitation, tenants, their employees or invitees, disturb or annoy them, or use

10 or allow the Premises to be used for any improper, unlawful or objectionable purpose. Tenant shall not maintain or permit any nuisance in or about the Premises or commit or suffer-to be committed any waste in or upon the Premises.

K. No auction, fire, bankruptcy, distress, clearance, or going-out-of-business sale shall be conducted on the Premises nor shall any sign or advertisement regarding such activity be posted in or about the Premises.

L. If any governmental license or permit, other than a certificate of occupancy, shall be required for the proper and lawful conduct of Tenant's business, Tenant shall procure and maintain such license or permit and submit the same for inspection by Landlord. Tenant at all times shall comply. with the terms and conditions of each such license or permit.

M. Nothing shall be done in or about the Premises by Tenant or anyone having a contractual relationship with Tenant that will result in substantial interference, by themselves or third parties, with normal operation and use of James Kenney Park or the means of ingress and egress thereto ("Substantial Interference"). Tenant shall use every effort to eliminate Substantial Interference including legal action. If Tenant fails to bring an immediate halt to any Substantial Interference, Landlord shalt" have the right (i) to take action and require Tenant to undertake and eliminate such Substantial Interference and (ii) to commence any legal action to eliminate such Substantial Interference. Any agreement entered into by Tenant with regard to use of the Premises shall contain a provision reserving to Tenant all of the necessary rights and remedies to permit Tenant to comply with its obligations under this provision and authorizing Landlord to enforce the terms of such provision if Tenant fails to do so.

6. U

SE OF JAMES KENNEY PARK PROPERTY

A. T he parties acknowledge that Tenant has, as a member of the general public, the non-exclusive right, in common with others duly authorized by Landlord, and subject to all generally applicable laws and regulations, to use James Kenney Park.

B. Tenant agrees that except as otherwise provided in this Lease, it is not a covenant or condition of this Lease or of any other agreement with Tenant that Landlord undertake or cause t
o be undertaken any development or redevelopment of the Premises or James Kenney Park, and Landlord shall incur no liability whatsoever to Tenant for failure to undertake such development or redevelopment.

C. Landlord at all times shall have the right and privilege of making such changes in and to James Kenney Park (other than the Building) from time to time which in its sole opinion are deemed to be desirable or appropriate, including the location and relocation of stairways, sidewalks, pathways, driveways, streets, entrances, exits, automobile parking spaces, the direction and flow of traffic, designation of prohibited areas, landscaped areas, utilities and all other facilities; provided, however, that the foregoing is not intended to entitle Landlord to

11 unreasonably effect changes that would materially arid adversely affect access to or visibility of the Premises, except temporarily during periods of construction. Landlord shall have the right to establish, promulgate, and enforce such reasonable rules and regulations concerning James Kenney Park, as it may deem necessary or advisable for the proper and efficient management, operation, maintenance and use thereof, and Tenant shall comply with the same.

D. Landlord at all times shall have the sole and exclusive management and control of James Kenney Park, including without limitation, the right to lease, license or permit the use of space within James Kenney Park to persons for the sale of merchandise and/or services and the right to permit advertising displays, educational displays, displays of art, and promotional activities and entertainment.

E. Nothing contained herein shall be deemed to create any liability to Landlord for any personal injury, or any damage to motor vehicles, vessels, or other property of Tenant's members, employees or others, unless caused by the gross negligence or willful misconduct of Landlord, its agents, servants or employees. Tenant is solely responsible for the security of the Premises, and for the safety of those using the Premises pursuant to this Lease or any permits or licenses from the City. Tenant acknowledges that if Landlord provides security guards or police patrols for James Kenney Park or any portion thereof, Landlord does not represent, guarantee or assume responsibility that Tenant or any person or entity will be secure from losses or injury caused by the acts of third parties and does not assume responsibility for any such illegal acts.

Tenant hereby waives any present or future claims Tenant may have against Landlord, whether known or unknown, for bodily injury or property damage arising from the performance of such security agents. City shall not be obligated to provide any public liability or property damage or loss insurance for the benefit of Tenant or any other person or entity.

F. Tenant will use its best efforts to maintain effective relations with other users of James Kenney Park and with neighbors. Tenant shall park vehicles only in legal and/or designated parking areas and only for the legal period of time; shall deposit all trash in legal containers; shall not deposit food or material of any kind on adjacent Premises; and shall respect the environment of James Kenney Park.

G. Tenant shall not interfere with the free and unobstructed access by the public to James Kenney Park. Tenant shall not preclude other users of James Kenney Park from exercising a different use without first obtaining any and all appropriate permits.

H. Landlord reserves to itself the right to grant to others in the future nonexclusive utility easements over, under, through, across or on the Premises in locations that will not unreasonably interfere with Tenant's access to or use of the Premises. Any interference shall be temporary, and all work on the Premises shall proceed expeditiously. Tenant shall be given reasonable notice before commencement of any work on the Premises. In the event the. installation or maintenance of such future utility lines in such easements causes any damage to the Premises, or any portion thereof, or to the Building, or other facilities located upon the Premises, including but not limited to pavement, curbs and sidewalks, the same shall be repaired

12 by Landlord at its expense, if not so repaired by the party installing and maintaining the line.

Landlord shall hold harmless and indemnify Tenant from all claims arising out of the grant or use of such a utility easement, except to the extent they result from the negligence or willful misconduct of Tenant or its sub-lessees or sub-tenants.

7. SERVICES

A. Tenant acknowledges that there is no separate meter for water, gas, electrical or sewer service provided to the Premises. Tenant understands that base rent includes the cost of these utility charges and services. Tenant shall make all arrangements and pay for refuse collection and telephone service, and all fees and periodic charges related thereto.

B. Landlord makes no representation or warranty that the supply of any utility or service to the Premises and/or the Building will not be interrupted, delayed or reduced.

C. Landlord shall not be liable for damages to either person or property; nor shall Landlord be deemed to have evicted Tenant; nor shall there be any abatement of any rent; nor shall Tenant be relieved from performance of any covenant on its part to be performed hereunder by reason of any (i) breakdown of equipment or machinery utilized in supplying utilities or services; (ii) interruption of or failure to supply or delay in supplying any such utilities or services; (iii) the limitation or restriction on use of water, electricity gas, or telecommunications service serving the Premises or James Kenney Park; or (iv) failure to repair or cure any of the foregoing, except in the case of Landlord's gross negligence or willful misconduct.

8. OBLIGATION OF TENANT TO REMOVE PERSONAL PROPERTY

Upon the expiration of this Agreement, Tenant is obligated to remove any personal property pl
aced in the Premises by the Tenant. If any personal property does remain on the Premises upon the expiration of the Agreement it will be considered abandoned personal property, which will be removed, by the City and the Tenant will be responsible for all costs associated with removing the personal property from the Premises.

9. AL

TERATIONS AND IMPROVEMENTS

A. T
enant acknowledges that Landlord owns the Premises. Tenant accepts the Premises from Landlord in its "as is" condition, the conditions that exist as of the Effective Date of this Lease. Tenant acknowledges that Landlord makes no representation or warranty concerning (i) the physical condition of the Premises; (ii) the Premises suitability for Tenant's proposed use; or (iii) the presence of any Hazardous Substance in or about the Premises, except as otherwise expressly set forth in this Lease. Landlord has encouraged Tenant to make its own physical inspection of all aspects of the Premises and to conduct its own investigation as to the suitability of the Property and the Premises for Tenant's use.

B. Upon the execution of this Lease, Landlord approves and requires the

13 improvements to the Premises listed on Exhibit “B” that shall be completed by Tenant. Tenant shall complete the improvements within the timeframe as stated in Exhibit “B”. Tenant shall not make any alterations, additions or improvements to the Premises (i) costing in excess of $5,000 for any single instance or $15,000 in the aggregate for any twelve (12) consecutive months or (ii) affecting the Building structure or utility systems, or attach any fixture or item of equipment thereto without Landlord's prior written consent except for the improvements listed in Exhibit “B”. All such alterations, additions, or improvements shall be made at Tenant's sole expense in accordance with Landlord's General Design Requirements (if any) and the plans and specifications (including specifications for materials to be used in connection therewith) and a statement of the estimated cost of such work submitted to and approved by Landlord (collectively the "Plans and Specifications"). If the cost thereof exceeds $5,000 for any single instance, or if such Tenant's work involves the Building structure or utility systems, any contractor or person selected by Tenant must be a licensed contractor. Landlord, in its sole discretion, shall approve or disapprove Tenant's request and may disapprove Tenant's use of any materials or substances, including but not limited to asbestos and fiberglass, which Landlord, in its sole discretion, deems potentially hazardous, toxic or threatening to health. To the extent that Tenant's work shall require a building permit or other permits from the City of Berkeley, and/or any other governmental agency, Tenant shall not perform any of Tenant's work until Tenant has obtained all requisite permits. Tenant further shall comply with all prevailing wage requirements of California Labor Code Sections 1720 et seq., to the extent such requirements are applicable to Tenant's work.

C. Except as otherwise expressly provided in this Lease, Tenant shall not repair, replace or modify any utility system located within the Building without the Landlord's prior written consent. Tenant is responsible for the repair of any damage to any utility system, structural element of the Building(s), facilities of Landlord or any other facilities arising out of Tenant's construction activities or Tenant's negligence or willful misconduct; provided, however, such provision is not intended to and shall not be interpreted to make any other person or entity a third party beneficiary thereof.

D. This Lease specifically prohibits Tenant, or any other party, from expanding uses or structures allowed on the Premises beyond those designated in use permits approved by the City of Berkeley. Notwithstanding approval of any new Use Permit allowing expansion, or any future expansion of the uses in existing buildings, or additions to existing buildings, or construction of any new buildings, or moving existing buildings onto the Premises, are all subject to the prior written approval of the Landlord (with the exception of the Exhibit “B” Improvements) and all improvements (including Exhibit “B” Improvements) are subject to the environmental review and permit regulations and approvals of same by all applicable local, state, and federal agencies.

E. Except for Exhibit “B” Improvements, Tenant shall not substantially deface or change any floors, walls, ceilings, roofs, or partition any of the structures or improvements on the Premises without first providing thirty (30) days written notice to Landlord. If Landlord raises no objections within thirty (30) days after receipt of such notice, Tenant may proceed,

14 provided Tenant obtains all required permits. Except as may be specifically approved in writing by Landlord, Tenant shall require all contractors to provide a labor and materials bond for the full amount of any contract for improvements that exceed $50,000, including any applicable Exhibit “B” Improvements. Tenant shall pay, when due, all sums of money that may be due or become due for any labor, services, materials, supplies or equipment furnished to or for Tenant in, at, upon or about the Premises and which may be secured by any mechanic's, material men’s or other lien against the Premises or Landlord's interest therein.

All alterations, improvements or additions that are now or in the future attached permanently to the Premises shall be the Property of Landlord and shall remain with the Property at the termination of this Lease, except that Landlord can elect within thirty (30) days of the termination of the Lease to require Tenant, at its cost, to remove any equipment that Tenant has affixed to the Premises.

F 1. Tenant hereby agrees in accordance with the schedule set forth in Exhibit "B" to undertake and complete all of the recommended capital improvements.

2. Tenant understands the Premises were inspected by Disability Access Consultants LLC (DAC). Tenant acknowledges receipt of their findings and some of these are incorporated into planned improvements in Exhibit B. City makes no warranty or representation as to whether or not the Premises comply with ADA or any similar legislation. In the event that Tenant’s use of the Premises requires modifications or additions to the Premises in order to comply with the ADA or similar legislation, Tenant agrees to make any such necessary modifications and/or additions at Tenant’s expense. City shall have no responsibility to make any repairs or modifications to the premises in order to comply with accessibility standards, except as set forth in other provisions of this Lease.

3. The parties acknowledge and agree that one of the principles underlying the terms and conditions of this Lease is Tenant's agreement to perform specified capital improvements on the Premises in exchange for abated rent and a 15-year term of occupancy. The parties have thoroughly inspected the Building and Premises and have entered into this Lease on the assumption that the capital improvements set forth in Exhibit B represents a reasonable estimate of the improvements necessary to preserve, enhance and improve the condition of the Building through the term of this Lease. However, the parties also acknowledge and agree that certain events (for example, latent or unanticipated defects or damage to the Premises, accessibility requirements, etc.) may give rise to substantial, unavoidable expenses that materially and adversely affect Tenant's ability to perform its obligations under this Lease. In such event, upon Tenant's written notice to Landlord, Landlord shall temporarily defer declaring default pursuant to Section 19 of this Lease, and the parties, in good faith, shall employ their best efforts to negotiate amendments to the Lease that recognize Tenant's financial hardship while preserving to the extent possible the original terms and intent of the Lease. In the event the parties are unable to reach agreement on such amendments, either party may terminate this lease upon 30 days’ written notice to the other. Upon such termination, Tenant shall vacate the Premises in accordance with Section 8. and shall be relieved of all other obligations under this Lease.

15 G. 1. Tenant agrees that to the extent it is required to comply with the prevailing wage requirements, Tenant shall assure that all workers are paid the prevailing rate of per diem wages, and travel and subsistence payments (defined in applicable collective bargaining agreements filed in accordance with Section 1773.8 of the California Labor Code), in effect on the date of Landlord's first approval of a building permit or other approval of the work. Copies of the applicable prevailing rate of per diem wages are on file at Landlord's principal office and will be made available to any interested party on request. Tenant agrees to post a copy of the prevailing rate of per diem wages at the Premises. Tenant, as a penalty to Landlord, shall forfeit Twenty-Five Dollars ($25) for each calendar day, or portion thereof (or such other sum as specified from time to time by Section 1775 of the California Labor Code), for each worker paid less than the applicable prevailing rates for such work or craft in which such worker is employed.

The difference between such prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by Tenant.

2. Tenant agrees to keep or cause to be kept by each contractor and subcontractor an accurate payroll record for each worker employed on Tenant's Work covered by this subsection H showing all of the information specified in subsection (a) of Section 1776 of the California Labor Code. All such payroll records shall be certified, available for inspection and filed in accordance with the procedures specified in subsections (b)-(e) inclusive of Section 1776 of the California Labor Code. In the event of noncompliance with the foregoing requirements concerning payroll records which continues for more than ten (10) days after Landlord gives Tenant written notice specifying in what respects Tenant must comply, Tenant shall forfeit, as a penalty to Landlord, for each worker Twenty-Five Dollars ($25) for each calendar day, or portion thereof, until strict compliance is effectuated. Tenant shall be responsible for complying with Section 1777.5 of the California Labor Code concerning apprenticeable occupations, with respect to all work covered by that Section. For purposes of the prevailing wage requirements of this subsection, Tenant shall be deemed to be a "contractor" as that term is used in Sections 1720 et seq., of the California Labor Code. Except where the context otherwise requires, the definitions of terms and phrases contained in the State prevailing wage law, Sections 1720 et seq., of the California Labor Code, and in the implementing administrative regulations, shall apply to the same terms and phrases which are used in the prevailing wage requirements of this subsection H.

10. LI
ENS

Tenant shall keep the Premises, the Building, and J ames Kenney Park free from any liens arising out of any work performed, materials furnished or obligations incurred by Tenant.

In the
event that Tenant shall not cause any such liens to be released of record, Landlord shall have, in addition to all other remedies provided herein or by law, the right (but not the obligation) to cause the same to be released by such means as Landlord shall deem proper, including payment of the claim giving rise to such lien. All sums paid and all expenses incurred by Landlord in connection therewith shall be reimbursed by Tenant promptly on demand. Landlord shall have the right to post and keep posted on the Premises any notices (including, without limitation,

16 notices of non-responsibility pursuant to California Civil Code Section 3094) that Landlord may deem proper for protection of Landlord and the Premises. Tenant shall give Landlord at least ten (10) business days' prior notice of the date of commencement of any Tenant's work on or in the Premises to allow Landlord to post such notices.

11. T

ENANT AND LANDLORD MAINTENANCE OBLIGATIONS

A. T enant agrees that during the entire term of this Lease, at its own cost and expense, it shall keep and maintain the Building(s
) on the Premises, and all leasehold improvements,
including interior and exterior walls, floors, ceilings, plumbing and heating, fixtures, furniture, and other improvements located on the Premises in good-quality order, repair and condition.

Except as otherwise provided in this Lease, Tenant shall perform, at its own cost and expense, any and all maintenance, removal of graffiti, repairs, or rehabilitation to the Building(s), or other area in the Premises, whether required by deterioration or by operations of Tenant or otherwise.

Subject to approval required by Section 9, the obligation under this section to maintain the building and improvements on the Premises, includes any repairs to the roof and the exterior siding.

B. To the extent applicable, Tenant hereby waives the provisions of Civil Code Sections 1941 and 1942, and any other provision of law now or hereafter in effect, with regard to the habitability of the Property and the Premises.

C. "Good-quality order, repair and condition", as used herein, shall mean the maintenance, repair, or renovation of the Building, equipment, furniture, fixtures, outdoor lighting, signage, and appurtenances necessary to keep and maintain the Building in efficient and attractive condition, given the nature and age of the Building, at any time during the term of this Lease.

