Berkeley City Council
January 16, 2024

Tuesday, January 16, 2024 AGENDA Page 1

AG E N D A

BERKELEY CITY COUNCIL MEETING
Tuesday, January 16, 2024
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY 94708

JESSE ARREGUIN, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – RIGEL ROBINSON
DISTRICT 4 – KATE HARRISON DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in -person attendance and virtual participation . If you are feeling sick, please do not attend the meeting in person.

Live captioned broadcasts of Council Meetings are available on Cable B -TV (Channel 33) and via internet accessible video stream at http://berkeley.granicus.com/MediaPlayer.php?publish_id=1244.

Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this UR L: https://cityofberkeley- info.zoomgov.com/j/1619411775 . To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. To join by phone: Dial 1-669-254-5252 or 1 -833-568-8864 (Toll Free) and enter Meeting ID: 161 941 1775. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair. Please be mindful that the meeting will be recorded.

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

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953 and applicable Executive Orders as issued by the Governor that are currently in effect . Any member of the public may attend this meeting. Questions regarding public participation may be addressed to the City Clerk Department (510) 981-6900. The City Council may take action related to any subject listed on the Agenda.

Pursuant to the City Council Rules of Procedure and State Law, the presiding officer may remove, or cause the removal of, an individual for disrupting the meeting. Prior to removing an individual, the presiding officer shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The presiding officer may then remove the individual if they do not promptly cease their disruptive behavior. “Disrupting” means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, a failure to comply with reasonable and lawful regulations adopted by a legislative body, or engaging in behavior that constitutes use of force or a true threat of force.

Tuesday, January 16, 2024 AGENDA Page 2
Preliminary Matters
Roll Call:

Land Acknowledgement Statement: The City of Berkeley recognizes that the community we live in was built on the territory of xučyun (Huchiun (Hooch-yoon)), the ancestral and unceded land of the Chochenyo (Cho-chen-yo)-speaking Ohlone (Oh-low-nee) people, the ancestors and descendants of the sovereign Verona Band of Alameda County. This land was and continues to be of great importance to all of the Ohlone Tribes and descendants of the Verona Band. As we begin our meeting tonigh t, we acknowledge and honor the original inhabitants of Berkeley, the documented 5,000 -year history of a vibrant community at the West Berkeley Shellmound, and the Ohlone people who continue to reside in the East Bay. We recognize that Berkeley’s residents have and continue to benefit from the use and occupation of this unceded stolen land since the City of Berkeley’s incorporation in 1878. As stewards of the laws regulating the City of Berkeley, it is not only vital that we recognize the history of this l and, but also recognize that the Ohlone people are present members of Berkeley and other East Bay communities today. The City of Berkeley will continue to build relationships with the Lisjan Tribe and to create meaningful actions that uphold the intention of this land acknowledgement.

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

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

Public Comment on Non-Agenda Matters: Persons will be selected to address matters not on the Council agenda. If five or fewer persons wish to speak, each person selected will be allotted two minutes each. If more than five persons wish to speak, up to ten persons will be selected to address matters not on the Council agenda and each person selected will be allotted one minute each. Persons attending the meeting in-person and wishing to address the Council on matters not on the Council agenda during the initial ten-minute period for such comment, must submit a speaker card to the City Clerk in person at the meeting location and prior to commencement of that meeting. The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda.

Public Comment by Employee Unions (first regular meeting of the month): This period of public comment is reserved for officially designated representatives of City of Berkeley employee unions, with five minutes allocated per union if representatives of three or fewer unions wish to speak and up to three minutes per union if representatives of four or more unions wish to speak.

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

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

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

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

Consent Calendar
Tuesday, January 16, 2024 AGENDA Page 3
Public Comment on Consent Calendar and Information Items Only: The Council will take public comment on any items that are either on the amended Consent Calendar or the Information Calendar. Speakers will be entitled to two minutes each to speak in opposition to or support of Consent Calendar and Information Items. A speaker may only speak once during the period for public comment on Consent Calendar and Information items.

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

Consent Calendar

1. Amendment: FY 2024 Annual Appropriations Ordinance
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,892–N.S. amending the FY 2024 Annual Appropriations Ordinance No. 7,879–N.S. for fiscal year 2024 based upon recommended re-appropriation of committed FY 2023 funding and other adjustments authorized since July 1, 2023, in the amount of $270,355,759 (gross) and $258,134,257 (net).

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000

2. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of November 20, 2023 (special closed), December 5, 2023 (regular) and December 12 (special and regular).

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

3. California For All Animals Grant Award
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to receive a $60,000 California For All Animals grant award from the Koret Shelter Medicine Program at UC Davis and to enter into contract and all necessary amendments with the Regents of the University of California resulting from this funding.

Financial Implications: Grant - $60,000
Contact: Peter Radu, City Manager's Office, (510) 981-7000

Consent Calendar
Tuesday, January 16, 2024 AGENDA Page 4

4. Contract No. R9710 Amendment: City of Piedmont for Animal Services From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend an existing contract number R9710 and any amendments with the City of Piedmont for Berkeley Animal Care Services (BACS) to provide animal sheltering and certain animal care services to the City of Piedmont. For these services the City of Piedmont will pay the City of Berkeley an amount not to exceed $196,572 for services performed from FY2024 through FY2026. This adjustment will result in a revised maximum total contract amount of $708,388.

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

5. Extension of Declaration of Homeless Shelter Crisis
From: City Manager
Recommendation: Adopt a Resolution extending Resolution No. 70,179 – N.S., extending the declaration of a Homeless Shelter Crisis until January 17, 2029.

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

6. Acceptance - $30,000 Grant from the National Endowment for the Arts From: City Manager
Recommendation: Adopt a Resolution accepting a $30,000 grant from the National Endowment for the Arts (NEA). The grant will be used to support a new Civic Arts grant program totaling $60,000 to begin in Fiscal Year 2025 (FY25). The NEA grant will be used to underwrite a new program designed to support the following types of arts and cultural programming in the City of Berkeley: -Nonprofit (not-art specific) organizations located in the City of Berkeley wishing to produce arts/cultural programming in the City of Berkeley led by a partnering arts organization or teaching artist; or -Arts nonprofit organizations located in the Greater Bay Area (outside of Berkeley) wishing to produce arts/cultural programming taking place in the City of Berkeley.

Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530

7. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on January 16, 2024
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval.

Financial Implications: Various Funds - $3,434,341
Contact: Henry Oyekanmi, Finance, (510) 981-7300

Consent Calendar
Tuesday, January 16, 2024 AGENDA Page 5

8. Contract: Healthy Black Families for Housing Preference Policy Outreach and Education
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute a contract and any amendments with Healthy Black Families (HBF) to provide outreach and education activities related to the Housing Preference Policy (HPP) from January 17, 2024 to January 17, 2025, in an amount not to exceed $70,400.

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

9. Contract No. 32300203 Amendment: Hansine Fisher & Associates for Targeted Case Management, Medi-Cal Administrative Activities, CalAIM Enhanced Care Management Consulting Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 32300203 for $73,060 and any additional amendments or extensions, with Hansine Fisher & Associates for Targeted Case Management (TCM) consulting services. The contract amendment’s not-to-exceed amount will be increased to a total of $172,600 for the period July 1, 2023 through June 30, 2024.

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

10. Contract No. 32300134 Amendment: Bonita House for Specialized Care Unit Provider
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to amend Contract No. 32300134 with Bonita House to add $11,500 of state Crisis Care Mobile Units (CCMU) grant funding for a not-to-exceed amount of $4,579,500.

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

11. Revenue Contract: Funding from Berkeley Unified School District for First Aid Services at the Berkeley High School Health Center
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute a contract and any resultant revenue agreements and amendments with the Berkeley Unified School District to conduct first aid services at the Berkeley High School Health Center with the projected total amount of $920,557 for July 1, 2023 to June 30, 2028.

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

Consent Calendar
Tuesday, January 16, 2024 AGENDA Page 6

12. Correcting Effective Date for Salary Range Adjustments of Select Local One Supervisors
From: City Manager
Recommendation: Adopt a Resolution amending Resolution No. 70,993-N.S. and correcting the effective date of the increase in the salary range of select Local One supervisors – namely, Senior Building Maintenance Supervisor, Senior Equipment Supervisor, Senior Public Works Supervisor, and Senior Solid Waste Supervisor – from January 1, 2023 to December 1, 2022.

Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800

13. Contract No. 32200162-1 Amendment: ThirdWave Corporation for Professional Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32200162 with ThirdWave Corporation for professional services for an amount not to exceed of $230,000 for a total contract value not to exceed $275,000 through June 30, 2025.

Financial Implications: See report
Contact: Kevin Fong, Information Technology, (510) 981-6500

14. Contract No. 32100080-1 Amendment: Assetworks LLC Software Modules and Professional Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32100080 with AssetWorks, LLC to provide additional software modules and professional services extending the term of the contract through December 31, 2028, increasing the amount by $270,000, for a total not-to-exceed amount of $757,249.

Financial Implications: See report
Contact: Kevin Fong, Information Technology, (510) 981-6500

15. Grant Application: Caltrans Sustainable Transportation Grant Program for the Interstate 80 at Aquatic Park Tide Tube Renovation Project From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or a designee to submit a grant application to the Caltrans Sustainable Transportation Planning Grant Program for the Interstate 80 at Aquatic Park Tide Tube Renovation Project; accept any grants; execute any resulting grant agreements and any amendments; and that Council authorize the implementation of the projects and appropriation of funding for related expenses, subject to securing the grants.

Financial Implications: Revenue - $535,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

Consent Calendar
Tuesday, January 16, 2024 AGENDA Page 7

16. Grant Application: Cal Fire Wildfire Prevention Grants Program to mitigate hazardous tree conditions at Berkeley overnight camps
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to submit a CAL FIRE hazardous tree mitigation grant application in the amount up to $3 million; to accept the grant; to execute any resultant revenue agreements and amendments; and authorizing the implementation of the project and appropriation of funding for related expenses, subject to securing the grant.

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

17. Contracts: As-needed Derelict Vessel and Debris Removal and Disposal Services
From: City Manager
Recommendation: Adopt three (3) Resolutions authorizing the City Manager to execute the following contracts, and any amendments, extensions, or other change orders for derelict vessel and debris removal and disposal services as-needed, each for a period of January 17, 2024 to January 16, 2026:

1. Lind Marine, for an amount not to exceed $162,000.

2. Power Engineering Construction, for an amount not to exceed $162,000.

3. Silverado Contractors, for an amount not to exceed $162,000.

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

18. Prevailing Wage Requirements in the Southside Plan Area; Adding Berkeley Municipal Code Chapter 13.108
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code Title 13 to add Chapter 13.108 --Prevailing Wage Requirements in the Southside Plan Area to establish prevailing wage requirements for projects exceeding 50 units or 50,000 square feet in the Southside Plan Area.

Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400

19. Contract: Ethico for Whistleblower Hotline and Case Management Services From: Auditor
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Ethico for whistleblower hotline and case management software services for a total amount not to exceed $100,000 for the contract period of February 1, 2024 through January 31, 2027.

Financial Implications: General Fund - $100,000
Contact: Jenny Wong, Auditor, (510) 981-6750

Council Consent Items
Tuesday, January 16, 2024 AGENDA Page 8

20. RFP for Development of West Berkeley Service Center From: Mayor Arreguin (Author), Councilmember Kesarwani (Author), Councilmember Sophie Hahn (Co-Sponsor), Councilmember Susan Wengraf (Co-Sponsor)
Recommendation: Refer to the City Manager to issue a Request for Proposal (RFP) for the development of the city-owned West Berkeley Service Center, (1900 Sixth Street), to permit site acquisition and construction of a 100-percent affordable housing project with the following key features: -Space on the ground floor of the building for administrative offices, community space and supportive services as currently provided by the City; -Maximizing the number of units under the existing zoning Mixed Use-Residential (MU-R) in conjunction with state law AB 1763 (2019); - A mix of unit sizes, including studios, one-bedroom, and two-bedroom units; -Require RFP applicants to include a plan for services provision and integration for the population(s) they propose to serve; -A preference for serving seniors and adults with mental health conditions while maintaining flexibility to serve other populations based on availability of funding.

The City Manager should also consider the feasibility of the following elements in the program design: -Universally designed housing for older adults with a portion of the units for assisted living and memory care; -A board and care facility with a minimum of 20 beds including space for staff and services; -Explore available federal, state, regional, local and private funding sources to finance the construction of a housing project, including with the potential target populations.

The issuance of an RFP should be timed to happen soon after funding for the development has been identified.

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

21. Black History Month Event Berkeley Juneteenth Association, Inc. 501(c)3:

Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Councilmember Bartlett (Author), Councilmember Hahn (Co-Sponsor) Recommendation: Adopt a Resolution approving the expenditure of funds, including $1,500 from the discretionary Council office budget of Vice Mayor Ben Bartlett, to the Berkeley Juneteenth Association, Inc. 501(c)3 for the Black History Month Event.

The funds will be relinquished to the City’s General Fund from the discretionary council office budget of Councilmember Ben Bartlett and the discretionary council office budgets of any other Councilmembers who wish to contribute.

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

Council Consent Items
Tuesday, January 16, 2024 AGENDA Page 9

22. Supporting the Installation of Permanent Chess/Games Tables on Telegraph Avenue and Proposing Resolution of Concerns at 2454 Telegraph Avenue (Reviewed by the Health, Life Enrichment, Equity, & Community Committee) From: Councilmember Hahn (Author), Councilmember Robinson (Co-Sponsor) Recommendation:

1. Refer to the FY2025 Budget Process $50,000 to support the installation of fixed or purchase of portable public chess/game tables on Telegraph Avenue, including at or near the intersection of Telegraph and Haste Streets, and potentially elsewhere in Berkeley to support development of a citywide chess & games facility.

2. Refer to the City Manager to explore the potential development of a parklet at or near the Telegraph/Haste intersection, potentially near the South/West corner (beyond the yellow loading area on Haste Street) and other potential locations for a parklet that could accommodate chess/game tables and the volume of community participation this activity generates. Staff should consider who is the appropriate entity to finance such an improvement.

3. Refer to the City Manager the development of a city-wide chess and game facilities program to integrate permanent chess/game nodes into park, curtilage, and/or sidewalk areas throughout Berkeley in a manner that encourages broad participation in and enjoyment of games and supports the building of community around these activities. Consider appropriate locations for nodes, installation of City- owned facilities, rules and regulations for use, and maintenance.

4. Direct the City Manager to explore entering into negotiations with the property owner at 2454 Telegraph Avenue to achieve an agreement that would result in upgrades and improvements to the building exterior/facade, create a landscaped perimeter around the exposed entry area, improve maintenance, and/or similar terms, in exchange for a reduction/waiver of accumulated fees.

Policy Committee Recommendation: To send Item 2 and Item 3 on the Policy Committee's agenda to the City Council as revised with a positive recommendation.

Proposed revisions include consideration of: financing of improvements; negotiations with property owner(s); rules relating to the public right-of-way; and support of city- wide program(s).

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

23. Installation of a 3-way Stop at the Intersection of Hopkins and McGee From: Councilmember Hahn (Author), Councilmember Humbert (Co-Sponsor), Mayor Arreguin (Co-Sponsor), Councilmember Bartlett (Co-Sponsor) Recommendation: Direct the City Manager to install two additional stop signs at the intersection of Hopkins and McGee Streets, transforming the ‘T’ intersection into a 3- way stop, to be installed as soon as possible, and no later than July 31, 2024.

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

Council Consent Items
Tuesday, January 16, 2024 AGENDA Page 10

24. City of Berkeley Support for Proposition 1 on March 5, 2024 Ballot From: Councilmember Wengraf (Author), Councilmember Hahn (Co-Sponsor), Councilmember Kesarwani (Co-Sponsor)
Recommendation: Adopt a Resolution in Support of California State Proposition 1 and request that the City Manager issue a press release indicating the City’s support.

Financial Implications: None
Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160

25. Referral: Policies to Accommodate Chess (Reviewed by the Health, Life Enrichment, Equity, & Community Committee)
From: Councilmember Robinson (Author), Councilmember Harrison (Author), Councilmember Hahn (Co-Sponsor)
Recommendation:

Refer to the City Manager to explore legislative and policy alternatives for accommodating chess and games in the public right-of-way. Consideration should be given to ensure that use of tables and chairs does not unduly obstruct public sidewalks or complicate existing enforcement of rules relating to the public right-of- way.

Policy Committee Recommendation: To send Item 2 and Item 3 on the Policy Committee's agenda to the City Council as revised with a positive recommendation.

Proposed revisions include consideration of: financing of improvements; negotiations with property owner(s); rules relating to the public right-of-way; and support of city- wide program(s).

Financial Implications: See report
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170

Action Calendar
The public may comment on each item listed on the agenda for action. For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again during one of the Action Calendar public comment periods on the item. Public comment will occur for each Action item (excluding public hearings, appeals, and/or quasi-judicial matters) in one of two comment periods, either 1) before the Action Calendar is discussed; or 2) when the item is taken up by the Council.

A member of the public may only speak at one of the two public comment periods for any single Action item.

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

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

Tuesday, January 16, 2024 AGENDA Page 11
Action Calendar – Scheduled Public Comment Period
During this public comment period, the Presiding Officer will open and close a comment period for each Action item on this agenda (excluding any public hearings, appeals, and/or quasi -judicial matters). The public may speak on each item. Those who speak on an item during this comment period may not speak a second time when the item is taken up by Council.

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

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

Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may with the consent of persons representing both sides of an issue allocate a block of time to each side to present their issue.

When applicable, each member of the City Council shall verbally disclose all ex parte contacts concerning the subject of the hearing. Councilmembers shall also submit a report of such contacts in writing prior to the commencement of the hearing. Written reports shall be available for public review in the office of the City Clerk.

26. Expansion of the Elmwood Business Improvement District, Levy Assessments in the District for 2025, and Authorize a Contract with the Elmwood Business Association (EBA) to receive assessment revenue
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion:

1. Adopt first reading of an Ordinance expanding the Elmwood Business Improvement District, amending Chapter 7.84 of the Berkeley Municipal Code (BMC) originally adopted by Ordinance No. 6,164-N.S.; and

2. Adopt a Resolution levying assessments in the Elmwood Business Improvement District for calendar year 2025 and giving the City Manager authority to contract with the Elmwood Business Association (EBA) to receive assessment revenue and spend it on improvements and activities authorized in the Ordinance and the Resolution of Intention: Resolution No. 71,099 -N.S.

Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530

Action Calendar – New Business
Tuesday, January 16, 2024 AGENDA Page 12

27. Amending the Miscellaneous CalPERS Contract to (a) Eliminate PEPRA Cost Sharing for Unrepresented Employees (b) Add Paramedic and Limited Term EMT to Safety Category
From: City Manager
Recommendation: Adopt the Resolution of Intention and first reading of an Ordinance to amend the contract between the Board of Administration, California Public Employees’ Retirement System, and the City Council for the City of Berkeley (a) pursuant to California Government Code Section 20516 to eliminate the cost share contributions made on behalf of the City by PEPRA members of the Unrepresented Employees group, and (b) pursuant to California Government Code Section 20434 to add the Paramedic and Limited Term Emergency Medical Technician (EMT) classifications under the Safety category.

Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800

28. Consideration of Options for Berkeley High School Staff Parking From: City Manager
Recommendation: Receive information on several options for providing additional parking for Berkeley High School staff. Provide feedback to staff, which will then be shared with 2x2 Committee with the goal of identifying a mutually agreeable solution for both the school district and the City.

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

Council Action Items
Tuesday, January 16, 2024 AGENDA Page 13

29. Referral: Neighborhood-Scale Commercial (Reviewed by the Land Use, Housing, & Economic Development Committee)
From: Councilmember Robinson (Author), Councilmember Bartlett (Author), Councilmember Taplin (Author)
Recommendation: Refer to the City Manager and Planning Commission to consider and develop policies to permit neighborhood-scale retail uses in residential zones to increase economic opportunity, vitality, and walkability in Berkeley neighborhoods.

Changes may include zoning alterations or modifications to use permit requirements.

In order to inform any potential policy changes, staff should conduct analysis and outreach to understand the market demand for neighborhood-scale commercial uses and consider best practices from other municipalities.

Staff and the Planning Commission should consider conditions and development of performance standards to avoid detrimental impacts on surrounding residential uses and neighborhoods, including but not limited to limitations on noise, odors, smoke, waste generation, operating hours, signage, loading/unloading activity, setbacks, tenant protections, limitations on selling alcohol for on-site consumption, considerations for ADA compliance, restricting applicants to businesses with fewer than three locations, and establishing different permitting requirements depending on square footage, proposed use, or other factors.

Policy Committee Recommendation: To send the item as revised to the City Council with a positive recommendation.

Financial Implications: See report
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170

30. Adopt an Ordinance Adding Chapter 12.75 to the Berkeley Municipal Code to Establish Protections Relating to Horses Held, Owned, Used, Exhibited, or Otherwise Kept for Racing or Other Sport, Entertainment or Profit (Reviewed by the Health, Life Enrichment, Equity, & Community Committee) From: Councilmember Harrison (Author)
Recommendation: Adopt an Ordinance Adding Chapter 12.75 to the Berkeley Municipal Code to Establish Protections Relating to Horses Held, Owned, Used, Exhibited, or Otherwise Kept for Racing or Other Sport, Entertainment or Profit.

Policy Committee Recommendation: Send the item to Council with a qualified positive recommendation to approve the Ordinance with substantial edits and as may be necessary for legal and administrative purposes.

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

Information Reports

31. FY 2023 Preliminary Year-End Status
From: City Manager
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000

Public Comment – Items Not Listed on the Agenda

Tuesday, January 16, 2024 AGENDA Page 14
Adjournment
NOTICE CONCERNING YOUR LEGAL RIGHTS : If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply:
1) No lawsuit challenging a City decision to deny (Code Civ. Proc. §1094.6(b)) or approve (Gov. Code 65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90 -day period will be barred. 2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.

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

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

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

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

Agendas and agenda reports may be accessed via the Internet at:
https://berkeleyca.gov/your-government/city-council/city-council-agendas and may be read at reference desks at the following locations:

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

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

COMMUNICATION ACCESS INFORMATION:

This meeting is being held in a wheelchair accessible location.

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

Attendees at public meetings are reminded that other attendees may be sensitive to various scents, whether natural or manufactured, in products and materials. Please help the City respect these needs.

Tuesday, January 16, 2024 AGENDA Page 15
Captioning services are provided at the meeting, on B -TV, and on the Internet. In addition, assisted listening devices for the hearing impaired are available from the City Clerk prior to the meeting, and are to be returned before the end of the meeting.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on January 4, 2024.

Mark Numainville, City Clerk

Communications
Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.

Item #5: Extension of Declaration of Homeless Shelter Crisis

1. Irene Rice

2. Vianney Gonzalez, on behalf of Extra Space Storage

3. Elsa and Matt Esch

4. Stephanie Lowe
Item #30: Adopt an Ordinance Adding Chapter 12.75 to the Berkeley Municipal Code to Establish Protections Relating to Horses Held, Owned, Used, Exhibited, or Otherwise Kept for Racing or Other Sport, Entertainment or Profit

5. Tweed Conrad

6. C. Scott Chaney, Executive Director, California Horse Racing Board

BART Development

7. Melanie Lawrence and John Smail

8. Friends of Adeline

9. Chris Gilbert

Crime

10. Richard Robbins, on behalf of Wareham Development

11. Seamus Kelly

12. Ray Sharma, on behalf of Gora, Inc. (2)

13. Ilana Pearlman

14. David Lerman

15. John Parman

Safe Streets

16. Danielle Hacker

17. Ben Gould

18. John Parman

Communications
Tuesday, January 16, 2024 AGENDA Page 16

19. Alfred Twu

20. Sean

Street Paving

21. Susan Orbuch

22. Pamela Rudd

23. Alicia Telford

24. Clare and Dianna Mullins

25. Barbara Gilbert

26. Bryce Nesbitt

27. Ray Freeman

28. Kenny Yip

29. Laura Louis

30. Elizabeth Kloian

31. Lisa Chow

32. Diane Garcia

33. Kay Englund

34. Karen Nady

35. John Malork

36. Mario Aranha

37. Peggy Radel

Bus Service

38. Minar Aware

39. Luoping Zhang

40. Erin Baudo Felter

41. Grank Fletcher

Winter Shelter

42. Christoverre Kohller

43. Elana Auerbach

44. Moni Law

45. Diana Bohn

Mental Health

46. Moni Law

47. Eddie Bui

Minimum Wage

48. Henry Beadles

Farmers Market Porta Potties

49. Donna Mickleson

$14M Budget Update

50. Eric Friedman

Communications
Tuesday, January 16, 2024 AGENDA Page 17

Uber/Lyft

51. Wendy Alfsen

52. David Lermam

Brown Act

53. Berkeley People’s Alliance

54. Anna Armstrong

Ohlone Greenway

55. Cindi Goldbert

Save Theaters

56. Salli Lundgren

Cup of Water Price

57. Jennifer Fisher

Tenants Opportunity to Purchase Act

58. Sierra Club, Northern Alameda County Group

Restaurant Inspections

59. Eric Friedman

Emissions Footprint

60. Corinne Scown

930 Harrison Street

61. Yessica Prado

#Giving Tuesday

62. Eric Friedman

People’s Park

63. Carol Hirth

64. Diana Bohn

Library

65. Eric Friedman

Duplex Owners

66. Rick Maisel

URL’s Only

67. John Parman

68. Vivian Warkentin (4)

Communications
Tuesday, January 16, 2024 AGENDA Page 18

Israel/Gaza

69. Sadaf Qazi

70. Ilana Pearlman

71. Hillary Kilimnik

72. Jennifer Carmona

73. Richard Tamm

74. Vladlena Gulchin

75. Rachel Factor

76. Sofia Pavlova

77. Linda Wulf

78. David Kilimnik

79. Blair Fingerhut

80. Lori Pottinger

81. Dorothea Dorenz

82. Joshua Schnoll

83. Laura Schmidt

84. Matt Lasner

85. Jaleh Niazi

86. Nancy Bickel

87. Sandy Schwarcz

88. czwolf@

89. John Blaustein

90. Craig Peterson

91. Michelle Chen

92. Anne Pescatello and Bonnie Wade

93. Jim Hynes

94. Tony Warwick

95. Mati Teiblum

96. Bohun Kinloch

97. Barbara Vaughan

98. Michael Salveson

99. Andrea and Stan Washburn
100. David Biale
101. Fran Segal
102. Susan Brand
103. Dave Kent
104. Judith and Stanley Lubman
105. Christina Crowley
106. Brett Mendel
107. Lori Berenson
108. Moni Law
109. Maya B.
110. Fateme Montazeri
111. Beatriz Manz
112. Luqman Saib

