Berkeley City Council
January 30, 2024

Tuesday, January 30, 2024 AGENDA Page 1

AG E N D A

BERKELEY CITY COUNCIL MEETING
Tuesday, January 30, 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 – VACANT
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/1600654738. 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: 160 065 4738. 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 pu blic 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 rende rs 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 30, 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 ton ight, 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 thi s land, but also recognize that the Ohlone people are present members of Berkeley and other East Bay communities today. The City of Berkeley will continue to build relationships with the Lisjan Tribe and to create meaningful actions that uphold the intention of this land acknowledgement.

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

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 w ill 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.

Tuesday, January 30, 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.

Recess Items

1. Purchase Order: With Motorola for Firehouse Alerting System Equipment From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to issue purchase orders with Motorola for an amount not to exceed $175,000 through July 31, 2024 for the purchase of equipment necessary to complete the emergency firehouse alerting retrofit project.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473

2. Reject All Bids and Negotiate with Contractors for the Berkeley Fire Station Landscape Project, Specification No. 24-11622-C
From: City Manager
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess to reject all bids and direct staff to negotiate with contractors for the work associated with the Berkeley Fire Station Landscape Project Specification No. 24-11622-C.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473

Consent Calendar

3. Prevailing Wage Requirements in the Southside Plan Area; Adding Berkeley Municipal Code Chapter 13.108
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,893-N.S. 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.

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

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

Consent Calendar
Tuesday, January 30, 2024 AGENDA Page 4

4. 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: Adopt second reading of Ordinance No. 7,894-N.S. 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.

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

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

5. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on January 30, 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 - $200,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300

6. Grant Application: Funding from California Department of Forestry and Fire Protection (CAL FIRE) Wildfire Prevention Grant to Implement an Incentive Program for Residents in Berkeley’s Very High Fire Hazard Severity Zone From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to apply for and accept a grant, and any amendments, from the California Department of Forestry and Fire Protection (CAL FIRE) for up to the amount of $1.1 Million to implement a defensible space program for residents of Berkeley’s Very High Fire Hazard Severity Zone.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473

7. State Homeland Security Grant Program Application to Implement CAD to CAD Interface between the City of Berkeley Emergency Communications Center and the Alameda County Regional Dispatch Center
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to apply for, accept, and manage a grant for the CAD to CAD (computer-aided dispatch) Interface Project between the City of Berkeley Emergency Communications Center and the Alameda County Regional Dispatch Center, with a total project cost of $99,600. This project is crucial for enhancing communication and coordination between agencies.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473

Consent Calendar
Tuesday, January 30, 2024 AGENDA Page 5

8. Contracts: As-Needed Hazardous Fire Fuel Treatment with Julian Tree Care, Professional Tree Care, West Coast Arborist Inc., and West Coast Tree Service From: City Manager
Recommendation: Adopt four Resolutions authorizing the City Manager or her designee to execute the following contracts and any amendments for As-Needed Hazardous Fire Fuel Treatment and removal from February 1, 2024, to January 30, 2028, for a total cummulative amount not to exceed $4,000,000:

1. Julian Tree Care in the amount of $1,000,000;

2. Professional Tree Care in the amount of $1,000,000;

3. West Coast Arborist Inc. in the amount of $1,000,000; and

4. West Coast Tree Service in the amount of $1,000,000.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473

9. Revenue Contract: 2024 Community Services Block Grant From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to accept Community Service Block Grant (CSBG) Contract Number 24F- 3001 for the amount of $299,495, and execute any resultant agreements and amendments including amendments that may decrease or increase the contract amount or add discretionary funding, or to change the contract term, or to update contract terms, to provide low-income services for the time period January 1, 2024 to May 31, 2025, with the option to extend the contract period as amended by the California State Department of Community Services and Development.

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

10. Revenue Grant Agreement: Funding Support from the State of California Tobacco Control Program to Conduct Public Health Services From: City Manager
Recommendation: Adopt Resolution authorizing the City Manager or her designee to submit grant agreements to the State of California, to accept the grant, and execute any resultant revenue agreements and amendments to conduct public health promotion, protection, and prevention services for the Tobacco Control Program in the projected total amount of $300,000 for Fiscal Year 2025.

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

Consent Calendar
Tuesday, January 30, 2024 AGENDA Page 6

11. Expenditure Contract: Alameda County Public Health Department (Office of Dental Health) to Provide Dental Services to the Berkeley Unified School District
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute a contract and any amendments or extensions with Alameda County in an amount not to exceed $159,000 to provide dental services in Berkeley Unified School District for the period July 1, 2024 through June 30, 2027.