D. Tenant shall provide its own janitorial service for the Premises, and all of Tenant's rubbish shall be removed by Tenant to such location(s) on the Premises or within James Kenney Park as may be designated by Landlord for pick-up and disposal by the Landlord.

E. Landlord shall maintain or cause to be maintained, at Landlord’s expense, any street lighting.

F. In the event of a dispute that Landlord and Tenant cannot informally resolve, Tenant’s only remedy against Landlord shall be the right to terminate this Lease, effective thirty (30) days from the delivery of written notice to Landlord.

G. Nothing in this Section 11 shall be deemed to affect or impair Landlord's rights under Section 9 of this Lease. Tenant acknowledges that Landlord has no obligation and has made no promises to alter, remodel, improve, repair, decorate or paint the Building or to improve the Premises, or any part thereof. Landlord has made no representatives respecting the condition of the Building, the Premises, or James Kenney Park, except as specifically set forth in this Lease.

17 12. ENVIRONMENTAL

A. Tenant shall follow all environmental rules and regulations as they apply to City ag
encies. Specifically, Tenant shall minimize waste and recycle and compost. Tenant must participate in a recycling service provided by the City or provide an acceptable alternative with the approval of the City’s Recycling Supervisor. To that end, Tenant shall:

1. A
ssign someone to be in charge of its recycling programs, and to communicate needs and questions to the City’s Zero Waste Division.

2. Recycle corrugated cardboard, office papers and beverage containers (glass bottles, plastic bottles, and cans)

3. Place collection containers for paper at convenient locations.

4. Educate employees and program participants about recycling procedures.

5. Recycle batteries and office equipment (contact the City’s Zero Waste Division for information about vendors).

6. Tenant shall recycle construction waste from tenant improvements.

7. Tenant shall conserve energy.

13. DAM

AGE OR DESTRUCTION

A. I n the event the Premises are damaged by fire, flood, earthquake, act of God, the elements, or other casualty, then (unless this Lease is terminated pursuant to this S ection 13)
Tenant shall forthwith repair the same, at its sole expense. In this event, Tenant shall be solely responsible for the loss, repair, and replacement of its equipment and leasehold improvements.

B. Anything in subsection A to the contrary notwithstanding, neither Tenant nor Landlord shall have any obligation to repair or rebuild the Premises or the Buildings following damage or destruction thereto if the damage or destruction is due to any cause or casualty other than one against which the responsible party is required to carry insurance or actually does carry insurance and such party reasonably estimates that the cost of repair or rebuilding exceeds ten percent (10%) of the replacement cost of the Premises or Buildings, as the case may be. If the responsible party elects not to repair any damage or destruction pursuant to this provision, such party shall give the other party notice of such election within sixty (60) days after the date of such damage or destruction; and this Lease shall terminate as of the date of such damage or destruction.

C. Tenant hereby waives the provisions of California Civil Code Sections 1932 and 1933 and any other statutes now or hereafter in effect which relate to termination of a lease when leased Premises is damaged or destroyed and agrees that such event shall be governed by the terms of this Lease.

14. INDEMNIFICATION

A. To the fullest extent permitted by law, Tenant shall (1) immediately defend and

18 (2) indemnify Landlord, and its directors, officers, and employees from and against all liabilities regardless of nature, type, or cause, arising out of or resulting from or in connection with the Lease. Liabilities subject to the duties to defend and indemnify include, without limitation, all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. The Tenant's obligation to indemnify applies regardless of whether a liability is a result of the negligence of any other person, unless it is adjudicated that the liability is caused by the sole active negligence or sole willful misconduct of an indemnified party.

B. The duty to defend is a separate and distinct obligation from the Tenant’s duty to indemnify. The Tenant shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the Landlord, the Landlord and its directors, officers, and employees, immediately upon submittal to the Tenant of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. A determination of comparative active negligence or willful misconduct by an indemnified party does not relieve the Tenant from its separate and distinct obligation to defend Landlord. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent defense counsel if Tenant asserts that liability is caused in whole or in part by the negligence or willful misconduct of the indemnified party. If it is finally adjudicated that liability was caused by the sole active negligence or sole willful misconduct of an indemnified party, Tenant may submit a claim to the Landlord for reimbursement of reasonable attorneys’ fees and defense costs.

C. The review, acceptance or approval of any of Tenant’s work or work product by any indemnified party shall not affect, relieve or reduce the Tenant’s indemnification or defense obligations. This Section survives the termination of this Lease. The provisions of this Section are not limited by and do not affect the provisions of this Lease relating to insurance.

D. Liabilities subject to this Section include any claim of discrimination or harassment, including but not limited to sexual harassment, arising from the conduct of the Tenant or any of the Tenant’s officers, employees, agents, licensees, or subcontractors. In the event of a discrimination or harassment complaint against any employee, agent, licensee or subcontractor of the Tenant or its subcontractors, the Tenant shall take immediate and appropriate action in response to such complaint, including, but not limited to termination or appropriate discipline of any responsible employee, agent, licensee or subcontractor.

15. I

NSURANCE

A. Tenant, at its sole expense, shall procure and maintain the following insurance:

1. Commercial general liability insurance insuring Tenant against any liability arising out of its use, occupancy, repair or maintenance of the Premises, the Building, James Kenney P
ark, with a combined single limit of not less than $2,000,000 for injury to or

19 death of one or more persons in any one accident or occurrence and Property damage in any one accident or occurrence. Such comprehensive general liability insurance shall include fire liability coverage and public liability and Property damage insurance, including personal injury, broad form Property damage, blanket contractual, and other coverage as may be reasonably required by Landlord. Landlord shall have the right, from time to time, to require Tenant to increase the amount of its comprehensive general liability insurance coverage if, in Landlord's reasonable opinion, the amount of such coverage is not sufficient in light of the risks insured and Tenant's use of the Premises or James Kenney Park.

2. Special Form Property insurance for cost of damage to the Premises, including, without limitation, during any term of construction of Tenant's work, builders' All- Risk Insurance. Such insurance shall include coverage for vandalism and malicious mischief and cost of demolition and increased cost of construction by reason of changes in applicable ordinances/laws and shall not contain a co-insurance clause.

B. All policies of insurance and all renewals thereof shall be approved as to form and sufficiency by Landlord's Risk Manager and shall be issued by good and responsible companies qualified to do and doing business in California and rated A+: XIII or better in the most recent version of B
est's Insurance Guide. Each of the required insurance coverages except for workers compensation (i) shall name Landlord and each of its Affiliates as additional insureds and, with respect to casualty insurance, as their respective interests may appear and (ii) shall provide that it may not be canceled or altered by the insurer in such manner as to adversely affect the coverage unless sixty (60) days' prior notice is given by certified mail to Landlord at the address set forth in Section 35 below, or to such place as Landlord may from time to time designate in a notice to Tenant.

C. An original certificate of each policy of insurance shall be delivered to Landlord prior to the date the Premises is delivered to Tenant and from time to time during the Term. If Tenant shall fail to procure or maintain any insurance required hereunder or shall fail to furnish to Landlord any duplicate policy or certificate, Landlord may obtain such insurance; and any premium or cost paid by Landlord for such insurance shall be reimbursed by Tenant promptly upon Landlord's demand. Tenant shall make good faith efforts to ensure that at least sixty (60) days prior to the expiration of any such policy, an extension endorsement showing that such insurance coverage has been or will be renewed or extended shall be delivered to Landlord and if, despite such good faith efforts, such extension endorsement cannot be timely delivered, Tenant shall cause to be delivered to Landlord within said time other reasonable documentary evidence of renewal of coverage and shall continue exercising diligent efforts to deliver to Landlord the required extension endorsement. If such coverage is canceled or reduced, Tenant, within ten (10) days after receipt of written notice of such cancellation or reduction in coverage but in no event later than the effective date of cancellation or reduction, shall deliver to Landlord a certificate showing that the required insurance has been reinstated or provided through another insurance company(ies). Upon Tenant's failure to so deliver such certificate, Landlord may, without further notice and at its option, (1) exercise Landlord's rights as provided in this Lease or (2) procure such insurance coverage at Tenant's expense and Tenant shall promptly reimburse

20 Landlord for such expense.

D. If any of the insurance required in this Section 15 is provided under a claims- made form of policy, Tenant shall maintain such coverage continuously throughout the Term and without lapse for a period of not less than five (5) years beyond the termination of this Lease, to the effect that should occurrences during the Term give rise to claims made after termination of this Lease, such claims shall be covered by such claims-made policies.

E. Each of Tenant's Property insurance policies insuring the Premises and Tenant's Property in the Premises shall include a waiver of the insurer's right of subrogation against Landlord, or, if such waiver should be unobtainable or unenforceable, (i) an express agreement that such policy shall not be invalidated if the assured waives, before the casualty, the right of recovery against any party responsible for a casualty covered by the policy or (ii) any other form of permission concerning the assured's right to waive its right of recovery. If such waiver, agreement or permission shall not be, or shall cease to be, obtainable, Tenant shall so notify Landlord promptly after learning thereof.

F. Tenant hereby releases Landlord with respect to any claim (including a claim for negligence) which Tenant might otherwise have against Landlord for loss, damage or destruction of Tenant's Property occurring during the Term to the extent to which Tenant is insured under a policy (ies) containing a waiver of subrogation or agreement or permission to release liability, as provided in E. above. If, notwithstanding the recovery of insurance proceeds by Tenant for such loss, damage or destruction, Landlord is liable to Tenant with respect thereto or is obligated under this Lease to make replacement, repair, restoration or payment, then (provided Tenant's right of full recovery under its insurance policies is not thereby prejudiced or otherwise adversely affected) the amount of the net proceeds of the Tenant's insurance against such loss, damage or destruction shall be offset against Landlord's liability to Tenant therefore or shall be made available to Landlord to pay for replacement, repair or restoration, as the case may be. Nothing contained herein shall relieve either party of any duty to repair, restore or rebuild imposed elsewhere in this Lease or shall nullify any abatement of rent provided for elsewhere in this Lease.

G. If Tenant employs any person, it shall carry workers' compensation and employer's liability insurance and shall provide a certificate of insurance to the Landlord. The workers' compensation insurance shall: provide that the insurance carrier shall not cancel, terminate, or otherwise modify the terms and conditions of said insurance except upon thirty (30) days prior written notice to the Landlord; provide for a waiver of any right of subrogation against Landlord to the extent permitted by law; and be approved as to form and sufficiency by the Landlord's Risk Manager.

H. If a death, serious personal injury, or substantial Property damage occurs in connection with the performance of this Lease, Tenant shall immediately notify the Landlord's Risk Manager. If any accident occurs in connection with this Lease, Tenant shall promptly submit a written report to Landlord, in such form as the Landlord may require. This report shall

21 include the following information: 1) name and address of the injured or deceased person(s); 2) name and address of Tenant's subtenant, if any; 3) name and address of Tenant's liability insurance carrier; and 4) a detailed description of the accident, including whether any of Landlord's equipment, tools or materials were involved.

I. Tenant shall forward all insurance documents to:

Parks, Recreation & Waterfront
City of Berkeley
2180 Milvia St., 3
rd Floor
Berkeley, CA 94704

16. CO MPLIANCE WITH LAWS

A. Tenant, at its sole expense, shall promptly comply with all applicable laws, ordinances, rules, regulations, permits or requirements now or hereafter in effect (whether foreseen or unforeseen by Landlord or Tenant), with the requirements of any board of fire underwriters or similar body now or hereafter constituted; with any occupancy certificate issued by any public officer and with the provisions of all recorded documents affecting the Premises, insofar as any of the foregoing relate to or affect the condition, use or occupancy of the Premises or the Building. Such compliance by Tenant shall include, without limitation, compliance with all obligations to alter, maintain, or restore the Premises (and, as applicable, the Building), or construct improvements in or to the Premises, regardless of cost and regardless of when during the term of the Lease the work is required.

B. Tenant acknowledges that conducting its operations at the Premises and making certain alterations and improvements may require an authorization, approval or permit (collectively, "Regulatory Approval") from a governmental authority having jurisdiction over the Premises. Tenant shall be solely responsible for obtaining any such Regulatory Approval, and Tenant shall not seek any Regulatory Approval without first obtaining the approval of Landlord, except for the items listed on Exhibit “B”. All costs associated with applying for and obtaining any necessary Regulatory Approval shall be borne by Tenant. Tenant shall be solely responsible for complying with any and all conditions imposed by regulatory agencies as part of a Regulatory Approval; however, Landlord shall not take any action that would materially interfere or prevent Tenant from complying with all such conditions. Any fines or penalties imposed as a result of the failure of Tenant to comply with the terms and conditions of any Regulatory Approval shall be paid and discharged by Tenant, and Landlord shall have no liability, monetary or otherwise, for said fines and penalties, except to the extent that such fines or penalties were caused by the willful acts or omissions of Landlord. To the fullest extent permitted by law, Tenant agrees to indemnify and hold Landlord and its officers, agents and employees harmless from and against any loss, expense, cost, damage, attorneys' fees, penalties, claims or liabilities which Landlord may incur as a result of Tenant's failure to timely obtain or comply with the terms and conditions of any Regulatory Approval. Landlord agrees to cooperate (but only to the same extent and in the same manner as a non-public entity could so cooperate,

22 and not as an exercise of Landlord's police or regulatory power) with Tenant in filing, processing and obtaining all Regulatory Approvals, and upon request of Tenant, to join with Tenant as co- applicant in filing, processing and obtaining all Regulatory Approvals; provided, however, that Landlord may refuse to file, process or obtain Regulatory Approvals or to join Tenant as a co-- applicant if Landlord determines in its sole and absolute discretion that it is not in Landlord's best interest to do so. Nothing contained herein shall be deemed to limit or otherwise constrain Landlord's discretion, powers, and duties as a regulatory agency with certain police powers.

C. Tenant understands and agrees that Landlord is entering into this Lease in its capacity as a landowner with a proprietary interest in the Premises and not as a regulatory agency of the City of Berkeley with certain police powers. Landlord's legal status shall in no way limit the obligation of Tenant to obtain any required approvals from Landlord's departments, boards, or commissions that have jurisdiction over the Premises. By Landlord's entering into this Lease, neither Landlord nor any of City Council, boards, commissions, agencies, departments, or Affiliates obligates itself to any other governmental agent, board, commission or agency, or to Tenant, or to any other individual or entity, with regard to any discretionary action relating to development or operation of the Premises or James Kenney Park. Discretionary action includes but is not limited to rezonings, variances, environmental clearances, or any other governmental agency approvals that may be required or desirable for the improvement, alteration, or operation of the Premises or James Kenney Park. By entering into this Lease, Landlord is in no way modifying or limiting the obligation of Tenant to cause the Premises to be used and occupied in accordance with all laws.

17. AS

SIGNMENT AND SUBLEASE

A. Any provision of this Lease to the contrary notwithstanding, Tenant shall not directly or indirectly, by operation of law or otherwise, transfer, assign, pledge, encumber or hypothecate this Lease or all or any portion of the Premises or Tenant's interest in and to the Premises (collectively, an "Assignment") or sublet the Premises or any portion thereof or permit the Premises or any portion thereof to be used, occupied or managed by anyone other than Tenant pursuant to any Lease, use or concession agreement or otherwise (collectively, a "Sublease") without first obtaining Landlord’s written consent. Any assignment, encumbrance, or sublease without Landlord's written consent shall be voidable and, at Landlord's election, shall constitute a default. City has the sole discretion to determine whether to agree to any sublease or assignment. No consent to any assignment, encumbrance, or sublease shall constitute a further waiver of the provisions of this Section.

B. Neither this Lease nor any interest therein shall be assignable or transferable in proceedings in attachment, garnishment, or execution against Tenant, in voluntary or involuntary proceedings in bankruptcy or insolvency or receivership taken by or against Tenant or by any process of law. Possession of the Premises shall not be divested from Tenant in such proceedings or by any process of law without the prior written consent of Landlord.

C. Tenant expressly waives any rights that it might otherwise be deemed to possess

23 pursuant to applicable law, including without limitation, Section 1997.040 of the California Civil Code, to limit any remedy of Landlord pursuant to Section 1951.2 or 1951.4 of the Code by means of proof that enforcement of a restriction on use of the Premises would be unreasonable.