Communications
Tuesday, January 16, 2024 AGENDA Page 19
113. Caroline Lucas
114. Rohan Sabnis
115. Daniel Frydman
116. Mitch Cohen
117. Keith Watts
118. Robin Blum
119. Pamela Drake
120. Abigail Tolby
121. Jack Kurzweil
122. Veena Nambiar
123. James Nelson
124. Enikia Ford Morthel
125. David Kilimnik
126. Christine Lee
127. Christina Harb
128. Ellen Feigenbaum
129. Peter Schwab
130. Lori Berenson
131. Karin Vosgueritchian
132. Isa Hoffman
133. Amy Cummings
134. Emma Koeze
135. Lisa Jervis
136. Terry Mandel
137. Richard Fish
138. Sylvia Santillanez
139. Bob Flasher
140. Elana Auerbach
141. Chrissy Hoffman
142. Tasneem Nomnabhai
143. Debra Barach
144. Karen Carroll
145. Kiernan Rok
146. Barbara Erickson
147. Carl Nelson
148. Dorothea Dorenz
149. Lea Zalinskis
150. Daniel Goldstein
151. Clyde Leland
152. Jim Gilbert
153. Lillie Brum
154. Deb Fink
155. Luqman Saib
156. Jean Weininger
157. Ronnie Cohen
158. Martin and Jill Dodd

Communications
Tuesday, January 16, 2024 AGENDA Page 20
159. Jerry Berkman
160. Emily Brod
161. Jenny Wenk
162. Katya Gerwein
163. Karen Olson
164. Susan Matisoff
165. Candace Hyde-Wang
166. Judi Doyle
167. Raphael Goldman
168. Susan Orbuch
169. Jenna Lewis
170. Todd Andrew
171. Robert Zucker
172. Bronya Feldmann
173. Barbara Schick
174. Dorothea Dorenz
175. Karen Weinstein
176. Deborah Leeds
177. Susan Oliver
178. Daren Fields
179. Carmen de Monteflores
180. Janis Pearson
181. Mary Stapleton
182. rdurling@
183. Lean and John Rosenthal
184. Michael Lonergan
185. Verna Winters
186. Huzaifa Ahmad
187. Hope Alper
188. Ellen Feigenbaum
189. Monika Mann
190. Sarah Goldstein
191. Anirvan Chatterjee
192. John Hitchen
193. Ilene Lee
194. Shelley Horwitz
195. Malka Weitman
196. Eric Strauss
197. Robin Blum
198. Debbi
199. Jerry Skrainar
200. Mary Louise Zernicke
201. Martha Staskawi
202. Michael Cassidy
203. Lubat Asadova
204. Auzeef Ramzan Ali

Communications
Tuesday, January 16, 2024 AGENDA Page 21
205. Rachel Stevensen
206. Lionel Chocron
207. Esther Brass-Chorin
208. Barbara Mathew Smith
209. Vincent Casalaina
210. Judy Logan
211. Revi Sagee
212. Rabbi Adam Naftalin-Kelman
213. Rebecca Landes
214. Joan Bradus
215. Matthew Lasner
216. Stuart Cohen
217. Sofia Pavlova
218. Tom and Jane Kelly
219. Noah Alper
220. Andrea Medrano
221. Nancy Sader
222. Ruth Ehrenkrantz
223. Joan Hart
224. Carol Hirth
225. Harry Delmer
226. Linda Strean
227. Councilmember Harrison
228. Barbara Gilbert
229. Peggy Harris
230. Christina Harb
231. Laura Atkins
232. Robert Bonem
233. M. Audrey Gardner
234. Stefano DellaVigna
235. Mary Wrenn
236. Catalina Ruiz-Healy
237. Itamar Landau
238. Lowell Finley
239. Michael Gardner
240. Rochelle Blumenfeld
241. Stephen Morris
242. Fran Haselsteiner
243. Vicki Sommer
244. Richard Swartz
245. Dianna Dar
246. Helen Marcus
247. Robin Kojima
248. Richard Keene
249. Steve Scholl
250. Jessica Behrman

Communications
Tuesday, January 16, 2024 AGENDA Page 22
251. Mia Reid
252. Andrea Prichett
253. Barbara Vaughan
254. Gloria Schild
255. Nancy Rader
256. Scott West
257. Robsun Coaching
258. Jane Schoenfeld
259. Alan Pearson
260. Dan and Lynne Fingerman
261. Holly Smith
262. Barbara Lewis
263. Tali Ziv
264. Jim Blume
265. Alan Schoenfeld
266. Colleen Busch
267. Patricia Kipnis
268. Bill Powning
269. Rabbi Yonatan Cohen
270. Eric Friedman
271. Rebecca Brams
272. Ruth Muscehl
273. Andrea Cassidy
274. Elizabeth Horowitz
275. Jessica Abbe
276. Stuart Kelman
277. Ivan Diamond
278. Teresa Wong
279. Janice Pardoe
280. Alison Lingo
281. Issy Kipnis
282. Geri Degen
283. Steve Meyers
284. Paul Jacobs
285. John Light
286. Marsha Gale
287. Sarah Baughn
288. Elisabeth Goldstein
289. Richard Marcus
290. Liz Hoadley
291. Katherine Mapes-Resnik
292. Joan Sarnat
293. William Guynn
294. Isabelle Gaston
295. Rick Maisel
296. Gail Nanao

Communications
Tuesday, January 16, 2024 AGENDA Page 23
297. Wendy Bloom
298. Gytta Papier
299. Michael Scandling
300. Shelley Golomb
301. Jennifer Mary Pearson
302. Esta Brand
303. Michael Juster
304. Simone Hoelck
305. Susan Schickman
306. Susan Frankel and Moshe Maler
307. Barbara Gross Davis
308. Catherine de la Pena
309. Susan Goldstein
310. Elaine Jackson
311. Neil Lupa
312. Ellen Weinreb
313. Ruth Berins Collier
314. Bill Miner
315. Lili Naveh
316. Abigail Tolby
317. Namita Chandra
318. Roni Con
319. Francesca Mejia
320. Rachel Eryn Kalish
321. Luqman Saib
322. Eric Friedman
323. Medodee
324. Miranda Lucia
325. Vish Soroushian
326. Allen Mayer
327. Laurie Dubin
328. Moni Law
329. Myriam Misrach
330. Hillary Kilimnik
331. Pascal Bensoussan
332. Lea Zalinskis
333. Luqman Saib
334. Andrea Waid
335. John Anderson
336. Andrew Fox
337. Susan Whitman
338. Kenneth Solnit
339. Dora Weinstein
340. Hillary Kilimnik
341. Doug Herst
342. Anna Henry

Communications
Tuesday, January 16, 2024 AGENDA Page 24
343. David Davis
344. Diana Bohn
345. Judd
346. Abigail Tolby
347. Mikelle Emanuel-Shoham
348. Roxana Dhada
349. Karin Vosgueritchian
350. Dorthea Dorenz (2)
351. Amodini Choudhary
352. Desmid Lyon
353. Olivia Lapinsky
354. Eyyad Haddad
355. Janice Schroeder
356. Muniba Ahmed
357. Felisa Simon
358. Amber Yada
359. Yossi Fendel
360. Arushi Kalam
361. Eyman Elzarka
362. Leslie Valas
363. Samira
364. Zachary Weed
365. Phoebe Thomas Sorgen
366. Yoel Kahn
367. Anthony Stone
368. Dhoha Bareche
369. Bruce Feingold
370. Michelle Brenner
371. Thomas Luce
372. Sophia Elkin
373. Denah Bookstein
374. Somaya Abdelgany
375. Georgia Maslowski
376. Madeeha Khan
377. Anne Ellis
378. Rachel Gita Schiff
379. Jan Leuin
380. Rabbi Chai Levy
381. Milo Anjelo
382. Yael Chaver
383. Amy Gordon Risz
384. Baruch Kadish
385. Alison Griffith
386. Arbel Shemesh
387. Igor Tregub
388. Jane Diamond

Communications
Tuesday, January 16, 2024 AGENDA Page 25
389. Michelle Brenner
390. Barbara Schick
391. Ann Garrison
392. Hind Eliyan
393. Iris Greenberg-Smith
394. Aharon Hochbaum
395. Kay Englund
396. Karen Weil
397. Elsa Tranter
398. Dorit Hochbaum
399. Joan Wagger
400. Bobbie Steinhart
401. Josh Greenbaum
402. Ory Sandel
403. Judith Breakstone
404. Oleg Ivanov
405. Susanne DeWitt
406. Ayana Davis
407. Madeline Feingold
408. Skye Lovett
409. Jo Ilfeld
410. Lois Wolf
411. Sally Nelson
412. Dor Abrahamson
413. Nimrod Pitsker Ellas
414. Terry Friedkin
415. Kaeilyn Moss
416. Judy Chess
417. Mark Morris
418. Nancy Klein
419. John Citron
420. Benjamin Fleischman
421. David Kafton
422. Steven Segal
423. Jerry Berkman
424. Ditsa Pines
425. Charles and Deborah Koppelman
426. Saturn McCoy
427. Felisa Simon
428. Gabriela Kipnis
429. Howard Miller
430. Eli Dsko
431. Susanne DeWitt
432. Robert Bonem
433. William Rosen
434. Alan Kittner

Communications
Tuesday, January 16, 2024 AGENDA Page 26
435. Chloe Novak
436. Gabriela Kipnis
437. Stanley Wulf
438. Gabriella Kellerman
439. Jeff Stein
440. Birger Stamperdahl
441. Noga Alon
442. David Kafton
443. Judy Massarano
444. William Guynn
445. Susan Heitler
446. Soshana Gross
447. Rhoda Agin
448. Ilona Sturm
449. Leslie Valas
450. Elana Auerbach
451. Liron Ouziel
452. Deborah Sosebee
453. Miriam Ferris
454. Marin McCoy
455. Susanne DeWitt
456. Ly Tran
457. Melodee Au
458. Antoinette Siguenza
459. David Socholitzky
460. Coco Kennedy
461. Alex Gumbs
462. Amy Cummings
463. Jules
464. Cierra Cardenas
465. Sylvia
466. Jennifer Fechner
467. Anna Henry
468. Jude Berman
469. Robert Stamper
470. Sofia Pavlova
471. Hagar Scher
472. Riley Abeles
473. Amy Cummings
474. Miriam Barrere
475. Elissa Kittner
476. Dan Fendel
477. Desmid Lyon
478. Kinneret Katz
479. Eids TV
480. Dorothea Dorenz

Communications
Tuesday, January 16, 2024 AGENDA Page 27
481. Deborah Shaw
482. Aliza Elias
483. Joanne Donsky
484. Yafit Shriki-Magidash
485. Paul Lee
486. Marc Sapir
487. Liron Ouizel
488. Jay Park
489. Stephanie Green
490. Helane Zeiger
491. Nicole Chabot
492. Judith Tabb
493. Stefano Schiavon
494. John Rosenberg and Diane Gerstler
495. Jil Geller
496. Laurene Wu McClain
497. Tami Rowen
498. Andrea Cohen
499. Michael TenBrink
500. Andy Hanauer
501. Lean and John Rosenthal
502. Patrice Ignelzi
503. Donna DeDiemar
504. Jim Jones
505. Ben Ringler
506. Alan Shindel
507. Karen Weinstein
508. David Ritvo
509. Rachel Bradley
510. Darya Kavitskaya
511. Denise Resnikoff
512. Jennifer Lewis
513. Rebekah Stern
514. Cassidy Kelly
515. Robert Bonem
516. Hagar Scher
517. Itamar Landau
518. Brian Rosenberg
519. Rachel Gita Schiff
520. Dmitriy Ryaboy
521. Ariel Lev
522. Noga Ravid
523. Isaac Turiel
524. Margery Eriksson and James Nelson
525. Judd Goodman
526. Gary Grimm

Communications
Tuesday, January 16, 2024 AGENDA Page 28
527. Sandy Curtis
528. Colleen Busch
529. Jean Weininger
530. Sherry Smith
531. Lauren Kubiak
532. Gretchen Brandt
533. Mona Bernstein
534. Emily Fox
535. Lisa Miller
536. Phyllis Steiber
537. Norman Postone
538. Iola Vollen
539. Jay Park
540. Fran Haselsteiner
541. Barbara Gilbert
542. Todd Andrew
543. Stephen Woodrow
544. Raphael Goldman
545. Nick and Emily Brod
546. Andrew Bestwick
547. Megan Hall
548. Eric Friedman
549. Ayelet Waldman
550. Peggy Orenstein
551. Michael Bauce
552. Melissa Chapman
553. Marvin Engel
554. Gabrielle Hazan
555. Jaclyn Phi
556. Arthur and Sheila Braufman
557. Luqman Saib
558. Rebecca Perlman
559. Peter Bruce DuMont
560. Chris Koenig
561. Summer Brenner
562. Ly Tran
563. Liberty Schubert
564. Noga Ravid
565. Barryett Enge
566. Leah Amzel
567. Talia Dixon
568. Ilana Pearlman
569. Kim Friedman
570. Mikelle Emanuel Shoham
571. Madeline Pignetti
572. Yoni Brenner

Communications
Tuesday, January 16, 2024 AGENDA Page 29
573. Chris Koenig (2)
574. Sommer Iqbal
575. Karina Sando
576. Bay Area Educators for Palenstine
577. Sally Nelson
578. Isaac Kaplan
579. Tammy Hardin
580. James Tabor
581. Shanna Baron
582. Tal Garner
583. Jason Spangenthal
584. Marcelo Vaz
585. Michael Solorio
586. Michelle Lessans
587. Maryum Styles
588. Michael Steinberg
589. Moni Law
590. Nora Shourd
591. Esther Brass
592. Hillary Kilmnik
593. Roy Elis
594. Shoshana Beary
595. Mark Brody
596. Jennifer Splansky Jester
597. Rachel Factor
598. Jamie Epstein
599. Sara Shendelman
600. Arbel Shemesh
601. Wynd Kaufmyn
602. Rebecca Soffer and Alberto Malvestio
603. Leah Amzel
604. Lindsay Vurek
605. Brett Mendel
606. Stacey Hara
607. Laila Stone
608. Deb Fink
609. Shani Stolero
610. David Davis
611. Mimi Schultz
612. Helmi Abdellatif
613. Kiara Bragg
614. Jaiden Feldman
615. Daniel Milutin
616. Paul Lee
617. Khalid Kishawi
618. Cheryl Davila (2)

Communications
Tuesday, January 16, 2024 AGENDA Page 30
619. Nritkaar Dhesi
620. Berkeley Federation of Teachers
621. Chloe Novak
622. Diana Bohn (2)
623. Amy Cummings
624. Russbumper (2)
625. 41 similarly-worded form letters - “Ceasfire Now”. (Letters are on file at the City Clerk’s Office)
626. 194 similarly-worded form letters - “Demand for the People”. (Letters are on file at the City Clerk’s Office)
627. 323 similarly-worded form letters – “Urgent Appeal”. (Letters are on file at the City Clerk’s Office)
628. 545 similarly-worded form letters – “Urgency Item”. (Letters are on file at the City Clerk’s Office)
629. 2091 similarly-worded form letters – “Vote No”. (Letters are on file at the City Clerk’s Office)

Supplemental Communications and Reports
Items received by the deadlines for submission will be compiled and distributed as follows. If no items are received by the deadline, no supplemental packet will be compiled for said deadline.

• Supplemental Communications and Reports 1
Available by 5:00 p.m. five days prior to the meeting.

• Supplemental Communications and Reports 2
Available by 5:00 p.m. the day before the meeting.

• Supplemental Communications and Reports 3
Available by 5:00 p.m. two days following the meeting.

Ordinance No. 7,892-N.S. Page 1 of 8
ORDINANCE NO. 7,892-N.S.

AMENDING THE ANNUAL APPROPRIATIONS ORDINANCE NO. 7,879–N.S. FOR FISCAL YEAR 2024
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That the Annual Appropriations Ordinance based on the budget for FY 2024 submitted by the City Manager and passed by the City Council be amended as follows and as summarized in Exhibit A:

A. General Fund (Funds 001-099) 336,104,637
B. Special Funds (Funds 100-199) 174,417,654
C. Grant Funds (Funds 300-399) 102,695,009
D. Capital Projects Funds (Funds 500-550) 106,415,056
E. Debt Service Fund (Funds 551-599) 13,363,356
F. Enterprise Funds (Funds 600-669) 190,692,317
G. Internal Service Funds (Funds 146, 670-699) 61,386,668 H. Successor Agency (Funds 760-769) 57,120
I. Agency Funds (Funds 771-799) 5,832,143
J. Other Funds (Funds 800-899) 8,023,092
K. Total
Total General Fund 336,104,637
Add: Total Other Than General Fund 662,882,414
Gross Revenue Appropriated 998,987,051
Less: Dual Appropriations -59,543,749
Less: Revolving/Internal Service Funds -61,386,668
Net Revenue Appropriated 878,056,634

Ordinance No. 7,892-N.S. Page 2 of 8
Section 2. The City Manager is hereby permitted, without further authority from the City Council, to make the following transfers by giving written notice to the Director of Finance:
a. From the General Fund to the General Fund – Stability Reserve Fund; Catastrophic Reserve Fund; Paramedic Tax Fund; Health State Aid Realignment; Fair Election Fund; Capital Improvement Fund; Phone System Replacement; Equipment Replacement Fund; Public Liability Fund; Catastrophic Loss Fund; Police Employee Retiree Health Assistance Plan; Safety Members Pension Fund; and Sick Leave Entitlement Fund.
b. To the General Fund from the General Fund – Stability Reserves Fund; Catastrophic Reserves Fund; Community Development Block Grant Fund; Street Lighting Assessment District Fund; Zero Waste Fund; Marina Operations and Maintenance Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Permit Service Center Fund; Parking Meter Fund; Unified Program (CUPA); IT Cost Allocation Fund; and Health State Aid Realignment Fund. c. To the First Source Fund from the Parks Tax Fund; Capital Improvement Fund; and the Marina Fund.

d. From Gilman Sports Field Fund to Gilman Field Reserve Fund e. From Measure FF Fund to Paramedic Tax Fund.
f. From the American Rescue Plan Fund to the General Fund; Sports Field Fund; Playground Camp Fund; Marina Fund; Off-Street Parking Fund; and Parking Meter Fund.
g. From Capital Improvement Fund to PERS Savings Fund; Berkeley Repertory Theater Fund; and 2010 COP (Animal Shelter) Fund.
h. To the Public Art Fund from the Parks Tax Fund; Capital Improvement Fund; and the Marina Fund.
i. To CFD#1 District Fire Protection Bond (Measure Q) from Special Tax Bonds CFD#1 ML-ROOS.
j. To Private Sewer Lateral Fund from Sanitary Sewer Operation Fund. k. To Catastrophic Loss Fund from Permit Service Center Fund. l. To Catastrophic Loss Fund from Unified Program (CUPA) Fund. m. To the Building Purchases and Management Fund from General Fund; Health (General) Fund; Rental Housing Safety Program Fund; Measure B Local Streets & Road Fund; Employee Training Fund; Zero Waste Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Permit Service Center Fund; Off Street Parking Fund; Parking Meter Fund; Unified Program (CUPA) Fund; Building

Ordinance No. 7,892-N.S. Page 3 of 8
Purchases & Management Fund; Building Maintenance Fund; Central Services Fund; and Health State Aide Realignment Trust Fund.
n. To Equipment Replacement Fund from General Fund; Mental Health Services Act Fund; Health (Short/Doyle) Fund; Vector Control Fund; Paramedic Tax Fund; Playground Camp Fund; State Transportation Tax Fund; Rental Housing Safety Program Fund; Parks Tax Fund; Street Light Assessment District Fund; Zero Waste Fund; Marina Operations/Maintenance Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Permit Service Center Fund; Parking Meter Fund; Equipment Maintenance Fund; Building Maintenance Fund; and Central Services Fund.
o. To the Equipment Maintenance Fund from General Fund; Health (General) Fund; Mental Health Services Act Fund; Health (Short/Doyle) Fund; Vector Control Fund; Paramedic Tax Fund; Library - Discretionary Fund; Playground Camp Fund; State Transportation Tax Fund; Rental Housing Safety Program Fund; Rent Stabilization Board Fund; Parks Ta Fund; Street Light Assessment District Fund; FEMA Fund; Zero Waste Fund; Marina Operations/Maintenance Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Permit Service Center Fund; Off Street Parking Fund; Parking Meter Fund; Equipment Maintenance Fund; Building Maintenance Fund; and Central Services Fund.
p. To the Building Maintenance Fund from the General Fund; Health (General) Fund; Health (Short/Doyle) Fund; Measure B Local Street & Road Fund; Parks Tax Fund; Street Light Assessment District Fund; Zero Waste Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Off Street Parking Fund; Parking Meter Fund; Equipment Maintenance Fund; Building Maintenance Fund; and Mental Health State Aid Realignment Fund.
q. To the Central Services Fund from the General Fund; First Source Fund; Health (Short/Doyle) Fund; Library-Discretionary Fund; Playground Camp Fund; Rent Stabilization Board Fund; Zero Waste Fund; Marina Operations/Maintenance Fund; Sanitary Sewer Operation; Building Purchases & Management Fund; Building Maintenance Fund; Central Services Fund; and Mental Health State Aid Realignment Fund.
r. To Information Technology Cost Allocation Plan Fund from General Fund; Target Case Management/Linkages Fund; Health (Short/Doyle); Library Fund; Playground Camp Fund; State Transportation Tax Fund; CDBG Fund; Rental Housing Safety Program; Rent Stabilization Board Fund; Parks Tax Fund; Street Light Assessment District Fund; Zero Waste Fund; Marina Operations/Maintenance Fund; Sanitary Sewer Operation; Clean Storm Water Fund; Permit Service Center Fund; Off Street Parking Fund; Parking Meter Fund; Unified Program (CUPA) Fund; Equipment Maintenance Fund; Building Maintenance Fund; Information Technology Cost Allocation Plan Fund; Health

Ordinance No. 7,892-N.S. Page 4 of 8
State Aid Realignment Trust Fund; and Mental Health State Aid Realignment Fund.
s. To the Workers' Compensation Self-Insurance Fund from General Fund; Special Tax for Severely Disabled Measure E Fund; First Source Fund; HUD Fund; ESGP Fund; Health (General) Fund; Target Case Management/Linkages Fund; Mental Health Service Act Fund; Health (Short/Doyle) Fund; EPSDT Expansion Proposal Fund; Senior Nutrition (Title III) Fund; C.F.P. Title X Fund; Fund Raising Activities Fund; Berkeley Unified School District Grant; Vector Control Fund; Paramedic Tax Fund; Alameda County Grants Fund; Senior Supportive Social Services Fund; Family Care Support Program Fund; Domestic Violence Prevention – Vital Statistics Fund; Affordable Housing Mitigation; Inclusionary Housing Program; Library – Discretionary Fund; Playground Camp Fund; Community Action Program Fund; State Proposition 172 Public Safety Fund; State Transportation Tax Fund; CDBG Fund; Rental Housing Safety Program; Measure B Local State & Road Fund; Measure B Bike & Pedestrian Fund; Measure B – Paratransit Fund; Measure F Alameda County Vehicle Registration Fee Streets & Roads Fund; Measure BB – Paratransit Fund; Fair Election Fund; Measure U1 Fund; One-Time Grant: No Cap Expense Fund; Rent Stabilization Board Fund; Parks Tax Fund; Measure GG – Fire Prep Tax Fund; Street Lighting Assessment District Fund; Employee Training Fund; Private Percent – Art Fund; Measure T1 – Infrastructure & Facilities Fund; FUND$ Replacement Fund; Capital Improvement Fund; FEMA Fund; CFD #1 District Fire Protect Bond Fund; Special Tax Bonds CFD#1 ML-ROOS Fund; Shelter+Care HUD Fund; Shelter+Care County Fund; Zero Waste Fund; Marina Operations/Maintenance Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Private Sewer Lateral Fund; Permit Service Center Fund; Off-Street Parking Fund; Parking Meter Fund; Unified Program (CUPA) Fund; Building Purchases & Management Fund; Equipment Replacement Fund; Equipment Maintenance Fund; Building Maintenance Fund; Central Services Fund; Workers’ Compensation Fund; Public Liability Fund; Information Technology Cost Allocation Plan Fund; Health State Aid Realignment Trust Fund; Tobacco Control Trust Fund; Mental Health State Aid Realignment Fund; Alameda Abandoned Vehicle Abatement Authority; and Bio-Terrorism Grant Fund.
t. To the Sick Leave and Vacation Leave Accrual Fund from General Fund; Special Tax for Severely Disabled Measure E Fund; First Source Fund; HUD Fund; ESGP Fund; Health (General) Fund; Target Case Management/Linkages Fund; Mental Health Service Act Fund; Health (Short/Doyle) Fund; EPSDT Expansion Proposal Fund; Senior Nutrition (Title III) Fund; C.F.P. Title X Fund; Fund Raising Activities Fund; Berkeley Unified School District Grant; Vector Control Fund; Paramedic Tax Fund; Alameda County Grants Fund; Senior Supportive Social Services Fund; Family Care Support Program Fund; Domestic Violence Prevention – Vital Statistics Fund; Affordable Housing Mitigation; Inclusionary Housing Program; Library – Discretionary Fund; Playground Camp Fund; Community Action Program Fund; State Proposition 172 Public Safety Fund; State Transportation Tax Fund; CDBG Fund; Rental Housing Safety Program; Measure B Local State & Road

Ordinance No. 7,892-N.S. Page 5 of 8
Fund; Measure B Bike & Pedestrian Fund; Measure B – Paratransit Fund; Measure F Alameda County Vehicle Registration Fee Streets & Roads Fund; Measure BB – Paratransit Fund; Fair Election Fund; Measure U1 Fund; One-Time Grant: No Cap Expense Fund; Rent Stabilization Board Fund; Parks Tax Fund; Measure GG – Fire Prep Tax Fund; Street Lighting Assessment District Fund; Employee Training Fund; Private Percent – Art Fund; Measure T1 – Infrastructure & Facilities Fund; FUND$ Replacement Fund; Capital Improvement Fund; FEMA Fund; CFD #1 District Fire Protect Bond Fund; Special Tax Bonds CFD#1 ML-ROOS Fund; Shelter+Care HUD Fund; Shelter+Care County Fund; Zero Waste Fund; Marina Operations/Maintenance Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Private Sewer Lateral Fund; Permit Service Center Fund; Off-Street Parking Fund; Parking Meter Fund; Unified Program (CUPA) Fund; Building Purchases & Management Fund; Equipment Replacement Fund; Equipment Maintenance Fund; Building Maintenance Fund; Central Services Fund; Workers’ Compensation Fund; Public Liability Fund; Information Technology Cost Allocation Plan Fund; Health State Aid Realignment Trust Fund; Tobacco Control Trust Fund; Mental Health State Aid Realignment Fund; Alameda Abandoned Vehicle Abatement Authority; and Bio-Terrorism Grant Fund.
u. To the Payroll Deduction Trust Fund from General Fund; Special Tax for Severely Disabled Measure E Fund; First Source Fund; HUD Fund; ESGP Fund; Health (General) Fund; Target Case Management/Linkages Fund; Mental Health Service Act Fund; Health (Short/Doyle) Fund; EPSDT Expansion Proposal Fund; Senior Nutrition (Title III) Fund; C.F.P. Title X Fund; Fund Raising Activities Fund; Berkeley Unified School District Grant; Vector Control Fund; Paramedic Tax Fund; Alameda County Grants Fund; Senior Supportive Social Services Fund; Family Care Support Program Fund; Domestic Violence Prevention – Vital Statistics Fund; Affordable Housing Mitigation; Inclusionary Housing Program; Library – Discretionary Fund; Playground Camp Fund; Community Action Program Fund; State Proposition 172 Public Safety Fund; State Transportation Tax Fund; CDBG Fund; Rental Housing Safety Program; Measure B Local State & Road Fund; Measure B Bike & Pedestrian Fund; Measure B – Paratransit Fund; Measure F Alameda County Vehicle Registration Fee Streets & Roads Fund; Measure BB – Paratransit Fund; Fair Election Fund; Measure U1 Fund; One-Time Grant: No Cap Expense Fund; Rent Stabilization Board Fund; Parks Tax Fund; Measure GG – Fire Prep Tax Fund; Street Lighting Assessment District Fund; Employee Training Fund; Private Percent – Art Fund; Measure T1 – Infrastructure & Facilities Fund; FUND$ Replacement Fund; Capital Improvement Fund; FEMA Fund; CFD #1 District Fire Protect Bond Fund; Special Tax Bonds CFD#1 ML-ROOS Fund; Shelter+Care HUD Fund; Shelter+Care County Fund; Zero Waste Fund; Marina Operations/Maintenance Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Private Sewer Lateral Fund; Permit Service Center Fund; Off-Street Parking Fund; Parking Meter Fund; Unified Program (CUPA) Fund; Building Purchases & Management Fund; Equipment Replacement Fund; Equipment Maintenance Fund; Building Maintenance Fund; Central Services Fund; Workers’ Compensation Fund; Public Liability Fund; Information Technology Cost Allocation

Ordinance No. 7,892-N.S. Page 6 of 8
Plan Fund; Health State Aid Realignment Trust Fund; Tobacco Control Trust Fund; Mental Health State Aid Realignment Fund; Alameda Abandoned Vehicle Abatement Authority; and Bio-Terrorism Grant Fund.