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

12. Expenditure Contract: Berkeley Free Clinic for Laboratory Services From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute a contract and any amendments or extensions with the Berkeley Free Clinic (BFC) for laboratory services, in an amount not to exceed $150,000 for the period July 1, 2024 through June 30, 2027.

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

13. Contract No. 32300149 Amendment: mySidewalk, Inc. for HHCS Web-Based Population Health Data Platform
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 32300149 with mySidewalk, Inc. for an additional $30,000 for a total not to exceed amount of $158,315 through March 4, 2026.

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

14. Contract No. 32300112 Amendment: Harold Dichoso for COVID-19 Outreach and Education
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to amend Contract No. 32300112 with Harold Dichoso for COVID-19 outreach and education, to extend the contract end date through June 30, 2024 and increase the not-to-exceed amount (NTE) by $20,000 utilizing one-time grant funds.

The amendment will increase the NTE amount from $125,000 to $145,000.

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

Consent Calendar
Tuesday, January 30, 2024 AGENDA Page 7

15. Martin Luther King Jr. House Request for Proposals Recommendation From: City Manager
Recommendation: Adopt a Resolution to: 1. Approve the transfer of Martin Luther King Jr.(MLK) House from Resources for Community Development to Insight Housing, including obligations under the City’s existing loan and regulatory agreements; and 2. Extend the previously approved $1,178,974 funding reservation for MLK House and transfer that reservation to Insight Housing; and 3. Reserve an additional $822,014 from the Housing Trust Fund program to support Insight Housing's renovation of the property; and

4. Waive Sections I.A.1 and IV.C.1 of the Housing Trust Fund Guidelines. 5.

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

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

16. Grant for 1741-1747 Russell Street
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to redirect $95,625, the amount of transfer tax recently paid for 1741-1747 Russell Street, from the General Fund to Insight Housing (Insight) to support the renovation of the property.

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

17. At-Will Designations: Employee Relations Manager and Assistant to the City Attorney
From: City Manager
Recommendation:

1. Adopt first reading of an Ordinance amending Berkeley Municipal Code Section

4.04.120(A) to designate the unrepresented classifications of Employee Relations Manager and Assistant to the City Attorney as at-will, and

2. Adopt a Resolution authorizing amendments to the Unrepresented Employee Manual and all other pertinent documents to effectuate the change; approving a 5% salary differential for the Employee Relations Manager classification, to be set forth in the Unrepresented Employee Manual; and modifying the Employee Relations Manager job specification to state that the incumbent “may act as department head in the absence of the Director of Human Resources.”
Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800

Consent Calendar
Tuesday, January 30, 2024 AGENDA Page 8

18. Donation: Memorial Bench at Cesar Chavez Park in memory of Samuel Lepie Hallward
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 Samuel Lepie Hallward.

Financial Implications: $3,400 in revenue.

Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

19. Contract No. 31900143 Amendment: Passport Labs Incorporated for a Parking Management System
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 31900143 and any necessary future amendments with Passport Labs Inc. to provide a Parking Management System for an additional two- year contract extension beyond the current contract expiration date of February 4, 2024, and to approve additional appropriations for the performance of this contract.

Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900

20. Contract: CESCORP, dba Cal Elite Builders for Corp Yard City Fleet EV Charger Project. Specification No.23-11546-C
From: City Manager
Recommendation: Adopt a Resolution: 1. Approving plans and specifications for the Corp Yard City Fleet EV Charger Project (Project)., Specification No. 23-11546-C; 2.

Accepting the bid of CESCORP, dba Cal Elite Builders as the lowest responsive and responsible bidder; and 3. Authorizing the City Manager to execute a contract and any amendments, extensions, or other change orders until completion of the project in accordance with the approved plans and specifications, for an amount not to exceed $814,680.

Financial Implications: See report
Contact: Andrew Murray, Public Works, (510) 981-6300

21. Contract: CESCORP, dba Cal Elite Builders & Cal Electric for the Central Library HVAC Replacement Project
From: City Manager
Recommendation: Adopt a Resolution: 1. Approving plans and specifications for Central Library HVAC Replacement Project, Specification No.23-11600-C; 2.

Accepting the bid of CESCORP, dba Cal Elite Builders & Cal Electric as the lowest responsive and responsible bidder; and 3. Authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications, for an amount not to exceed $1,566,000, which includes a contingency of $261,000.

Financial Implications: See report
Contact: Andrew Murray, Public Works, (510) 981-6300

Consent Calendar
Tuesday, January 30, 2024 AGENDA Page 9

22. Contracts: On-Call Construction and Project Management Services: Hollins Consulting, Inc., Kitchell/CEM, Inc., and O’Connor Construction Management, Inc.