18. I

NSPECTION

Landlord may enter the Premises at all reasonable times (with reasonable advance notice e
xcept in case of emergency) (i) to inspect the same; (ii) to exhibit the same to prospective purchasers, mortgagees or tenants; (iii) to conduct tests, inspections and surveys to determine whether Tenant is complying with all of its obligations hereunder; (iv) to post notices of nonresponsibility or other notices that may be permitted hereunder; (v) to post "to Lease" signs of reasonable size upon the Premises during the last ninety (90) days of the Term; and (vi) to make repairs required or permitted to be made by Landlord or repairs to any adjoining space or any utility systems or to make repairs, alterations or additions to any other portion of the Building or J
ames Kenney Park; provided, however, that all such work shall be done as promptly and with as little interference to Tenant as reasonably possible. Tenant hereby waives all claims against Landlord for any injury or inconvenience to or interference with Tenant's business or any loss of occupancy or quiet enjoyment of the Premises resulting from Landlord's entry into the Premises or any work performed therein by Landlord. Landlord shall at all times have a key to all doors in and about the Premises (excluding Tenant's vaults, safes and similar areas designated by Tenant in writing in advance), and Landlord shall have the right to use any and all means which Landlord may deem proper in an emergency to obtain entry to the Premises. Tenant also shall provide Landlord with written notice of the name, address, telephone number, and Tenant's account number of the burglar alarm company (if any) utilized by Tenant for the Premises. Any entry to the Premises by any of said means or otherwise shall not under any circumstances be deemed a forcible or unlawful entry into or a detainer of the Premises or an eviction (actual or constructive) of Tenant from the Premises.

19. DE
FAULT

The occurrence of any one of the following shall constitute an event of default on the part of Tenant:

A. Failure to Use Premises. Failure to use the Premises as specified in S ection 5 and 6.

B. Nonpayment of Rent. F ailure to pay any installment of rent or any other sum due and payable hereunder upon the date when such payment is due, such failure continuing for a period of five (5) days after written notice of such failure; provided, however, that Landlord shall not be required to provide such notice more than twice during any consecutive twelve (12) months with respect to non-payment of any portion of rent, the third such non-payment during any consecutive twelve (12) months constituting an event of default without requirement of notice.

C. Other Obligations. Failure to perform any obligation, a greement or covenant under this Lease, such failure having continued for thirty (30) days after notice of such failure

24 from Landlord or such longer period as is reasonably necessary to remedy such default, provided that Tenant has commenced to remedy the default within such thirty (30) day period and shall continuously and diligently pursue such remedy until such default is cured.

D. General Assignment. A general assignment by Tenant for the benefit of creditors.

E. Bankruptcy. The filing of a voluntary petition in bankruptcy by Tenant, or the filing of an involuntary petition by Tenant's creditors, which involuntary petition remains undischarged for a period of thirty (30) days. In the event that under applicable law the trustee in bankruptcy or Tenant has the right to affirm this Lease and to continue to perform the obligations of Tenant hereunder, such trustee or Tenant, in such time period as may be permitted by the bankruptcy court having jurisdiction, shall cure all defaults of Tenant hereunder outstanding as of the date of affirmance and shall provide to Landlord such adequate assurances as may be necessary to ensure Landlord of the continued performance of Tenant's obligations hereunder. Any transferee (by operation of law or otherwise) must provide Landlord with adequate assurance of its future performance under this Lease. In the event of Tenant's bankruptcy, insolvency or reorganization, the parties specifically intend that the actions of the trustee or Tenant in assuming and/or assigning this Lease shall be governed by Section 365 of Title 11 of the United States Code applicable to shopping center leases.

F. Receivership. The employment of a receiver to take possession of all or substantially all of Tenant's assets in the Premises.

G. Insolvency. T he attachment, execution or other judicial seizure of all or substantially all of Tenant's assets in or on the Premises; the admission by Tenant in writing of its inability to pay its debts as they become due; the filing by Tenant of a petition seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future law or regulation; the filing by Tenant of an answer admitting or failing timely to contest a material allegation of a petition filed against Tenant in any such proceeding or if, within thirty (30) days after the commencement of any proceeding against Tenant seeking reorganization or arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future law or regulation, such proceeding shall not have been dismissed.

H. Release of Hazardous or Toxic Substances or Materials and Other Environmental Impacts. Any release or discharge in, on, under, around, or from the Premises and/or James Kenney Park by Tenant, its agents or employees of Hazardous Substances which has not been fully cleaned up within ten (10) days after such release or discharge. Any negative impacts to the natural habitat and environment of James Kenney Park caused by Tenant that are documented by a qualified, independent source and for which reasonable remediation measures are not available, or the Tenant fails to cooperate with the Landlord in implementing in a timely manner reasonable measures intended to mitigate any negative impacts.

I. Illegal Drugs. Any release or discharge of chemicals, toxics, solution in

25 connection with the manufacturing and mixing of any illegal substance on the premises.

J. Non-compliance with Lease terms. Failure to perform any of the obligations and improvements listed on Exhibit “B”, such failure continuing for 30 days after notice from the landlord of said default.

20. RE

MEDIES UPON DEFAULT

A. T ermination . In the event of the occurrence of any event of default, Landlord shall have the right immediately to terminate this Lease by written notice and at any time thereafter to recover possession of the Premises or any part thereof and to expel and remove Tenant, any other person or party occupying the same and all Premises located therein, by any lawful means and to reenter the Premises without prejudice to any of the remedies that Landlord may have under this Lease or under law or equity.

B. Continuation af ter Default. In the event of any default, this Lease shall continue in effect for so long as Landlord does not terminate this Lease under subsection A above. In such case, Landlord may enforce all its rights and remedies under this Lease, including without limitation, the right to recover rent as it becomes due, and all of its rights and remedies under law. Acts of maintenance, preservation, efforts to relet the Premises for Tenant's account or the appointment of a receiver upon application of Landlord to protect Landlord's interest under this Lease shall not constitute an election to terminate this Lease or Tenant's right to possession.

C. Damages upon
Termination. Should Landlord terminate this Lease pursuant to subsection A above, in addition to any other rights and remedies to which it may be entitled under applicable law, Landlord shall be entitled to recover from Tenant: (i) the worth at the time of the award of the unpaid rent and other amounts which had been earned at the time of termination; plus (ii) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of the award exceeds the amount of such rent loss that Tenant proves reasonably could have been avoided; plus (iii) the worth at the time of the award of the amount by which the unpaid rent for the balance of the Term after the time of award exceeds the amount of such rent loss that Tenant proves reasonably could be avoided; plus (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which, in the ordinary course of things, would likely result therefrom, including without limitation, the costs and expenses (including brokerage commissions and advertising costs) incurred by Landlord, with or without terminating the Lease, (1) in retaking possession of the Premises; (2) in cleaning and making repairs and alterations to the Premises reasonably necessary to return the Premises to good condition for the use permitted by this Lease and otherwise to prepare the Premises for reletting;(3) in removing all persons and personal property from the Premises and transporting and storing any of Tenant's personal property left at the Premises, although Landlord shall have no obligation to remove, transport, or store any of such personal property; and (4) in reletting the Premises for such term, at such rent and upon such other terms and conditions as Landlord in its sole discretion may deem advisable; plus (v) such other amounts in

26 addition to or in lieu of the foregoing as may be permitted from time to time under California law. The "worth at the time of award" of the amounts referred to in (i) and (ii) shall be computed with interest at the maximum rate allowed by law. The "worth at the time of award" of the amount referred to in (iii) shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award plus one percent (1%).

D. Computation of Rent fo
r Purposes of Default. For purposes of computing unpaid rent which would have accrued and become payable pursuant to subsection C above, unpaid rent shall include the total rent for the balance of the term of the Lease.

E. Remedies Cumulative. All rights, privileges and elections or remedies of the parties are cumulative and not alternative to the extent permitted by law and except as otherwise specifically provided herein.

F. No Waiver. Landlord's waiver of any breach of a covenant or condition hereof, or Landlord's failure to declare any default immediately upon occurrence thereof or a delay in taking any action in connection therewith shall not waive such breach or such covenant or condition or any subsequent breach thereof. The subsequent acceptance of rent or other monies by Landlord shall not be deemed a waiver of any preceding default by Tenant, other than the failure of Tenant to pay the particular rent or other sum so accepted, regardless of Landlord's knowledge of such default at the time of its acceptance of rent.

G. No Right of Redemption. Tenant waives any right of redemption or relief from forfeiture under California Code of Civil Procedure Sections 1174 and 1179 or any other present or future law in the event Tenant is evicted or Landlord takes possession of the Premises by reason of Tenant's default.

21. E

NVIRONMENTAL OBLIGATIONS

A. Tenant shall not, without Landlord's prior written consent (which consent may be granted or denied in Landlord's sole discretion), install, bring into or release or discharge in, on, under, around, or from the Premises any (i) asbestos-containing materials, (ii) electrical transformers, fluorescent light fixtures with ballasts or other equipment containing PCB's or (iii) materials which constitute hazardous, extremely hazardous or toxic materials under the Resource Conservation and Recovery Act, the California Hazardous Waste Control Act, the Comprehensive Environmental Response Compensation and Liability Act, the California Safe Drinking Water and Toxic Enforcement Act of 1986 or any other applicable law or regulation concerning hazardous or toxic materials, (collectively "Hazardous Substances") and has not done so prior to the effective date of this Lease. Any Hazardous Substances which are used, stored, treated, disposed of or released from the Premises by Tenant or its representatives, agents, employees or invitees, shall be used, stored, treated, released and disposed of in accordance with all applicable laws and regulations.

B. If Tenant knows or has reasonable cause to believe that any Hazardous Substance

27 has been released on or beneath the Premises, Tenant shall immediately notify the Berkeley Police Department and the Toxic Management Office and promptly give written notice of same to Landlord. If Tenant knows or has reasonable cause to believe that such substance is an imminent and material danger to public health or safety, Tenant shall take all actions necessary to alleviate such danger. Tenant shall provide to Landlord as promptly as possible, and in any event within five business days after Tenant first receives or sends the same, copies of all claims, reports, complaints, notices, warnings or asserted violations relating in any way to the Premises or Tenant's use thereof and concerning Hazardous Substances. Tenant shall not negotiate or enter into any settlement agreement, consent decree or other compromise in respect of Hazardous Substances affecting the Premises or the Premises without first giving Landlord prior written notice and full opportunity to appear, intervene or otherwise protect Landlord's rights and interests.

C. Without limitation of the provisions of Sections 14 hereof, Tenant shall indemnify, defend and hold Landlord and its affiliates harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses which arise during or after the term of this Lease as a result of the handling of Hazardous Substances on the Premises, or James Kenney Park by Tenant, its agents or invitees, including without limitation, all costs of monitoring, investigating, and remediation of the same, damages for diminution in the value of the Premises, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises, damages arising from any adverse impact on marketing of any such space and sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees.

This indemnification by Tenant includes, but is not limited to, costs incurred in connection with any investigation of site conditions or any clean-up, remediation, removal or restoration work requested by Landlord or required by any federal, state or local governmental agency or political subdivision because of Hazardous Substance present in the soil or groundwater in, on or under the Premises or in any improvements. Without limiting the foregoing, if the presence of any Hazardous Substance in, on, under or about the Premises caused or permitted by Tenant results in any contamination of the Premises or James Kenney Park, Tenant, at its sole expense, promptly shall take all action that is necessary to return the Premises to the condition existing prior to the introduction of such Hazardous Substance in, on, under or about the Premises; provided that Landlord's approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions could not potentially have any material adverse effect upon the Premises. Tenant's obligations under this Section 21.C. shall survive the expiration or termination of this Lease.

22. L

ANDLORD'S RIGHT TO CURE

All covenants to be performed by Tenant shall be performed at Tenant's sole cost and expense and without abatement of rent. Without limiting Landlord's rights under any other provision of this Lease, if Tenant shall fail to pay any sum of money or shall fail to perform any other act and such failure shall have become an event of default under Section 19, Landlord, without waiving or releasing Tenant from any of its obligations, may make (but shall not be obligated to make) any such payment or perform any such other act. All sums so paid by

28 Landlord and all necessary incidental costs shall be deemed additional rent and shall be payable to Landlord immediately upon Landlord's written demand.

23. E MINENT DOMAIN

A. I f all or any part of the Premises shall be taken as a result of the exercise of the power of eminent domain, this Lease shall terminate as to the part so taken on the earlier of the dates that title vests in the condemning authority or such authority takes possession of the Premises. In the case of a partial taking, either Landlord or Tenant shall have the right to terminate this Lease as to the balance of the Premises by written notice to the other party within thirty (30) days after such date of taking; provided, however, that Tenant shall have no right to terminate this Lease unless the portion of the Premises taken shall be of such extent and nature as substantially to impede or impair Tenant's use of the balance of the Premises. In the event of any such taking, Landlord shall be entitled to all compensation, damages, income, rent, awards and interest that may be paid or made in connection with such taking. Tenant shall have no claim against Landlord for the value of any unexpired Term; however, Landlord shall cooperate with Tenant if Tenant seeks to recover, at its sole expense, proceeds or awards paid to compensate for damage to the "goodwill" associated with Tenant's business. Any such amounts recovered shall belong to Tenant.

B. If any part of the Premises shall be so taken and this Lease shall not be terminated, then t
his Lease shall continue in full force and effect, except that the Rent shall be reduced in the same proportion that the rentable area of the Premises taken bears to the original rentable area of the Premises. Landlord, upon receipt of the award, shall make all necessary repairs and alterations (exclusive of Tenant's trade fixtures, furniture, furnishings, personal Premises, decorations, signs and contents) to restore the portion of the Premises remaining to as near its former condition as the circumstances will permit and to restore the Building to the extent necessary to constitute the portion of the Building not so taken a complete architectural unit. Landlord, in any event, shall not be required to spend for such repairs and alterations an amount in excess of the amount received by Landlord as damages for the taking of such part of the Premises and/or Building; and Tenant, at its sole cost and expense, shall make all necessary repairs and alterations to Tenant's trade and lighting fixtures, furniture, furnishings, personal Premises, decorations, signs and contents.

C. As used herein, the "amount received by Landlord" shall mean that portion of the award received by Landlord as damages from the condemning authority which is free and clear of all prior claims or collections by Landlord and less reasonable attorneys' and appraisers' fees and expenses.

24. S

UBORDINATION

A. This Lease shall be subject and subordinated to (i) all ground or underlying leases which have been or may hereafter be executed affecting the Premises, (ii) any Declaration of Covenants, Conditions and Restrictions now or hereafter recorded affecting J ames Kenney Park,

29 all without the necessity of having further instruments executed on behalf of Tenant to effectuate such subordination.

B. Tenant agrees to execute and deliver upon demand such further instruments or documents as may reasonably be required by Landlord to evidence any such subordination of this Lease. Tenant hereby constitutes and appoints Landlord, as Tenant's attorney-in-fact, coupled with an interest, to execute and deliver any such instrument(s) on behalf of Tenant.

25. NO MERGER

The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation t
hereof, shall not work a merger and shall, at the option of Landlord, terminate all or any existing subleases or subtenancies or operate as an assignment to it of any or all such s ubleases or
subtenancies.

26. T

RANSFER BY LANDLORD

In the event the original Landlord or any successor owner of James Kenney Park shall sell or convey the Premises or the Building, or any portion thereof that includes the Premises, all liabilities and obligations on the part of the original Landlord or such successor owner shall terminate. All such liabilities and obligations thereupon shall be binding only upon the new owner. Tenant agrees to attorn to such new owner.

27. ES

TOPPEL CERTIFICATES

From t ime to time, Tenant shall execute and deliver to Landlord promptly upon request a certificate certifying (i) that this Lease is unmodified and in full force and effect or, if there has been any modification, that this Lease is in full force and effect as modified, and stating the date and nature of each such modification; (ii) the date to which rent and other sums payable hereunder have been paid; (iii) that no notice has been received by Tenant of any default which has not been cured, except as to defaults specified in such certificate; (iv) that Landlord is not in default under this Lease and that Tenant has no claims, charges, offsets or defenses against Landlord, or specifying the nature of any such default or claim, charges, offsets or defense; and (v) such other matters as may be reasonably requested by Landlord. A ny such certificate may be
relied upon by any prospective purchaser, vendee, or other party. If Tenant fails to execute and deliver any such certificate within ten (10) business days after Landlord's written request, such failure, at Landlord's election, shall be conclusive against Tenant that this Lease is in full force and effect, without modification (except as may be represented by Landlord), that there are no uncured defaults in Landlord's performance, and that not more than one month's rent has been paid in advance.

28. HOLDING OVER

If, after the expiration of the Term of the Lease, Tenant remains in possession of the

30 Premises with Landlord’s consent all provisions of this Lease shall remain in effect with the following exceptions: (1) Tenant shall become a tenant from month-to-month, such tenancy terminable on thirty (30) days’ notice given at any time by either party; and (2) the Rent shall increase to 120% of the amount of the rent when the Lease expired.

29. CH

ANGES BY LANDLORD

A. T he description of the Premises and the location of any Premises utility system(s), including without limitation electrical, plumbing, shall be subject to such minor changes as Landlord determines to be necessary or desirable in the course of any construction performed by or under the authorization of Landlord. N
o such changes shall invalidate or affect this
Lease. Landlord shall effect such changes using reasonable efforts not to disturb Tenant's business. Tenant shall have no claim against Landlord for abatement of rent or loss of business as a result of any such disturbance.