Section 3. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of Council Chambers, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

At a regular meeting of the Council of the City of Berkeley held on December 12, 2023, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: None.

Absent: None.

Ordinance No. 7,892-N.S. Page 7 of 8
Attachment for Annual Appropriations Ordinance - Fiscal Year 2024

REVOLVING FUNDS/INTERNAL SERVICE FUNDS
Appropriations are identified with revolving and internal service funds. Such funds derive revenue by virtue of payment from other fund sources as benefits are received by such funds, and the total is reflected in the "Less Revolving Funds and Internal Service Funds" in item I. The funds are:

Revolving/Internal Service Funds
Employee Training Fund 965,714
Equipment Replacement Fund 10,941,342
Equipment Maintenance Fund 10,002,972
Building Maintenance Fund 5,147,045
Central Services Fund 418,963
Workers' Compensation Fund 6,809,961
Public Liability Fund 4,852,080
22,248,591
Subtotal Revolving/Internal Service Funds 61,386,668$
Dual Appropriations
Transfers to the General Fund
Indirect Cost Reimbursement
CDBG Fund 176,194
Street Light Assessment District Fund 169,639
One-Time Grant: No Cap Exp 95,000
Zero Waste Fund 2,827,863
Marina Enterprise Fund 423,813
Sanitary Sewer Fund 1,391,256
Clean Storm Water Fund 245,033
Permit Service Center Fund 2,204,064
Unified Program (CUPA) Fund 86,575
Subtotal Transfers to General Fund: 7,619,437$
Information Technology Fund

Ordinance No. 7,892-N.S. Page 8 of 8
Transfer to Safety Members Pension Fund from General Fund 551,804 5,900,000
Transfer to PERS Savings Fund from General Fund 2,000,000 Transfer to Health State Aid Realignment from General Fund 1,953,018 Transfer to Fair Election Fund from General Fund 612,210 Transfer to Capital Improvement Fund (CIP) from General Fund 18,370,905 449,408
Transfer to Equipment Replacement Fund from General Fund 1,081,699 Transfer to Public Liability Fund from General Fund 3,895,888 Transfer to Catastrophic Loss Fund from General Fund 6,278,457 Transfer to IT Cost Allocation Fund from General Fund 71,335 400,136
Transfer to Sick Leave Entitlement Fund from General Fund 201,501 Transfer to General Fund from Health State Aid Realignment Fund 2,643,280 757,925
3,255,743
Transfer from CIP Fund to PERS Savings Fund 151,632
499,802
Transfer from CIP Fund to 2010 COP (Animal Shelter) Fund 402,613 90,501
50,555
5,082
Transfer to General Fund from Parking Meter Fund 1,742,288 450,613
Transfer to First Source Fund from Parks Tax Fund 6,675 Transfer to First Source Fund from Capital Improvement Fund 29,943 Transfer to First Source Fund from Marina Fund 2,625
Transfer to Public Art Fund from Parks Tax Fund 11,681
Transfer to Public Art Fund from Capital Improvement Fund 52,400 Transfer to Public Art Fund from Marina Fund 4,594
Subtotal Transfers to Other Funds: 51,924,313
Sub-Total Dual Appropriations 59,543,749$
Grand Total Dual Appropriations 120,930,417$
Transfer to Phone System Replacement - VOIP from General Fund Transfer to Police Employee Retiree Health Assistance Plan from General Fund Transfer to General Fund from IT Cost Allocation Fund
Transfer to Catastrophic Loss Fund from Permit Service Center Fund Transfer to Catastrophic Loss Fund from Unified Program (CUPA) Fund Transfer to Private Sewer Lateral Fund from Sewer Fund
Transfer to Berkeley Repertory Theater Debt Service Fund from CIP Fund Transfer to Measure U1 Fund from General Fund
Transfer to Paramedic Tax Fund from Measure FF - Public Safety Fund Transfer to General Fund from Amercian Rescue Plan Fund

EXHIBIT A
Encumbered Unencum. Other Total FY 2024
ERMA
Fund # Fund
FY 2024
Adopted
Rollovers Carryovers Adjustments Amend. Revised #1
11 General Fund Discretionary 276,548,969 16,752,951 12,523,938 20,763,498 50,040,387 326,589,356 16 Measure U1 - Housing 7,027,248 1,079,379 - 1,000,000 2,079,379 9,106,627 17 Climate Equity - 171,988 236,666 - 408,654 408,653.90 101 Library - Tax 24,642,865 1,307,149 - - 1,307,149 25,950,014 103 Library - Grants 67,526 4,362 - 34,665 39,027 106,554 104 Library - Friends & Gift 150,000 3,588 - 25,000 28,588 178,588 105 Library - Foundation 200,000 9,157 - - 9,157 209,157 106 Asset Forefeiture 201,000 - - - - 201,000 107 Special Tax Measure E 1,673,845 - - - - 1,673,845 108 First Source Fund 57,676 - - - - 57,676 110 Sec 108 Loan Gty Asst. 587,612 - - - - 587,612 111 Fund Raising Activities 64,048 800 - 38,500 39,300 103,348 113 Gilman Sports Field 297,279 34,722 - 12,000 46,722 344,001 115 Animal Shelter 52,480 11,459 - - 11,459 63,939 116 Paramedic Tax 4,981,166 1,203 - - 1,203 4,982,370 117 CA Energy Commission - 44,249 - - 44,249 44,249.13 119 Domestic Violence Prev - Vit Stat 26,635 - - - - 26,635 120 Affordable Housing Mitigation 2,998,899 3,185,333 - 10,341,497 13,526,830 16,525,729 121 Affordable Child Care 13,275 16,593 - - 16,593 29,868 122 Inclusionary Housing Program 610,282 34 - - 34 610,316
123 Condo Conversion 122,348 - - - - 122,348 125 Playground Camp 3,614,269 849,218 918,429 258,000 2,025,647 5,639,916 126 State-Prop 172 Pub.Safety 442,387 53,494 - 1,500,000 1,553,494 1,995,881 127 State Transportation Tax 5,868,962 1,612,190 2,590,126 100,000 4,302,316 10,171,278 128 CDBG 4,792,214 2,232,550 1,138,799 142,248 3,513,598 8,305,812 129 Rental Housing Safety Program 2,356,542 8,015 33,000 - 41,015 2,397,557 130 Measure B - Local St & Road 21,958 227,724 1,038,909 1,380,537 2,647,170 2,669,128 131 Measure B - Bike & Pedestrian - 6,438 14,473 - 20,911 20,911 132 Measure B - Paratransit 36,797 14,371 - - 14,371 51,168 133 Measure F Alameda County VRF St & Rd 968,796 527,168 893,673 - 1,420,841 2,389,637 134 Measure BB - Local St & Road 10,085,614 4,255,172 5,861,638 - 10,116,810 20,202,424 135 Meaure BB - Bike & Pedestrian 1,484,882 431,126 833,289 - 1,264,415 2,749,297 136 Measure BB - Paratransit 969,418 91,991 57,052 - 149,043 1,118,461 137 One Time Funding - 19,080 - 50,000 69,080 69,080 138 Parks Tax 15,963,245 1,689,977 905,546 1,708,969 4,304,492 20,267,736 139 Streets and Open Space Improvement (SOSIP) 200,000 - - - - 200,000 140 Measure GG - Fire Prep Tax 5,898,307 195,170 - 800,000 995,170 6,893,477 142 Streetlight Assesment District 3,217,318 709,419 552,194 200,000 1,461,613 4,678,931 143 Berkeley Bus Ec Dev 156,387 22,926 - - 22,926 179,313 145 Bayer - 943 - 163,000 163,943 163,943 146 Employee Training 851,401 94,313 20,000 - 114,313 965,714 147 UC Settlement 4,931,696 780,888 2,026,277 - 2,807,165 7,738,861 148 Cultural Trust 110,372 109,555 - 1,585,000 1,694,555 1,804,927 149 Private Party Sidewalks 100,000 525,000 175,000 700,000 1,400,000 1,500,000 150 Public Art Fund 118,718 5,500 - - 5,500 124,218 152 Vital & Health Statistics Trust Fund 30,292 25,628 - - 25,628 55,921 156 Hlth State Aid Realign Trust 3,947,649 - - 169,028 169,028 4,116,677 157 Tobacco Cont.Trust 300,243 5 31,200 60,659 91,864 392,108 158 Mental Health State Aid Realign 4,031,749 626,373 - 253,424 879,797 4,911,547 159 Citizens Option Public Safety Trust 272,292 - - 150,000 150,000 422,292 161 Alameda Cty Abandoned Vehicle Abatement 128,168 3,399 3,399 131,567 164 Meas
ure FF 8,848,412 952,718 825,000 1,777,718 10,626,130 165 Fair Elections 612,210 - - 612,210 301 Operating Grants - Federal 130,186 - - 130,186 302 Operating Grants - State 976,688 1,180,652 109,276 1,125,036 2,414,964 3,391,652 305 Capital Grants - Federal - 84,915 7,614,496 - 7,699,411 7,699,411 306 Capital Grants - State 750,000 61,219 2,013,074 - 2,074,293 2,824,293 307 Capital Grants - Local 100,000 1,609,588 711,842 5,143,685 7,465,115 7,565,115 309 OTS DUI Enforcement Education Prg. 137,060 - - 269,000 269,000 406,060 310 HUD/Home 819,770 183,783 - 71,575 255,358 1,075,128 311 ESGP 273,659 305,125 205,537 510,662 784,321 312 Health (General) 2,216,057 11,022 861 1,356,824 1,368,706 3,584,763 313 Target Case Management Linkages 1,046,552 49,501 - 298,389 347,890 1,394,442 314 Alameda County Tay Tip 35,812 - - - - 35,812 315 Mental Health Service Act 10,792,336 1,847,961 - 2,883,866 4,731,827 15,524,162 316 Health (Short/Doyle) 6,504,323 420,177 1,520,000 1,940,177 8,444,500 317 EPSDT Expansion Proposal 459,456 - - 459,456 318 Alcoholic Bev Ctr OTS/UC 55,639 - - 55,639 319 Youth Lunch 69,820 158,894 158,894 228,714 320 Sr. Nutrition Title III 178,189 98 25,149 35,384 60,631 238,820 321 CFP Title X 160,967 790 790 161,757 324 BUSD Grant 363,548 - - 363,548 325 Vector Control 246,781 9,792 - 131,468 141,260 388,041 1st AAO

SUMMARY OF APPROPRIATIONS BY FUND

EXHIBIT A
Encumbered Unencum. Other Total FY 2024
ERMA
Fund # Fund
FY 2024
Adopted
Rollovers Carryovers Ad justments Amend. Revised #1
1st AAO

SUMMARY OF APPROPRIATIONS BY FUND
326 Alameda County Grants 777,675 850 - 153,949 154,800 932,475 327 Senior Supportive Social Services 124,403 - 21,992 56,803 78,795 203,198 328 Family Care Support Program 88,321 - 26,048 73,815 99,863 188,184 329 CA Integrated Waste Management 5,244 779 779 6,023 331 Housing Mitigation 1,126,763 319,879 319,879 1,446,642 333 CALHOME 363,100 - - 363,100 334 Community Action 281,777 42,117 42,117 323,894 336 One-Time Grant: No Cap Exp 6,999,778 6,681,987 2,083,092 7,435,351 16,200,429 23,200,207 339 MTC 752,827 194,122 194,122 946,949 340 FEMA 959,325 234,975 72,417 - 307,392 1,266,717 341 Alameda Cty Waste Mgt. 345,000 32,773 32,773 377,773 343 State Dept Conserv/Recylg 32,000 - - 32,000 344 Caltrans Grant - 18,604 38,897 - 57,501 57,501 347 Shelter+Care HUD 6,461,774 1,591 - 78,518 80,109 6,541,883 348 Shelter+Care County 906,212 - - 906,212 349 JAG Grant 55,650 - - 55,650 350 Bioterrorism Grant 315,162 42,215 336,386 22,273 400,874 716,036 354 ARPA - Local Fiscal Recovery Fund 3,647,011 4,408,865 1,318,868 1,000,000 6,727,733 10,374,744 501 Capital Improvement Fund 22,993,379 7,933,891 17,569,472 - 25,503,363 48,496,742 502 Phone System Replacement 449,408 24,864 203,450 228,314 677,722 503 FUND$ Replacement 3,372,446 954,101 954,101 4,326,547 504 PEG-Public, Education & Government 100,000 - - 100,000 506 Measure M - St and Watershed Improvement - - 922,759 - 922,759 922,759 511 Measure T1 - Infra & Facil. 18,091,805 5,776,112 14,528,528 1,608,280 21,912,920 40,004,725 512 Measure O 6,445,567 5,159,577 281,417 - 5,440,994 11,886,561 552 09 Measure FF Debt Service 1,337,638 - - 1,337,638 553 2015 GORBS 2,047,259 - - 2,047,259 554 2012 Lease Revenue Bonds BJPFA 499,820 - - 499,820 555 2015 GORBS - 2002 G.O. Refunding Bonds 378,696 - - 378,696 556 2015 GORBS (2007, Series A) 142,540 - - 142,540 557 2015 GORBS (2008 Measure I) 480,184 - - 480,184 558 2010 COP (Animal Shelter) 140,085 - - 140,085 559 Measure M GO Street & Water Imps 1,630,863 - - 1,630,863 560 Infrastucture & Facilities Measure T1 4,699,006 - - 4,699,006 561 Measure O - Housing Bonds 2,007,265 - - 2,007,265 601 Zero Waste 59,489,630 3,571,436 23,500 - 3,594,936 63,084,566 606 Marina - Coastal Conservancy - - - 6,009,900 6,009,900 6,009,900 607 Marina - Dept of Boating & Waterway - 18,250 250 60,000 78,500 78,500 608 Marina Operation 8,027,559 1,824,576 882,412 145,735 2,852,723 10,880,282 611 Sewer 32,561,256 15,875,929 1,658,403 - 17,534,332 50,095,588 612 Private Sewer Lateral FD 80,417 - - - - 80,417 616 Clean Storm Water 6,111,869 313,276 2,660,620 - 2,973,896 9,085,765 621 Permit Service Center 25,508,236 1,965,689 - 132,935 2,098,623 27,606,859 622 Unified Program (CUPA) 849,669 1,687 31,073 - 32,760 882,429 627 Off Street Parking 6,940,920 974,799 - - 974,799 7,915,719 631 Parking Meter 10,250,256 844,703 69,835 - 914,538 11,164,794 636 Building Purchases and Management 3,697,419 110,080 110,080 3,807,499 671 Equipment Replacement 6,300,512 4,640,830 4,640,830 10,941,342 672 Equipment Maintenance 9,296,717 706,255 706,255 10,002,972 673 Building Maintenance Fund 4,627,672 219,373 - 300,000 519,373 5,147,045 674 Central Services 392,741 26,222 26,222 418,963 676 Workers Compensation 6,467,536 - 342,425 - 342,425 6,809,961 678 Pu
blic Liability 3,802,945 1,049,135 1,049,135 4,852,080 680 Information Technology 17,311,329 2,056,462 2,880,799 4,937,261 22,248,591 762 Successor Agency - Savo DSF 57,120 - - 57,120 776 Thousand Oaks Underground 98,448 - - 98,448 777 Measure H - School Tax 500,000 2 2 500,002 778 Measure Q - CFD#1 Dis. Fire Protect Bond 988,982 11,421 11,421 1,000,403 779 Spl Tax Bds. CFD#1 ML-ROOS 775,623 - - 775,623 781 Berkeley Tourism BID 697,882 - - 196,097 196,097 893,979 782 Elmwood Business Improvement District 30,000 1,483 - 28,668 30,151 60,151 783 Solano Ave BID 25,000 - - 13,852 13,852 38,852 784 Telegraph Avenue Bus. Imp. District 583,315 - - 170,557 170,557 753,872 785 North Shattuck BID 210,363 - - 97,460 97,460 307,823 786 Downtown Berkeley Prop & Improv. District 1,383,139 - - 19,852 19,852 1,402,991 801 Rent Board 7,506,460 516,632 - - 516,632 8,023,092 GROSS EXPENDITURE: 728,631,293 111,172,378 86,277,549 72,905,832 270,355,759 998,987,051 Dual Appropriations (58,350,511) - - - - (59,543,749) Revolving & Internal Service Funds (49,050,853) (8,698,277) (3,223,224) (300,000) (12,221,502) (61,386,668)

NET EXPENDITURE: 621,229,929 102,474,100 83,054,324 72,605,832 258,134,257 878,056,634

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

CONSENT CALENDAR
January 16, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Mark Numainville, City Clerk
Subject: Minutes for Approval

RECOMMENDATION
Approve the minutes for the Council meetings of November 20, 2023 (special closed), December 5, 2023 (regular) and December 12 (special and regular).

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

1. November 20, 2023 – Special Closed Council Meeting

2. December 5, 2023 – Regular Council Meeting

3. December 12, 2023 – Special Council Meeting

4. December 12, 2023 – Regular Council Meeting

Monday, November 20, 2023 MINUTES Page 1

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

S P E C I A L M E E T I N G M I N U T E S
MONDAY, NOVEMBER 20, 2023
4:30 P.M.

REDWOOD ROOM – 2180 MILVIA STREET, BERKELEY, CA 94704
TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY, CA 94708 TELECONFERENCE LOCATION - 1619 EDITH STREET, BERKELEY, CA 94703 TELECONFERENCE LOCATION - 37238 HUCKABY LANE, MURRIETA, CA 92562

JESSE ARREGUIN, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – RIGEL ROBINSON
DISTRICT 4 – KATE HARRISON DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in-person attendance and virtual participation.

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

Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL: https://cityofberkeley- info.zoomgov.com/j/1606038125. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID:
160 603 8125. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair. Please be mindful that the meeting will be recorded.

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

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953 and applicable Executive Orders as issued by the Governor that are currently in effect. Any member of the public may attend this meeting. Questions regarding public participation may be addressed to the City Clerk Department (510) 981-6900. The City Council may take action related to any subject listed on the Agenda.

Pursuant to the City Council Rules of Procedure and State Law, the presiding officer may remove, or cause the removal of, an individual for disrupting the meeting. Prior to removing an individual, the presiding officer shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The presiding officer may then remove the individual if they do not promptly cease their disruptive behavior. “Disrupting” means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, a failure to comply with reasonable and lawful regulations adopted by a legislative body, or engaging in behavior that constitutes use of force or a true threat of force.

Attachment 1

Monday, November 20, 2023 MINUTES Page 2
Preliminary Matters
Roll Call: 4:38 p.m.

Present: Bartlett, Harrison, Hahn, Wengraf, Robinson, Humbert, Arreguin

Absent: Kesarwani, Taplin
Public Comment - Limited to items on this agenda only – 1 speaker CLOSED SESSION:

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

1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957(b):
a. Title of position to be evaluated: City Attorney
Action: No reportable action taken.

OPEN SESSION:

No reportable action taken.

Adjournment
Adjourned at 5:07 p.m.

I hereby certify that the foregoing is a true and correct record of the closed session meeting held on November 20, 2023.
________________________
Mark Numainville, City Clerk

Tuesday, December 5, 2023 Minutes Page 1

MINUTES

BERKELEY CITY COUNCIL MEETING
Tuesday, December 5, 2023
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY 94708

JESSE ARREGUIN, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – RIGEL ROBINSON
DISTRICT 4 – KATE HARRISON DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in-person attendance and virtual participation. If you are feeling sick, please do not attend the meeting in person.

Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33) and via internet accessible video stream at http://berkeley.granicus.com/MediaPlayer.php?publish_id=1244.

Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL: https://cityofberkeley- info.zoomgov.com/j/1612629119 To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 161 262 9119. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair. Please be mindful that the meeting will be recorded.

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

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953 and applicable Executive Orders as issued by the Governor that are currently in effect. Any member of the public may attend this meeting. Questions regarding public participation may be addressed to the City Clerk Department (510) 981-6900. The City Council may take action related to any subject listed on the Agenda.

Pursuant to the City Council Rules of Procedure and State Law, the presiding officer may remove, or cause the removal of, an individual for disrupting the meeting. Prior to removing an individual, the presiding officer shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The presiding officer may then remove the individual if they do not promptly cease their disruptive behavior. “Disrupting” means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, a failure to comply with reasonable and lawful regulations adopted by a legislative body, or engaging in behavior that constitutes use of force or a true threat of force.

Attachment 2

Tuesday, December 5, 2023 Minutes Page 2
Preliminary Matters
Roll Call: 6:14 p.m.

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

Absent: Bartlett
Councilmember Bartlett present at 6:16 p.m.

Land Acknowledgement Statement: The City of Berkeley recognizes that the community we live in was built on the territory of xučyun (Huchiun (Hooch-yoon)), the ancestral and unceded land of the Chochenyo (Cho-chen-yo)-speaking Ohlone (Oh-low-nee) people, the ancestors and descendants of the sovereign Verona Band of Alameda County. This land was and continues to be of great importance to all of the Ohlone Tribes and descendants of the Verona Band. As we begin our meeting tonight, we acknowledge and honor the original inhabitants of Berkeley, the documented 5,000-year history of a vibrant community at the West Berkeley Shellmound, and the Ohlone people who continue to reside in the East Bay. We recognize that Berkeley’s residents have and continue to benefit from the use and occupation of this unceded stolen land since the City of Berkeley’s incorporation in 1878. As stewards of the laws regulating the City of Berkeley, it is not only vital that we recognize the history of this land, but also recognize that the Ohlone people are present members of Berkeley and other East Bay communities today. The City of Berkeley will continue to build relationships with the Lisjan Tribe and to create meaningful actions that uphold the intention of this land acknowledgement.

Ceremonial Matters:

1. Recognition of the 35 th Anniversary of the Women’s Daytime Drop-In Center City Manager Comments: None
Public Comment on Non-Agenda Matters: 20 speakers.

Public Comment by Employee Unions: 2 speakers.

Consent Calendar
The Mayor issued a warning that this is a business meeting of the City Council. While the Council accepts public comment at the appropriate time in accordance with its rules of procedure, disruption of the meeting not only violates the City Council Rules of Procedure, the Berkeley Municipal Code, and state codes, but it prevents the Council from conducting the business of this meeting. That may be the intention of those disrupting our meeting, but doing so interferes both with the rights of other residents to participate in government and with the governance of this community. The Mayor finds that chanting and yelling by persons present is disrupting and making it unfeasible for this meeting to proceed.

Accordingly, the Mayor asked attendees who engaged in this disruptive behavior to immediately cease the disruption of this meeting and leave the meeting room. The Mayor advised that if disruptions continue, Council will take action to restore order,

Consent Calendar
Tuesday, December 5, 2023 Minutes Page 3
which may include removal of disruptive persons or reconvening this meeting in another location.

Recess 7:09 p.m. – 7:17 p.m.

The Mayor issued a second attempt to restore order. The Mayor warned that the audience – of which roughly numbered 270 people, who are chanting, yelling, standing on tables, stealing flags from other attendees, and encroaching on the dais area are in violation of the Rules of Procedure, the Berkeley Municipal Code, and state codes. The Mayor determined that the Council was not able to conduct the business of this meeting due to these continued disruptions by members of the audience.

Accordingly, the Mayor asked that attendees who are engaged in this disruptive behavior to immediately cease the disruption of this meeting; otherwise they need to leave the meeting room. The Mayor advised that if disruptions continue, Council will take action to restore order, which may include removal of disruptive persons or reconvening this meeting in another location.

Recess 7:20 p.m. – 7:31 p.m.

Public Comment on Consent Calendar and Information Items Only: 34 speakers.

Action: M/S/C (Arreguin/Humbert) to suspend the rules and adopt temporary rules for the remainder of public comment on the Consent Calendar as follows: 1) there will be a 30- minute period allotted for all remaining comments; 2) speakers may not yield time to other speakers; 3) one-minute limit per speaker.

Vote: All Ayes.

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

Vote: All Ayes.

1. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on December 5, 2023
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval.

Financial Implications: Sewer Fund - $600,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Approved recommendation.

Consent Calendar
Tuesday, December 5, 2023 Minutes Page 4

2. Contract No. 32000060 Amendment: Toshiba Contract for Multi-function Devices
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend the City’s contract with Toshiba (City Contract #32000060) through September 15, 2025, and to approve additional appropriations related for performance of this contract.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted Resolution No. 71,121–N.S.