From: City Manager
Recommendation: Adopt three Resolutions authorizing the City Manager to execute contracts and any amendments with the following firms for on-call construction management and project management services (CM/PM) for capital improvement projects, each for the period of January 1, 2024 through June 30, 2025:

1. Hollins Consulting, Inc. (Hollins), for an amount not to exceed $2,800,000.

2. Kitchell/CEM, Inc. (Kitchell), for an amount not to exceed $2,800,000.

3. O’Connor Construction Management, Inc. (OCMI), for an amount not to exceed $2,800,000.

Financial Implications: See report
Contact: Andrew Murray, Public Works, (510) 981-6300

23. Contract: Shaw Industries, Inc. for Civic Center Building Carpet Replacement Project
From: City Manager
Recommendation: Adopt a Resolution: 1. Pursuant to City Charter Article XI Section 67.2 requirements, accepting the California Multiple Award Schedule (CMAS) bid procedures; 2. Approving the CMAS Contract with Shaw Industries, Inc. for Carpet Replacements at the Civic Center Building; 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 terms and conditions of the agreements with Shaw Industries, Inc. in an amount not to exceed $311,348, which includes a contingency of $29,045.

Financial Implications: Capital Improvement Fund - $311,348 Contact: Andrew Murray, Public Works, (510) 981-6300

24. Contract No. 108007-1 Amendment: Don’s Tire Services, Inc. for Tire Repair Services for City Fleet Vehicles
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 108007-1 with Don’s Tire Services, Inc. for repair and replacement services for automobile and truck tires for City of Berkeley fleet vehicles in the amount of $650,000 for a total not-to-exceed amount of $1,073,534 and extend the contract through the June 30, 2025.

Financial Implications: See report
Contact: Andrew Murray, Public Works, (510) 981-6300

Consent Calendar
Tuesday, January 30, 2024 AGENDA Page 10

25. Lease Agreement: We Wield The Hammer at 2440 Durant Avenue in the Telegraph-Channing Mall and Garage
From: City Manager
Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute a lease agreement with We Wield The Hammer (WWTH), a 501c3 nonprofit organization to use and occupy 2440 Durant Avenue inside the Telegraph- Channing Mall and Garage for a five (5) year lease term with an option to extend for one additional five (5) year term. The initial lease term is anticipated to begin March 1, 2024.

Financial Implications: See report.

Contact: Andrew Murray, Public Works, (510) 981-6300

Council Consent Items

26. City Council Committee and Regional Body Appointments From: Mayor Arreguin
Recommendation: Adopt a Resolution approving the appointment of Council representatives to City Council Standing Policy Committees, Partnership Committees, Regional Bodies and Liaisons to City Boards and Commissions for a term ending on January 31, 2025 or until new appointments are made.

Financial Implications: None
Contact: Jesse Arreguin, Mayor, (510) 981-7100

27. Support for ACA 4 Elections: Eligibility to Vote
From: Councilmember Hahn (Author), Councilmember Robinson (Author) Recommendation: Adopt a resolution in support of Assembly Constitutional Amendment 4 (Bryan), which would repeal a constitutional requirement disqualifying electors incarcerated for felony convictions, and send a copy of the resolution to Assemblymembers Isaac Bryan and Buffy Wicks, and State Senator Nancy Skinner.

Financial Implications: None
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150

28. Request by Resolution that PG&E Underground Utilities in Berkeley’s VHFHSZ From: Councilmember Wengraf (Author), Councilmember Humbert (Co- Sponsor), Councilmember Hahn (Co-Sponsor), Councilmember Harrison (Co- Sponsor)
Recommendation: Adopt a Resolution urging PG&E to underground utility wires in Berkeley’s Very High Fire Hazard Severity Zone (VHFHSZ) to mitigate wildfire risk and limit evacuation and ingress obstruction. Send the Resolution to PG&E CEO Patti Poppe, the California Public Utilities Commission (CPUC), the Office of Energy Infrastructure Safety, State Senator Nancy Skinner, Assemblymember Buffy Wicks, Governor Gavin Newsom and Senator Mike McGuire, author of SB 884. Request the City Manager issue a press release about this Resolution as a critical Public Safety matter.

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

Tuesday, January 30, 2024 AGENDA Page 11
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 issue, allocate a block of time to each side to present their issue.

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

Action Calendar – 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.

Council Action Items

29. Budget Referral: Additional Security Cameras at Intersections Experiencing Increased Violent Crime
From: Councilmember Humbert (Author), Councilmember Bartlett (Co- Sponsor)
Recommendation: In order to deter violent crime and obtain evidence to solve criminal investigations, adopt the following recommendations:

1. Authorize the City Manager to install additional security cameras, prominent signage, and increased lighting in the public right-of-way at intersections experiencing a rise in violent crime and/or which include arterial streets offering entry/exit points for Berkeley.