B. Landlord shall have the right in its sole discretion to, among other things, change permitted land uses, install, maintain and remove public improvements, change the arrangement, character, use or location of entrances or passageways, walkways, streets, sidewalks, parking areas, stairs, landscaping, toilets, and other facilities and portions of James Kenney Park, and to change the name, number or designation by which the Building is commonly known. None of the foregoing shall be deemed an actual or constructive eviction of Tenant, nor shall it entitle Tenant to any reduction of rent hereunder or result in any liability of Landlord to Tenant; provided, however, Landlord shall not unreasonably obstruct or interfere with access to or the lines of sight toward the Premises.

30. GOVERNING LAW

This Lease shall be governed by the laws of the State of California.

31. S ECURITY DEPOSIT

As security for the full and faithful performance by Tenant of each and every term, provision, c
ovenant, and condition of this Lease, Tenant shall deposit with Landlord in an amount of O NE
HUNDRED DOLLARS ($100), unless waived in whole or in part by Landlord. Such security shall be deposited on or before the Effective Date of this Lease.

If Tenant defaults in respect to any of the terms, provisions, covenants and conditions of this Lease, including but not limited to the payment of rent, Landlord may use the security deposit or any portion of it to cure the default or compensate the Landlord for all damage sustained by Landlord resulting from Tenant's default. If Landlord so uses any portion of the security deposit, Tenant will restore the security deposit to its original amount within ten (10) days after written demand from Landlord.

Landlord will not be required to keep the security deposit separate from its own funds and

31 Tenant shall not be entitled to interest on the security deposit. The security deposit will not be a limitation on Landlord's damages or other rights under this Lease, or a payment of liquidated damages or an advance payment of the rent. If Tenant pays the rent and performs all of its other obligations under this Lease, Landlord shall return the unused portion of the security deposit to Tenant within sixty (60) days after the end of the term. Landlord may deliver the security deposit to a purchaser of the Premises and be discharged from further liability with respect to it.

32. S
IGNAGE

The size, design, material and location of any sign, marquee, awning, decoration or other a
ttachment, advertising material or lettering on the Premises or on the exterior of the Building (collectively "signage") shall be subject to Landlord's prior written approval. All such signage shall comply with the criteria outlined in Landlord's General Design Requirements (if any) and shall be subject to the following provisions:

A. Tenant, at its sole expense, shall submit to Landlord a written description of all proposed signage, including dimensions, color, proposed location and other pertinent information ("Signage Proposal"). Landlord shall review the Signage Proposal and shall notify Tenant in writing of its approval, or reason(s) for its disapproval, within thirty (30) business days after Landlord's receipt of the Signage Proposal. If disapproved, Tenant shall make all required modifications to the Signage Proposal and shall resubmit the same to Landlord within seven (7) days after its receipt of Landlord's disapproval.

B. Within ten (10) days after Landlord's approval of the Signage Proposal, Tenant, at its sole expense, shall cause to be prepared and submitted to Landlord two (2) sets of plans ("Sign Plans") reflecting in detail the information contained in the approved Signage Proposal.

Landlord shall review the Sign Plans within thirty (30) days after Landlord's receipt of the same.

C. Upon Tenant's receipt of its sign permit from Landlord, Tenant s hall construct
and/or install all signage shown on the Sign Plans; in any event, however, Tenant shall complete such construction and/or installation not later than thirty (30) days after the sign permit is issued, unless otherwise agreed to by the City in writing.

D. Upon Landlord's request, Tenant immediately shall remove any signage that Tenant has placed or permitted to be placed in, on or about the Premises or Building contrary to the terms of this Section 32. If Tenant fails to do so, Landlord may enter upon the Premises and remove the same at Tenant's expense. Tenant, at its sole expense, shall maintain and replace all approved signage and shall repair, at its sole expense, any damage to the Building caused by the erection, maintenance or removal of any signage, including any damage caused by Tenant's removal of its signage at the expiration or earlier termination of the Lease. Tenant also shall comply with such regulations as may from time to time be promulgated by Landlord governing the signage of all tenants in James Kenney Park.

33. NO

PARTNERSHIP

32 It is expressly understood and agreed that Landlord shall not be deemed in any way or for any purpose a partner, agent or principal of Tenant, in the conduct of its business or otherwise, or a joint venture or member of a joint enterprise with Tenant.

34. NO WAIVER

Landlord's waiver of Tenant's breach of any covenant or condition shall not be deemed a w
aiver of any subsequent breach of the same or any other covenant or condition, nor shall any custom or practice which may develop between the parties in the administration of the terms hereof be construed to waive or to lessen the right of Landlord to insist upon Tenant's performance in strict accordance with the terms of this Lease.

35. NO
TICES

All notices, demands, consents or approvals which may or are required to be given by e
ither party shall be in writing and shall be deemed to have been received when delivered personally or on
the earlier of the date of actual receipt or two (2) business days following deposit in the United States mail, registered or certified, postage prepaid, addressed as follows:

To Tenant: BAHIA

1718 8th Street
Berkeley, CA 94710

To Landlord: Parks, Recreation & Waterfront
City of Berkeley
2180 Milvia Street, 3 rd Floor
Berkeley, CA 94704

With copy to: City Manager

City of Berkeley
2180 Milvia Street, 5th Floor
Berkeley, CA 94704

Notices to Landlord regarding Hazardous Substances required by Section 21 hereof shall be sent both to the above addresses and to such other place as either party may from time to time designate in a written notice to the other party, or in the case of Tenant, delivered to the Premises.

Tenant will appoint an agent to receive the service of all proceedings, demands, and notices hereunder the person in charge of or occupying the Premises at the time. If no person shall be in charge of or occupying the same, then such service may be made by attaching the same on the main entrance of the Premises

33 36. COMPLETE AGREEMENT

This Lease is intended by the parties as the final expression of their agreement with r
espect to such terms as are included herein and may not be contradicted by evidence of any prior or contemporaneous ag
reement. The parties further intend that this Lease constitutes the complete and exclusive statement of its terms, and no extrinsic evidence whatsoever may be introduced in any judicial or other proceeding involving this Lease. The language and all parts of this Lease shall be construed as a whole and in accordance with its fair meaning and not restricted for or against either party. This Lease may be modified or amended only by a written instrument signed by both parties.

37. REQUESTS FOR CONSENT; WAIVER OF CLAIM

Tenant hereby waives any claim for damages against Landlord that it may have based upon a
ny assertion that Landlord unreasonably has withheld or has delayed any consent or approval, and Tenant's sole remedy shall be an action for specific performance of such provision, injunction or declaratory judgment. In the event of a final determination in Tenant's favor, the requested consent or approval shall be deemed to have been granted.

38. I

NTERPRETATION

The use of masculine, feminine, or neuter genders shall include the other genders, and the s
ingular shall include the plural and vice-versa. Headings are intended for convenience only and shall not be referred to in construing any provision. If there is more than one party as Tenant, the obligations imposed upon Tenant shall be joint and several. If any provision(s) of this Lease shall be found, to any extent, to be invalid or unenforceable the remainder of the Lease shall not be affected thereby.

39. S

UCCESSORS AND ASSIGNS

This Lease shall be binding upon and shall inure to the benefit of Landlord, its successors and assigns, and shall be binding upon and shall inure to the benefit of Tenant, its heirs, successors and (to the extent assignment may be permitted hereunder) assigns.

40. AUT
HORITY

If Tenant is a corporation or partnership, each of the persons executing this Lease on be
half of Tenant covenants and warrants that Tenant is a duly authorized and existing corporation or partnership, that Tenant has and is qualified to do busine ss in California, that
Tenant has full right and authority to enter into this Lease and that each person signing on behalf of Tenant is authorized to do so.

41. UNAVO

IDABLE DELAYS

34 A. In the event that Tenant or Landlord is delayed, directly or indirectly, from the performance of any act or thing required to be done or performed under the terms or conditions hereof by acts of the other party to this Lease, acts of God, fire, floods, inclement weather, unavoidable governmental action, strikes or labor difficulties of any and all kinds, shortages of or delay in the delivery of materials, acts of war, riot and civil commotion, or by any other cause beyond the reasonable control of Tenant or Landlord, as the case may be, such failure shall not be deemed to be a breach of this Lease or a violation of any such covenants or conditions and the time within which Tenant or Landlord must perform any such act shall be extended by a period of time equal to the period of delay arising from any of such causes.

B. Notwithstanding any provision of this Section 41 or any other provision of this Lease to the contrary, it is understood and agreed that there shall be no abatement of, or delay in the commencement of, or payment of any sum due to Landlord under this Lease.

42. TI

ME OF THE ESSENCE

Time is of the essence of each and every covenant and condition of this Lease.

43. B

ROKERAGE

Landlord and Tenant hereby represent and warrant, each to the other, that they have not d
isclosed this Lease or the subject matter hereof t
o, and have not otherwise dealt with, any
broker, finder or any other person, firm, corporation or other legal entity so as to create any legal right or claim of whatsoever kind or nature for a commission or similar fee or compensation with respect to the Premises or this Lease. Landlord and Tenant hereby indemnify each other against, and agree to hold each other harmless from, any liability or claim (and all expenses, including attorneys' fees, incurred in defending any such claim or in enforcing this indemnity) for a real estate brokerage commission or similar fee or compensation arising out of or in any way connected with any claimed dealings with the indemnitor and relating to the Premises or this Lease.

44. CI

TY NON- DISCRIMINATION ORDINANCE

A. T enant
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 Lease, Tenant agrees as follows:

1. Tenant 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.

2. Tenant shall permit Landlord 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 Landlord, are necessary to monitor compliance

35 with this non-discrimination provision. In addition, Tenant shall fill out, in a timely fashion, forms supplied by Landlord to monitor this non-discrimination provision.

B. Tenant understands that this Lease is governed by City Council Resolution No. 58,664 – N.S. This resolution, as may be amended from time, stipulates that Tenant's membership policies may be reviewed by the City for compliance therewith at any time, and that unsatisfactory membership policies may result in non-renewal of this Lease or termination by the City.

45. N ON-DI

SCRIMINATION AGAINST PERSONS WITH DISABILITIES

A.

If Tenant provides any aid, service or benefit to others on the Landlord’s behalf, Tenant 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. Tenant 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 Landlord.

B. If Tenant is or becomes a "public accommodation" as defined in Title II I of the Americans with Disabilities Act of 1990, Tenant 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 Tenant. All of Tenant's activities must be in accordance with these laws, ordinances, codes, and regulations, and Tenant shall be solely responsible for complying therewith.

46. C

ONFLICT 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 Tenant nor any employee, officer, director, partner or member of Tenant, or immediate family member of any of the preceding, shall have served as an elected officer, an employee, or a board, a committee or commission member of Landlord, who has directly or indirectly influenced the making of this Lease.

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 Tenant, or immediate family member of any of the preceding, shall make or participate in a decision made by Landlord or any of its boards, commissions or committees, if it is reasonably foreseeable that the decision will have a material effect on any source of income, investment or interest in real property of that person or Tenant, except to the extent permitted by 2 California Code of Regulations, Section 18700(c)(2).

36 C. Interpretation of this S ection shall be governed by the definitions and provisions used 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.

47. N

UCLEAR FREE BERKELEY

Tenant agrees to comply with B.M.C. Chapter 12.90, the Nuclear Free Berkeley Act, as a
mended from time to time.

48. OPPRESSIVE STATES

A. In accordance with Resolution No. 59,853 – N.S., Tenant certifies that it has no co
ntractual relations with, and agrees during the term of this Lease to forego contractual relations to provide personal services to, the following entities:

1. T
he governing regime in any Oppressive State.

2. Any business or corporation organized under the authority of the governing regime of any Oppressive State.

3. 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 Lease) 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 Lease, the Tibet Autonomous Region and the provinces of Ado, Kham, and U-Tsang shall be deemed oppressive states.

C. Tenant’s failure to comply with this Section shall constitute a default of this Lease and Landlord may terminate this Lease pursuant to Section 19. In the event that Landlord terminates this Lease due to a default under this provision, Landlord may deem Tenant a non- responsible bidder for five (5) years from the date this Lease is terminated.

49. B

ERKELEY LIVING WAGE ORDINANCE (LWO)

A. Tenant agrees to comply with Berkeley Municipal Code Chapter 13.27, the Berkeley Living Wage Ordinance (LWO). If Tenant employs six (6) or more part-time or full- time
employees, and generates $350,000 or more in annual gross receipts, Tenant will be required to provide all eligible employees with City mandated minimum compensation during the term of this lease, as defined in B.M.C. Chapter 13.27, and well as comply with the terms enumerated herein.

B. Tenant shall be required to maintain all reasonable records and documents that would establish whether Tenant is subject to Berkeley's Living Wage Ordinance. If Tenant is

37 subject to the LWO, as defined therein, Tenant shall be further required to maintain monthly records of those employees located on the leased premises. These records shall include the total number of hours worked, the number of hours spent providing service on the leased Premises, the hourly rate paid, and the amount paid by Tenant for health benefits, if any, for each of its employees providing services under the lease. The records described in this Section shall be made available upon the City's request. The failure to produce these records upon demand shall be considered a default, subject to the provisions contained in Section 19 herein.

C. If Tenant is subject to the LWO, Tenant shall include the requirements of the ordinance, as defined in B.M.C. Chapter 13.27, in any and all subleases in which Tenant enters with regard to the subject premises. Subtenants shall be required to comply with this ordinance with regard to any employees who spend 25% or more of their compensated time on the leased Premises.

D. If Tenant fails to comply with the requirements of this the LWO and this lease, the City shall have the rights and remedies described in this Section, in addition to any rights and remedies provided by law or equity.

Tenant's failure to comply with this Section shall constitute default of the lease, upon which City may terminate this lease pursuant to Section 19.

In addition, at City's sole discretion, Tenant may be responsible for liquidated damages in the amount of $50 per employee per day for each and every instance of an underpayment to an employee. It is mutually understood and agreed that Tenant's failure to pay all of its eligible employees at least the applicable living wage rate will result in damages being sustained by the City; that the nature and amount of the damages will be extremely difficult and impractical to fix; that the liquidated damages set forth herein is the nearest and most exact measure of damage for such breach that can be fixed at this time; and that the liquidated damage amount is not intended as a penalty of forfeiture for Tenant's breach.

50. BER

KELEY EQUAL BENEFITS ORDINANCE (EBO)

A. Tenant hereby agrees to comply with the provisions of the Berkeley Equal Benefits Ordinance, B.M.C. Chapter 13.29. If Tenant is currently subject to the Berkeley Equal Benefits Ordinance, Tenant will be required to provide all eligible e mployees with City
mandated equal benefits during the term of this lease, as defined in B.M.C. Chapter 13.29, as well as comply with the terms enumerated herein.

B. If Tenant is currently or becomes subject to the Berkeley Equal Benefits Ordinance, Tenant agrees to supply the City with any records the City deems necessary to determine compliance with this provision. Failure to do so shall be a considered a default, subject to the provisions of Section 19 of this lease.

C. If Tenant fails to comply with the requirements of this Section, City shall have the

38 rights and remedies described in this Section, in addition to any rights and remedies provided by law or equity.

Tenant’s failure to comply with this Section shall constitute default of the lease, upon which City may terminate this lease pursuant to Section 20.

In addition, at City’s sole discretion, Tenant may be responsible for liquidated damages in the amount of $50.00 per employee per day for each and every instance of violation of this Section. It is mutually understood and agreed that Tenant’s failure to provide its employees with equal benefits will result in damages being sustained by City; that the nature and amount of these damages will be extremely difficult and impractical to fix; that the liquidated damages set forth herein is the nearest and most exact measure of damages for such breach that can be fixed at this time; and that the liquidated damage amount is not intended as a penalty or forfeiture for Tenant’s breach.

51. BERKELEY SANCTUARY CITY ORDINANCE

Tenant hereby agrees to comply with the provisions of the Sanctuary City Contracting Ordinance, B.M.C. Chapter 13.105. In accordance with this Chapter, Tenant 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.

52. AUDIT

Pursuant to Section 61 of the Berkeley City Charter, the City Auditor's Office, or its de
signee, may conduct an audit of Tenant's f
inancial, performance and compliance records
maintained in connection with the operations and services performed under this Lease, and with the payments made under this Lease. In the event of such audit, Tenant agrees to make all such financial, performance and compliance records available to the Auditor's Office, or to its designee. City agrees to provide Tenant an opportunity to discuss and respond to any findings before a final audit report is filed.

39 53. CI TY BUSINESS L ICENSE, PAYMENT OF TAXES, TAX I.D. NUMBER

Tenant has obtained a City business license as required by B.M.C. Chapter 9.04, and its l
icense number is written below; or, Tenant is exempt from the provisions of B.M.C. Chapter

9.04 and has written below the specific B.M.C. section under whic h it is exempt. Tenant shall
pay all state and federal income taxes and any other taxes lawfully assessed and due. Tenant certifies under penalty of perjury that the taxpayer identification number written below is correct.

54. S

URVIVAL

The provisions of this Lease and obligations of Tenant, that by their nature, are to be performed a
fter or are to survive termination of this Lease shall survive such termination.