3. Contract: Intterra for Operations, Pre-Planning, Reporting, and Analytics From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee(s) to enter into a contract and any amendments with Intterra by piggybacking on City of San Diego Contract Number No. 10089896-22-W. The contract will be effective December 18, 2023, through September 30, 2028, the end date of the contract with San Diego, in an amount not to exceed $272,029. Following an extension approved by the City of San Diego, the contract may be extended for up to an additional five (5) years at a cost not to exceed an additional $300,000.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
Action: Adopted Resolution No. 71,122–N.S.

4. Memorandum of Understanding: Berkeley Fire Fighters Association From: City Manager
Recommendation: Adopt a Resolution
1) approving a successor Memorandum of Understanding (hereafter referred to as “MOU”) with the Berkeley Fire Fighters Association (hereafter referred to as the “Union”) for a three-year term from July 1, 2023 through June 30, 2026 and authorizing the City Manager to execute and implement the terms and conditions of employment set forth in the new MOU and to make non-substantive edits to the format and language of the MOU in alignment with the tentative agreement, and conforming to legal requirements; and
2) approving a new Classification and Salary table for BFFA classifications (Representation Unit B) that implement the salary adjustments reflected in the new MOU and supersede prior salary resolutions.

The terms of the proposed 2023-2026 MOU are within the parameters of authority approved by Council in closed session.

Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 71,123–N.S. including supplemental material contained in Supplemental Communications Packet #2 from the City Manager.

Consent Calendar
Tuesday, December 5, 2023 Minutes Page 5

5. Contract No. 32000281 Amendment: ConvergeOne for Avaya Administration, Maintenance and Support.

From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32000281 to increase the spending authority with ConvergeOne (previously named Integration Partners) for Avaya telephone system administration, maintenance and support services increasing the amount by $825,811 for a total not- to-exceed amount of $1,718,633 from July 1, 2020 to June 30, 2025.

Financial Implications: See report
Contact: Kevin Fong, Information Technology, (510) 981-6500 Action: Adopted Resolution No. 71,124–N.S.

6. Contract No. 32000008 (11012) Amendment: Granicus, Inc. for Video Streaming Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32000008 with Granicus, Inc., to continue providing live video streaming, on-demand archival video, podcasting, and web page subscription services, increasing the contract amount by $115,300 for a total not-to-exceed amount of $322,946 from July 1, 2017 to June 30, 2025.

Financial Implications: See report
Contact: Kevin Fong, Information Technology, (510) 981-6500 Action: Adopted Resolution No. 71,125–N.S.

7. Grant Contract: Housing and Urban Development (HUD) for the MLK Youth Services Center Seismic Upgrade Project
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to accept the HUD grant for the MLK Youth Services Center Seismic Upgrade Project in the amount of $750,000, execute any resulting grant agreements and any amendments; and that Council authorize the implementation of the projects and appropriation of funding for related expenses, subject to securing the grants.

Financial Implications: Revenue - $750,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,126 –N.S.

8. Donation from the Friends of the Berkeley Rose Garden From: City Manager
Recommendation: Adopt a Resolution accepting a cash donation from the Friends of the Berkeley Rose Garden in the amount of $5,000 to purchase roses and maintenance yard fence screening for the Berkeley Rose Garden.

Financial Implications: Revenue - $5,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,127–N.S.

Council Consent Items
Tuesday, December 5, 2023 Minutes Page 6

9. Thirteenth Annual Martin Luther King Jr. Celebration: City Sponsorship and Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Fund
From: Mayor Arreguin (Author), Councilmembers Hahn and Wengraf (Co- Sponsors)
Recommendation:

1. Adopt a Resolution co-sponsoring the 13th Annual Martin Luther King Jr.

Celebration on January 15, 2024.

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 13th 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.

Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Adopted Resolution No. 71,128–N.S. (Co-Sponsorship); and Resolution No. 71,129–N.S. (Relinquishment of Funds) revised to include contributions from the following Councilmembers up to the amount listed: Councilmember Harrison - $250; Councilmember Hahn - $250; Councilmember Kesarwani - $100; Councilmember Bartlett - $250; Councilmember Robinson - $150; Councilmember Humbert - $250; Councilmember Taplin - $250; Councilmember Wengraf - $250; Mayor Arreguin - $250.

10. Nancy Skinner Municipal Pier Resolution
From: Councilmember Taplin (Author) and Kesarwani (Co-Sponsor) Recommendation: Refer to the Parks, Recreation, and Waterfront (PRW) Commission a Resolution renaming the Berkeley Municipal Pier in honor of State Senator Nancy Skinner (D-Berkeley) upon its reopening to the public and authorizing the City Manager to update signage and electronic media accordingly; and to return Resolution to Council for final consideration.

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

11. Budget Referral: Refer $273,341 to the November 2023 AAO #1 to Pre-fund the Green Building Program Manager on Permanent Basis
From: Councilmember Harrison (Author)
Recommendation: Refer $273,341 to the November 2023 AAO #1 to pre-fund the Green Building Program Manager position before it expires and thereafter fund it on a permanent basis.

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

Action Calendar – Continued Business
Tuesday, December 5, 2023 Minutes Page 7
A. Refer to the City Manager to Enhance the City’s Deconstruction and Construction Materials Management Enforcement and Regulations and Refer to the AAO #1 Budget Process $250,000 for Social Cost of Carbon Nexus Fee Study for Berkeley Origin Construction and Demolition Debris (Reviewed by the Facilities, Infrastructure, Transportation, Environment & Sustainability Committee) (Continued from November 28, 2023)
From: Councilmember Harrison (Author)
Recommendation:

1. Refer to the City Manager to review and develop enhanced and enforceable City deconstruction and materials management regulations, including the following elements: a. Review of national and international best practices for regulating deconstruction, diversion, recycling, and reuse of construction and demolition materials; b. Integrate deconstruction and construction and enhanced demolition debris management, tracking, and regulation into the Department of Public Works’ Zero Waste Strategic Plan and Transfer Station upgrade as appropriate; c. Policy options for (1) enforcing minimum State diversion and recycling requirements, (2) new deconstruction requirements applicable to all permitted Berkeley projects including defining specific building components that are potentially reusable and requiring an enforceable salvage survey provided by the City, a reuse organization, or other third party approved by the City, (3) potentially implementing a social cost of carbon fee on construction and demolition debris, (4) possible enhancements to minimum statewide diversion goals, (5) comprehensive tracking of the disposition of construction and demolition materials, (6) enhancing diversion from un-permitted projects, and (7) integrating salvageable material into developer project planning and budgeting process and permit application plan set (as opposed to at time of final permitting). d. Background survey on contents of existing building stock to get more data on intended impact and opportunities regarding new deconstruction requirements; vetting of existing service providers (certified salvage contractors and salvage material vendors), markets for salvage materials, a list of approved reuse/salvage facilities; a plan for educating contractors on requirements; and an analysis of the costs of compliance with and implementation of any proposed regulations and analysis of any corresponding impacts on feasibility of new construction.

2. Refer to December 2023 Budget AAO #1 Process $250,000 to conduct a nexus fee study (using the latest academic research, updated damage functions, and low discount rates) for a potential social cost of carbon fee to be applied e.g., to the impact of displacing existing embodied carbon (landfilled construction and demolition debris) and replacement with new embodied carbon. The purpose of the fee is to incentivize reuse and deconstruction, minimize demolition, maximize useful embodied carbon, and fund the City’s ongoing green building work and services.

Policy Committee Recommendation: To refer the revised agenda material with a positive recommendation to Council with the following revisions to the recommendation:

1. Section C.3 to read as follows: “potentially implementing a social cost of carbon fee on construction and demolition debris”.

Action Calendar – Continued Business
Tuesday, December 5, 2023 Minutes Page 8

2. Section D to read as follows: “Background survey on contents of existing building stock to get more data on intended impact and opportunities regarding new deconstruction requirements; vetting of existing service providers (certified salvage contractors and salvage material vendors), markets for salvage materials, a list of approved reuse/salvage facilities; and a plan for educating contractors on requirements; and an analysis of the costs of compliance with and implementation of any proposed regulations and analysis of any corresponding impacts on feasibility of new construction.”
Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140 Action: Item withdrawn from the agenda by Councilmember Harrison.

Action Calendar

12. Budget Referral: Allocate the Existing $900,000 Transportation Network Company (TNC) Tax to Calm Traffic in Vicinity of Derby St., Increase Citywide Traffic Calming Budget, and Establish Ongoing General Fund Allocation Policy for the TNC
From: Councilmembers Harrison (Author) and Taplin (Co-Sponsor) Recommendation: Designate existing $900,000 FY 2024 Transportation Network Company (TNC) Tax allocation as follows:

1. $100,000 in short, medium, and long-term traffic calming measures in the vicinity of 2023 Halloween Derby St. hit-and-run incident involving a minor to include speed tables, highlighting designation of crosswalks, and consideration of a stop sign on Mabel at Carleton and Derby.

2. $25,000 to purchase five additional portable speed radar trailers bringing the City’s total to seven for targeted traffic calming; and

3. $325,000 to increase the citywide Traffic Calming Budget on a one-time basis to $400,000 (up from the current $75,000); and

4. $450,000 to citywide to fund: a. tier 1 protected bicycle lanes and crossings identified in the 2017 Bicycle Plan, including but not limited to quick-build projects; and b. priority pedestrian street crossings identified in the 2020 pedestrian plan, including but not limited to quick-build projects; and c. priority quick-build public transit projects under the Street Repair Program; and

5. Refer to City Manager and Budget staff to establish an ongoing General Fund policy of allocating 50% of annual TNC Tax revenues to a citywide traffic calming budget and the remaining 50% to tier 1 bike/pedestrian/transit priority projects as specified under 3. a-c.

Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140 Action: Moved to Consent Calendar. Approved recommendation as revised by Councilmember Harrison in Supplemental Communications Packet #1, and further amended to refer Recommendation #5 to the Budget & Finance Committee.

Action Calendar
Tuesday, December 5, 2023 Minutes Page 9

13. Reimagining Public Safety Status Report
From: City Manager
Recommendation:

1. Review and discuss the provided status report from the City Manager with the goal of demonstrating transparency and facilitating informed council discussion towards the advancement of the Reimagining Public Safety initiative in Berkeley.

2. Provide comments on the Gun Violence Prevention program model report for Berkeley with the goal of facilitating informed council discussion.

Financial Implications: See report
Contact: Carianna Arredondo, City Manager's Office, (510) 981-7000 Action: Item withdrawn from the agenda by the City Manager. Item includes supplemental materials from Councilmember Taplin submitted in Supplemental Communications Packet #2.

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

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

Vote: Ayes – Kesarwani, Bartlett, Hahn, Wengraf, Robinson, Humbert, Arreguin; Noes – Taplin; Abstain – Harrison.

Adjourned at 9:02 p.m.

I hereby certify that the foregoing is a true and correct record of the regular meeting held on December 5, 2023.
________________________
Mark Numainville, City Clerk
Communications
Safer Streets and Sidewalks

1. Jason Warriner

2. Carol Hirth

3. Barbara Gilbert

4. Shirley Kirsten

5. Virginia Browning

6. Jose Oliveira

7. Ben and Laurel Kuchinsky

8. Eliot Walker
Ashby BART

9. Vincent Casalaina (2)

Tuesday, December 5, 2023 Minutes Page 10
Burned RV

10.Chris Saulnier
Waterfront

11.Ginger Ogle
Golden Gate Field Horses

12.Nan McGuire
Chess Club

13.Jesse Sheehan (2)
Press Release

14.Office of the Director of Police Accountability
Unhoused Crime

15.John Caner, on behalf of the Downtown Berkeley Association Street Lighting

16.Brian Barsky
EBMUD Paving

17.Greg Couch

18. Y’Ariad Burrell, on behalf of EBMUD
Household Occupancy

19.Leilah Dozier
Full Marathon

20.Annie Barrows
Hard Hats Ordinance

21.Cody Strock
Officer Marble

22.Diana Bohn
Rent Board

23.Barbara Gilbert
Council Meeting Disruption

24.savebtown@
Gilman and Marin Street

25.Steve Mellinger

Tuesday, December 5, 2023 Minutes Page 11
Israel and Palestine

26.Azam Javed

27.Almira Tanner

28.Sarah Naameh

29.Sarah Khan

30.Mona Masri

31.Sandra Nasser

32.Sophia Mottershead

33.Hamza Kundi

34.Mary-Lee Kimber Smith

35.Debbie Tuttle

36.Michael Fullerton

37.Barbara Erickson

38.Nohely Melenciano

39.Lilyana Hudson

40.Tirzah Riley

41.Laila Hamidi

42.Christina Harb

43.Noah Ahmed Surti

44.55 similarly-worded form letters (Resolution)

45.169 similarly-worded from letters (Ceasefire)
Supplemental Communications and Reports 1
Item #12: Budget Referral: Allocate the Existing $900,000 Transportation Network Company (TNC) Tax to Calm Traffic in Vicinity of Derby St., Increase Citywide Traffic Calming Budget, and Establish Ongoing General Fund Allocation Policy for the TNC

46.Revised material, submitted by Councilmember Harrison

47.Ben Paulos

48.Damian Park

49.David Wooley

50.Janice Murota

51.Vincent Casalaina

52.Judith Grether

53.Summer Brenner

54.21 similarly-worded form letters
Supplemental Communications and Reports 2
Item #4: Memorandum of Understanding: Berkeley Fire Fighters Association

55.Supplemental material submitted by the Human Resources Department Item #11: Budget Referral: Refer $273,341 to the November 2023 AAO #1 to Pre-fund the Green Building Program Manager on Permanent Basis

56.Ben Gould
Item A: Refer to the City Manager to Enhance the City’s Deconstruction and Construction Materials Management Enforcement and Regulations and Refer to the

Tuesday, December 5, 2023 Minutes Page 12
AAO #1 Budget Process $250,000 for Social Cost of Carbon Nexus Fee Study for Berkeley Origin Construction and Demolition Debris

57. 5 similarly-worded form letters

58.Sarah Bell
Item #12: Budget Referral: Allocate the Existing $900,000 Transportation Network Company (TNC) Tax to Calm Traffic in Vicinity of Derby St., Increase Citywide Traffic Calming Budget, and Establish Ongoing General Fund Allocation Policy for the TNC

59.Hali Hammer

60.Simon Hochberg

61.Molly Miller

62.Lee Bishop

63.John Beaulaurier

64.Sallie

65.Christina Oatfield

66.David Mendelsohn

67.Warren Wells
Item #13: Reimagining Public Safety Status Report

68.Supplemental material submitted by Councilmember Taplin Supplemental Communications and Reports 3
Item #10: Nancy Skinner Municipal Pier Resolution

69.Barbara Gilbert
Item #12: Budget Referral: Allocate the Existing $900,000 Transportation Network Company (TNC) Tax to Calm Traffic in Vicinity of Derby St., Increase Citywide Traffic Calming Budget, and Establish Ongoing General Fund Allocation Policy for the TNC

70.13 similarly-worded form letters

71.Heath Maddox

72.Norm Gold

73.Ben Finkel

74.Corey Busay

75.Naveen Gattu

76.Benjamin Fry

77.Joanna Dillon
Miscellaneous Communications

78.Mr. Eid

Tuesday, December 12, 2023 Minutes Page 1

M I N U T E S

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

B E R K E L E Y C I T Y C O U N C I L
Tuesday, December 12, 2023
3:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY, CA 94708

JESSE ARREGUIN, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – RIGEL ROBINSON
DISTRICT 4 – KATE HARRISON DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in-person attendance and virtual participation. If you are feeling sick, please do not attend the meeting in person.

Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33) and via internet accessible video stream at http://berkeley.granicus.com/MediaPlayer.php?publish_id=1244.

Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL: https://cityofberkeley-info.zoomgov.com/j/1610996492 To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. To join by phone: Dial 1- 669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 161 099 6492. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair. Please be mindful that the meeting will be recorded.

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

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953 and applicable Executive Orders as issued by the Governor that are currently in effect. Any member of the public may attend this meeting. Questions regarding public participation may be addressed to the City Clerk Department (510) 981-6900.

The City Council may take action related to any subject listed on the Agenda.

Pursuant to the City Council Rules of Procedure and State Law, the presiding officer may remove, or cause the removal of, an individual for disrupting the meeting. Prior to removing an individual, the presiding officer shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The presiding officer may then remove the individual if they do not promptly cease their disruptive behavior. “Disrupting” means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, a failure to comply with reasonable and lawful regulations adopted by a legislative body, or engaging in behavior that constitutes use of force or a true threat of force.

Attachment 3

Tuesday, December 12, 2023 Minutes Page 2
Preliminary Matters
Roll Call: 3:03 p.m.

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

Absent: Bartlett
Councilmember Bartlett present at 3:38 p.m.

Action Calendar – Public Hearing

1. North Berkeley BART Objective Design Standards
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion adopt a Resolution approving the North Berkeley Bay Area Rapid Transit (BART) Objective Design Standards (ODS).

Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Public Testimony: The Mayor opened the public hearing. 35 speakers.

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

Vote: All Ayes.

Action: M/S/Failed (Harrison/Hahn) to approve the standards as submitted by the City Manager in Supplemental Communications Packet #2 amended as follows: On the ornamentation, accept the amendment to require facades with ornaments on 5% of the wall shall eliminate requirements to have breaks on those facades in the affordable housing buildings.

Vote: Ayes – Harrison, Hahn, Wengraf; Noes – Kesarwani, Taplin, Bartlett, Robinson, Humbert, Arreguin.

Action: M/S/Carried (Kesarwani/Humbert) to adopt Resolution No. 71,130–N.S. approving the objective design standards as submitted by the City Manager in Supplemental Communications Packet #2.

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

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

Vote: All Ayes.

Adjourned at 5:30 p.m.

Tuesday, December 12, 2023 Minutes Page 3
I hereby certify that the foregoing is a true and correct record of the special meeting held on December 12, 2023.
________________________
Mark Numainville, City Clerk
Communications
 None
Supplemental Communications and Reports 1
Item #1: North Berkeley BART Objective Design Standards

1. Jenna Fahle

2. Chris Lee-Egan

3. Adam Rogers
Supplemental Communications and Reports 2
Item #1: North Berkeley BART Objective Design Standards

4. Revised material, submitted by Planning and Development

5. AJ Cho

6. Michael Katz

7. Charles Siegel, on behalf of Walk Bike Berkeley

8. Megan Nguyen, on behalf of East Bay Housing Organization

9. Alfred Twu

10.Gerry Tierney (2)

11.Clifford Fred

12.David Lerman

13.Peggy Radel
Supplemental Communications and Reports 3
Item #1: North Berkeley BART Objective Design Standards

14.Ann May

15.Chris Gilbert

16.Claire Kahane

17.Cheryl Brewster

18.Tamara Birdsall

19.Daniel Dong

20.Carol and Bruce Feldman

21.Carla Woodworth

22.Wei-bing Chen

23.Michael Frantz

24.Virginia Browning

25.Meryl Siegal

26.Nell Friedman

27.Virginia Browning

28.Sperberstein

29.Kevin James

30.Sam Dorman

Tuesday, December 12, 2023 Minutes Page 4

31.Mitali Ganguly

32.Aimee Baldwin

33.David Mendelsohn

34.Katherine Eckhouse (2)

35.Toni Mester

36.Lois Frances Smith

37.Roberta Silverstien

38.T. Anne Richards

39.Victoria Eisen (2)

40.Christopher Kroll

41.S. Entsistle

42.Meilan Ho

43.Elizabeth Kowal

44.Laureen O’Brien

45.Sharon Richey

46.Joel Myerson

47.Amanda Loudin

48.Oskar

49.Jeanne Schuman

50.David Helfant and Elliott Abrams

51.15 similarly-worded form letters

Tuesday, December 12, 2023 Minutes Page 1

MINUTES

BERKELEY CITY COUNCIL MEETING
Tuesday, December 12, 2023
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY 94708

JESSE ARREGUIN, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – RIGEL ROBINSON
DISTRICT 4 – KATE HARRISON DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in-person attendance and virtual participation. If you are feeling sick, please do not attend the meeting in person.

Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33) and via internet accessible video stream at http://berkeley.granicus.com/MediaPlayer.php?publish_id=1244.

Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL: https://cityofberkeley- info.zoomgov.com/j/1610996492. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 161 099 6492. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair. Please be mindful that the meeting will be recorded.

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

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953 and applicable Executive Orders as issued by the Governor that are currently in effect. Any member of the public may attend this meeting. Questions regarding public participation may be addressed to the City Clerk Department (510) 981-6900. The City Council may take action related to any subject listed on the Agenda.

Pursuant to the City Council Rules of Procedure and State Law, the presiding officer may remove, or cause the removal of, an individual for disrupting the meeting. Prior to removing an individual, the presiding officer shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The presiding officer may then remove the individual if they do not promptly cease their disruptive behavior. “Disrupting” means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, a failure to comply with reasonable and lawful regulations adopted by a legislative body, or engaging in behavior that constitutes use of force or a true threat of force.

Attachment 4

Tuesday, December 12, 2023 Minutes Page 2
Preliminary Matters
Roll Call: 6:03 p.m.

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

Absent: None
Land Acknowledgement Statement: The City of Berkeley recognizes that the community we live in was built on the territory of xučyun (Huchiun (Hooch-yoon)), the ancestral and unceded land of the Chochenyo (Cho-chen-yo)-speaking Ohlone (Oh-low-nee) people, the ancestors and descendants of the sovereign Verona Band of Alameda County. This land was and continues to be of great importance to all of the Ohlone Tribes and descendants of the Verona Band. As we begin our meeting tonight, we acknowledge and honor the original inhabitants of Berkeley, the documented 5,000-year history of a vibrant community at the West Berkeley Shellmound, and the Ohlone people who continue to reside in the East Bay. We recognize that Berkeley’s residents have and continue to benefit from the use and occupation of this unceded stolen land since the City of Berkeley’s incorporation in 1878. As stewards of the laws regulating the City of Berkeley, it is not only vital that we recognize the history of this land, but also recognize that the Ohlone people are present members of Berkeley and other East Bay communities today. The City of Berkeley will continue to build relationships with the Lisjan Tribe and to create meaningful actions that uphold the intention of this land acknowledgement.

Ceremonial Matters:

Presentation from the Auditor on the Measure FF Audit.

City Manager Comments: None
Public Comment on Non-Agenda Matters: 20 speakers.

Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 36 speakers.

Action: M/S/C (Arreguin/Hahn) to suspend the rules and adopt temporary rules for public comment on the Consent Calendar as follows: 1) there will be a 45-minute period allotted for all public comments; 2) speaking time is limited to one-minute per speaker.

Vote: All Ayes.

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

Vote: All Ayes.

Consent Calendar
Tuesday, December 12, 2023 Minutes Page 3

1. Amendments to the Berkeley Election Reform Act to ensure consistency within the Act for cost of living adjustments and committee reporting requirement thresholds
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,889-N.S. amending the Berkeley Election Reform Act (BMC Chapter 2.12) to (1) amend provisions related to filing requirement thresholds to be consistent with recent amendment to qualification threshold for committees ; and (2) add two dollar amount thresholds to the list of amounts subject to cost of living adjustments in order to maintain consistency with other associated amounts.

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

Financial Implications: See report
Contact: Sam Harvey, Commission Secretary, (510) 981-6950 Action: Adopted second reading of Ordinance No. 7,889–N.S.

2. Amendments to Berkeley Municipal Code Title 23 (Zoning Ordinance), the Zoning Map, General Plan Land Use Diagram, and the General Plan Relating to the Southside Zoning Implementation Program of the 2023-2031 Housing Element Update
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,890-N.S. amending Title 23 of the Berkeley Municipal Code to increase residential development potential in the Southside Plan Area, per Program 27— Priority Development Areas, Commercial and Transit Corridors and Program 33—Zoning Code Amendment:

Residential of the 2023-2031 Housing Element Update.

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

Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Adopted second reading of Ordinance No. 7,890–N.S.

3. Authorizing a Lease of 830 University Avenue to Berkeley Free Clinic From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,891-N.S. authorizing the City Manager to enter into a lease for 830 University with Berkeley Free Clinic.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted second reading of Ordinance No. 7,891–N.S.

Consent Calendar
Tuesday, December 12, 2023 Minutes Page 4

4. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of October 23 (special closed), November 6 (special closed), November 7 (regular), November 13 (special closed), November 14 (special and regular), November 21 (special) and November 28 (regular).

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

5. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on December 12, 2023
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval.

Financial Implications: Public Art Fund - $150,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Approved recommendation.

6. Extending the Duration of Funding Reservations for Housing Trust Fund Projects
From: City Manager
Recommendation: Extend the duration of the previously approved funding reservations for Housing Trust Fund (HTF) projects by adopting a Resolution to: 1.

Reserve Housing Trust Funds and other currently available affordable housing funds, including Measure O Bond and Permanent Local Housing Allocation funds, for the following projects: -Ashby Lofts (2909-2919 Ninth / Satellite Affordable Housing Associates) at $850,000; -Berkeley Unified School District (BUSD) Workforce Housing project (1701 San Pablo / Satellite Affordable Housing Associates / Abode Communities) at $24,500,000; -Supportive Housing in People’s Park (2556 Haste) at $14,359,593. 2. Authorize the City Manager to refinance the existing Housing Trust Fund development loan for Ashby Lofts and into a new loan with terms consistent with the Housing Trust Fund Guidelines. 3. Waive Section III.A.1 of the Housing Trust Fund Guidelines for the BUSD Workforce Housing project to allow affordability levels of up to 120% of area median income in order to reflect the income and needs of BUSD educators. 4. Condition disbursement of funding for the BUSD Workforce Housing and Supportive Housing in People’s Park projects on site control. 5.

Authorize the City Manager or her designee to execute all original or amended documents or agreements to effectuate these actions.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,131–N.S.

Consent Calendar
Tuesday, December 12, 2023 Minutes Page 5

7. Revise Classifications and Salary Ranges – (1) Parking Meter Maintenance and Collection Supervisor and (2) Traffic Maintenance Supervisor From: City Manager
Recommendation: Adopt a Resolution revising the represented job class specifications and salary ranges of (1) Parking Meter Maintenance and Collection Supervisor and (2) Traffic Maintenance Supervisor to align pay with that of Public Works Supervisor classification in order to promote internal equity.

Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 71,132–N.S.

8. Contract: Superion, LLC for AS400 Software Maintenance and Support From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a new contract with Superion, LLC for software maintenance and support of the City's FUND$ system on the AS400 platform for a total $283,500 from July 1, 2023 through June 30, 2025.

Financial Implications: IT Cost Allocation Fund - $283,500 Contact: Kevin Fong, Information Technology, (510) 981-6500 Action: Adopted Resolution No. 71,133–N.S.