55. EXHIBITS

Exhibits A and B, and any other exhibit, addendum or schedule referenced in this Lease are
made a part hereof by this reference.

40 IN WITNESS WHEREOF, the parties hereto have executed this Lease at Berkeley, California effective as of the Effective Date.

LANDLORD:

CITY OF BERKELEY
A municipal corporation

By: __________________

City Manager Date

Approved as to form: Registered by:

___________________ __________

City Attorney Date City Auditor Date

Attest:

_______________________

City Clerk Date

TENANT:

BAY AREA HISPANO INSTITUTE FOR ADVANCEMENT (BAHIA) INC.

A non-profit organization

By: _________________________________

Martha Melgoza, Executive Director Date

TENANT INFORMATION

Tax Identification No.

Incorporated: Yes No
Certified Woman Business Enterprise: Yes____ No X
Certified Minority Business Enterprise: Yes ____ No X
Certified Disadvantaged Business Enterprise: Yes No City Business License No. ___________, or Exempt pursuant to B.M.C. Section ________

6/27/22, 3:35 PM 1718 Eighth St - Google Maps
https://www.google.com/maps/place/1718+Eighth+St,+Berkeley,+CA+94710/@37.8720999,-122.2968883,110m/data=!3m1!1e3!4m5!3m4!1s0x80857ec49a806e2d:0x95beaa4e406d45b8!8m2!3d37.872… 1/1 Imagery ©2022 Maxar Technologies, Map data ©2022 20 ft
1718 Eighth St
Exhibit “A”
Leased Premises: Lease building
Leased exterior - outdoor fenced play area
non-exclusive use, common area shared with James Kenney Park Outdoor play area
+/- 3,700 sq ft
1718 8th Street
+/- 4,500 sq ft
Common Area
+/- 1,600 sq ft

Schedule of Improvements and Maintenance 2023-2038
BAHIA Inc.

Date What/Location Description Estimated Cost
2023 Fence around exterior play area Repair fence fabric $ 10,000 2024 Gate entry Adding gate entry at the northeast side of the Premises, between the Premises and the sidewalk $ 25,000 2028 Exterior building Repaint by year 5 $ 20,000 2028 Reading room stairs/room ADA improvements to amphitheater/reading room $ 22,000 2028 Electrical
Comprehensive inspection with an electrician and make
repairs as recommended. $ 10,000
2038 Exterior building Repaint by year 15 $ 20,000 2038 Electrical
Comprehensive inspection with an electrician and make
repairs as recommended. $ 10,000
by 2038 Stairs to loft area ADA access to loft area $ 32,000 by 2038 Roof Replace roof $ 70,000
TOTAL $ 219,000.00
Preventative Maintenance
Frequency What/Location Description
Quarterly Stairs & Railings Make sure that they are not loose Yearly General Building & Interior Test smoke and carbon monoxide detectors and change batteries
Monthly Interior Lights Check condition and look for any that might be broken, replaced bulbs as needed
Monthly General Building & Interior Conduct routine pest inspections and treatments Monthly Exterior Windows Check condition and look for any that might be broken Yearly (Fall) Roof & Gutters Clean debris from roof and gutters. Check condition of roof Ongoing Painting Check for condition of exterior/interior paint or siding Ongoing Painting Graffiti abatement as needed
Yearly Electrical Look for loose wires or fixtures. You will want to schedule a more comprehensive inspection with an electrician.

Monthly Plumbing Check for leaks, signs of water damage and loose fixtures.

You will want a more complete inspection with a plumber.

Yearly Heating & Cooling Systems Check gas water heater and gas furnace. Change furnace filter. Clear cobwebs and dust from furnace prior to starting.

Monthly Heating & Cooling Systems Check sump pump
Ongoing Exterior Landscape Remove weeds, bamboo, or any other invasive plants growing beyond fenced area
Exhibit “B"

Schedule of Improvements and Maintenance 2023-2038
BAHIA Inc.

Date What/Location Description Estimated Cost
2023 Fence around exterior play area Repair fence fabric $ 10,000 2024 Gate entry Adding gate entry at the northeast side of the Premises, between the Premises and the sidewalk $ 25,000
2028 Exterior building Repaint by year 5 $ 20,000
2028 Reading room stairs/room ADA improvements to amphitheater/reading room $ 22,000 2028 Electrical
Comprehensive inspection with an electrician and make
repairs as recommended. $ 10,000
2038 Exterior building Repaint by year 15 $ 20,000
2038 Electrical
Comprehensive inspection with an electrician and make
repairs as recommended. $ 10,000
by 2038 Stairs to loft area ADA access to loft area $ 32,000 by 2038 Roof Replace roof $ 70,000
TOTAL $ 219,000.00
Preventative Maintenance
Frequency What/Location Description
Quarterly Stairs & Railings Make sure that they are not loose Yearly General Building & Interior Test smoke and carbon monoxide detectors and change batteries
Monthly Interior Lights Check condition and look for any that might be broken, replaced bulbs as needed
Monthly General Building & Interior Conduct routine pest inspections and treatments Monthly Exterior Windows Check condition and look for any that might be broken Yearly (Fall) Roof & Gutters Clean debris from roof and gutters. Check condition of roof Ongoing Painting Check for condition of exterior/interior paint or siding Ongoing Painting Graffiti abatement as needed
Yearly Electrical Look for loose wires or fixtures. You will want to schedule a more comprehensive inspection with an electrician.

Monthly Plumbing Check for leaks, signs of water damage and loose fixtures.

You will want a more complete inspection with a plumber.

Yearly Heating & Cooling Systems Check gas water heater and gas furnace. Change furnace filter. Clear cobwebs and dust from furnace prior to starting.

Monthly Heating & Cooling Systems Check sump pump
Ongoing Exterior Landscape Remove weeds, bamboo, or any other invasive plants growing beyond fenced area
Exhibit “B"
Exhibit B: Schedule of Improvements and MaintenancePage 46 of 46

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

CONSENT CALENDAR
January 17, 2023
To: Honorable Members of the City Council
From: Mayor Jesse Arreguín
Subject: Support for SB 4: Affordable Housing on Faith Lands Act

RECOMMENDATION
Adopt a Resolution in support of Senate Bill 4 with amendments, the Affordable Housing on Faith Lands Act, introduced by Senator Scott Weiner. Send a copy of the Resolution to Governor Gavin Newsom, State Senators Nancy Skinner and Scott Weiner, and Assemblymember Buffy Wicks.

BACKGROUND
Development of new affordable housing is essential for meeting our goals of creating a more equitable and accessible city. In a 2020 community survey, 80% of respondents said that affordable housing and homeless services are either extremely or very important. Under the 2023-2031 Regional Housing Needs Allocation (RHNA) cycle, almost 9,000 units of housing is needed to be constructed in Berkeley, with almost 4,000 of those available to those at low and very low-income levels. Despite the need and desire to create affordable housing, restrictive zoning rules, bureaucratic regulations, and increased construction costs have made it increasingly difficult to identify and finance such development. Under the draft Housing Element for the City of Berkeley, infill developments will play a key role in meeting RHNA numbers.

A 2020 report by UC Berkeley’s Terner Center for Housing Innovation revealed that around 38,800 acres of land in California, or an area slightly larger than the City of Oakland, is used for religious purposes and potentially developable. Much of this land is located in urban counties and areas the State had identified as high resource opportunity areas. There is a growing trend of religious institutions wanting to develop lots owned by them into affordable housing, but are often met with barriers that significantly limit the size and scope of such developments or makes it financially infeasible altogether.

SB 4, the Affordable Housing on Faith Lands Act, introduced by State Senator Scott Weiner, would streamline the building process for religious institutions and independent institutions of higher education that want to build 100% affordable housing on their land.

Qualified proposals, as outlined in the bill, would be eligible for a use by right, and would require construction workers receive prevailing wages. However, to help increase opportunities for employment in the construction industry which is currently experiencing

Support SB 4 – Affordable Housing on Faith Lands Act CONSENT CALENDAR January 17, 2023

shortages, the bill should be amended to include apprenticeship and training programs at such projects.

Berkeley is home to an extensive number of religious institutions, with multiple examples of such organizations providing land to create affordable housing. In 2022, Jordan Court opened, providing 34 units of affordable housing for seniors, in partnership with All Souls Episcopal Parish. Also in 2022, a vacant eight unit apartment was renovated and converted into permanently affordable housing under the Small Sites Program, in partnership with the McGee Avenue Baptist Church, which owns the property. Two other projects currently under development that involve partnerships with local religious institutions. St. Paul Terrace, which will provide 49 units at 30-60% AMI near Ashby BART, will be built on land owned by the St. Paul African Methodist Episcopal Church. Another South Berkeley development, the Ephesian Legacy Court will provide 79 one-bedroom units at 30-60% AMI on land owned by the Ephesian Church of God in Christ. These projects, many of which are infill developments would not have been able to go forward without significant support from the City, including funding from Measures O and U1 and zoning changes to enable these developments to move forward.

FINANCIAL IMPLICATIONS
Not applicable.

ENVIRONMENTAL SUSTAINABILITY
Creating infill housing developments, especially in areas near public transit, is a vital goal of the Berkeley Climate Action Plan, as it will help reduce greenhouse gas emissions from transportation, which remains a significant source of the City’s emissions.

CONTACT PERSON
Mayor Jesse Arreguín 510-981-7100
Attachments:
1: Resolution
2: Text of SB 4

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

IN SUPPORT OF SB 4 – THE AFFORDABLE HOUSING ON FAITH LANDS ACT WHEREAS, development of new affordable housing is essential for meeting our goals of creating a more equitable and accessible city; and
WHEREAS, 38,800 acres of land across California, an area slightly larger than the City of Oakland, is used for religious purposes and potentially developable; and WHEREAS, despite the need and desire to create affordable housing, restrictive zoning rules, bureaucratic regulations, and increased construction costs have made it increasingly difficult to identify and finance such development; and WHEREAS, under the 2023-2031 Regional Housing Needs Allocation (RHNA) cycle, almost 9,000 units of housing is needed to be constructed in Berkeley, with almost 4,000 of those available to those at low and very low-income levels; and WHEREAS, under the draft Housing Element for the City of Berkeley, infill developments will play a key role in meeting RHNA numbers; and
WHEREAS, Berkeley is home to many religious institutions, with multiple examples of such organizations providing land to create affordable housing with City support, with 42 units being created in 2022 and 128 units in the pipeline; and WHEREAS, creating policies that streamline the creation of affordable housing on lots owned by religious institutions will make it easier to meet RHNA goals and create opportunities for low-income families to live in Berkeley; and WHEREAS, SB 4, the Affordable Housing on Faith Lands Act, introduced by State Senator Scott Weiner, would streamline the building process for religious institutions and independent institutions of higher education that want to build 100% affordable housing on their land; and
WHEREAS, qualified proposals, as outlined in the bill, would be eligible for a use by right, and would require construction workers receive prevailing wages.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that it hereby supports SB 4 with an amendment to include apprenticeship and training programs.

BE IT FURTHER RESOLVED that copies of the Resolution be sent to Governor Gavin Newsom, State Senators Nancy Skinner and Scott Weiner, and Assemblymember Buffy Wicks.

SENATE BILL No. 4
Introduced by Senator Wiener
(Principal coauthor: Assembly Member Wicks)
(Coauthors: Senators Eggman and Gonzalez)
(Coauthors: Assembly Members Gabriel, McKinnor, and Ward) December 5, 2022
An act to add Section 65913.16 to the Government Code, relating to housing.
legislative counsel’s digest
SB 4, as introduced, Wiener. Planning and zoning: housing development: higher education institutions and religious institutions.

The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for its physical development, and the development of certain lands outside its boundaries, that includes, among other mandatory elements, a housing element. That law allows a development proponent to submit an application for a development that is subject to a specified streamlined, ministerial approval process not subject to a conditional use permit, if the development satisfies certain objective planning standards.

Existing law, the Zenovich-Moscone-Chacon Housing and Home Finance Act, establishes the California Tax Credit Allocation Committee within the Department of Housing and Community Development.

Existing law requires the committee to allocate state low-income housing tax credits in conformity with state and federal law that establishes a maximum rent that may be charged to a tenant for a project unit constructed using low-income housing tax credits.

This bill would require that a housing development project be a use by right upon the request of an applicant who submits an application for streamlined approval, on any land owned by an independent

99

institution of higher education or religious institution on or before January 1, 2024, if the development satisfies specified criteria, including that the development is not adjoined to any site where more than one-third of the square footage on the site is dedicated to industrial use.

The bill would define various terms for these purposes. Among other things, the bill would require that 100% of the units, exclusive of manager units, in a housing development project eligible for approval as a use by right under these provisions be affordable to lower income households, except that 20% of the units may be for moderate-income households, provided that all of the units are provided at affordable rent, as set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee, or affordable housing cost, as specified. The bill would authorize the development to include ancillary uses on the ground floor of the development, as specified.

This bill would specify that a housing development project that is eligible for approval as a use by right under the bill is also eligible for a density bonus or other incentives or concessions, except as specified.

The bill would require a development subject to these provisions to provide off-street parking of up to one space per unit, unless a local ordinance provides for a lower standard of parking, in which case the ordinance applies. The bill would prohibit a local government from imposing any parking requirement on a development subject to these provisions if the development is located within one-half mile walking distance of a high-quality transit corridor or major transit stop, as those terms are defined, and within one block of a car share vehicle.

This bill would require a local government that determines a proposed development is in conflict with any objective planning standards, as specified, to provide the developer with written documentation explaining those conflicts under a specified timeframe. The bill would require a local government to approve a development if the local government fails to provide the requisite documentation explaining any conflicts. The bill would authorize a local government to conduct a design review, as described, only if the design review focuses on compliance with the requisite criteria of a streamlined, ministerial review process. The bill would prohibit a local government from using a design review, as specified, from inhibiting, chilling, or precluding a streamlined, ministerial approval. The bill would require a local government to issue a subsequent permit for developments approved under the provisions of this act.
99 — 2 — SB 4

The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA does not apply to the ministerial approval of projects.

This bill, by requiring approval of certain development projects as a use by right, would expand the exemption for ministerial approval of projects under CEQA.

By adding to the duties of local planning officials with respect to approving certain development projects, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.

Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.

Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

V ote: majority. Appropriation: no. Fiscal committee: yes.​ State-mandated local program: yes.​
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 65913.16 is added to the Government line 2 Code , to read:
line 3 65913.16. (a)   For purposes of this section:
line 4 (1)   “Applicant” means a qualified developer who submits an line 5 application for streamlined approval pursuant to this section. line 6 (2)   “Independent institution of higher education” has the same line 7 meaning as defined in Section 66010 of the Education Code. line 8 (3)  “Local government” means a city, county, or city and county, line 9 whether general law or chartered.
99 SB 4 — 3 —

line 1 (4)   “Qualified developer” means any of the following:
line 2 (A)   A local public entity, as defined in Section 50079 of the line 3 Health and Safety Code.
line 4 (B)   (i)  A developer that is a nonprofit corporation, a limited line 5 partnership in which the managing general partner is a nonprofit line 6 corporation, or a limited liability company in which the managing line 7 member is a nonprofit corporation.
line 8 (ii)   The developer, at the time of submission of an application line 9 for development pursuant to this section, owns or manages housing line 10 units located on property that is exempt from taxation pursuant to line 11 the welfare exemption established in subdivision (a) of Section line 12 214 of the Revenue and Taxation Code.
line 13 (C)   A developer that contracts with a nonprofit corporation that line 14 has received a welfare exemption under Section 214.15 of the line 15 Revenue and Taxation Code for properties intended to be sold to line 16 low-income families with financing in the form of zero interest line 17 rate loans.
line 18 (5)   “Religious institution” means an institution owned, line 19 controlled, and operated and maintained by a bona fide church, line 20 religious denomination, or religious organization composed of line 21 multidenominational members of the same well-recognized line 22 religion, lawfully operating as a nonprofit religious corporation line 23 pursuant to Part 4 (commencing with Section 9110) of Division 2 line 24 of Title 1 of the Corporations Code.
line 25 (6)   “Use by right” means that the local government’s review of line 26 the development project under this section may not require a line 27 conditional use permit, planned unit development permit, or other line 28 discretionary local government review or approval that would line 29 constitute a “project” for purposes of Division 13 (commencing line 30 with Section 21000) of the Public Resources Code. Any subdivision line 31 of the sites shall be subject to all laws, including, but not limited line 32 to, the local government ordinance implementing the Subdivision line 33 Map Act (Division 2 (commencing with Section 66410)). line 34 (b)   Notwithstanding any inconsistent provision of a local line 35 government’s general plan, specific plan, zoning ordinance, or line 36 regulation, upon the request of an applicant, a housing development line 37 project shall be a use by right, if all of the following criteria are line 38 satisfied:
line 39 (1)   The development is located on land owned on or before line 40 January 1, 2024, by an independent institution of higher education 99 — 4 — SB 4

line 1 or a religious institution, including ownership through an affiliated line 2 nonprofit public benefit corporation organized pursuant to the line 3 Nonprofit Corporation Law (Part 2 (commencing with Section line 4 5110) of Division 2 of Title 1 of the Corporations Code). line 5 (2)   The development is located on a parcel that satisfies the line 6 requirements specified in subparagraphs (A) and (B) of paragraph line 7 (2) of subdivision (a) of Section 65913.4.
line 8 (3)   The development is located on a parcel that satisfies the line 9 requirements specified in subparagraphs (B) to (K), inclusive, of line 10 paragraph (6) of subdivision (a) of Section 65913.4. line 11 (4)   The development is located on a parcel that satisfies the line 12 requirements specified in paragraph (7) of subdivision (a) of line 13 Section 65913.4.
line 14 (5)   The development is not adjoined to any site where more line 15 than one-third of the square footage on the site is dedicated to line 16 industrial use. For purposes of this subdivision, parcels separated line 17 by only a street or highway shall be considered to be adjoined. line 18 (6)   The development project is located on a site that is line 19 one-quarter acre in size or greater.
line 20 (7)  One hundred percent of the development project’s total units, line 21 exclusive of a manager’s unit or units, are for lower income line 22 households, as defined by Section 50079.5 of the Health and Safety line 23 Code, except that up to 20 percent of the total units in the line 24 development may be for moderate-income households, as defined line 25 in Section 50053 of the Health and Safety Code. Units in the line 26 development shall be offered at affordable housing cost, as defined line 27 in Section 50052.5 of the Health and Safety Code, or at affordable line 28 rent, as set in an amount consistent with the rent limits established line 29 by the California Tax Credit Allocation Committee. The rent or line 30 sales price for a moderate-income unit shall also be at least 20 line 31 percent below the market rate for a unit of similar size and bedroom line 32 count in the same ZIP Code in the city, county, or city and county line 33 in which the housing development is located. The applicant shall line 34 provide the city, county, or city and county with evidence to line 35 establish that the units meet the requirements of this paragraph. line 36 All units, exclusive of any manager unit or units, shall be subject line 37 to a recorded deed restriction as provided in this paragraph for at line 38 least the following periods of time:
line 39 (A)   Fifty-five years for units that are rented. However, the local line 40 government may require that the rental units in the housing 99 SB 4 — 5 —

line 1 development project be restricted to lower income and line 2 moderate-income households for a longer period of time if that line 3 restriction is consistent with all applicable regulatory requirements line 4 for state assistance.
line 5 (B)  Forty-five years for units that are owner occupied. However, line 6 the local government may require that owner-occupied units in line 7 the housing development project be restricted to lower income and line 8 moderate-income households for a longer period of time if that line 9 restriction is consistent with all applicable regulatory requirements line 10 for state assistance.
line 11 (8)   The development project complies with all objective line 12 development standards of the city or county that are not in conflict line 13 with this section.
line 14 (9)   If the housing development project requires the demolition line 15 of existing residential dwelling units, the applicant shall comply line 16 with subdivision (d) of Section 66300, as that section read as of line 17 January 1, 2024.
line 18 (10)   The applicant certifies to the local government that either line 19 of the following is true for the housing development project, as line 20 applicable:
line 21 (A)   The entirety of the development project is a public work line 22 for purposes of Chapter 1 (commencing with Section 1720) of Part line 23 7 of Division 2 of the Labor Code.
line 24 (B)   A development that contains more than 10 units and is not line 25 in its entirety a public work for purposes of Chapter 1 (commencing line 26 with Section 1720) of Part 7 of Division 2 of the Labor Code and line 27 approved by a local government pursuant to Article 2 (commencing line 28 with Section 65912.110) of, or Article 3 (commencing with Section line 29 65912.120) of, Chapter 4.1 shall be subject to all of the following:
line 30 (i)   All construction workers employed in the execution of the line 31 development shall be paid at least the general prevailing rate of line 32 per diem wages for the type of work and geographic area, as line 33 determined by the Director of Industrial Relations pursuant to line 34 Sections 1773 and 1773.9 of the Labor Code, except that line 35 apprentices registered in programs provided by the Chief of the line 36 Division of Apprenticeship Standards may be paid at least the line 37 applicable apprentice prevailing rate.
line 38 (ii)   The development proponent shall ensure that the prevailing line 39 wage requirement is included in all contracts for the performance 99 — 6 — SB 4

line 1 of the work for those portions of the development that are not a line 2 public work.
line 3 (iii)   All contractors and subcontractors for those portions of the line 4 development that are not a public work shall comply with both of line 5 the following:
line 6 (I)   Pay to all construction workers employed in the execution line 7 of the work at least the general prevailing rate of per diem wages, line 8 except that apprentices registered in the programs approved by the line 9 Chief of the Division of Apprenticeship Standards may be paid at line 10 least the applicable apprentice prevailing rate. line 11 (II)   Maintain and verify payroll records pursuant to Section line 12 1776 of the Labor Code and make those records available for line 13 inspection and copying as provided in that section. This line 14 subparagraph does not apply if all contractors and subcontractors line 15 performing work on the development are subject to a project labor line 16 agreement that requires the payment of prevailing wages to all line 17 construction workers employed in the execution of the development line 18 and provides for enforcement of that obligation through an line 19 arbitration procedure. For purposes of this subparagraph, “project line 20 labor agreement” has the same meaning as set forth in paragraph line 21 (1) of subdivision (b) of Section 2500 of the Public Contract Code. line 22 (c)   (1)  The obligation of the contractors and subcontractors to line 23 pay prevailing wages pursuant to this section may be enforced by line 24 any of the following:
line 25 (A)   The Labor Commissioner, through the issuance of a civil line 26 wage and penalty assessment pursuant to Section 1741 of the Labor line 27 Code, that may be reviewed pursuant to Section 1742 of the Labor line 28 Code, within 18 months after the completion of the development. line 29 (B)   An underpaid worker through an administrative complaint line 30 or civil action.
line 31 (C)   A joint labor-management committee through a civil action line 32 pursuant to Section 1771.2 of the Labor Code.
line 33 (2)   If a civil wage and penalty assessment is issued pursuant to line 34 this section, the contractor, subcontractor, and surety on a bond or line 35 bonds issued to secure the payment of wages covered by the line 36 assessment shall be liable for liquidated damages pursuant to line 37 Section 1742.1 of the Labor Code.
line 38 (3)   This subdivision does not apply if all contractors and line 39 subcontractors performing work on the development are subject line 40 to a project labor agreement that requires the payment of prevailing 99 SB 4 — 7 —

line 1 wages to all construction workers employed in the execution of line 2 the development and provides for enforcement of that obligation line 3 through an arbitration procedure. For purposes of this subdivision, line 4 “project labor agreement” has the same meaning as set forth in line 5 paragraph (1) of subdivision (b) of Section 2500 of the Public line 6 Contract Code.
line 7 (d)   Notwithstanding subdivision (c) of Section 1773.1 of the line 8 Labor Code, the requirement that employer payments not reduce line 9 the obligation to pay the hourly straight time or overtime wages line 10 found to be prevailing does not apply to those portions of a line 11 development that are not a public work if otherwise provided in a line 12 bona fide collective bargaining agreement covering the worker. line 13 (e)   The requirement of this section to pay at least the general line 14 prevailing rate of per diem wages does not preclude use of an line 15 alternative workweek schedule adopted pursuant to Section 511 line 16 or 514 of the Labor Code.
line 17 (f)   In addition to the requirements of Section 65912.130, a line 18 development of 50 or more housing units approved by a local line 19 government pursuant to Article 2 (commencing with Section line 20 65912.110) of, or Article 3 (commencing with Section 65912.120) line 21 of, Chapter 4.1 shall meet all of the following labor standards:
line 22 (1)   The development proponent shall require in contracts with line 23 construction contractors and shall certify to the local government line 24 that each contractor of any tier who will employ construction craft line 25 employees or will let each subcontracts for at least 1,000 hours line 26 shall satisfy the requirements in paragraphs (2) and (3). A line 27 construction contractor is deemed in compliance with paragraphs line 28 (2) and (3) if it is signatory to a valid collective bargaining line 29 agreement that requires use of registered apprentices and line 30 expenditures on health care for employees and dependents. line 31 (2)   A contractor with construction craft employees shall either line 32 participate in an apprenticeship program approved by the Division line 33 of Apprenticeship Standards pursuant to Section 3075 of the Labor line 34 Code, or request the dispatch of apprentices from a state-approved line 35 apprenticeship program under the terms and conditions set forth line 36 in Section 1777.5 of the Labor Code. A contractor without line 37 construction craft employees shall show a contractual obligation line 38 that its subcontractors comply with this subdivision. line 39 (3)   Each contractor with construction craft employees shall line 40 make health care expenditures for each employee in an amount 99 — 8 — SB 4

line 1 per hour worked on the development equivalent to at least the line 2 hourly pro rata cost of a Covered California Platinum-level plan line 3 for two 40 years of age and two dependents 0 to 14 years of age line 4 for the Covered California rating area in which the development line 5 is located. A contractor without craft employees shall show a line 6 contractual obligation that its subcontractors comply with this line 7 subdivision. Qualifying expenditures shall be credited toward line 8 compliance with prevailing wage payment requirements set forth line 9 in Section 65912.130.
line 10 (4)   (A)  The development proponent shall provide to the local line 11 government, on a monthly basis while its construction contracts line 12 on the development are being performed, a report demonstrating line 13 compliance with paragraphs (2) and (3). The report shall be line 14 considered public records under the California Public Records Act line 15 (Division 10 (commending with Section 7920.000) of Title 1), and line 16 shall be open to public inspection.
line 17 (B)   A development proponent that fails to provide the monthly line 18 report shall be subject to a civil penalty for each month for which line 19 the report has not been provided, in the amount of 10 percent of line 20 the dollar value of construction work performed by that contractor line 21 on the development in the month in question, up to a maximum line 22 of ten thousand dollars ($10,000). Any contractor or subcontractor line 23 that fails to comply with paragraph (2) or (3) shall be subject to a line 24 civil penalty of two hundred dollars ($200) per day for each worker line 25 employed in contravention of paragraph (2) or (3). line 26 (C)   Penalties may be assessed by the Labor Commissioner line 27 within 18 months of completion of the development using the line 28 procedures for issuance of civil wage and penalty assessments line 29 specified in Section 1741 of the Labor Code, and may be reviewed line 30 pursuant to Section 1742 of the Labor Code. Penalties shall be line 31 deposited in the State Public Works Enforcement Fund established line 32 pursuant to Section 1771.3 of the Labor Code.
line 33 (5)   Each construction contractor shall maintain and verify line 34 payroll records pursuant to Section 1776 of the Labor Code. Each line 35 construction contractor shall submit payroll records directly to the line 36 Labor Commissioner at least monthly in a format prescribed by line 37 the Labor Commissioner in accordance with subparagraph (A) of line 38 paragraph (3) of subdivision (a) of Section 1771.4 of the Labor line 39 Code. The records shall include a statement of fringe benefits. line 40 Upon request by a joint labor-management cooperation committee 99 SB 4 — 9 —

line 1 established pursuant to the federal Labor Management Cooperation line 2 Act of 1978 (29 U.S.C. Sec. 175a), the records shall be provided line 3 pursuant to subdivision (e) of Section 1776 of the Labor Code. line 4 (6)   All construction contractors shall report any change in line 5 apprenticeship program participation or health care expenditures line 6 to the local government within 10 business days, and shall reflect line 7 those changes on the monthly report. The reports shall be line 8 considered public records pursuant to the California Public Records line 9 Act (Division 10 (commencing with Section 7920.000 of Title 1)) line 10 and shall be open to public inspection.
line 11 (7)  A joint labor-management cooperation committee established line 12 pursuant to the federal Labor Management Cooperation Act of line 13 1978 (29 U.S.C. Sec. 175a) shall have standing to sue a line 14 construction contractor for failure to make health care expenditures line 15 pursuant to subdivision (c) in accordance with Section 218.7 or line 16 218.8 of the Labor Code.
line 17 (g)   Notwithstanding any other provision of this section, a line 18 development project that is eligible for approval as a use by right line 19 pursuant to this section may include the following ancillary uses, line 20 provided that those uses are limited to the ground floor of the line 21 development:
line 22 (1)   In a single-family residential zone, ancillary uses shall be line 23 limited to uses that provide direct services to the residents of the line 24 development and have a community benefit, including childcare line 25 centers and community centers.
line 26 (2)  In all other zones, the development may include commercial line 27 uses that are permitted without a conditional use permit or planned line 28 unit development permit.
line 29 (h)   A housing development project that qualifies as a use by line 30 right pursuant to subdivision (b) shall be allowed the following line 31 density, as applicable:
line 32 (1)   (A)  If the development project is located in a zone that line 33 allows residential uses, the development project shall be allowed line 34 a density of the applicable density deemed appropriate to line 35 accommodate housing for lower income households identified in line 36 subparagraph (B) of paragraph (3) of subdivision (c) of Section line 37 65583.2.
line 38 (B)  If the local government allows for greater residential density line 39 on that parcel, or greater residential density or building heights on 99 — 10 — SB 4

line 1 an adjacent parcel, than permitted in subparagraph (A), the greater line 2 density or building height shall apply.
line 3 (C)   A housing development project that is located in a zone that line 4 allows residential uses shall be eligible for a density bonus or other line 5 incentives or concession pursuant to Section 65915. line 6 (2)   (A)  If the development project is located in a zone that does line 7 not allow residential uses, the development project shall be allowed line 8 a density of 40 units per acre and a height of one story above the line 9 maximum height otherwise applicable to the parcel. line 10 (B)  If the local government allows for greater residential density line 11 or building heights on that parcel, or an adjacent parcel, than line 12 permitted in subparagraph (A), the greater density or building line 13 height shall apply. A development project shall not use an line 14 incentive, waiver, or concession to increase the height of the line 15 development to greater than the height authorized under this line 16 subparagraph.
line 17 (C)   Except as provided in subparagraph (B) a housing line 18 development project that is located in a zone that does not allow line 19 residential uses shall be eligible for a density bonus or other line 20 incentives or concession pursuant to Section 65915. line 21 (i)   (1)  Except as provided in paragraph (2), the proposed line 22 development shall provide off-street parking of up to one space line 23 per unit, unless a local ordinance provides for a lower standard of line 24 parking, in which case the ordinance shall apply. line 25 (2)   A local government shall not impose a parking requirement line 26 if either of the following is true:
line 27 (A)   The parcel is located within one-half mile walking distance line 28 of public transit, either a high-quality transit corridor as defined line 29 in subdivision (b) of Section 21155 of the Public Resources Code line 30 or a major transit stop as defined in Section 21064.3 of the Public line 31 Resources Code.
line 32 (B)   There is a car share vehicle located within one block of the line 33 parcel.
line 34 (j)   (1)  If the local government determines that the proposed line 35 development is in conflict with any of the objective planning line 36 standards specified in this section, it shall provide the development line 37 proponent written documentation of which standard or standards line 38 the development conflicts with, and an explanation for the reason line 39 or reasons the development conflicts with that standard or line 40 standards, within the following timeframes:
99 SB 4 — 11 —

line 1 (A)   Within 60 days of submittal of the development proposal line 2 to the local government if the development contains 150 or fewer line 3 housing units.
line 4 (B)   Within 90 days of submittal of the development proposal line 5 to the local government if the development contains more than line 6 150 housing units.
line 7 (2)   If the local government fails to provide the required line 8 documentation pursuant to paragraph (1), the development shall line 9 be deemed to satisfy the required objective planning standards. line 10 (3)   For purposes of this section, a development is consistent line 11 with the objective planning standards if there is substantial line 12 evidence that would allow a reasonable person to conclude that line 13 the development is consistent with the objective planning standards. line 14 (4)   The determination of whether a proposed project submitted line 15 pursuant to this section is or is not in conflict with the objective line 16 planning standards is not a “project” as defined in Section 21065 line 17 of the Public Resources Code.
line 18 (5)   Design review of the development may be conducted by the line 19 local government’s planning commission or any equivalent board line 20 or commission responsible for review and approval of development line 21 projects, or the city council or board of supervisors, as appropriate. line 22 That design review shall be objective and be strictly focused on line 23 assessing compliance with criteria required for streamlined, line 24 ministerial review of projects, as well as any reasonable objective line 25 design standards published and adopted by ordinance or resolution line 26 by a local jurisdiction before submittal of the development to the line 27 local government, and shall be broadly applicable to developments line 28 within the jurisdiction. That design review shall be completed as line 29 follows and shall not in any way inhibit, chill, or preclude the line 30 ministerial approval provided by this section or its effect, as line 31 applicable:
line 32 (A)   Within 90 days of submittal of the development proposal line 33 to the local government pursuant to this section if the development line 34 contains 150 or fewer housing units.
line 35 (B)   Within 180 days of submittal of the development proposal line 36 to the local government pursuant to this section if the development line 37 contains more than 150 housing units.
line 38 (6)   The local government shall ensure that the project satisfies line 39 the requirements specified in subdivision (d) of Section 66300, 99 — 12 — SB 4

line 1 regardless of whether the development is within or not within an line 2 affected city or within or not within an affected county. line 3 (7)   If the development is consistent with all objective line 4 subdivision standards in the local subdivision ordinance, an line 5 application for a subdivision pursuant to the Subdivision Map Act line 6 (Division 2 (commencing with Section 66410)) shall be exempt line 7 from the requirements of the California Environmental Quality line 8 Act (Division 13 (commencing with Section 21000) of the Public line 9 Resources Code).
line 10 (8)   A local government’s approval of a development pursuant line 11 to this section shall, notwithstanding any other law, be subject to line 12 the expiration timeframes specified in subdivision (f) of Section line 13 65913.4.
line 14 (9)   Any proposed modifications to a development project line 15 approved pursuant to this section shall be undertaken pursuant to line 16 subdivision (g) of Section 65913.4.
line 17 (10)   A local government shall not adopt or impose any line 18 requirement, including, but not limited to, increased fees or line 19 inclusionary housing requirements, that applies to a project solely line 20 or partially on the basis that the project is eligible to receive line 21 streamlined, ministerial review pursuant to this section. line 22 (11)  A local government shall issue a subsequent permit required line 23 for a development approved under this section pursuant to line 24 paragraph (2) of subdivision (h) of Section 65913.4. line 25 (12)   A public improvement that is necessary to implement a line 26 development that is approved pursuant to this section shall be line 27 undertaken pursuant to paragraph (3) of subdivision (h) of Section line 28 65913.4.
line 29 (k)   The Legislature finds and declares that ensuring residential line 30 development at greater density on land owned by independent line 31 institutions of higher education and religious institutions is a matter line 32 of statewide concern and is not a municipal affair as that term is line 33 used in Section 5 of Article XI of the California Constitution. line 34 Therefore, this section applies to all cities, including charter cities. line 35 SEC. 2. No reimbursement is required by this act pursuant to line 36 Section 6 of Article XIIIB of the California Constitution because line 37 a local agency or school district has the authority to levy service line 38 charges, fees, or assessments sufficient to pay for the program or 99 SB 4 — 13 —

line 1 level of service mandated by this act, within the meaning of Section line 2 17556 of the Government Code.