9. Grant Application – State Parks Outdoor Equity Grants Program (OEP) From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to submit a grant application to the State Parks and Recreation Outdoor Equity Grants Program; accept any grants; execute any resulting grant agreements and any amendments; and that Council authorize the implementation of the project and appropriation of funding for related expenses, subject to securing the grant.

Financial Implications: Up to $700,000 (revenue)
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,134–N.S.

10. Grant Application – California Air Resources Board (CARB) Advanced Technology Demonstration and Pilots Program for New Electric Boat and Charging Station
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to submit a grant application to the California Air Resources Board (CARB) Advanced Technology Demonstration and Pilots (ATDP) Grant Program to procure a new electric boat and charging station; accept any grants; execute any resulting grant agreements and any amendments; and that Council authorize the implementation of the project and appropriation of funding for related expenses, subject to securing the grant.

Financial Implications: $218,451 (revenue)
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,135–N.S.

Consent Calendar
Tuesday, December 12, 2023 Minutes Page 6

11. Contract: Buhler Commercial for Willard Park Clubhouse and Restroom Replacement Project
From: City Manager
Recommendation: Adopt a Resolution: 1. Approving the plans and specifications for the Willard Park Clubhouse and Restroom Replacement Project; and 2. Accepting the bid of the lowest responsive and responsible bidder, Buhler Commercial; and 3.

Authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications, with Buhler Commercial, for the Willard Park Clubhouse and Restroom Replacement Project at 2720 Hillegass Avenue, in an amount not to exceed $6,831,067 which includes a contract amount of $6,210,061 and a 10% contingency in the amount of $621,006.

Financial Implications: Various Funds - $6,831,067
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,136–N.S.

12. Donation: Memorial Bench at Cesar Chavez Park in memory of Ronald Henry Klein
From: City Manager
Recommendation: Adopt a Resolution accepting a cash donation in the amount of $3,400 for a memorial bench to be placed at Cesar Chavez Park in memory of Ronald Henry Klein.

Financial Implications: $3,400 (revenue)
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,137–N.S.

13. Donation: Memorial Bench at Cesar Chavez Park in memory of Ramakant Tulsian
From: City Manager
Recommendation: Adopt a Resolution accepting a cash donation in the amount of $3,400 for a memorial bench to be placed at Cesar Chavez Park in memory of Ramakant Tulsian.

Financial Implications: $3,400 (revenue)
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,138–N.S.

Consent Calendar
Tuesday, December 12, 2023 Minutes Page 7

14. Contract (Specification No. 24-11619-C: Koios Engineering, Inc. for The Alameda, et al. Sanitary Sewer Rehabilitation Project
From: City Manager
Recommendation: Adopt a Resolution approving plans and specifications for the Sanitary Sewer Project located on The Alameda, Keeler Avenue, Euclid Avenue Et Al., and: Accept the bid of the lowest, responsive and responsible bidder, Koios Engineering, Inc., and Authorize the City Manager to execute a contract and any amendments, extensions, or other change orders until completion of the project in accordance with the approved plans and specifications, in an amount not to exceed $3,456,596, which includes a 10% contingency of $314,236.

Financial Implications: See report
Contact: LaTanya Bellow, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,139–N.S.

15. Purchase Orders: Pinnacle Petroleum, Inc. and Western States, Inc. for Bulk Renewable Diesel and Gasoline
From: City Manager
Recommendation: Adopt two Resolutions authorizing the City Manager to execute multi-year purchase orders as outlined below through June 30, 2029:

1. Purchase Order with Pinnacle Petroleum to provide fuel for City vehicles and equipment in an amount not to exceed $8,500,000 for the next four fiscal years (FY 2025 through FY 2029).

2. Purchase Order with Western States, Inc. to provide fuel for City vehicles and equipment in an amount not to exceed $2,000,000 for the next four fiscal years (FY 2025 through FY 2029).

Financial Implications: See report
Contact: LaTanya Bellow, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,140–N.S. (Pinnacle); and Resolution No. 71,141–N.S. (Western).

16. Purchase Order: National Auto Fleet Group for Four (4) Tractor Trucks and Trailers
From: City Manager
Recommendation: Adopt a Resolution satisfying requirements of City Charter Article XI Section 67.2 allowing the City to participate in Sourcewell (formerly NJPA) bid procedures, and authorizing the City Manager to execute a purchase order for four (4) Tractor Trucks and Trailers with National Auto Fleet Group in an amount not to exceed $1,600,000.

Financial Implications: See report
Contact: LaTanya Bellow, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,142–N.S.

Consent Calendar
Tuesday, December 12, 2023 Minutes Page 8

17. Purchase Order: Braun Northwest, Inc. for One (1) North Star 155 Type 1 Ambulance
From: City Manager
Recommendation: Adopt a Resolution satisfying requirements of City Charter Article XI Section 67.2 allowing the City to participate in HGACBuy contract bid procedures and authorizing the City Manager to execute a purchase order for one (1) 2023 North Star 155-1 Type 1 Ambulance with Braun Northwest, Inc. in an amount not to exceed $284,974.

Financial Implications: See report
Contact: LaTanya Bellow, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,143–N.S.

18. Contract No. 102354-1 Amendment: Direct Line Tele Response for Citywide After-Hours Answering Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment for up to $200,000 to Contract No. 102354-1 with Direct Line Tele Response to provide continued customer service support after normal business hours, on weekends and holidays, for a total contract amount not to exceed $832,750, and extending the contract term through December 31, 2025.

Financial Implications: See report
Contact: LaTanya Bellow, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,144–N.S.

19. Contract No. 32300110 Amendment: SCI Consulting Group for On-Call Civil Engineering Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32300110 with SCI Consulting Group to increase the spending authority by $150,000 for a total not to exceed $300,000.

Financial Implications: See report
Contact: LaTanya Bellow, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,145–N.S.

20. Contract No. 32400004 Amendment: Roofing Constructors, Inc. dba Western Roofing Service for on-call roofing and gutter repair services From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32400004 with Roofing Constructors, Inc. to increase the spending authority by $200,000 for a total not to exceed $250,000.

Financial Implications: See report
Contact: LaTanya Bellow, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,146–N.S.

Consent Calendar
Tuesday, December 12, 2023 Minutes Page 9

21. Contract No. 103266-1 Amendment - Karste Consulting, Inc. for Emergency Preparedness Services and Training
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 103266-1 with Karste Consulting, Inc. to increase the amount by $100,000 for a total amount not to exceed $450,000 and to extend the term through June 30, 2025.

Financial Implications: See report
Contact: LaTanya Bellow, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,147–N.S.

22. Contract: American Restore, Inc. for City of Berkeley Transfer Station Tipping Floor Repair Emergency Project at 1201 Second Street
From: City Manager
Recommendation: Adopt a Resolution: 1. Acknowledging the necessity for immediate repairs to the Transfer Station Tipping Floor at 1201 Second Street due to hazardous conditions and authorizing an exception to the formal bidding process; 2.

Accepting the proposal from American Restore, Inc. as the sole proposal received from an informal solicitation of multiple contractors for its specialized services in response to the urgent need for repair; 3. Authorizing the City Manager to execute the proposed contract with American Restore, Inc. and any amendments, extensions, or other change orders as necessary to facilitate the timely completion of the project, for an amount not to exceed $443,207.

Financial Implications: See report
Contact: LaTanya Bellow, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,148–N.S.

23. Council Referral – Request for City Community Survey for placing a Modest Increase in the Parks Tax on the November 2024 Ballot
From: Parks and Waterfront Commission
Recommendation: The Parks, Recreation and Waterfront Commission recommends that the City Council include in upcoming community survey for possible 2024 ballot measures, a measure to increase the Parks Tax by four cents per square foot or approximately 20%, and appropriate funding for the survey.

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

Consent Calendar
Tuesday, December 12, 2023 Minutes Page 10

24. Spending Aligned with Ballot Measure FF and the City Is Improving Internal Processes
From: Auditor
Recommendation: We recommend City Council request that the City Manager report back by June 2024 and every six months thereafter, regarding the status of our audit recommendations until reported fully implemented by the Fire Department and Human Resources. They have agreed to our findings and recommendations.

Please see our report for their complete response.

Financial Implications: See report
Contact: Jenny Wong, Auditor, (510) 981-6750
Action: Approved recommendation including the supplemental material in Supplemental Communications Packet #1 from the City Auditor.

Council Consent Items

25. Reappointment of Dr. P. Robert Beatty to the Alameda County Mosquito Abatement District Board of Trustees
From: Mayor Arreguin (Author)
Recommendation: Adopt a Resolution reappointing Dr. P. Robert Beatty to the Board of Trustees of the Alameda County Abatement District for a two-year term ending on January 1, 2026.

Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Adopted Resolution No. 71,149–N.S.

26. The Right to Reproductive Freedom
From: Mayor Arreguin (Author), Councilmember Wengraf (Co-Sponsor), Councilmember Hahn (Co-Sponsor)
Recommendation: Adopt a Resolution affirming the City of Berkeley’s support to protecting the rights of those seeking reproductive care, receiving and offering reproductive care and abortion services, and deciding on their own bodily autonomy relating to their reproduction.

Refer to the City Manager to draft an ordinance that directs City agents and employees to ensure access to abortion sites and ensure access to information related to abortion access, including posting information about reproductive health on City property, as consistent with state and federal law.

Financial Implications: None
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: 1. Adopted Resolution No. 71,150–N.S., 2. Approved recommendation.

Council Consent Items
Tuesday, December 12, 2023 Minutes Page 11

27. Adjustment to City Attorney Salary Range and Revised Salary From: Mayor Arreguin (Author)
Recommendation: Adopt a resolution to approve (1) increasing the top of the City Attorney salary range to $360,000 annually and (2) revising City Attorney Farimah Brown’s annual salary to $336,000 effective the start of the pay period closest to Ms.

Brown’s most recent anniversary date of July 10, 2023, pursuant to Section 1.6 of the Unrepresented Employee Manual.

Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Adopted Resolution No. 71,151–N.S.

28. Waterside Workshops Winter Festival and Kids Bike Giveaway:

Relinquishment of Council Office Budget Funds from General Funds and Grant of Such Funds
From: Councilmember Taplin (Author), Councilmember Hahn (Co-Sponsor), Councilmember Harrison (Co-Sponsor)
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember, including $200 from Councilmember Taplin, to support the Waterside Workshops Winter Festival and Kids Bike Giveaway.

Financial Implications: See report
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Adopted Resolution No. 71,152–N.S.

29. Budget Referral and Updated Guidelines and Procedures for City Council Office Staff Expenditures (Reviewed by the Budget & Finance Committee) From: Councilmember Taplin (Author), Councilmember Bartlett (Author), Councilmember Harrison (Author)
Recommendation: Refer to the Budget and Finance Committee to consider updates to the guidelines and procedures for City Council office budget expenditure accounts with regards to City Council staff salaries and an accompanying Budget Referral of up to $219,080 for the Annual Appropriation Ordinance #1 (AAO) process to budget Council offices up to 2 FTE, meet obligations under the SEIU 1021 CSU/PTRLA MOU, and prevent layoffs.

Policy Committee Recommendation: To forward the item as revised to the City Council with a positive recommendation.

Financial Implications: See report
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Approved recommendation as recommended by the Budget & Finance Committee.

Council Consent Items
Tuesday, December 12, 2023 Minutes Page 12

30. Letter to AC Transit Regarding Draft Realignment Scenarios From: Councilmember Wengraf (Author), Councilmember Humbert (Author), Mayor Arreguin (Co-Sponsor), Councilmember Hahn (Co-Sponsor) Recommendation: Send a letter to AC Transit with Council feedback on their Realign Draft Service Scenarios presented to Council on Nov 14, 2023.

Financial Implications: None
Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160 Action: Approved recommendation.

Action Calendar – New Business

31. Expansion of the Elmwood Business Improvement District From: City Manager
Recommendation: Conduct a public meeting to review and discuss the expansion of the Elmwood Business Improvement District (hereafter, “Elmwood BID”, “BID” or “the District”).

Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530 Action: Moved to Consent Calendar. Public meeting held.

32. Amendment: FY 2024 Annual Appropriations Ordinance
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending the FY 2024 Annual Appropriations Ordinance No. 7,879–N.S. for fiscal year 2024 based upon recommended re-appropriation of committed FY 2023 funding and other adjustments authorized since July 1, 2023, in the amount of $258,777,491 (gross) and $246,555,990 (net).

Financial Implications: See report
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000 Action: Moved to Consent Calendar. Adopted first reading of Ordinance No. 7,892- N.S. as revised in the materials submitted by the Mayor and the City Manager in Supplemental Communications Packet #2. Second reading scheduled for January 16, 2024.

33. Consideration of Options for Berkeley High School Staff Parking From: City Manager
Recommendation: Receive information on several options for providing additional parking for Berkeley High School staff and provide feedback to staff, which will then be shared with 2x2 Committee with the end goal of identifying a mutually agreeable solution for both the school district and the City.

Financial Implications: See report
Contact: Anne Cardwell, City Manager's Office, (510) 981-7000 Action: Item withdrawn from the agenda by the City Manager.

Information Reports
Tuesday, December 12, 2023 Minutes Page 13

34. Settlement of Claim of D.L. Falk Construction Inc. (North Berkeley Senior Center)
From: City Manager
Contact: Farimah Brown, City Attorney, (510) 981-6950
Action: Received and filed.

35. FY 2023 Fourth Quarter Investment Report: Ended June 30, 2023 From: City Manager
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Received and filed.

36. Section 115 Trust Investment Report for: Inception to Period Ended June 30, 2023
From: City Manager
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Received and filed.

37. Climate Action Plan and Resilience Update
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Received and filed.

38. Civic Arts Commission FY24 Work Plan
From: Civic Arts Commission
Contact: Jennifer Lovvorn, Commission Secretary, (510) 981-7530 Action: Received and filed.

39. Housing Advisory Commission Work Plan Fiscal Year 2024 From: Housing Advisory Commission
Contact: Mike Uberti, Commission Secretary, (510) 981-7400 Action: Received and filed.

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

Adjournment
Adjourned at 7:39 p.m.

I hereby certify that the foregoing is a true and correct record of the regular meeting held on December 12, 2023.
________________________
Mark Numainville, City Clerk

Communications
Tuesday, December 12, 2023 Minutes Page 14
Communications
Martin Luther King Jr. Way

1. David Lerman
Policing

2. Gregory Kalkanis
Public Information

3. Mary Behm-Steinberg
Housing Voucher

4. Sameerah Karim
URL’s Only

5. Vivian Warkentin (2)
Tenants Opportunity to Purchase Act

6. Diana Bohn
Repaving Francisco Street

7. David Lerman
Civil Rights

8. Lavell Young
Winter Shelter

9. Elana Auerbach

10.Boona cheema

11.Moni Law
Israel and Gaza Conflict

12.Alejandro Garcia-Paredes

13.Angie Chang

14.Rachel Noel

15.Madeline Pignetti

16.Karen Carroll

17.Boba.bunny05@

18.Greg Garcia-Wilson

19.Steven Lipson

20.Madeline Weinstein

21.Jessica Login

22.Dianna Dar

23.Youval Dar

24.Bryan Weiss

25.Mollie Mindel

26.Deborah Fink

Communications
Tuesday, December 12, 2023 Minutes Page 15

27.Yael Galinson

28.Doni Katz

29.Offer Grembek

30.Jaimie Baron

31.Talia Nagar

32.Elana Naftalin-Kelman

33.Howard Miller

34.Ariel Berson

35.Dan Alter

36.Ayana Davis

37.Alexia Murillo Amezcua

38.Desmid Lyon

39.Andrew Fine

40.Clara Weinstein

41.Orli Loewenberg

42.Raphael Goldman

43.Karen Weil (2)

44.Daniel Frydman

45.Katrin Youdim

46.Emma

47.Leah Rosenthal

48.Tal Garner

49.Sophie

50.Summer Brenner

51.Liberty Schubert

52.Ilana Pearlman

53.Jessica Pearlman

54.Rita Minas

55.Wenrick Family

56.Philippa Kelly

57.Rabbi Chai Levy

58.Elana Auerbach

59.Cris Arguedas

60.Vanessa Davis

61.Meital Mashash

62.Noga Alon

63.Dahlia Frydman Tenenbaum

64.Aviva Gilbert

65.Jenna Lewis

66.Chiara Juster

67.Seth Engel

68.Jennifer Burt

69.Mollie Mindel

70.David Kilimnik

71.Miriam Schultz

72.Rachel Friedman

Communications
Tuesday, December 12, 2023 Minutes Page 16

73.Daniel Green

74.Forouzan Khalili

75.Daniel Green

76.Shira Rome

77.Sarah Crow

78.Kasaia Luckel

79.Arielle Hassid

80.Richard Taylor

81.Vincent Casalaina

82.Rabbi Cat Zavis

83.Rena Greenfield

84.Abby Maimon

85.Arbel Shemesh

86.Ella Lachman

87.Traci Moren

88.Nora Shourd

89.Debbie Tuttle

90.931 similarly-worded form letters – Vote No on November 28 (Letters are on file at the City Clerk’s Office)

91.302 similarly-worded form letters – Resolution for Ceasefire and Solidarity with Palestine (Letters are on file at the City Clerk’s Office)

92.14 similarly-worded form letters – Ceasefire Now (Letters are on file at the City Clerk’s Office)
Supplemental Communications and Reports 1
Item #24: Spending Aligned with Ballot Measure FF and the City Is Improving Internal Processes

93.Supplemental material submitted by the City Auditor
Item #27: Adjustment to City Attorney Salary Range and Revised Salary

94.Michael Katz
Item #30: Letter to AC Transit Regarding Draft Realignment Scenarios

95.Sowmya Swaminathan

96.Phyllis Olin

97.Jennifer Sowerwine
Supplemental Communications and Reports 2
Item #30: Letter to AC Transit Regarding Draft Realignment Scenarios

98.Phoebe Anne Thomas
Item #32: Amendment: FY 2024 Annual Appropriations Ordinance

99.Revised material, submitted by Mayor Arreguin
100. Revised material, submitted by Budget/City Manager

Tuesday, December 12, 2023 Minutes Page 17
101. Jennifer Lovvorn, Chief Cultural Affairs Officer/Civic Arts 102. Ariana Casanova
Item #33: Consideration of Options for Berkeley High School Staff Parking 103. Barry Fike
104. Albert Chan, on behalf of YMCA East Bay
Supplemental Communications and Reports 3
Item #24: Spending Aligned with Ballot Measure FF and the City is Improving Internal Processes
105. Presentation, submitted by the Auditor
Item #26: The Right to Reproductive Freedom
106. Twyla Malchow-Hay
Item #30: Letter to AC Transit Regarding Draft Realignment Scenarios 107. Elisabeth H
108. Rachel Tobey
109. Kirsten Tobey
110. John and Leah Rosenthal
111. Deborah Sommers
112. Frank Fletcher
113. Andy Gaines
114. Lizzie Belgum
115. Alan and Meridith Aki
116. Swapna Sundaram
117. Marilyn Beckerman
118. David Jaffe
119. Jane Keislar
120. Erin Baudo Felter
121. Sophie Shabel
122. Reka Foss
123. Linda Ellwood
124. Jessica Jennings
Miscellaneous Communications
125. Eid

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 16, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Peter Radu, Assistant to the City Manager Subject: California For All Animals Grant Award

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to receive a $60,000 California For All Animals grant award from the Koret Shelter Medicine Program at UC Davis and to enter into contract and all necessary amendments with the Regents of the University of California resulting from this funding.

FISCAL IMPACTS OF RECOMMENDATION
Approving this recommendation will result in $60,000 being deposited and expended from the One-Time: Non Capital Expenditure Fund and will be appropriated as part of the Second Amendment to the FY 2024 Annual Appropriations Ordinance.

CURRENT SITUATION AND ITS EFFECTS
Despite dedicated efforts by the City of Berkeley and Berkeley Animal Care Services, financial barriers continue to hinder adoption and reunification processes, leading to the unfortunate euthanasia of healthy, adoptable animals. These barriers are also evident in the unhoused community, where individuals often find themselves prioritizing animal care over their own needs. To help keep animals out of the shelter, staff completed and submitted an application on September 29, 2023, for $118,885 in funding to support one year of subsidized fees and target outreach to unhoused animal owners. The narrow time frame between the announcement of this grant opportunity and the application deadline made it challenging to seek Council’s permission within the available window.

The City’s Animal Care Services team, managed by the Neighborhood Services Division in the City Manager’s Office, proposes to work with owners and adopters of animals in Berkeley to eliminate the financial barriers caused by Adoption and Return-To-Owner fees. The goal of this funding is to minimize shelter occupancy, thereby reducing the need to euthanize healthy animals due to space constraints. Additionally, the team is committed to working with the unhoused community, ensuring that their animals receive necessary veterinary care and nutrition.

Encampment Resolution Funding Round 2 Grant Award CONSENT CALENDAR January 16, 2024

The City’s application was awarded $60,000 by California For All Animals on December 8, to be fully expended by December 31, 2024. To assist animal owners in Berkeley effectively and meet this deadline, it is crucial for the City Council to swiftly adopt a resolution authorizing the receipt of these funds.

BACKGROUND
In the FY 2020-21 budget, Governor Newsom proposed $50 million in one-time General Fund dollars for the UC Davis Koret Shelter Medicine Program (UCD-KSMP) to develop a program that provides expertise, support, and local assistance grants over a five-year period to help local communities achieve the state’s policy goal that no adoptable or treatable dog or cat should be euthanized.

On September 15, 2023, California For All Animals, a program initiated by UCD-KSMP, began accepting applications for the More Pets and People Together Grant. This application period, lasting for 15 days, concluded on September 29, 2023. Given the brief duration of the application window, the opportunity to present this matter to the Council for formal approval was limited. However, recognizing the importance and potential benefits of this funding, the decision was made to proceed promptly with the application to ensure that we could capitalize on this opportunity to support our community's animal care needs. The California For All Animals Advisory Council unanimously approved Berkeley Animal Services’ grant proposal at their November meeting. The $60,000 awarded by the Advisory Council is designated as follows:

Subsidized adoption fees $15,000
Subsidized return-to-home fees $30,000
Target pet assistance $15,000

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Targeted outreach to unhoused animal owners is a crucial step towards mitigating the spread of infectious diseases among animals, especially in encampment areas. By equipping owners with essential resources like proper food storage and animal waste containers, we significantly minimize vector hazards, an essential aspect of public health and environmental care. Moreover, maintaining animals in homes rather than shelters not only promotes animal welfare but also aligns with our environmental goals. This approach substantially reduces the water consumption required for shelter maintenance, which is a critical consideration in our ongoing efforts to conserve resources and address climate impacts.

RATIONALE FOR RECOMMENDATION
Berkeley Animal Care Services is navigating a significant uptick in animal intake, anticipating over 2,000 animals for the first time since 2018. This surge, coupled with a 10% decrease in adoptions from 2022 and a 14% decrease in Return-To-Owners compared to the five-year average, mirrors national trends in animal sheltering. This situation is not unique to Berkeley or the Bay Area; it reflects a broader, urgent challenge

Encampment Resolution Funding Round 2 Grant Award CONSENT CALENDAR January 16, 2024

in animal welfare. At this critical juncture, our commitment to the animals in our community is more vital than ever, as evidenced by our endeavors to reduce the euthanasia rate, which, notably, has decreased by 5% this year from 2022 and the five-year average, despite these formidable challenges.

Faced with limited resources to combat overcrowding and prevent unnecessary euthanasia, the urgency of implementing a proactive strategy to keep pets and their people together becomes clear. This urgency, in turn, drives our actions and decisions, emphasizing the need for swift, decisive steps to address this growing concern. Our response, therefore, aligns not only with our commitment to animal welfare but also with the necessity to act promptly in the face of escalating challenges.

ALTERNATIVE ACTIONS CONSIDERED
Alternate city funding could be considered, and/or the subsidization of fees and targeted outreach could be suspended.

CONTACT PERSON
Mike St. Pierre, Animal Services Manager, 510.981.6603
Attachments:
1: Resolution
2: Shelter Services Agreement

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

ACCEPTING THE CALIFORNIA FOR ALL ANIMALS GRANT AWARD
WHEREAS, in the FY 2020-21 budget, Governor Newsom prop osed $50 million in one- time General Fund dollars for the UC Davis Koret Shelter Medicine Program (UCD- KSMP) to develop a program that provides expertise, support, and local assistance grants over a five-year period to help local communities achieve the state’s policy goal that no adoptable or treatable dog or cat should be euthanized.

WHEREAS, on September 29, 2023, staff submitted a grant application to California For All Animals requesting funds to keep more pets and people together; and WHEREAS, staff propose the subsidization of Adoption and Return-To-Owner fees and target outreach to unhoused pet owners; and
WHEREAS, the City’s Animal Services will partner with the City’s Homeless Response Team and local animal welfare organizations to identify unhoused communities with animals in need of outreach; and
WHEREAS, the City Manager was notified on December 8, 2023, that the city’s California For All Animals application will be funded, supporting one year of waived Adoption and Return-To-Owner fees and outreach.

NOW THEREFORE, BE IT RESOLVED that the Council of the City of Berkeley authorizes the City Manager to accept and receive an award from UCD-KSMP California For All Animals and to enter into contract and all necessary amendments with the Regents of The University of California for $60,000 in grant funding, with funds to be appropriated in the Second Amendment to the FY 2024 Annual Appropriations Ordinance.

UCD #_______
1 of 4
UC Davis Agreement #_______

SHELTER SERVICES AGREEMENT
(Berkeley Animal Care Services)
THIS SHELTER SERVICES AGREEMENT (“Agreement”) is made and entered into as of the date last signed below by and between THE REGENTS OF THE UNIVERSITY OF CALIFORNIA (“Un
iversity”) on behalf of its Davis Campus School of Veterinary Medicine on behalf of its Koret Shelter Medicine Program ( “Facility”) and BERKELEY ANIMAL CARE SERVICES (“Shelter”) in connection with the California for All Animals statewide animal shelter assistance program (“Program”).

The parties agree as follows:

1. Shelter Serv
ices. Shelter shall adhere to the scope of work described in “Exhibit A”, attached hereto and by this reference made a part hereof (collectively the “Services” ). University shall reimburse Shelter for costs (“Expenses”) pursuant to Section 2 below and as outlined in Exhibit A. “Deliverables” shall consist of report (s) and photographs, as applicable, as more fully described in Exhibit A. Additional work shall be performed only if authorized in advance by written amendment to this Agreement executed by both parties. To the extent that any provision of Exhibit A is inconsistent with this Agreement, this Agreement shall take precedence.

2. Payment by University. I
n consideration of Shelter’s Expenses as described in Exhibit A, Facility shall pay Shelter an amount not to exceed $60,000 upon invoice from Shelter and final signature of this Agreement . Payment questions should be addressed to Nancy Bei at telephone number (530) 754-9183 or at e-mail address [email protected].