O
99 — 14 — SB 4

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

CONSENT CALENDAR
January 17, 2023
To: Honorable Members of the City Council
From: Mayor Jesse Arreguín, Councilmember Susan Wengraf, and Councilmember Sophie Hahn
Subject: Twelfth Annual Martin Luther King Jr. Celebration: City Sponsorship and Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Fund

RECOMMENDATION

1. Adopt a Resolution retroactively co-sponsoring the 12th Annual Martin Luther King Jr.

Celebration Breakfast on January 16, 2023.

2. Adopt a Resolution approving the expenditure of an amount not to exceed $250 per Councilmember including $250 from Mayor Arreguin, to the Berkeley Rotary Endowment, the fiscal sponsor of the 12th Annual Martin Luther King Jr. celebration, with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Mayor Arreguin and any other Councilmembers who would like to contribute.

BACKGROUND
The annual Martin Luther King Jr Celebration, which first started in 2012, strives to bring together a diverse group of East Bay residents to celebrate and continue the work of Dr.

Martin Luther King Jr. The purpose of this event is to bring the faith based, business, university, youth and civic communities together to celebrate the life and dreams of Dr.

King and to honor adult and youth leaders in our community.

We are proposing that City Councilmembers make individual grants of up to $250 to the Berkeley Rotary Endowment to commemorate and honor Dr. Martin Luther King Jr. The event is being held on January 16, 2023.

FINANCIAL IMPLICATIONS
No General Fund impact; $250 is available from Mayor Arreguin’s Office Budget discretionary accounts.

ENVIRONMENTAL SUSTAINABILITY
There are no environmental impacts associated with the recommendations in this report.

11th Annual MLK Jr. Celebration CONSENT CALENDAR
January 17, 2023

CONTACT PERSON
Mayor Jesse Arreguín 510-981-7100
Attachments:
1: Resolution for City Sponsorship
2: Resolution for Council Expenditures

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

CITY SPONSORSHIP OF THE 12TH ANNUAL DR. MARTIN LUTHER KING JR.

CELEBRATION
WHEREAS, the Twelfth Annual Dr. Martin Luther King Jr. Celebration will take place on January 16, 2023; and
WHEREAS, the purpose of this event is to bring the faith based, business, university, youth and civic communities together to celebrate the life and dreams of Dr. King and to honor adult and youth leaders in our community; and
WHEREAS, historically the Berkeley City Council has generously provided sponsorship for this event.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City of Berkeley hereby co-sponsors the 12th Annual Dr. Martin Luther King Jr.

Celebration, has permission to use the City’s name and logo in the event’s promotional materials and signage naming the City of Berkeley as a co-sponsor solely for the purpose of the City indicating its endorsement of the event.

BE IT FURTHER RESOLVED that this co-sponsorship does not: (1) authorize financial support, whether in the form of fee waivers, a grant or provision of City services for free; (2) constitute the acceptance of any liability, management, or control on the part of the City for or over the MLK Jr Celebration; or (3) constitute regulatory approval of the event.

11th Annual MLK Jr. Celebration CONSENT CALENDAR
January 17, 2023

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

AUTHORIZING THE EXPENDITURE OF SURPLUS FUNDS FROM THE OFFICE

EXPENSE ACCOUNTS OF THE MAYOR AND COUNCILMEMBERS FOR A GRANT

TOPROVIDE PUBLIC SERVICES FOR A MUNICIPAL PUBLIC PURPOSE WHEREAS, Mayor Jesse Arreguin has surplus funds in his office expenditure account; and
WHEREAS, a California non-profit tax exempt corporation, the Berkeley Rotary Endowment, seeks funds in the amount of $250 to provide the following public services to publicly commemorate and honor the contributions of Dr. Martin Luther King Jr.; and
WHEREAS, the provision of such services would fulfill the following municipal public purpose of bringing the communities across the City, including, but not limited to faith based, business, university, youth and civic communities, together to celebrate the life and dreams of Dr. King and to honor adult and youth leaders in our community.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that funds relinquished by the Mayor and Councilmembers from their Council Office Budget up to $250 per office shall be granted to the Berkeley Rotary Endowment to fund the following services of bringing the communities across the City, including, but not limited to faith based, business, university, youth and civic communities, together to celebrate the life and dreams of Dr. King and to honor adult and youth leaders in our community.

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7100 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager Office of the Mayor

CONSENT CALENDAR
January 17, 2023
To: Honorable Members of the City Council
From: Mayor Jesse Arreguin
Subject: Amend Contract No. 32200161 with Community Development Partners to extend consulting work associated with Equitable Black Berkeley Initiative.

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32200161 with Community Development Partners (CDP) to add $75,000 to the existing ideation facilitator contract supporting the Equitable Black Berkeley Initiative for a total contact amount not to exceed $125,000 and extending the contract term to September 30, 2023.

FISCAL IMPACTS OF RECOMMENDATION
On November 29, 2022, City Council approved a resolution accepting a grant award of $75,000 from the San Francisco Foundation to renew the existing ideation facilitator contract with CDP supporting the Equitable Black Berkeley Initiative. The grant funds have been deposited and expensed from the One-Time Grant: No Capital Expenses Fund and will be appropriated in the First Amendment to the FY 2023 Annual Appropriations Ordinance.

CURRENT SITUATION AND ITS EFFECTS
On November 30, 2021, the City Council approved a $50,000 grant from the San Francisco Foundation (SFF) grant to support a six-month process to ideate increasing affordable housing at the North Berkeley and Ashby BART stations. SFF has increased the grant funding by $75,000 continuing the work of the part time consultant in creating a plan, in collaboration with the community and multiple partners, to secure the funding needed to meet the project goals of maximizing affordable housing at and around the Ashby and North Berkeley BART sites within a reparative framework. In addition, the consultant will assist the City in outreach with Berkeley Flea Market vendors and community members, regarding resources to support the Berkeley Flea Market currently and plans for its relocation at a new Adeline Plaza as part of the new transit oriented development at Ashby Station. City Council approved accepting the increased grant funding of $75,000 on November 29, 2022.

BACKGROUND
Equitable Black Berkeley is an innovative, replicable model to support equity, opportunity and the well-being of Berkeley’s Black community. It will underpin policies to repair harm, create financing vehicles to sustain community investment and ensure Black families

Amend contract with Community Development Partners CONSENT CALENDAR Continue consulting services for Equitable Black Berkeley Initiative January 17, 2023 have a right to stay, right to return, and right to own/build equity. EBB will help alleviate the housing crisis and create the conditions for the South Berkeley community to thrive.

The San Francisco Foundation grant will continue to provide support to the City in developing additional strategies for increasing financial support for greater affordability levels for the BART projects and engaging the black community in developing a reparative framework that will address economic harms and provide the support infrastructure to provide repair.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Would support Climate Action goals by providing more affordable housing along transit corridors.

RATIONALE FOR RECOMMENDATION
Increasing affordability levels for new housing developments and addressing inequities for communities of color are expressed City values and council direction. This contract extension supports the efforts to increase affordability in previously redlined areas in a reparative framework.

CONTACT PERSON
Mayor Jesse Arreguin, 510-981-7100
Attachments:

1. Resolution

RESOLUTION NO. XX,XXX N.S.

AUTHORIZING A CONTRACT EXTENSION WITH COMMUNITY DEVELOPMENT

PARTNERS (CDP) TO SUPPORT THE EQUITABLE BLACK BERKELEY INITIATIVE AND FUNDED THROUGH A GRANT FROM THE SAN FRANCISCO FOUNDATION.

WHEREAS, On November 30, 2021, the Berkeley City Council voted to receive a grant from the San Francisco Foundation to support a consultant to assist the Equitable Black Berkeley Initiative (EBB) in a six-month process to ideate financing alternatives to increase the level of affordable housing at the North Berkeley and Ashby BART stations within a reparative framework; and
WHEREAS, on November 29, 2022, City Council approved accepting a grant award of $75,000 from the San Francisco Foundation to renew the existing contract with CDP supporting the Equitable Black Berkeley Initiative; and
WHEREAS, the grant funds have been deposited and expensed from the One-Time Grant: No Capital Expenses Fund and will be appropriated in the First Amendment to the FY 2023 Annual Appropriations Ordinance.

NOW THEREFORE, BE IT RESOLVED that the Council of the City of Berkeley authorizes the City Manager to extend Contract #32200161 with Community Development Partners in support of the Equitable Black Berkeley Initiative, adding an additional $75,000 to the contract for a total contact amount not to exceed $125,000 and extending the contract term to September 30, 2023.

Rashi Kesarwani
Councilmember, District 1

CONSENT CALENDAR
January 17, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Councilmember Rashi Kesarwani (Author)
SUBJECT: Referral for a Security Assessment of the 1700 and 1600 Blocks of San Pablo Avenue

RECOMMENDATION
Refer to the City Manager to conduct a security assessment of the 1700 and 1600 blocks of San Pablo Avenue two months after the City of Berkeley has entered into a lease of real property located at 1720 San Pablo Avenue (hereafter referred to as Berkeley Inn, a 27-room motel). Additional security measures deemed necessary should be implemented as soon as practicable after the security assessment is completed.

Recommended aspects of the security assessment include but are not limited to the following:
● A community meeting for immediate businesses, residents, and stakeholders of the 1700 and 1600 blocks of San Pablo Avenue to be hosted by the Office of Councilmember Rashi Kesarwani, City Manager Dee Williams-Ridley [or her designee(s)], and the Berkeley Police Department in order to assess the current street conditions and safety concerns; and
● A Crime Prevention Through Environmental Design (CPTED) assessment to be conducted by the Berkeley Police Department for the 1700 and 1600 blocks of San Pablo Avenue.

Possible security measures may include but are not limited to the following:
● Increased Berkeley police patrols and/or the provision of private security services;
● Assistance from the Office of Economic Development to identify grant or other funding opportunities so businesses and residents may procure and install security cameras at key locations;

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7110 ● Fax: (510) 981-7111 E-Mail: [email protected]
2 ● Implementation of environmental design improvements, as recommended by the CPTED assessment, by the City of Berkeley and/or private property owners, as appropriate.

CURRENT SITUATION AND ITS EFFECTS
New Uses in the 1700 and 1600 Blocks of San Pablo Avenue Warrant Safety Assessment. On December 6, 2022 Council approved the lease with the Berkeley Inn located on the 1700 block of San Pablo Avenue, as well as a contract amendment with the Dorothy Day House to operate the facility as a transitional shelter. The 1600 block of San Pablo Avenue is the site of a permanent supportive housing facility at the former Golden Bear Inn, operated by Bay Area Community Services, with residents in the process of moving in as of November 2022.

City Council’s approval of the five-year lease agreement with owners of the Berkeley Inn, located at 1720 San Pablo Avenue, is critical in maintaining Berkeley’s commitment to sheltering homeless populations as the Horizon Transitional Village, also administered by Dorothy Day house, provides 50 beds for unsheltered and encampment populations and will be closing at the end of this month on December 31, 2022. This hotel conversion fills a dire need for an alternate location to house this vulnerable population that likely would otherwise end up back on the street and in encampments. Additionally, it provides non-congregate shelter rooms that are preferred and more likely to be accepted by persons experiencing unsheltered homelessness by future residents.

BACKGROUND
Opportunity Sites for Homeless Shelters are Extremely Limited. The City’s lease of the Berkeley Inn, a 27-room motel, to serve as a transitional non-congregate shelter facility replaces a larger 50-bed congregate shelter facility located at 742 Grayson Street. The Grayson site, known as the Horizon Transitional Village Program, is scheduled to close on Dec. 31, 2022 due to the termination of the City’s lease with the private property owner. The City was able to extend its lease for the Grayson facility on Sept. 29, 2022 through the end of the year, but no further extensions are available. Staff have noted that the City engaged in an exhaustive search of City facilities to replace the Grayson facility, but none were found to be suitable, safe, or available for year-round use as a shelter for vulnerable homeless people1. The number of motel operators willing to partner with the City is also limited; the City has previously housed homeless individuals at the Berkeley Inn with the use of 28-day motel vouchers provided by the county.
1 See item #1: Urgency Ordinance for Leasing the Real Property at 1720 San Pablo Avenue, on the December 6, 2022 Berkeley City Council Agenda.

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7110 ● Fax: (510) 981-7111 E-Mail: [email protected]
3 Opportunity Sites for Homekey Permanent Supportive Housing (Golden Bear Inn) Identified by Respondents to City’s Request for Proposals (RFP). The City issued an RFP for a Homekey permanent supportive housing site in October 2021, with the option for RFP respondents to submit proposals for opportunity sites citywide. The selection of the Golden Bear Inn at 1620 San Pablo Avenue is the result of an RFP respondent identifying the site and a motel owner willing to sell as well as submitting a viable application to the City–which happened to be the only Homekey application the City received. Permanent supportive housing has been found to be the evidence-based solution to unsheltered homelessness.2 The San Pablo Corridor is a Priority Development Area. In 2021, the City of Berkeley received a $750,000 grant from the Metropolitan Transportation Commission (MTC) to begin developing a master plan for the San Pablo Corridor. It is the priority of Councilmember Kesarwani to use the limited grant funds to study effective city policies for filling vacant retail spaces (including by reviewing effective policies in neighboring local jurisdictions) and other strategies for supporting a thriving non-residential sector of small businesses, non-profit organizations, and arts and cultural institutions.

State Housing Laws Have Taken Away Control from Local Jurisdictions to Deny or Lower the Density of Projects, When They Meet Specific Requirements. Over the last several years, new state approved housing laws limit both cities’ ability to reject development projects if they comply with local zoning and design rules, such as the Housing Accountability Act, and the number of times neighborhood groups can appeal such projects, such as SB 330. State law affects cities’ authority over development in additional ways: it further limits local government’s authority over development by speeding up approvals if affordable housing is included; it prevents cities from ordering design changes that would result in fewer units being built; and bars governments from changing zoning rules once a project has been proposed. Yet another piece of legislation, California’s Density Bonus law, allows developers to exceed local zoning limits if projects include affordable units. The goal of these housing laws is to keep cities from arbitrarily denying or delaying the construction of much needed housing. As a result, a community’s ability to alter or slow down development projects has been limited.