3. Term. Ser
vices shall be rendered from January 1, 2024 through December 31, 2024.

4. Endorsement Disclaimer. Not
hing in this agreement shall be interpreted to indicate, imply, or otherwise suggest (i) that University supports, endorses, favors, or advances, any product or service offered, connected, or affiliated with Shelter; or (ii) that University endorses, favors, supports, or opposes, any proposal, measure, program of action, campaign, or public appeal that is advocated, promoted, advanced, or opposed by any other person or entity with respect to the subject matter presented by Shelter.

5. Amendment. Thi
s Agreement may be amended at any time by amendment in writing and signed by the parties, and no other change in any term or condition shall be valid or binding unless made by amendment.

6. Mutual Indemnification. The p
arties agree to defend, indemnify and hold one another
harmless from and against any and all liability, loss, expense, attorneys' fees, or claims for injury or damages arising from the performance of this agreement, but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of the indemnifying party, its officers, agents, students, or employees.

UCD #______

7. Insurance. Th
e parties at their own respective costs shall carry sufficient insurance, or programs of self-insurance (general liability, workers’ compensation, and auto liability), adequate to cover any claims arising from their respective activities under this Agreement.

8. Force Maj
eure. Neither party shall be liable for damages suffered by the other party because of University’s or Shelter’s failure to perform if failure is due to any cause beyond that party’s control.

9. Relationship of the Parties. Th
e parties to this Agreement shall be and remain at all times independent contractors, neither being the employee, agent, or representative of the other in their relationship under this Agreement.

10. Use of University’s Name. Sh
elter shall not use the name or mark of University in any form or manner in advertisements, reports, or other information released to the public without the prior written approval of University.

11. Contract Compliance. As applicable, if this Agreement is funded wholly or in part with by a grant or contract from an agency of any st
ate or federal government, Shelter shall comply with all terms and conditions applicable to recipients of such funds and their contractors.

12. Notice. Any notice, request, or inquiry regarding the provisions of this Agreement, its termination, or similar matters shall be directed to the appropriate party at the following address:

SHELTER (regarding contracts)
Mike St. Pierre
Animal Services Manager
Berkeley Animal Care Services
1 Bolivar Dr
Berkeley, CA 94710
E-mail: [email protected]
UNIVERSITY (regarding contracts)
Business & Revenue Contracts
University of California, Davis
One Shields Ave.

Davis, CA 95616
E-mail: [email protected]
UNIVERSITY (regarding project)
Karol Tapias
School of Veterinary Medicine
University of California, Davis
One Shields Ave.

Davis, CA 95616
E-mail: [email protected]

13. University's Right to Use Data. Uni
versity shall have the unrestricted right to use for its own purposes, including publication, any data or information which may be developed, provided by or arising in connection with the performance of this Agreement.

14. Governing Law. T
his Agreement shall be construed pursuant to California law.

Steven Kobayashi

UCD #______

15. Federal Exclusion Warranty. Shelter warrants that it is not excluded from participation in any governmental sponsored program, including, without limitation, the Medicare, Medicaid, or Champus programs (http://exclusions.oig.hhs.gov/search.html) and the Federal Procurement and Nonprocurement Programs (https://www.sam.gov/index.html/##11#1 ). This agreement shall be
subject to immediate termination in the event that Shelter is excluded from participation in any federal healthcare or procurement program.

16. Audit Requirements. The Agreement, and any pertinent records involving activities related to the services provided pursuant to the terms and conditions of this Agreement, shall be subject to the examination and audit of the California State Auditor and any other duly authorized agents of the State of California for a period of three (3) years after the date of final payment hereunder.

Shelter hereby agrees to make all such records available during normal business hours to inspection, audit and reproduction by University and any duly authorized local, state and/or federal agencies. Any and all examinations and audits conducted hereunder shall be strictly confined to those matters connected with the performance of this Agreement, including, without limitation, the costs associated with the administration of this Agreement.

17. Termination. University may terminate this Agreement at any time by giving Shelter thirty (30) calendar days’ written notice of such action. If this Agreement is terminated, Shelter shall retain any funds expended or committed for the purposes of this Agreement and will return any unexpended funds.

18. Entire Agreement. This Agreement constitutes the entire understanding of the parties respecting the subject matter hereof and supersedes any prior understanding or agreement between them, written or oral, regarding the same subject matter.

AGREED:

BERKELEY ANIMAL

CARE SERVICES

THE REGENTS OF THE

UNIVERSITY OF CALIFORNIA

By: By:
(authorized signature)

Print name:

UC Davis
Title:

Date: Date:

UCD #_______
4 of 4
Exhibit A
Scope of Work

1. Purpose of the work: Berkeley Animal Care Services will receive funds to subsidize adoption and return to home fees, and for targeted pet assistance for unhoused pet owners.

2. Roles and responsibilities of each party: Berkeley Animal Care Services will provide historical data from 2018 to 2022, and annual data through 2026 to UC Davis Koret Shelter Medicine Program in support of the
California for All Animals (CA4AA) program. KSMP will support the shelter to comply with data requirements. No University equipment will be used.

3. Dates and times will the work be completed: Work will be completed during the contract period of January 1, 2024 through December 31, 2024.

4. Location where work will be performed: 1 Bolivar Dr, Berkeley, CA 94710

5. Required deliverables: One final report will be required upon completion of the program. Additional touch points during the grant will be discussed with project officer.

6. Project milestones: Program pilot to be completed by December 31, 2024.

7. Total cost of the services: Total of services not to exceed $60,000. No construction costs will be funded through this grant.

Items:

Subsidized adoption fees $15,000
Subsidized return to home fees $30,000
Targeted pet assistance $15,000
Total expenses: $60,000

8. Payment schedule: Payment will be upon execution of the agreement.

9. Anticipated additional work: Addi
tional work is not anticipated at this time.

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 16, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Peter Radu, Assistant to the City Manager Subject: Contract No. R9710 Amendment: City of Piedmont for Animal Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to amend an existing contract number R9710 and any amendments with the City of Piedmont for Berkeley Animal Care Services (BACS) to provide animal sheltering and certain animal care services to the City of Piedmont. For these services the City of Piedmont will pay the City of Berkeley an amount not to exceed $196,572 for services performed from FY2024 through FY2026. This adjustment will result in a revised maximum total contract amount of $708,388.45.

FISCAL IMPACTS OF RECOMMENDATION
The FY2023 budget already includes anticipated revenues of $88,014 from the City of Piedmont for animal care services. The estimated costs for the City of Berkeley to provide shelter operations to the City of Piedmont are projected at $57,975 for FY2024, $65,222 for FY2025, and $73,375 for FY2026. This amounts to a total not-to-exceed (NTE) sum of $196,572 over the three-year period, culminating in a new NTE total contract amount of $708,388.45. The City of Piedmont will reimburse the City of Berkeley for these additional estimated costs, and the revenues will be allocated to the General Fund under account 010-0704-345-4202.

CURRENT SITUATION AND ITS EFFECTS
For many years, the City of Berkley has provided specific animal care and sheltering services to the City of Piedmont. The existing contract between the City of Berkeley and the City of Piedmont is set to expire on 6/30/2025, which now gives the City an opportunity to renegotiate the terms of the contract to cover the additional estimated costs.

In the past, the City of Emeryville obtained animal services through their agreement with the City of Piedmont. However, this contract has recently been terminated. This termination altered the service provision to Emeryville, leading both Emeryville and Piedmont to seek direct animal care services from Berkeley Animal Care Services (BACS). The City Council has already approved a separate contract with Emeryville for

Animal Services Contract with the City of Piedmont CONSENT CALENDAR JANUARY 16, 2024
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 these services.

Notably, the City of Piedmont lacks its own facility for animal sheltering and relies heavily on BACS for this essential service. Given these changes and the evolving needs of the involved cities, it has become imperative for the City of Berkeley to renegotiate both the costs and the scope of the services with the City of Piedmont, necessitating an amendment to the current contract.

BACKGROUND
The City of Piedmont, lacking a dedicated Animal Shelter, requires external assistance in providing care and shelter for animals within its jurisdiction that are in need by reason of accident, sickness or being lost, stray or abandoned. In October of 2023, the Cities of Emeryville and Piedmont ended their mutual contract for animal care services. This termination prompted the need for a revised contract between Piedmont and Berkeley Animal Care Services (BACS), to adjust the scope of services provided. Additionally, on October 3, 2023, Council approved a new contract between Emeryville and BACS. This development reflects the evolving landscape of regional animal care services and the need for tailored agreements to address specific municipal needs.

RATIONALE FOR RECOMMENDATION
The City of Berkeley possesses the necessary facilities, resources, and expertise to provide the aforementioned animal care and sheltering services for the City of Piedmont. This capability is backed by a long-standing contractual relationship between the two cities, demonstrating Berkeley’s proven track record in efficiently and effectively delivering these services.

ALTERNATIVE ACTIONS CONSIDERED
None

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

CONTACT PERSON
Michael St. Pierre, Animal Care Services Manager, 510-981-6603.

Attachments:

1. Resolution

ATTACHMENT 1
RESOLUTION NO. ##,###-N.S.

CONTRACT NO. R9710 AMMENDMENT: CITY OF PIEDMONT FOR ANIMAL CARE AND SHELTERING FOR FY2024 - FY2026
WHEREAS, The City of Piedmont requires assistance for animal services in their jurisdiction: and
WHEREAS, The City of Piedmont requires assistance in providing care and shelter for animals within its City that are in need by reason of accident, sickness or being lost, stray or abandoned: and
WHEREAS, The City of Berkeley is well-equipped and capable of providing these services to the City of Piedmont.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to amend Contract No. R9710 and any necessary amendments with the City of Piedmont for animal care services for FY2024 - FY2026 in the amount of $196,572, for a new Not to Exceed (NTE) total contract amount of $708,388.45.

City Manager’s Office
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 16, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Peter Radu, Assistant to the City Manager Subject: Extension of Declaration of Homeless Shelter Crisis

RECOMMENDATION
Adopt a Resolution extending Resolution No. 70,179 – N.S., extending the declaration of a Homeless Shelter Crisis until January 17, 2029.

BACKGROUND
The entire State of California, which has roughly 13% of the nation’s general population but half of the nation’s unsheltered homeless population,1 has been grappling with an affordable housing and shelter crisis. In response to the city’s shelter crisis and severe shortage of beds, on January 19, 2016, the Berkeley City Council unanimously approved Resolution No. 67,357-N.S., Declaring a Shelter Crisis in Berkeley. Originally set to expire on January 19, 2017, the Resolution has been extended multiple times (most recently Resolution No. 70,179-N.S. on January 18, 2022, extending it to January 19, 2024).

Since the passage of the last shelter crisis declaration extension, there have been several important developments that justify yet another extension of this resolution.

The latest federal Point-in-Time homeless count in Alameda County, conducted in January 2022, demonstrated important progress on solving homelessness in Berkeley, including an overall decrease in homelessness of 5%, and a 1% decrease in unsheltered homelessness in particular between January 2019 and January 2022.

Nevertheless, the overall proportion of unsheltered homelessness amongst the homeless population in Berkeley increased from 73% to 76% over the same period of time—meaning that while fewer people are experiencing homelessness overall, a growing number of those that do become homeless are unable to access shelter. Since then, the city has returned its congregate shelter capacity—which suffered a capacity loss of roughly 50% during the pandemic to comply with CDC physical distancing guidelines—to pre-pandemic levels, but many of these beds are top bunks, which can be difficult to access for the 33% of the homeless population that reports a physical disability. In response to the overall declining interest in congregate shelter since the pandemic, city staff have capitalized on emerging state funding opportunities and have 1 See: https://www.ppic.org/blog/homeless-populations-are-rising-around-california/

Internal
brought in close to $10M in Encampment Resolution Funding grants to establish three new non-congregate shelters for encampments in the last 18 months. This is a noteworthy feat for a city that otherwise is considered too small to receive direct state homeless funding, even though the rate at which people are becoming unsheltered is outpacing the rate of our work to respond to it.

In July 2021, the City Council adopted the All Home Regional Action Plan, committing Berkeley to an ambitious 75% reduction in unsheltered homelessness over three years. Given the extensive remaining need on the street, and in order to meet the spirit of urgency reflected in the adoption of the Regional Action Plan, staff requests another extension of the shelter crisis declaration, which will allow the city to continue our efforts to respond to the crisis. To do so as quickly and efficiently as possible, the proposed resolution would continue the previous flexibilities and waivers (including non-voter approved purchasing and bid requirements). Based on recent experiences and administrative workload increases, it recommends granting the following two additional flexibilities:
 Waiving the City Manager’s expenditure authority limit up to $250,000 for the procurement of homeless services. The vast majority of homeless services contracts in the City exceed this threshold limit, but some flexibility for smaller contracts will increase staff’s efficiency in acting quickly.  Authorizing the City Manager to apply for and accept funding and grants from the County, State, and Federal governments for the provision of homeless services. As the city becomes increasingly competitive for these grant programs—which increasingly have short application windows—waiver of formal Council approval in seeking these funding opportunities will again increase staff’s efficiency in acting quickly.

All changes from the current version of the shelter crisis resolution are redlined in Attachment 2, to clearly highlight recommended edits and additions.

FINANCIAL IMPLICATIONS
Continuing Berkeley’s shelter crisis may have the effect of expediting access and use of new and future State homelessness resources. It may also reduce the burden on staff time by streamlining project approvals.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Maintaining or increasing interim housing capacity will reduce the impacts of temporary encampments, which in turn helps mitigate the impacts of encampments and unsheltered homelessness on Berkeley’s environment, notably its sensitive waterways and fire-prone areas.

CONTACT PERSON
Peter Radu, City Manager’s Office 510-981-7045

Internal
Attachments:
1: Resolution
2: Resolution (with redline edits)

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

EXTENSION OF DECLARATION OF HOMELESS SHELTER
CRISIS
WHEREAS, on January 19, 2016, the City Council unanimously passed Resolution No. 67,357-N.S., Declaring a Homeless Shelter Crisis in Berkeley, which was set to expire on January 19, 2017; and
WHEREAS, on November 15, 2016, the City Council passed Resolution No. 67,746- N.S., extending the previous Resolution to January 19, 2018; and WHEREAS, on October 31, 2017, the City Council passed Resolution No. 68,206-N.S., placing another extension until January 19, 2020; and
WHEREAS, on June 12, 2018, the City Council enacted Ordinance No. 7,613-N.S., setting forth reasonable local standards and procedures for the design, site development, and operation of homeless shelters and the structures and facilities therein; and
WHEREAS, on November 19, 2019, the City Council passed Resolution No. 69,189- N.S., extending the previous Resolution to January 2022; and WHEREAS, on January 18, 2022, the City Council passed Resolution No. 70,179-N.S., extending the previous Resolution to January, 2024; and WHEREAS, according to the last Alameda County Point-in-Time homeless count in January 2022, the homeless population decreased 5% from 2019 levels to 1,057 people, but over the same time period saw an increase of 70% in tent homelessness; and
WHEREAS, this shelter crisis affects Berkeley's citizens disproportionately with more African American, Latino and elderly individuals experiencing homelessness; and WHEREAS, the COVID-19 pandemic limited shelter bed availability in Berkeley by forcing shelter providers to reduce bed capacity to maintain compliance with CDC physical distancing guidelines, from which the City has been slow to recover; and WHEREAS, the current number of homeless individuals in Berkeley far outpaces the number of existing shelter beds, transitional housing or permanent supportive housing units available; and
WHEREAS, homelessness encampments have increased across parts of Berkeley within the public right of way, thus exposing homeless individuals to traffic hazards, crime, risk of death and injury, exposure to weather, lack of adequate sanitation and debris services, and other conditions that are detrimental to their health and safety; and

Internal
WHEREAS, analysis and evidence have demonstrated that providing decent, safe and stable housing combined with crucial support services are two primary components of successful transition from homelessness to a safer and healthier way of living; and WHEREAS, this shelter crisis is not unique to Berkeley, but is evident throughout the Bay Area, California and the United States, causing other municipalities such as Los Angeles, Portland, Oregon and Seattle, Washington to also take more immediate actions to address these conditions; and
WHEREAS, given the extent of the shelter crisis, the City Council of the City of Berkeley finds that more immediate and expeditious efforts are necessary to develop additional shelter solutions that are safe and meet basic habitability standards and that flexibility and broad-based approaches are essential to increase capacity; and WHEREAS, California Government Code Section 8698, et seq., allows the governing body of a city to declare a shelter crisis when a significant number of persons are without the ability to obtain shelter, resulting in a threat to their health and safety; and WHEREAS, California Government Code Section 8698.1 provides that, upon a declaration of a shelter crisis, the provisions of any state or local regulatory statute, regulation or Resolution prescribing standards of housing, health, or safety, as applied to public facilities, shall be suspended to the extent that strict compliance would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis; and WHEREAS, California Government Code Section 8698.2 provides that, upon a declaration of a shelter crisis, a city may allow persons unable to obtain housing to occupy designated public facilities (including facilities leased by the city) during the duration of the crisis; and
WHEREAS, California Government Code Section 8698.4 provides that, The City may adopt reasonable local standards for design, site development, and operation of emergency bridge housing communities, structures, and facilities, in lieu of compliance with state and local building, housing, health, habitability or safety standards and laws.

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

1. Finds and determines the foregoing recitals to be true and correct and hereby makes them a part of this Resolution; and

2. This Resolution shall remain in place until January 17, 2029; and

3. Finds that a significant number of persons in Berkeley are without the ability to obtain shelter, and that this situation has resulted in a threat to the health and safety of these persons, for the reasons set forth above. The Council therefore hereby declares a shelter crisis in the City of Berkeley under the authority set forth in Government Code Section 8698, et seq.; and

4. Authorizes the City Manager or her designee to allow persons unable to obtain

Internal
housing to occupy designated City facilities or facilities leased by the City as shelters during the period of this crisis; and

5. Authorizes for the term of this Resolution, an exception to planning, zoning, building, or other permit requirements and administrative processes for the interim establishment of shelters for the homeless to the extent that strict compliance with the aforementioned regulations would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis. Capital projects supporting homeless shelters and other programs shall receive expedited permitting and waivers for expedited permit fees; and

6. Authorizes waiver of the City Manager’s expenditure limit up to $250,000 for the procurement of services that are directly related to providing temporary shelter and other related services for the people experiencing homelessness, and authorizes the City Manager to approve such contracts; and

7. Authorizes the City Manager to apply for and accept funding and grants from the County, State, and Federal governments for the provision of homeless services; and

8. Authorizes the City Manager to waive non-voter approved purchasing and bid requirements for the installation of facilities and services and approve contracts that are directly related to providing temporary shelter and other related services for the homeless. At the City Manager's discretion, the waiver of purchasing and bid requirements may apply to leased assets/equipment and other services that will be provided within or to support temporary shelter facilities and other related programs and services; and

9. Requires that permanent housing projects that apply the authority provided for under this resolution shall be reviewed and approved by the City Council prior to implementation, and shall include detailed plans for the project and the standards and requirements being applied to the facility and its operation; and

10. Finds that if this Resolution is inconsistent with any other provisions of the Berkeley Municipal Code, this Resolution shall apply. This Resolution suspends contrary regulations in the Berkeley Municipal Code or requirements of the General Plan or implementing regulations; and

11. Recognizes that this Resolution is enacted pursuant to the City of Berkeley's general police powers, and Article XI of the California Constitution, as well as the other provisions of state and local law otherwise cited herein; and

12. Finds that if any section, subsection, sentence, clause or phrase of this Resolution is for any reason held to be invalid or unconstitutional by decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the resolution. The City Council hereby declares that it would have passed this Resolution and each section, subsection, clause or phrase thereof irrespective of

Internal
the fact that one or more other sections, subsections, clauses or phrases may be declared invalid or unconstitutional.

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

EXTENSION OF DECLARATION OF HOMELESS SHELTER
CRISIS
WHEREAS, on January 19, 2016, the City Council unanimously passed Resolution No. 67,357-N.S., Declaring a Homeless Shelter Crisis in Berkeley, which was set to expire on January 19, 2017; and
WHEREAS, on November 15, 2016, the City Council passed Resolution No. 67,746- N.S., extending the previous Resolution to January 19, 2018; and WHEREAS, on October 31, 2017, the City Council passed Resolution No. 68,206-N.S., placing another extension until January 19, 2020; and
WHEREAS, on June 12, 2018, the City Council enacted Ordinance No. 7,613-N.S., setting forth reasonable local standards and procedures for the design, site development, and operation of homeless shelters and the structures and facilities therein; and
WHEREAS, on November 19, 2019, the City Council passed Resolution No. 69,189- N.S., extending the previous Resolution to January 2022; and WHEREAS, on January 18, 2022, the City Council passed Resolution No. 70,179-N.S., extending the previous Resolution to January, 2024; and WHEREAS, according to the last EveryOne HomeAlameda County Point-in-Time homeless count in January 20192022, the homeless population has risen to 1,108 decreased 5% from 2019 levels to 1,057 people, but over the same time period saw an increase of 70% in tent homelessness; and
WHEREAS, this shelter crisis affects Berkeley's citizens disproportionately with more African American, Latino and elderly individuals experiencing homelessness; and WHEREAS, the COVID-19 pandemic’s economic toll has exacerbated income inequality and housing insecurity for the most marginally housed households across the region, increasing the risk of homelessness;
WHEREAS, the COVID-19 pandemic has worsened shelter bed shortages limited shelter bed availability in Berkeley by forcing shelter providers to reduce bed capacity to maintain compliance with CDC physical distancing guidelines, from which the City has been slow to recover; and
WHEREAS, the current number of homeless individuals in Berkeley far outpaces the number of existing shelter beds, transitional housing or permanent supportive housing units available; and

Internal
WHEREAS, homelessness encampments have increased across parts of Berkeley within the public right of way, thus exposing homeless individuals to traffic hazards, crime, risk of death and injury, exposure to weather, lack of adequate sanitation and debris services, and other conditions that are detrimental to their health and safety; and WHEREAS, analysis and evidence have demonstrated that providing decent, safe and stable housing combined with crucial support services are two primary components of successful transition from homelessness to a safer and healthier way of living; and WHEREAS, this shelter crisis is not unique to Berkeley, but is evident throughout the Bay Area, California and the United States, causing other municipalities such as Los Angeles, Portland, Oregon and Seattle, Washington to also take more immediate actions to address these conditions; and
WHEREAS, given the extent of the shelter crisis, the City Council of the City of Berkeley finds that more immediate and expeditious efforts are necessary to develop additional shelter solutions that are safe and meet basic habitability standards and that flexibility and broad- based approaches are essential to increase capacity; and WHEREAS, California Government Code Section 8698, et seq., allows the governing body of a city to declare a shelter crisis when a significant number of persons are without the ability to obtain shelter, resulting in a threat to their health and safety; and WHEREAS, California Government Code Section 8698.1 provides that, upon a declaration of a shelter crisis, the provisions of any state or local regulatory statute, regulation or Resolution prescribing standards of housing, health, or safety, as applied to public facilities, shall be suspended to the extent that strict compliance would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis; and WHEREAS, California Government Code Section 8698.2 provides that, upon a declaration of a shelter crisis, a city may allow persons unable to obtain housing to occupy designated public facilities (including facilities leased by the city) during the duration of the crisis; and.

WHEREAS, California Government Code Section 8698.4 provides that, The City may adopt reasonable local standards for design, site development, and operation of emergency bridge housing communities, structures, and facilities, in lieu of compliance with state and local building, housing, health, habitability or safety standards and laws.

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

1. Finds and determines the foregoing recitals to be true and correct and hereby makes them a part of this Resolution; and

2. This Resolution shall remain in place until January 179, 20294; and

3. Finds that a significant number of persons in Berkeley are without the ability to obtain shelter, and that this situation has resulted in a threat to the health and safety

Internal
of these persons, for the reasons set forth above. The Council therefore hereby declares a shelter crisis in the City of Berkeley under the authority set forth in Government Code Section 8698, et seq.; and

4. Authorizes the City Manager or her designee to allow persons unable to obtain housing to occupy designated City facilities or facilities leased by the City as shelters during the period of this crisis; and

5. Authorizes for the term of this Resolution, no an exception to planning, zoning, building, or other permit requirements and administrative processes for the interim establishment of shelters for the homeless shall be required to the extent that strict compliance with the aforementioned regulations would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis. At the City Manager's discretion and with approval by the City Council, interim municipal health and safety provisions and land use controls may be applied to facilities ensuring minimal public health and safety standards. These interim standards shall only apply to additional public facilities open to the homeless Capital projects supporting homeless shelters and other programs shall receive expedited permitting and waivers for expedited permit fees; and

6. Authorizes waiver of the City Manager’s expenditure limit up to $250,000 for the procurement of services that are directly related to providing temporary shelter and other related services for the people experiencing homelessness, and authorizes the City Manager to approve such contracts; and

7. Authorizes the City Manager to apply for and accept funding and grants from the County, State, and Federal governments for the provision of homeless services; and

6.8. Authorizes the City Manager to waive non-voter approved purchasing and bid requirements for the installation of facilities and services and approve contracts that are directly related to providing temporary shelter and other related services for the homeless. At the City Manager's discretion, the waiver of purchasing and bid requirements may apply to leased assets/equipment and other services that will be provided within or to support temporary shelter facilities and other related programs and services; and.

7.9. Authorizes homelessRequires that permanent housing projects that apply the authority provided for under this resolution shall be reviewed and approved by the City Council prior to implementation, and shall include detailed plans for the project and the standards and requirements being applied to the facility and its operation; and

8.10. Finds that if this Resolution is inconsistent with any other provisions of the Berkeley Municipal Code, this Resolution shall apply. This Resolution suspends contrary regulations in the Berkeley Municipal Code or requirements of the General Plan or implementing regulations; and

Internal

9.11. Recognizes that this Resolution is enacted pursuant to the City of Berkeley's general police powers, and Article XI of the California Constitution, as well as the other provisions of state and local law otherwise cited herein; and

10.12. Severability.Finds that iIf any section, subsection, sentence, clause or phrase of this Resolution is for any reason held to be invalid or unconstitutional by decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Chapterresolution. The City Council hereby declares that it would have passed this Resolution and each section, subsection, clause or phrase thereof irrespective of the fact that one or more other sections, subsections, clauses or phrases may be declared invalid or unconstitutional.

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 16, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Eleanor Hollander, Economic Development Manager Subject: Acceptance - $30,000 Grant from the National Endowment for the Arts

RECOMMENDATION
Adopt a Resolution accepting a $30,000 grant from the National Endowment for the Arts (NEA). The grant will be used to support a new Civic Arts grant program totaling $60,000 to begin in Fiscal Year 2025 (FY25). The NEA grant will be used to underwrite a new program designed to support the following types of arts and cultural programming in the City of Berkeley:
 Nonprofit (not-art specific) organizations located in the City of Berkeley wishing to produce arts/cultural programming in the City of Berkeley led by a partnering arts organization or teaching artist; or
 Arts nonprofit organizations located in the Greater Bay Area (outside of Berkeley) wishing to produce arts/cultural programming taking place in the City of Berkeley.

FISCAL IMPACTS OF RECOMMENDATION
The NEA grant requires $30,000 in matching funds that were identified, prior to the grant application submittal (February 2023), and therefore requires no new identification of funds. The required one-to-one matching funds totaling $30,000 from the baseline FY25 budget and are comprised of the following reallocations within Fund 011:
$20,000 One (1) two-year Civic Arts General Operation Support grant award (FY23 and FY24) intended for Theatre First which closed in 2023 and was not paid out.
$4,000 One (1) less Individual Arts Grant (IND) selected for award in FY25.

This reduction of a single grant award in FY25 would leave a total of ten (10) IND grants to be awarded in FY25.
$6,000 Reallocate funds in FY25 that would normally be spent on artist workshops, advertising, and other program support services to instead bolster the new program the “Arts Program Grants” enabled by the matching grant from the NEA.

There is not an obligation to identify an ongoing financial match beyond FY25 with the acceptance of this grant award.

Grant from the National Endowment for the Arts CONSENT CALENDAR January 16, 2024

CURRENT SITUATION AND ITS EFFECTS
With an annual budget of approximately $700,000 from the City's General Fund (011), the Civic Arts Grants Program currently awards funding in three distinct categories: 1) Individual Artist Projects; 2) Community Festivals, and 3) General Operating Support.

This new NEA grant funding will allow for the establishment of a fourth Civic Arts Grants funding category – the Arts Program Grants, which will be administered in conjunction with the FY25 Civic Arts Grants process. The Arts Program Grants category aims to (1) foster cross-sector collaborations and opportunities for non-arts organizations to hire arts and cultural workers or partner with Berkeley-based arts organizations for programming, and (2) offer the Berkeley community the opportunity to engage in Greater Bay Area programming offered by non-Berkeley arts organizations taking place in Berkeley. Awards will be up to $5,000 each for eligible program-related expenses.

The review criteria for this new grant category are: Program Narrative and Timeline (25%), Artistic Merit and Artistic Excellence (25%), Community Engagement and Impact (25%), and Cultural Equity (25%).

BACKGROUND
After analyzing data from previous Civic Arts grant cycles, Civic Arts staff identified a gap in the current grant opportunities. Staff found that there are two types of arts programming that have historically not been eligible for Civic Arts Grants funding:

1. Berkeley-based non-arts nonprofit organizations seeking funding for their current arts programing, or wishing to start arts programing.

2. Arts organizations in the Greater Bay Area wishing to do programming in Berkeley, especially those organizations in neighboring communities who already have strong partnerships with Berkeley-based arts facilities.

In order to better support a wide range of arts and cultural activities in Berkeley and to increase equitable access to artistic expression and creativity, Staff sought to create the “Arts Program Grants” category and augment City funding for the arts by pursuing a matching grant from the NEA. Approval for the NEA grant application in accordance with the city’s administrative regulation (AR 1.17) was granted February 7, 2023. The City was notified of the award from the NEA on November 9, 2023.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no environmental sustainability or climate impacts associated with this recommendation.

RATIONALE FOR RECOMMENDATION
Accepting federal funding from the National Endowment for the Arts would help the City accomplish one of the five high-level goals articulated in The City of Berkeley’s Arts and Culture Plan (2018-2027): “Increase Investment in a Vibrant Arts Community, Strengthen and support Berkeley’s inclusive and culturally rich arts sector by expanding funding and marketing opportunities for a broader array of arts organizations.”

Grant from the National Endowment for the Arts CONSENT CALENDAR January 16, 2024

Additionally, accepting these funds aligns with the City of Berkeley’s fiscal policy to leverage City funds to secure matching State and Federal resources for the City of Berkeley.

ALTERNATIVE ACTIONS CONSIDERED
No alternatives were considered.

CONTACT PERSON
Hilary Amnah, Office of Economic Development, 510-981-7539 Attachment:
1: Resolution

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

ACCEPTING A $30,000 GRANT FROM THE NATIONAL ENDOWMENT FOR THE

ARTS (NEA) TO SUPPORT ACCESS TO ARTS AND CULTURAL PROGRAMMING IN

THE CITY OF BERKELEY BY CREATING A NEW CIVC ARTS GRANTS PROGRAM- BASED FUNDING CATEGORY KNOWN AS THE ARTS PROGRAM GRANTS.

WHEREAS, the Arts and Culture Plan for the City of Berkeley (2017-18) includes the goal of increasing investment in a vibrant arts community by expanding funding and marketing opportunities for a broader array of arts organizations; and WHEREAS, the Civic Arts Program has identified a gap in its current grant program offerings through data analysis, and community feedback on program-based funding; and WHEREAS, an Arts Program Grant would support the City’s ability to create increased access to arts and cultural programming taking place in Berkeley; and WHEREAS, federal funding from the National Endowment for the Arts is available to local arts agencies for sub-granting purposes; and
WHEREAS, the Civic Arts grant program has identified $30,000 in matching funds to use for a new grant program category, the Arts Program Grant of $60,000 total; and WHEREAS, the National Endowment for the Arts has awarded a $30,000 grant for this purpose and these funds will be put into revenue account code 336-21-208-252-0000- 000-000-434110.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the $30,000 grant from the National Endowment for the Arts be accepted for the above purpose.

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 16, 2024
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 16, 2024

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 $3,434,341 PROJECT Fund Source Amount
Advanced Medical
Response Unit 011 Prof. Services – Misc. $525,000
Towing Services 672 Equipment Maintenance $90,000
Ohlone Park Restroom
and Lighting 511 Measure T1 $966,200
Lorin & Gilman Parking
Benefit District(s)
Formation Services
011 General Fund $70,000
Fleet Vehicle Washing
Services 672 Equipment Maintenance $300,000
Mental health support and
consultation services for
home visiting and case
management staff
011 Non-personnel – Contract –
Misc. $100,000

Formal Bid Solicitations and Request for Proposals CONSENT CALENDAR Scheduled for Possible Issuance After Council January 16, 2024 Approval on January 16, 2024

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

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

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

RATIONALE FOR RECOMMENDATION
Need for the goods and/or services.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Darryl Sweet, General Services Manager, Finance, 510-981-7329 Youth Development
Program Assessment –
Youthworks Program
011 Non-personnel – Contract –
Misc. $248,141
Fire Warehouse
Improvements 778 CAP - FA - BUILDINGS $535,000
North Shattuck, College,
and Solano Avenue
Corridors Zoning Update
011 Non-personnel – Contract –
Misc. $600,000
Total: $3,434,341

Formal Bid Solicitations and Request for Proposals CONSENT CALENDAR Scheduled for Possible Issuance After Council January 16, 2024 Approval on January 16, 2024
Attachments:
1: Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on January 16, 2024
a. Advanced Medical Response Unit
b. Towing Services
c. Ohlone Park Restroom and Lighting
d. Lorin & Gilman Parking Benefit District(s) Formation Services e. Fleet Vehicle Washing Services
f. Mental health support and consultation services for home visiting and case management staff
g. Youth Development Program Assessment – Youthworks Program h. Fire Warehouse Improvements
i. North Shattuck, College, and Solano Avenue Corridors Zoning Update Note: Original of this attachment with live signature of authorizing personnel is on file in General Services.

NEXT 30 DAYS
DATE SUBMITTED: JANUARY 16, 2024
Attachment 1

SPECIFICATION
NO.

DESCRIPTION OF

GOODS /

SERVICES BEING

PURCHASED
APPROX.

RELEASE
DATE
APPROX. BID

OPENING DATE

INTENDED USE ESTIMATED COST BUDGET CODE TO BE

CHARGED
DEPT. / DIVISION CONTACT NAME
& PHONE
24-11647-C Advanced Medical
Response Unit
12/4/23 1/5/2024 The RFP is seeking a nurse
practitioner to staff an advanced
medical response unit for a six-
month pilot program in the
Berkeley Fire Department.

Through this new team, the
program aims to link 911 system
users with healthcare resources
tailored to their specific
requirements, as well as other
health services for the highest-
risk patient populations that lack
access to primary/preventative
care.
$525,000.00 011-72-742-837-0000-
000-423-612990
Fire/EMS Julie Haslam
510-292-8836
24-11654-C Fire Warehouse
Improvements
December-23 January-23 Accessibility upgrades and
interior additions for an office
and attic space. The scope also
includes a concrete pad in the
exterior yard.
$535,000 778-72-742-835-0000-
000-422-662110-
Fire Department
Uriel Gonzalez
x6627
DEPT. TOTAL $ 1,060,000.00
24-11648-C Towing Services Jan-24 March  2024  Towing services from qualified companies to accommodate the
City’s Public Works Dept. towing
needs. Towing services utilized for
city vehicles only from point A to
point B. No vehicle storage needed.

NTE $90,000 over the
course of three contract
years.
672-54-626-722-0000-000-
472-613110-
PW/ Fleet Division  Joy Brown
(510)981-6629
Sara Rubio
(510)981-5372
Don Colbert
(510)981-6467
24-11651-C Fleet Vehicle
Washing Services
Jan-24 Mar-24 Vehicle Fleet Washing Service
from qualified companies to
accommodate the City’s Public
Works Dept. Fleet Division.

Interior and exterior cleaning
services on all vehicle types.

These services are utilized by
multiple dept’s such as PD, Fire
Dept., and Zero Waste.

NTE $300,000 over
the course of three
contract years.
672-54-626-722-0000-
000-472-613110-
$100,000 for FY24
$100,000 for FY25
$100,000 for FY26
PW/Fleet Division Joy Brown
(510) 981-6629
Sara Rubio
(510) 981-5372
Don Colbert
(510) 981-6467
DEPT. TOTAL $ 390,000.00
1 of  3

NEXT 30 DAYS
DATE SUBMITTED: JANUARY 16, 2024
Attachment 1
24-11649-C Ohlone Park
Restroom and
Lighting
March 5, 2024 26-Mar-24 Replacement of the existing
porta-potties between California
Street and McGee Avenue with a
new, permanent prefab restroom
and lighting improvements
within the park.
$ 966,200.00 511-52-545-000-0000-
000-461-663110-
PRWT122007
Parks, Recreation, &
Waterfront / Capital
Projects
Evelyn Chan x6430
Stacey Rutherford
x6738
DEPT. TOTAL $ 966,200.00
24-11650-C Lorin & Gilman
Parking Benefit
District(s)
Formation Services
12/1/23 2/23/2024 The City of Berkeley is soliciting
written proposals from qualified
firms and or individuals
specializing in the formation of
Parking Benefit Districts (PBDs)
for the Lorin and Gilman business
districts pursuant to Section
36600 et seq. of the California
Streets and Highways Code, also
known as the Property
and
Business Improvement District
(PBID) Law of 1994 (the “Act”).
$ 70,000.00 Referral approved
1/18/22
Reso. N.O. 70,442 FY
23/24 Bi-annual budget
CMO/OED Kieron Slaughter, 510-
981-2490
DEPT. TOTAL $ 70,000.00
24-11652-C Mental health
support and
consultation
services for home
visiting and case
management staff
Feb-24 Mar-24 Assistance with providing Mental
health support for staff who
provide home visiting and case
management support in terms of
reflective supervision and
trainings.

NTE $100,000 HHPGHO2301 –
Nonpersonnel –
Contracts – Misc
GL: 011-51-506-555-
0000-000-451-612990
HHPGAC2301-
Nonpersonnel –
Contracts – Misc
GL:  011-51-506-561-
0000-000-451-612990

HHCS/ Public Health  Janice Chin
(510) 981- 5121

SPECIFICATION
NO.

DESCRIPTION OF

GOODS /

SERVICES BEING

PURCHASED
APPROX.

RELEASE
DATE
APPROX. BID

OPENING DATE

INTENDED USE ESTIMATED COST BUDGET CODE TO BE

CHARGED
DEPT. / DIVISION CONTACT NAME
& PHONE
2 of  3

NEXT 30 DAYS
DATE SUBMITTED: JANUARY 16, 2024
Attachment 1
24-11653-C Youth Development
Program
Assessment –
Youthworks
Program
Feb-24 Mar-24 Assistance in readiness
assessment, planning and
implementation of youth
development model, trainings,
and strategies for the revisioning
of the Youthworks Program.

NTE $248,141.00 HHPYTH2301 –
Nonpersonnel –
Contracts – Misc
GL: 011-51-506-555-
2025-000-449-621990-
HHCS/ Public Health Janice Chin
(510)981- 5121
DEPT. TOTAL $ 348,141.00
24-11655-C North Shattuck,
College, and Solano
Avenue Corridors
Zoning Update
1/29/2024 3/15/2024 The City of Berkeley seeks to
engage a firm or team of firms
(“consultant”) to assist in zoning
amendments for three priority
commercial and transit corridors,
with an estimated completion
date of no later than December
2026. The goals of the zoning
updates are to (1) revisit the land
uses and permits required in
these districts; (2) establish
objective development standards
in accordance with State laws,
and (3) increase the zoned
capacity for housing
development by at least 2000
units. The project will also
include targeted updates to the
General Plan Land Use Element
to align with proposed zoning
amendments, and associated
environmental review
$ 600,000.00 011-53-584-622-0000-
000-441-612990-
Land Use Planning  Uttara Ramakrishnan
510. 981.7483
Anne Hersch
510.981.7411
1/16/24
DEPT. TOTAL $ 600,000.00
TOTAL $ 3,434,341.00

SPECIFICATION
NO.

DESCRIPTION OF

GOODS /

SERVICES BEING

PURCHASED
APPROX.

RELEASE
DATE
APPROX. BID

OPENING DATE

INTENDED USE ESTIMATED COST BUDGET CODE TO BE

CHARGED
DEPT. / DIVISION CONTACT NAME
& PHONE
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: https://berkeleyca.gov/

CONSENT CALENDAR
January 16, 2024
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: Healthy Black Families for Housing Preference Policy Outreach and Education

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her designee to execute a contract and any amendments with Healthy Black Families (HBF) to provide outreach and education activities related to the Housing Preference Policy (HPP) from January 17, 2024 to January 17, 2025, in an amount not to exceed $70,400.

FISCAL IMPACTS OF RECOMMENDATION
This contract term is from January 17, 2024, to January 17, 2025. Funding for the outreach and engagement activities for the Housing Preference Policy (HPP) from the City’s General Fund is available in the Housing and Community Services General Fund (Fund 011) budget.

CURRENT SITUATION AND ITS EFFECTS
On July 11, 2023, the City of Berkeley adopted Resolution 70,960-N.S., to assist people displaced from Berkeley or facing displacement in Berkeley and those impacted by historical injustices to receive priority on a portion of new affordable housing units citywide. The HPP will apply to units created by the City’s Below Market Rate (BMR) and Housing Trust Fund (HTF) programs. The HPP becomes effective on January 1, 2024.

Outreach and education around the policy is necessary to ensure potentially eligible applicants understand and apply for preferences. This policy’s focus on households at risk of displacement and those already displaced from the community is outside the scope of the City’s traditional engagement activities.

Staff seeks to partner with HBF to conduct targeted outreach and education initiatives for potentially eligible households. HBF is uniquely equipped to support this effort on the basis of their history of community engagement on the policy and deep connections with the Berkeley community.

Contract: Housing Preference Policy Outreach and Education CONSENT CALENDAR January 16, 2024

Outreach and education efforts will include:
 Building an outreach list of displaced households and organizations who can share information to households who can benefit from the HPP;  Disseminating information through podcasts, public service announcements, newsletters, social media, and fliers;
 Organizing and hosting information sessions in person and online; and  Serving as co-collaborator and advisor to City staff by drafting and providing input on engagement/education materials.

BACKGROUND
The HPP is a community-driven policy created through extensive outreach and engagement led by Healthy Black Families. In 2019, in response to Council referrals and ongoing community advocacy for a preference policy, the Department of Health, Housing, and Community Services (HHCS) and the Planning and Development Department worked together to apply for a Partnership for the Bay’s Future (PBF) Challenge Grant. The Challenge Grant, which commenced in March 2020, allowed HHCS to support community partners HBF and East Bay Community Law Center (EBCLC) to engage in a community-driven process to make recommendations for the HPP.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no specific environmental sustainability and climate impacts associated with this contract.

RATIONALE FOR RECOMMENDATION
Healthy Black Families was a significant partner in coordinating engagement and the development of the Housing Preference Policy. Healthy Black Families is the only contractor with a deep knowledge of the policy and extensive and trusting relationships with key stakeholders that are critical for successful implementation. Partnering with Healthy Black Families on outreach and engagement is necessary to ensure: 1) potential applicants understand and apply for preferences, and 2) the City is honoring the policy's intent to address the negative impacts of displacement.

ALTERNATIVE ACTIONS CONSIDERED
The City may choose to entertain a competitive bidding process to identify a community outreach partner. HHCS does not recommend that route because Healthy Black Families was so fully involved in developing the policy with community, that a bidding process would both delay the process and yield the same recommendation.

CONTACT PERSON
Anna Cash, Community Development Project Coordinator, HHCS, (510) 981-5403 Mariela Herrick, Community Development Project Coordinator, HHCS, (510)981-5424

Contract: Housing Preference Policy Outreach and Education CONSENT CALENDAR January 16, 2024

Attachments:
1: Resolution

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

CONTRACT: HEALTHY BLACK FAMILIES FOR HOUSING PREFERENCE POLICY

OUTREACH AND EDUCATION
WHEREAS, the City of Berkeley adopted Resolution 70,960-N.S. on July 11, 2023 to establish anti-displacement preferences in affordable housing projects through a Housing Preference Policy; and
WHEREAS, the Housing Preference Policy is effective as of January 1, 2024; and WHEREAS, outreach and education around the policy is necessary to ensure eligible applicants understand and apply for preferences; and
WHEREAS, Healthy Black Families led engagement for the development of the Housing Preference Policy through the City’s Partnership for the Bay’s Future grant and established unique connections with local stakeholders and community members; and WHEREAS, Healthy Black Families is uniquely equipped to partner with the City on outreach and education given their leadership role in community-driven development of the policy and extensive networks in the Berkeley community; and WHEREAS, community outreach and education will include building an outreach list, hosting online and in-person info sessions, providing input to the City on user-friendly policy materials, and disseminating public information through podcasts, newsletters, and social media with a focus on Berkeley community members at risk of displacement or who have already been displaced.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is authorized to execute a contract and any amendments with Healthy Black Families as a contractor to provide outreach and engagement services to support Housing Preference Policy outreach and education from January 17, 2024 to January 17, 2025 in an amount not to exceed $70,400.

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

CONSENT CALENDAR
January 16, 2024
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. 32300203 Amendment: Hansine Fisher & Associates for Targeted Case Management, Medi-Cal Administrative Activities, CalAIM Enhanced Care Management Consulting Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 32300203 for $73,060 and any additional amendments or extensions, with Hansine Fisher & Associates for Targeted Case Management (TCM) consulting services. The contract amendment’s not-to-exceed amount will be increased to a total of $172,600 for the period July 1, 2023 through June 30, 2024.

FISCAL IMPACTS OF RECOMMENDATION
Hansine Fisher & Associates, a consulting firm, was selected to provide a comprehensive review and analysis of the Targeted Case Management (TCM) and Medi-Cal Administrative Activities (MAA) programs for the Health, Housing, and Community Services Department (HHCS). The current contract has a not-to-exceed amount of $99,540. The contract amendment will add more services and will increase the not-to-exceed amount by $73,060, resulting in an amended total not-to-exceed amount of $172,600. Funds will be added in the Second Amendment to the FY 2024 Annual Appropriations Ordinance from Fund 313.

CURRENT SITUATION AND ITS EFFECTS
The Hansine Fisher & Associates contract scope of work and associated budget will be amended to include an analysis and recommendation for implementation for the CalAIM/Enhanced Care Management (ECM) initiative from the State. ECM is a new statewide Medi-Cal benefit available to eligible members with complex needs, including access to a single Lead Care Manager who provides comprehensive care management and coordinates their health and health-related care and services. This additional scope of work is to determine whether becoming an ECM provider is a sound strategic and financial option when paired with TCM.

Contract No. 32300203 Amendment: Hansine Fisher & Associates CONSENT CALENDAR for Targeted Case Management January 16, 2024

Effective January 1, 2024, Enhanced Care Management will be a statewide Medi-Cal benefit available to select members with complex needs. CalAIM and ECM implementation will have an impact on the TCM program and how it operates in the City. Analysis of the TCM program would not be accurate without considering the impact of ECM beginning July 1, 2024, when new clients who are eligible for the ECM benefit can no longer receive TCM services. Since the City receives funding based on the services provided, reduced services will lead to reduced funding.

HHCS currently operates TCM and MAA programs within the Aging Services Division (HHCS/AS) and the Public Health Division (HHCS/PH). TCM provides a reimbursement for specialized case management services to Medi-Cal eligible individuals in a defined target population so that they can access needed medical, social, educational, and other services. Through MAA, the state reimburses the City for activities it completes connecting Medi-Cal with eligible and potentially eligible individuals and families.

The proposed services will produce a model of case management services that best serves the vulnerable populations that is eligible for TCM and MAA services, maximize reimbursement, and ensure accurate and complete documentation processes to support audit readiness so that services can be provided sustainably.

BACKGROUND
The City released a Request for Proposals (RFP) in fiscal year 2023 under Specification No. 23-11582-C, and convened a panel of stakeholders to select Hansine Fisher & Associates as the most responsive and responsible bidder for this contract

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no environmental impacts identified at this time.

RATIONALE FOR RECOMMENDATION
Hansine Fisher & Associates is a well-respected consulting firm with demonstrated subject matter expertise on TCM and MAA programs that has provided excellent services to date. Their proposal includes high quality services that align with the intended goals of maximizing program objectives and reimbursement for eligible services.

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

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

Contract No. 32300203 Amendment: Hansine Fisher & Associates CONSENT CALENDAR for Targeted Case Management January 16, 2024

Attachments:
1: Resolution

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

CONTRACT NO. 32300203 AMENDMENT: HANSINE FISHER & ASSOCIATES:

TARGETED CASE MANAGEMENT CONSULTING SERVICES
WHEREAS, the City of Berkeley Department of Health, Housing & Community Services (HHCS), is committed to providing comprehensive Targeted Case Management services to Medi-Cal eligible clients, and
WHEREAS, HHCS seeks to eliminate health and educational inequities; and WHEREAS, on May 9, 2023 Council approved the execution of a contract with Hansine Fisher and Associates to provide targeted case management and Medi-Cal Administrative Activity consulting services in the amount of $100,000.

WHEREAS, CalAIM Enhanced Care Management (ECM) is a new Medi-Cal benefit effective January 1, 2024 that has impacts on the targeted case management program.

WHEREAS, funds are available in the current year budget NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is authorized to execute an amendment to Contract No. 32300203, for an additional $73,060 and any additional amendments or extensions, with Hansine Fisher & Associates for Targeted Case Management (TCM) consulting services.

The contract amendment’s not-to-exceed amount will be increased to a total of $172,600 for the period July 1, 2023 thru June 30, 2024. A record signature copy of said contract and any amendments to be on file in the City Clerk Department.

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

CONSENT CALENDAR
January 16, 2024
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. 32300134 Amendment: Bonita House for Specialized Care Unit Provider

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her designee to amend Contract No. 32300134 with Bonita House to add $11,500 of state Crisis Care Mobile Units (CCMU) grant funding for a not-to-exceed amount of $4,579,500.

FISCAL IMPACTS OF RECOMMENDATION
This amendment will add $11,500 for a total not-to-exceed amount of $4,579,500.

Funding for the Bonita House contract for the Specialized Care Unit (SCU) is available in the FY 2024 budget in State of California CCMU funding in the One-Time Grant Fund (Fund 336), which specifically funds mobile crisis response activities.

CURRENT SITUATION AND ITS EFFECTS
The SCU is a Strategic Plan Priority Project, advancing our goal to champion and demonstrate social and racial equity. City Council approved the selection of Bonita House as the SCU service provider on December 13, 2022. Throughout 2023, Bonita House has hired and trained staff for the SCU. The SCU began providing crisis response services to the Berkeley community on September 5, 2023. In order to conduct SCU services, Bonita House has rented vehicles while the team waits for the City-purchased vehicles to arrive. Because the new vehicles are not yet available, the state has approved a budget modification moving funds initially set aside for maintenance of purchased vehicles during calendar 2023 to reimburse costs of rental vehicles from September and October of 2023.

BACKGROUND
As part of the Re-Imagining Public Safety process, the City engaged in research and planning to implement a 24/7 SCU to respond to and support people who are experiencing a mental health or substance use crisis without direct involvement of the police. The SCU is different than the City’s current Mobile Crisis Team that is a partnership of HHCS’ Mental Health Division (HHCS/MH) and the Police Department.

Contract No. 32300134 Amendment: CONSENT CALENDAR
Bonita House for Specialized Care Unit Provider January 16, 2024

Design for the SCU began in Fall 2020 with contracted consultant, Resource Development Associates (RDA), and the establishment of the SCU Steering Committee, an advisory group of HHCS and Berkeley Fire Department staff as well as representation from the Berkeley Mental Health Commission and Berkeley Community Safety Coalition. After extensive work with the community, the City selected Bonita House as the provider for the SCU and services began in September 2023.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
No environmental sustainability and climate impacts directly associated to this recommendation have been identified.

RATIONALE FOR RECOMMENDATION
The additional funding from the Crisis Care Mobile Units (CCMU) program was initially allocated for vehicle maintenance for City-purchased vehicles. Due to supply chain issues and vehicle customizations, the SCU has rented vehicles to perform necessary program operations in their initial operating months. Repurposing these CCMU funds to support rental vehicle costs aligns with the intent to support SCU vehicles for crisis response operations.

ALTERNATIVE ACTIONS CONSIDERED
No alternative actions were considered because these funds are meant to be used to support vehicle-related costs for the SCU and this aligns with the spend plan approved by the CCMU funder.

CONTACT PERSON
Katie Hawn, Senior Management Analyst, HHCS, 510-981-5411 Lisa Warhuus, Director, Health, Housing, and Community Services, 510-981-5404 Attachment:

1. Resolution

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

CONTRACT NO. 32300134 AMENDMENT: BONITA HOUSE FOR SPECIALIZED

CARE UNIT PROVIDER
WHEREAS, Contract #32300134 was awarded to Bonita House, Incorporated to implement the City of Berkeley’s new Specialized Care Unit (SCU); and WHEREAS, through Contract #32300134 Bonita House has hired and trained staff to provide daily crisis response services to Berkeley community members; and WHEREAS, $11,500 was allocated through the Crisis Care Mobile Units (CCMU) grant to support vehicle maintenance throughout the summer and fall of 2023; and WHEREAS, the SCU has been using rental vehicles while awaiting the arrival of City- purchased vehicles in order to provide necessary crisis services; and WHEREAS, this grant funding has been approved to reimburse costs of these rental cars that Bonita House has used to implement the SCU in September and October 2023.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is authorized to amend the SCU Contract No. 32300134 with Bonita House by adding $11,500 for a not-to-exceed amount of $4,579,500. Funding is available in the FY2023 budget in State of California CCMU funding in in the One-Time Grant Fund (Fund 336), which specifically funds mobile crisis response activities.