Housing Development Along San Pablo Corridor Is Driven by Decisions of Private Property Owners. In recent years, a number of parcels along the San Pablo Corridor have been developed or plans are underway to do so. 2 See:Permanent Supportive Housing: Evaluating the Evidence for Improving Health Outcomes Among People Experiencing Chronic Homelessness, National Academies Press, 2018. Contributors:

National Academies of Sciences, Engineering, and Medicine; Policy and Global Affairs; Health and Medicine Division; Science and Technology for Sustainability Program; Board on Population Health and Public Health Practice; Committee on an Evaluation of Permanent Supportive Housing Programs for Homeless Individuals

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7110 ● Fax: (510) 981-7111 E-Mail: [email protected]
4 ● 1941 San Pablo Avenue: proposed 7 story mixed use development - in early planning stage
● 1835 San Pablo Avenue: entitled project for mostly market rate housing ● 1740 San Pablo Avenue: 54 units of affordable housing, approved and in process
● 1701 San Pablo Avenue: 110 affordable units for Berkeley Unified School District workforce, approved and in process
● 1620 San Pablo Avenue: 44 units of permanent supportive housing, approved and operating
● 1080 Jones Street, The Jones (at 1500 San Pablo Avenue): 170 units mostly market rate - operating and occupied
● 1201-1205 San Pablo Avenue: 66 units of mostly market rate housing - approved
● 1200 San Pablo Avenue: 7 story project previously approved by the Design Review Commission
The decisions to develop these parcels are not driven by the City, but by private property owners. Development occurs throughout the city where a private property owner wishes to do so.

FISCAL IMPACT
The security assessment will require one-time staff attention, and implementation of security measures may result in one-time and/or ongoing costs to the City.

ENVIRONMENTAL SUSTAINABILITY
Enhanced safety can encourage more residents to patronize the area on foot or bike, thus reducing vehicle miles traveled.

CONTACT PERSON
Rashi Kesarwani, Council Member District 1 (510) 981-7110

Susan Wengraf
Councilmember District 6
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7160 ● TDD: (510) 981-6903 ● Fax: (510) 981-7166 E-Mail: [email protected]

CONSENT CALENDAR
Jan 17, 2023
To: Honorable Mayor and Members of the City Council
From: Councilmember Wengraf, Councilmember Harrison,
Councilmember Humbert, and Councilmember Hahn
Subject: Resolution in Support of SB-36 (Skinner)

RECOMMENDATION
Adopt a Resolution in support of SB-36: Out-of-state criminal charges: prosecution related to abortion and gender-affirming care (Skinner) and send copies to Senator Skinner, Assembly Member Wicks and Governor Newsom.

FINANCIAL IMPLICATIONS
None.

BACKGROUND
Since the Supreme Court overturned Roe v. Wade on June 24, 2022 at least 13 states passed laws that make seeking or providing an abortion a felony offense. Four states have enacted laws or regulations banning gender-affirming care and 15 additional states are considering legislation to do so. California, on the other hand, has passed a package of bills that establish it as a safe haven for those fleeing prosecution for seeking abortion and gender-affirming care in other states.

SB-36 seeks to provide protections and supports in California to any person fleeing a felony prosecution, conviction, or sentence in another state for seeking an abortion or gender-affirming care, and to anyone assisting them with getting that care.

The bill would make it illegal for bounty hunters and bail agents to apprehend people who fled criminal prosecution or imprisonment for providing, receiving or supporting abortion or gender-affirming care. Bounty hunters and bail agents who violate the new statute would be guilty of a misdemeanor and face up to a year in jail and forfeiture of their license to operate in California.

SB-36 author Senator Nancy Skinner stated, “My ‘Safe Haven’ law will send a message to any bounty hunter who tries to enforce another states’ reactionary law: Do so and you’ll face jail time and lose your license.”

ENVIRONMENTAL SUSTAINABILITY
No direct impact.

Resolution in Support of SB-36 CONSENT CALENDAR
Jan 17, 2023

CONTACT PERSON
Councilmember Wengraf Council District 6 510-981-7160
Attachments:
1: Resolution
2: SB-36

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

SUPPORT FOR SB-36 (SKINNER)
WHEREAS, Since the Supreme Court overturned Roe v. Wade on June 24, 2022 at least 13 states passed laws that make seeking or providing an abortion a felony offense; and WHEREAS, four states have enacted laws or regulations banning gender-affirming care and 15 additional states are considering legislation to do so; and WHEREAS, SB-36 seeks to provide protections and supports in the state of California to any person fleeing a felony prosecution, conviction, or sentence in another state for seeking an abortion or gender-affirming care and to anyone assisting them with getting that care; and
WHEREAS, SB-36 would make it illegal for bounty hunters and bail agents to apprehend people who fled criminal prosecution or imprisonment for providing, receiving or supporting an abortion or gender-affirming care; and WHEREAS, those who violate the new statute would be guilty of a misdemeanor and face up to a year in jail and forfeiture of their license to operate in California, sending a strong message to anyone trying to enforce another states’ reactionary law.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council supports SB-36.

BE IT FURTHER RESOLVED that the Berkeley City Council thanks Senator Skinner for her leadership in crafting this legislation.

Support for SB 36 (Skinner) CONSENT CALENDAR
Jan 17, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

SENATE BILL
NO. 36
Introduced by Senator Skinner
December 05, 2022
An act to amend Sections 847.5 and 1299.02 of the Penal Code, and to amend Section 11486.5 of, and to add Section 18901.33 to, the Welfare and Institutions Code, relating to out-of-state criminal charges.

LEGISLATIVE COUNSEL'S DIGEST
SB 36, as introduced, Skinner. Out-of-state criminal charges: prosecution related to abortion and gender-affirming care.

Existing law authorizes a magistrate to issue a warrant, upon application by a bail bondsman, as described, for an individual fleeing bail in another state and found in this state upon a finding of probable cause for believing that the person is a fugitive. Existing law makes it a misdemeanor to take a person who is a fugitive admitted to bail in another state into custody, except pursuant to a magistrate’s order.

This bill would prohibit a magistrate from issuing a warrant for the arrest of an individual whose alleged offense or conviction is for the violation of law of another state that authorizes a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of an abortion or gender-affirming care if the abortion or care is lawful under the laws of this state, regardless of the recipient’s location. The bill would make a bail bondsman who takes such an individual into custody without a warrant guilty of a misdemeanor and ineligible for and subject to

Support for SB 36 (Skinner) CONSENT CALENDAR
Jan 17, 2023

forfeiture of specified licenses. The bill would create a civil cause of action for an individual taken into custody in violation of this provision. By creating a new crime, this bill would create a state- mandated local program.

Existing law, the Bail Fugitive Recovery Persons Act, prohibits a person, other than a certified law enforcement officer, to apprehend, detain, or arrest a bail fugitive unless the person is a licensed a bail fugitive recovery agent, or both a bail licensee and private investigator who are also bail fugitive recovery agents. Existing law makes a violation of the Bail Fugitive Recovery Persons Act a misdemeanor.

This bill would prohibit a person authorized under the act from apprehending, detaining, or arresting a bail fugitive who has been admitted to bail in another state and whose alleged offense or conviction is for the violation of a law of another state that authorizes a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of an abortion or gender-affirming care, if the abortion or care is lawful under the laws of this state, regardless of the recipient’s location. The bill would make a violation of this provision a misdemeanor and make the authorized individual ineligible for and subject to forfeiture of specified licenses. The bill would create a civil cause of action for an individual taken into custody in violation of this provision. By expanding the application of a crime, this bill would create a state-mandated local program.

Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low- income families and individuals. Existing federal law establishes the federal Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Existing federal regulations disqualify a fleeing felon, as defined, from receiving benefits under the CalFresh program.

This bill would require that the determination of whether a person is fleeing to avoid prosecution for purposes of eligibility in the Calworks program be made pursuant to a specified federal regulation. The bill would also make a person who is fleeing to avoid prosecution, or custody and confinement after conviction, whose alleged offense or conviction is for the violation of a law of another state that authorizes a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of an abortion or gender-affirming care, if the abortion or care is lawful under the laws of this state, regardless of the location of the patient, eligible for benefits under these programs. Because this would expand the eligibility requirements for these programs, this bill would create a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

DIGEST KEY
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes

Support for SB 36 (Skinner) CONSENT CALENDAR
Jan 17, 2023

BILL TEXT

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT
AS FOLLOWS:

SECTION 1.

The Legislature finds and declares all of the following:
(a) In 2022, following the United States Supreme Court decision overturning Roe v. Wade, California’s legislature passed and Governor Gavin Newsom signed a package of bills, led by members of the Legislative Women’s Caucus, and complimentary budget actions that established the state as a haven for those fleeing prosecution for seeking abortion and gender-affirming care in other states.
(b) At least 13 states have passed laws that make seeking or providing an abortion a felony offense. (c) Four states have enacted laws or regulations banning gender-affirming care and 15 additional states are considering legislation to do so.
(d) It is the intent of the legislature to pass legislation to provide protections and supports to any person fleeing a felony prosecution, conviction, or sentence in another state for seeking an abortion or seeking gender-affirming care and to any person assisting the person seeking that care.

SEC. 2.

Section 847.5 of the Penal Code is amended to read:
847.5.

If (a) Except as provided in subdivision (b), if a person has been admitted to bail in another state, escapes bail, and is present in this State, the bail bondsman or other person who is bail for such fugitive, may file with a magistrate in the county where the fugitive is present an affidavit stating the name and whereabouts of the fugitive, the offense with which the alleged fugitive was charged or of which he was they were convicted, the time and place of same, and the particulars in which the fugitive has violated the terms of his their bail, and may request the issuance of a warrant for arrest of the fugitive, and the issuance, after hearing, of an order authorizing the affiant to return the fugitive to the jurisdiction from which he they escaped bail. The magistrate may require such additional evidence under oath as he deems they deem necessary to decide the issue. If he the magistrate concludes that there is probable cause for believing that the person alleged to be a fugitive is such, he the magistrate may issue a warrant for his the person’s arrest. The magistrate shall notify the district attorney of such action and shall direct him the district attorney to investigate the case and determine the facts of the matter. When the fugitive is brought before him the magistrate pursuant to the warrant, the magistrate shall set a time and place for hearing, and shall advise the fugitive of his their right to counsel and to produce evidence at the hearing. He The magistrate may admit the fugitive to bail pending the hearing. The district attorney shall appear at the hearing. If, after hearing, the magistrate is satisfied from the evidence that the person is a fugitive he the magistrate may issue an order authorizing affiant to return the fugitive to the jurisdiction from which he they escaped bail.
(b) A magistrate shall not issue a warrant for the arrest of an individual whose alleged offense or conviction is for the violation of laws of another state that authorizes a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of an abortion or gender-affirming care if the abortion or care is lawful under the laws of this state, regardless of the recipient’s location.

Support for SB 36 (Skinner) CONSENT CALENDAR
Jan 17, 2023

(c) A bondsman or person authorized, pursuant to subdivision (a) of Section 1299.02, to apprehend, detain, or arrest a fugitive admitted to bail in another state who takes into custody a fugitive admitted to bail in another state whose alleged offense or conviction is for the violation of laws of another state that authorizes a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of an abortion or gender-affirming care if the abortion or care is lawful under the laws of this state, regardless of the recipient’s location, without a magistrate’s order, is ineligible for a license issued pursuant to Chapter 11.3 (commencing with Section 7512) of Division 3 of the Business and Professions Code or Section 1800 of the Insurance Code, and shall forfeit any license already obtained pursuant to those laws.
(d) A person who is taken into custody by a bail agent in violation of subdivision (b) may institute and prosecute a civil action for injunctive, monetary, or other appropriate relief against the bondsman and bond company within three years after the cause of action accrues.

A
(e) A bondsman or other person who is bail for a fugitive admitted to bail in another state who takes the fugitive into custody, except pursuant to an order issued under this section, is guilty of a misdemeanor.

SEC. 3.

Section 1299.02 of the Penal Code, as added by Section 21 of Chapter 768 of the Statutes of 2022, is amended to read:
1299.02.
(a) No person, other than a certified law enforcement officer, shall be authorized to apprehend, detain, or arrest a bail fugitive unless that person meets one of the following conditions:
(1) Is a bail as defined in paragraph (2) of subdivision (a) of Section 1299.01 who is also a bail fugitive recovery agent as defined in paragraph (4) of subdivision (a) of Section 1299.01. (2) Is a bail fugitive recovery agent as defined in paragraph (4) of subdivision (a) of Section 1299.01.
(3) Is a licensed private investigator as provided in Chapter 11.3 (commencing with Section 7512) of Division 3 of the Business and Professions Code who is also a bail fugitive recovery agent as defined in paragraph (4) of subdivision (a) of Section 1299.01. (b) This article shall not prohibit an arrest pursuant to Sections 837, 838, and 839, provided that no consideration is paid or allowed, directly or indirectly, to any person effecting an arrest pursuant to Sections 837, 838, and 839.
(c) Individuals who hold a bail license, bail fugitive recovery license, bail enforcer license, bail runner license, or private investigator license issued by another state shall not apprehend, detain, or arrest bail fugitives in California, unless that individual obtains a bail fugitive recovery agent license issued in this state and complies with California law. (d) A person authorized, pursuant to subdivision (a), to apprehend, detain, or arrest a bail fugitive shall not apprehend, detain, or arrest a bail fugitive admitted to bail in another state whose alleged offense or conviction was for the violation of laws of another state that authorizes a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of an abortion or gender-affirming care if the abortion or care is lawful under the laws of this state, regardless of the recipient’s location. A person who violates this subdivision is guilty of a misdemeanor punishable by a fine of five thousand dollars ($5,000) or by imprisonment in a county jail not to exceed one year, or by both that imprisonment and fine, is ineligible for a license issued pursuant to Chapter

11.3 (commencing with Section 7512) of Division 3 of the Business and Professions Code or Section 1800 of the Insurance Code, and shall forfeit any license already obtained pursuant to those laws. A person who is taken into custody by a bail agent in violation of this subdivision may institute and

Support for SB 36 (Skinner) CONSENT CALENDAR
Jan 17, 2023

prosecute a civil action for injunctive, monetary, or other appropriate relief against the bail fugitive recovery agent within three years after the cause of action accrues. (d)
(e) This section shall become operative on July 1, 2023.

SEC. 4.

Section 11486.5 of the Welfare and Institutions Code is amended to read:
11486.5.
(a) An individual shall not be eligible for aid under this chapter if he or she is the individual is either:
(1) Fleeing to avoid prosecution, or custody and confinement after conviction, under the laws of the place from which the individual is fleeing, for a crime or an attempt to commit a crime that is a felony under the laws of the place from which the individual is fleeing, or which, in the case of the State of New Jersey, is a high misdemeanor under the laws of that state. For the purposes of this section, except as provided in subdivision (c), an individual shall be determined to be fleeing to avoid prosecution, or custody and confinement after conviction, pursuant to Sections 273.11(n)(1)(ii) and 273.11(n)(2) of Title 7 of the Code of Federal Regulations. (2) Violating a condition of probation or parole imposed under federal law or the law of any state. (b) Subdivision (a) shall not apply with respect to conduct of an individual for any month beginning after the President of the United States grants a pardon with respect to the conduct. (c) For the purposes of this section, an individual is not considered fleeing to avoid prosecution if the felony offense with which the person is charged or convicted is as a result of performing, receiving, supporting, or aiding in the performance or receipt of an abortion or gender-affirming care if the abortion or care is lawful under the laws of this state, regardless of the recipient’s location.

SEC. 5.

Section 18901.33 is added to the Welfare and Institutions Code, to read:
18901.33.

A person who is fleeing to avoid prosecution, or custody and confinement after conviction, whose alleged offense or conviction is for the violation of laws of another state that authorizes a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of an abortion or gender-affirming care is eligible for benefits pursuant to this chapter, if the abortion or care is lawful under the laws of this state, regardless of the recipient’s location.

SEC. 6.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7170 ● TDD: (510) 981-6903 E-Mail: [email protected]

CONSENT CALENDAR
January 17, 2023
To: Honorable Mayor and Members of the City Council
From: Councilmember Rigel Robinson (Author)
Subject: Relinquishment of Council Office Budget Funds to the General Fund and Grant of Such Funds for Pacific Center for Human Growth

RECOMMENDATION
Adopt a Resolution approving the expenditure of an amount not to exceed $1,000 per Councilmember, including $1,000 from Councilmember Robinson, to Pacific Center for Human Growth to assist with urgent lease signing and renovation costs.

BACKGROUND
Founded in 1973, Pacific Center for Human Growth is the oldest LGBTQIA+ center in the Bay Area, the third oldest in the nation, and operates the only sliding scale mental health clinic for LGBTQIA+ and QTBIPOC people and their families in Alameda County.

Utilizing nearly 200 volunteers and 11 staff members, Pacific Center provides culturally- responsive therapy, peer-to-peer support groups, community outreach services, and facilitated workshops for Alameda County and the greater Bay Area LGBTQIA+ communities. They currently serve over 3,000 people a year through their programs.

Pacific Center is relocating from their Berkeley location on Telegraph Avenue due to the property being sold to a new owner. After months of searching and negotiating, they have successfully secured a space that fits their needs and are signing the new lease on February 1, 2023. They need to raise funds for signing costs, as well as additional funds for the installation of a wheelchair lift to make the space fully accessible.

FINANCIAL IMPLICATIONS
No General Fund impact; $1,000 is available from Councilmember Robinson’s discretionary account.

ENVIRONMENTAL SUSTAINABILITY
None.

CONTACT PERSON
Councilmember Rigel Robinson, (510) 981-7170
Angie Chen, Legislative Assistant
Attachments:
1: Resolution