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

CONSENT CALENDAR
January 16, 2024
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 Contract: Funding from Berkeley Unified School District for First Aid Services at the Berkeley High School Health Center

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her designee to execute a contract and any resultant revenue agreements and amendments with the Berkeley Unified School District to conduct first aid services at the Berkeley High School Health Center with the projected total amount of $920,557 for July 1, 2023 to June 30, 2028.

FISCAL IMPACTS OF RECOMMENDATION
The City will receive funds in the estimated amount of $920,557 from Berkeley Unified School District (BUSD) for the period FY 2024 through FY 2028. The contract will be assigned a contract number and the revenue deposited in Fund 324. Funding in the amount of $184,111 per fiscal year will be subject to the Appropriation Ordinance in the FY2024 through FY2028 budgets for a projected total amount $920,557 for July 1, 2023 to June 30, 2028. This is BUSD’s primary contribution to the Berkeley High School Health Center (BHSHC) services that is otherwise funded and operated by City of Berkeley to provide services such as reproductive health and mental health services.

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
BUSD and the Health, Housing, and Community Services Department (HHCS) have a long-standing partnership in the operations of the Berkeley High School (BHS) Health Center. In addition to first aid services funded by BUSD, the City currently provides reproductive sexual health services, mental health services, and basic needs supports for students at the BHS Health Center. The City leverages Federal, State, and County funding and City General fund to support these services with approximately 6 FTEs to provide reproductive health services and 5.0 FTE to provide mental health services.

Through this partnership with BUSD, the City is committed to advancing our goal to create a resilient, safe, connected, and prepared city, as well as champion and demonstrate social and racial equity.

Revenue Contract: Funding from Berkeley Unified School District Health Center CONSENT CALENDAR for First Aid Services at the Berkeley High School January 16, 2024

BACKGROUND
The High School Health Center was developed in 1991 by concerned parents, School Board/school district officials, the City of Berkeley Public Health and Mental Health Divisions, and other community partners. All services are free to students that access this school-based health center as it has been designed as a safe place where young people not only receive care, but also learn to advocate for their own needs and to express their autonomy. In 2005, the BHSHC expanded its services to include first aid services and has continued to grow the existing reproductive sexual health and mental health services at this school-based health center. The BHSHC has provided services to over 1,000 youth annually with an average of over 5,000 visits per year (based on non-pandemic years).

With the support of BUSD, this funding will support the continuation of first aid services provided at the High School Health Center. The City of Berkeley receives funding from many sources annually to complete activities to improve the health of the community.

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 contract 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.

CONTRACT AGREEMENT: FIRST AID SERVICES AT THE BERKELEY HIGH

SCHOOL HEALTH CENTER
WHEREAS, the City of Berkeley Department of Health, Housing & Community Services, Public Health Division (HHCS/PHD), is committed to promoting the health and well-being, of our community and youth.

WHEREAS, on March 1, 2007, the City of Berkeley executed Contract number R7227 with Berkeley Unified School District, to provide first aid services at the Berkeley High School Health Center.

WHEREAS, the City of Berkeley and BUSD have partnered to operate a health center on the Berkeley High School Campus since 1991.

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 Berkeley Unified School District funding for fiscal years 2024 through 2028 to provide first aid services on the Berkeley High School Campus; execute any resultant revenue agreements and amendments; and implement the projects and appropriation of funding in the estimated amount of $920,557 for July 1, 2023 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.

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 16, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Aram Kouyoumdjian, Director of Human Resources Subject: Correcting Effective Date for Salary Range Adjustments of Select Local One Supervisors

RECOMMENDATION
Adopt a Resolution amending Resolution No. 70,993-N.S. and correcting the effective date of the increase in the salary range of select Local One supervisors – namely, Senior Building Maintenance Supervisor, Senior Equipment Supervisor, Senior Public Works Supervisor, and Senior Solid Waste Supervisor – from January 1, 2023 to December 1, 2022.

This Resolution follows Council consideration of this item in Closed Session on November 6, 2023.

FISCAL IMPACTS OF RECOMMENDATION
The sole fiscal impact of the recommendation is estimated to be $7,336, representing one month’s equivalent of the salary range adjustments approved by Council for the aforementioned classifications.

CURRENT SITUATION AND ITS EFFECTS
On July 25, 2023, Council adopted Resolution No. 70,993-N.S. to increase the salary range of the Senior Building Maintenance Supervisor classification by 9.30%; Senior Equipment Supervisor by 13.00%; Senior Public Works Supervisor by 8.53%; and Senior Solid Waste Supervisor by 8.53%, effective January 1, 2023. The effective date was misstated due to clerical error and should have been December 1, 2022, consistent with the agreement that the City had reached with Public Employees Union, Local One.

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

RATIONALE FOR RECOMMENDATION
The recommendation seeks to correct a clerical error and clarify that the effective date of the salary range increases should be December 1, 2022 in order to reflect the City’s agreement with Local One.

CONSENT CALENDAR
January 16, 2024
Correcting Effective Date for Salary Range Adjustments
of Select Local One Supervisors

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Aram Kouyoumdjian, Human Resources Director, (510) 981-6807.

Attachments:
1: Resolution

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

AMENDING RESOLUTION NO. 70,993-N.S. AND CORRECTING EFFECTIVE DATE

FOR SALARY RANGE ADJUSTMENTS OF SELECT LOCAL ONE SUPERVISORS WHEREAS, at its meeting of July 25, 2023 the City Council adopted Resolution No. 70,993-N.S. and approved salary range adjustments for select Local One supervisors – namely, Senior Building Maintenance Supervisor, Senior Equipment Supervisor, Senior Public Works Supervisor, and Senior Solid Waste Supervisor – with an effective date of January 1, 2023;
WHEREAS, the January 1, 2023 date constituted a clerical error, and December 1, 2022 was the actual effective date that was agreed upon by the City and Public Employees Union, Local One;
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that Resolution No. 70,993-N.S. be amended, and the effective date for the salary range adjustments approved on July 25, 2023 for Senior Building Maintenance Supervisor, Senior Equipment Supervisor, Senior Public Works Supervisor, and Senior Solid Waste Supervisor shall be December 1, 2022.

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

CONSENT CALENDAR
January 16, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Kevin Fong, Director, Information Technology Subject: Contract No. 32200162-1 Amendment: ThirdWave Corporation for Professional Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to amend Contract No. 32200162 with ThirdWave Corporation for professional services for an amount not to exceed of $230,000 for a total contract value not to exceed $275,000 through June 30, 2025.

FISCAL IMPACTS OF RECOMMENDATION
One-time funding for this project is available in the Department of Planning & Development’s Permit Service – Professional Services – Miscellaneous fund as follows:
$230,000
FY 2024 Department of Planning & Development
Fund 621 - Planning & Development Permit Service - Professional Services $230,000 Total FY 2024 Department of Planning & Development Permit Service

CURRENT SITUATION AND ITS EFFECTS
The ongoing project involving the procurement of a new permitting system is a critical initiative for the Planning & Development Department supported by the IT Department and by other Departments that process permits including Public Works and Fire. The primary objective of this project is to streamline and optimize the building and land use permitting processes through the acquisition of suitable integrated software and hardware systems. This is anticipated to be implemented by a Software as a Service (SaaS) model wherein the system vendor provides both software and hardware systems running on cloud-based servers.

Given the increasing complexity of Planning & Development’s permitting system procurement project, the addition of process mapping services from ThirdWave is a logical step forward. This contract amendment will enable the Planning & Development Department, the Fire Department, and the Public Works Department, supported by the IT Department, to achieve a more seamless and successful implementation of the chosen solution. Incorporating process mapping, will ensure that the cloud-based software system not only meets the Planning & Development, Fire

Contract No. 32200162-1 Amendment: Thirdwave Corporation for Professional Services, CONSENT Calendar January 16, 2024

Department, and Public Works Department’s functional requirements but also integrates seamlessly with department operations. This holistic approach will lead to enhanced efficiency, reduced risks, and improved decision-making throughout the project.

This project is in alignment with the City’s strategic goal to be a customer-focused organization that provides excellent, timely, easily-accessible service and information to the community.

BACKGROUND
ThirdWave’s patented RapidWorkflow® Process Modeling (RWPM) workshops have proven to be a critical tool that assisted in the development of prior Berkeley City Council approved projects including the ERP Replacement Project: Enterprise Modules Needs Assessment and the Information Technology Strategic Plan & Cost Allocation Plan. Based on these prior successes, on March 7, 2022, the City signed Contract No. 32200162 with ThirdWave Corporation for CIO Support Services similar in Task 2 to the Professional Services in this amendment.

ENVIRONMENTAL SUSTAINABILTY AND CLIMATE IMPACTS
ThirdWave Corporation conducts a portion of their work remotely. When on-site visits may be required for face-to-face meetings, they will cluster those visits over multiple days to minimize travel costs and greenhouse gas emissions related to travel. Additionally, by identifying cumbersome business practices the City is able to maintain an environmentally sound technology infrastructure.

RATIONALE FOR RECOMMENDATION
ThirdWave’s RWPM Workshops have proven to be an effective and efficient way of documenting business processes and identifying pain points and areas for improvement. ThirdWave’s patented RWPM was a critical tool that assisted in the development of the Citywide Digital Strategic Plan and Enterprise Modules Needs Assessment. Participating in business process mapping with ThirdWave will continue to increase efficiency, consistency, and customer service and will specify requirements for the new Permitting System RFP.

ALTERNATIVE ACTIONS CONSIDERED
Staff considered completing the project without ThirdWave’s service. However, doing so would lead to an inefficient allocation of staff resources and less than optimal requirement and process maps due to ThirdWave Corporation’s expertise with their RWPM tool.

CONTACT PERSON
Kevin Fong, Director, Information Technology
Attachments:
1: Resolution

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

CONTRACT NO. 32200162-1 AMENDMENT: THIRDWAVE CORPORATION FOR

PROFESSIONAL SERVICES
WHEREAS, on March 7, 2022, the City signed Contract No. 32200162 with ThirdWave Corporation for CIO Support Services; and
WHEREAS, ThirdWave’s patented RWPM (RapidWorkflow® Process Modeling) is a critical tool that assisted in the development of prior Berkeley City Council approved projects including the ERP Replacement Project: Enterprise Modules Needs Assessment and the Information Technology Strategic Plan & Cost Allocation Plan and
WHEREAS, the RWPM tool has proven to be an effective and efficient way of documenting business processes and identifying pain points and areas for improvement; and WHEREAS, the Planning & Development Department, Fire Department, and Public Works Department would benefit from application of the RWPM Tool to Department business processes, and;
WHEREAS, funding for this one-time project is available in the Planning & Development Department’s Fund 621 – Permit Service - Professional Services – Miscellaneous Fund.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to amend Contract No. 32200162 with ThirdWave Corporation for professional services for an amount not to exceed $230,000, and a total contract value not to exceed $275,000 from March 7, 2022 through June 30, 2025.

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 16, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Kevin Fong, Director, Information Technology Subject: Contract No. 32100080-1 Amendment: Assetworks LLC Software Modules and Professional Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to amend Contract No. 32100080 with AssetWorks, LLC to provide additional software modules and professional services extending the term of the contract through December 31, 2028, increasing the amount by $270,000, for a total not-to-exceed amount of $757,249.

FISCAL IMPACTS OF RECOMMENDATION
Funding for the additional modules and professional services are available in the Department of Public Works’ Fleet Management Tech Services – Software Maintenance Fund, as itemized below. Any future expenditures are subject to Council approval of the proposed citywide budget and Annual Appropriations Ordinances.

FY 2024 - FY 2029: Software Maintenance – Public Works $157,564 Fund 672 – Public Works Department Tech Services – Equipment Maint FY 2024 - FY 2029: Professional Services – Public Works$112,436 Fund 672 – Public Works Department Professional Services $270,000 Total Software Maintenance & Professional Services

CURRENT SITUATION AND ITS EFFECTS
The department of Public Works is currently in the process of implementing a new fleet management software, called AssetWorks. As staff progressed through the Discovery phase of the implementation, staff identified a Motor Pool module along with a telematics and EV (Electric Vehicle) integration service that would streamline City operations and increase vehicle safety. These critical features are additions to the scope of the new fleet management system that add significant value to the City.

January 16, 2024

This AssetWorks implementation is consistent with the City’s strategic goal to “Provide state-of-art, well maintained infrastructure, amenities, and facilities.”

BACKGROUND
The City has approximately 700 vehicles and equipment which receive routine maintenance and repair. The Equipment Maintenance division intakes and processes approximately 800 work orders every month. To manage this work, City staff use the Sungard Public Sector solution (FUND$) as the fleet management solution, originally put in place in 1991. The SunGard system (FUND$) runs on an IBM iSeries server and utilizes a legacy 5250 green screen user interface. The system is keyed entry menus compared to modern point and click software. Beyond its interface impediments, FUND$ lacks many of the advanced processing, reporting, data analysis, and granular security features that are readily available in newer software packages. The City has made 2,000 customizations to the Sungard product. As such, it requires heavy support from Information Technology staff to maintain the system.

On October 19, 2018, the City issued Request for Proposals (RFP) #19-11260-C for an improved Fleet Management Software & Implementation Services. The City received three (3) responses to the RFP by the December 18, 2018 deadline. A committee of seven staff members from the Public Works and Information Technology departments conducted a comprehensive evaluation process that included proposal reviews, vendor demonstrations, and reference calls. Staff selected Assetworks as presenting the most comprehensive, user responsive, and effective solution for the City’s current and future fleet management needs.

In 2020, with Council’s approval, the City entered into a contract agreement (No. 32100080) with AssetWorks, LLC to provide new fleet management software. In March 2021, the implementation started.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
A modern and computerized fleet management system with a mobile application will greatly reduce the City’s use of paper. This supports the reduction of carbon footprint and the goals of the City’s Climate Action Plan.

RATIONALE FOR RECOMMENDATION
The addition of the Motor Pool module will centralize management of the City’s pool of shared vehicles. This will provide a portal for staff to more efficiently reserve vehicles with automated confirmation. Additionally, the electric vehicle integration will allow for accurate electric usage and billing. Lastly, the telematics integration notifies the Fleet division of vehicle errors or warning signs which allow staff to take proactive steps to ensure the City’s fleet is in optimal and safe operational condition.

Contract No. 32100080-1 Amendment: Assetworks LLC Software & Professional Services CONSENT CALENDAR

January 16, 2024

ALTERNATIVE ACTIONS CONSIDERED
Staff considered completing the project without the Motor Pool module and EV and telematics integrations. However, doing so would lead to an inefficient allocation of staff resources and less than optimal operational condition of the City’s fleet vehicles.

CONTACT PERSON
Kevin Fong, Director, Information Technology, 510-981-6541 Attachment:
1: Resolution

Contract No. 32100080-1 Amendment: Assetworks LLC Software & Professional Services CONSENT CALENDAR

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

CONTRACT NO. 32100080-1 AMENDMENT: ASSETWORKS, LLC FOR SOFTWARE

MODULES AND PROFESSIONAL SERVICES
WHEREAS, the current Fleet Management system is a module within the antiquated FUND$ system that cannot meet the current business requirements of the organization; and
WHEREAS, the City of Berkeley desires to procure a Commercial Off-the-Shelf “Turnkey” system to handle fleet
management; and
WHEREAS, on October 19, 2018, the City of Berkeley issued Request for Proposal No. 19-11260-C for an improved fleet management software & implementation services and received 3 responding bidders; and
WHEREAS, in response to the City’s Request for Proposal, Assetworks responded with a proposal that was rated higher than responses submitted by competing vendors; and WHEREAS, on July 23, by Resolution No. 69,043 - N.S., the Council approved a contract (No. 32100080) with AssetWorks for a Fleet Management software and related implementation services, for an amount not to exceed $487,249 for the projected period commencing on July 24, 2019 through June 30, 2024; and
WHEREAS, th e City see ks to imple ment the MotorPo ol and addition al integration services to optimize staff resourcing and ensure vehicle safety; and WHEREAS, funds for this additional module and professional services are available in the Department of Public Works’ Fleet Management Tech Services – Software Maintenance Fund.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to amend Contract No. 32100080 with AssetWorks, LLC to provide additional software module, training and professional services, increasing the amount by $270,000, for a total not-to-exceed amount of $757,249 and extending the term of the contract through December 31, 2028.

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 16, 2024

To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Scott Ferris, Director, Parks, Recreation & Waterfront Subject: Grant Application: Caltrans Sustainable Transportation Grant Program for the Interstate 80 at Aquatic Park Tide Tube Renovation Project

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her designee to submit a grant application to the Caltrans Sustainable Transportation Planning Grant Program for the Interstate 80 at Aquatic Park Tide Tube Renovation Project; accept any grants; execute any resulting grant agreements and any amendments; and that Council authorize the implementation of the projects and appropriation of funding for related expenses, subject to securing the grants.

FINANCIAL IMPLICATIONS
On January 18, 2024, the City will submit a grant application to the Caltrans Sustainable Transportation Grant Program for the planning phase of the Interstate 80 at Aquatic Park Tide Tubes Renovation Project in the amount of up to $535,000. The grant program requires a 12% local cash match of $63,600, which will be funded by the Parks Tax.

CURRENT SITUATION AND ITS EFFECTS
On October 3, 2023, The California Department of Transportation (Caltrans) released the Fiscal Year (FY) 2024-25 Sustainable Transportation Planning Grant Application Guide and Call for Applications. A total of $53.4 million is available for transportation planning projects statewide. Within this program, the Climate Adaptation Planning grant program has $31.9 million available. The City will submit a grant proposal to investigate feasible methods to renovate the existing failing subsurface culverts (tide tubes) that connect Aquatic Park to the Bay underneath I-80, and to the Model Yacht Basin. This project will increase the resilience of I-80, Bolivar Drive at Aquatic Park, and the adjacent local City roads (e.g., 2nd Street) from the impacts of sea-level rise and increased storms due to climate change.

BACKGROUND
In 2020, the City completed the Aquatic Park Tide Tubes Maintenance Project to evaluate the condition of the existing tide tubes and perform maintenance cleaning.

Grant Application: Caltrans Sustainable Transportation Program for CONSENT CALENDAR Interstate 80 at Aquatic Park Tide Tube Renovation January 16, 2024

The evaluation determined that the tide tubes exhibit signs of cracking and will likely fail within ten years, and therefore need renovation. The projected increase in storms due to climate change will cause more stormwater to flow through the existing tubes, which will lead to accelerated erosion of the roadbed underneath Interstate 80 and a potential failure of the Interstate. This would create significant impacts to the region in terms of traffic congestion, delays in commuter and the movement of goods and services, increased greenhouse gases, and traffic spillover into the local roads of West Berkeley until the Interstate can be repaired.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
All parks improvement construction projects are required to comply with the City of Berkeley Climate Action Plan, specifically in terms of reducing construction waste, as well as environmentally preferred purchasing guidelines to reduce waste and increase the use of renewable resources. This project helps the City meet Strategic Goal 1 – infrastructure.

RATIONALE FOR RECOMMENDATION
This project will increase the resilience of I-80, Bolivar Drive at Aquatic Park, and the adjacent local City roads (e.g., 2nd Street) from the impacts of sea-level rise and increased storms due to climate change.

ALTERNATIVE ACTIONS CONSIDERED
None

CONTACT PERSON
Scott Ferris, Director of Parks, Recreation & Waterfront, 981-6703 Attachments
1: Resolution – GRANT APPLICATION: CALTRANS SUSTAINABLE TRANSPORTATION PLANNING PROGRAM FOR THE I-80 AND AQUATIC PARK

TIDE TUBE RENOVATION PROJECT

RESOLUTION NO. -N.S
GRANT APPLICATION: CALTRANS SUSTAINABLE TRANSPORTATION PLANNING PROGRAM FOR THE I-80 AND AQUATIC PARK TIDE TUBE RENOVATION

PROJECT
WHEREAS, the City Council of the City of Berkeley is eligible to receive Federal and/or State funding for certain transportation planning-related plans, through the California Department of Transportation; and
WHEREAS, a Restricted Grant Agreement (RGA) is needed to be executed with the California Department of Transportation before such funds can be reimbursed through the Transportation Planning Grant Program; and
WHEREAS, on October 3, 2023, the California Department of Transportation (Caltrans) released the Fiscal Year (FY) 2024-25 Sustainable Transportation Planning Grant Application Guide and Call for Applications. A total of $53.4 million is available for transportation planning projects statewide. Within this program, the Climate Adaptation Planning grant program has $31.9 million available; and WHEREAS, on January 18, 2024, the City will submit a grant proposal in the amount of up to $535,000 to investigate feasible methods to renovate the existing failing subsurface culverts (tide tubes) that connect Aquatic Park to the Bay underneath I-80, and to the Model Yacht Basin. This project will increase the resilience of I-80, Bolivar Drive at Aquatic Park, and the adjacent local City roads (e.g., 2nd Street) from the impacts of sea- level rise and increased storms due to climate change; and WHEREAS, the grant program requires a 12% local match of $63,600, which will be covered by the Parks Tax.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or a designee (F. Scott Ferris) is authorized to: submit a grant application to the Sustainable Transportation Planning Program of Caltrans for the Interstate 80 and Aquatic Park Tide Tubes Renovation Project for an amount up to $535,000, and authorizes a 12% local cash match of $63,600 from the Parks Tax; to accept any grants; to execute any resulting grant agreements and any amendments; and that Council authorize the implementation of the project and appropriation of funding for related expenses, subject to securing the grant. A record signature copy of said agreements and any amendments to be on file in the Office of the City Clerk.

Office of the City Manager
2180 Milvia Street, Fifth Floor, Berkeley, CA 94704
e-mail: [email protected] (510) 981-7000 FAX (510) 981- TDD: (510) 981

CONSENT CALENDAR
January 16, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Scott Ferris, Director, Parks Recreation and Waterfront Subject: Grant Application: Cal Fire Wildfire Prevention Grants Program for the Berkeley Overnight Camp Wildfire Hazard Mitigation Project

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to submit The Berkeley Overnight Camp Wildfire Hazard Mitigation Project Application to the California Climate Investments Wildfire Prevention Grants Program (Cal Fire) in the amount up to $3 million; to accept the grant; to execute any resultant revenue agreements and amendments; and authorizing the implementation of the project and appropriation of funding for related expenses, subject to securing the grant.

FISCAL IMPACTS OF RECOMMENDATION
The grant request is for up to $3 million for hazardous tree mitigation and education.

Although this grant program does not require match, the existence of matching funds and services is a positive factor during the competitive review process and so the City will include in-kind match of City staff as the match component of the proposal. This is a reimbursement grant and projects must be completed by March 15, 2030. Revenue from this grant will be deposited into the One-Time Grants Fund (Fund 336).

CURRENT SITUATION AND ITS EFFECTS
On November 1, 2023, as part of the Governor’s Wildfire and Forest Resilience Strategy, the California Department of Forestry and Fire Protection (CAL FIRE) announced the availability of up to $117 million in funding for local projects that address the risk of wildfire and reduce wildfire potential to communities, through the department's Wildfire Prevention Grants program.1 Funded activities include hazardous fuel reduction, wildfire prevention planning, and wildfire prevention education with an emphasis on protecting communities, improving public health and safety, while reducing greenhouse gas emissions. The City will submit a grant proposal of up to $3 million to mitigate the risks of hazardous tree conditions at the three City of Berkeley overnight camps (Berkeley Tuolumne Camp, Echo Lake Camp, and Cazadero Camp). 1 wp-grants-news-release_october-2023.pdf (azureedge.net)

Grant Application – CAL FIRE Wildfire Prevention – hazardous trees at Camps CONSENT CALENDAR January 16, 2024

BACKGROUND
Due to forest fires and storms, the three City overnight camps (Berkeley Tuolumne Camp, Echo Lake Camp, and Cazadero Camp) contain large numbers of trees that present hazardous conditions that must be mitigated. The City must continually address these issues year after year in order to maintain public safety during camp operations.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Through the mitigation of hazardous tree conditions and the use of proper forestry management methods, this project will help the City advance the following Strategic Plan Goals: 3. Create a resilient, safe, connected, and prepared city, and 7. Be a global leader in addressing climate change, advancing environmental justice, and protecting the environment.

RATIONALE FOR RECOMMENDATION
This grant will provide funding to mitigate hazardous tree conditions at the City’s three overnight camps (Berkeley Tuolumne Camp, Echo Lake Camp, and Cazadero Camo).

ALTERNATIVE ACTIONS CONSIDERED
None

CONTACT PERSONS
Scott Ferris, Director, Parks Recreation & Waterfront, 981-6700 Justin Pitcher, Recreation Camps Manager, 981-6700

Attachments:
1: Resolution

RESOLUTION NO. ##-###

AUTHORIZING THE SUBMITTAL OF THE BERKELEY OVERNIGHT CAMP WILDFIRE

HAZARD MITIGATION PROJECT APPLICATION TO THE CALIFORNIA CLIMATE

INVESTMENTS WILDFIRE PREVENTION GRANTS PROGRAM (CAL FIRE) IN THE AMOUNT UP TO $3 MILLION
WHEREAS, the Governor of the State of California in cooperation with the California State Legislature has enacted State of California Climate Investment, which provides funds to the State of California and its political subdivisions for fire prevention programs; and WHEREAS, the State Department of Forestry and Fire Protection (CAL FIRE) has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures governing application by local agencies, non-profit organizations, and others under the program, and
WHEREAS, the applicant will enter into an agreement with the State of California to carry out the Berkeley Overnight Camp Wildfire Hazard Mitigation Project; NOW, THEREFORE, BE IT RESOLVED that the City of Berkeley:

1. Approved the filing of an application for “California Climate Investments Wildfire Prevention Grants Program”; and

2. Certifies that said applicant has or will have sufficient funds to operate and maintain the project; and,

3. Certifies that funds under the jurisdiction of the City of Berkeley are available to begin the project.

4. Certifies that said applicant will expend grant funds prior to March 15, 2030.

5. Appoints the City Manager or a designee (F. Scott Ferris), to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project.

BE IT FURTHER RESOLVED, that the City of Berkeley authorizes the implementation of the project and appropriation of funding for related expenses, subject to securing the grant.

BE IT FURTHER RESOLVED, that a record signature copy of said agreements and any amendments to be on file in the City of Berkeley’s Office of the City Clerk.