2. Refer costs for security cameras and lighting to the next budget process.

Security camera footage would be used solely for the purpose of solving criminal investigations. The cameras are not intended and would not be used for continuous surveillance purposes. Cameras should ideally be compatible with those already in use at San Pablo Park under Contract Nos. 31900080 and 31900205 and those deployed at other intersections throughout the city.

Priority intersections for security camera installation would include: -Alcatraz and College; -Woolsey and Telegraph; -Woolsey and Shattuck; -Alcatraz and Adeline; and -Alcatraz and Sacramento.

Financial Implications: See report
Contact: Mark Humbert, Councilmember, District 8, (510) 981-7180

Tuesday, January 30, 2024 AGENDA Page 12
Information Reports

30. ***Removed from Agenda by City Manager*** Bay Area Housing Finance Authority and 2024 Regional Affordable Housing Bond
From: City Manager
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

31. LPO NOD: 2119 Marin Avenue, #LMSAP2023-0003
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400

32. LPO NOD: 910 Indian Rock Avenue, #LMIN2023-0002
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400

Public Comment – Items Not Listed on the Agenda
Adjournment
NOTICE CONCERNING YOUR LEGAL RIGHTS : If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply:
1) No lawsuit challenging a City decision to deny (Code Civ. Proc. §1094.6(b)) or approve (Gov. Code 65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90 -day period will be barred. 2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the i ssues 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 communicat ion 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 w ebsite 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:

Tuesday, January 30, 2024 AGENDA Page 13
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.

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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 18, 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.

Supportive Housing

1. David Lerman

Stop Sign Added

2. Theo Posselt

Tibetan Flag Ceremony

3. Tenzin Tsering, on behalf of the Tibetan Association of Northern California (2)

Tuesday, January 30, 2024 AGENDA Page 14
Lack of Berkeley Businesses

4. Marnie Hatch

Berkeley Police Matters

5. Tenzin Jimenez

Residential Parking Permits

6. Ian Goodman

American Democracy

7. Vivian Warkentin

San Francisco Bay Ferry

8. Lauren Gularte, on behalf of Water Transit

Reparations

9. Aden Ishii

Port of Oakland

10. Danny Wan, on behalf of Port of Oakland

Brown Act

11. Jonathan Weissglass

12. Juan Carlo

Chronicle

13. Marc Sapir

Councilmember Robinson

14. Toni Mester

URL’s Only

15. Vivian Warkentin (3)

People’s Park

16. Jack Kurzweil

17. Sylvia

18. Jill Polsby

19. Moni Law (2)

20. Joty Dhaliwal

21. Summer Brenner (2)

22. Max Ventura

23. Arthur Stopes

24. Justin Lee

25. Leslie Firestone

26. Richard Crago

Tuesday, January 30, 2024 AGENDA Page 15

27. Sky Ocean

28. Owen Martin Zuidema

Gaza and Israel

29. Jack Kurzweil (3)

30. Linda and Stanley Wulf

31. Sandy Slauson

32. Karen Davis

33. Jane White

34. Stephanie Thomas

35. Cynthia Moore

36. Michael Weber (2)

37. Sally Nelson

38. Gael Alcock

39. Summer Brenner (2)

40. Mary Ann Gallagher

41. Jocelyn Goldsmith

42. Stephanie Allan

43. Barbara Erickson (2)

44. Jamie Cooney

45. Esha Potharaju

46. Summer Brenner

47. Diana Bohn

48. Dahlia Frydman

49. Elinor Tamari

50. Michael Kaye

51. Mincers.shroud.0k@

52. Noga Alon

53. Deborah Green

54. June Safran

55. Barbara Schick

56. Elana Auerbach

57. Esther Brass-Chorin

58. Allen Mayer

59. Dorit Dorenz

60. Doreet Stein

61. Robert Bonem

62. Peggy Scott

63. 5 similarly-worded form letters

Tuesday, January 30, 2024 AGENDA Page 16
Supplemental Communications and Reports
Items received by the deadlines for submission will be compiled and distributed as follows. If no items are received by the deadline, no supplemental packet will be compiled for said deadline.

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

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

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

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

RECESS ITEM

CONSENT CALENDAR
January 30, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: David Sprague, Fire Chief
Subject: Purchase Order: With Motorola for firehouse alerting system equipment

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to issue purchase orders with Motorola for an amount not to exceed $175,000 through July 31, 2024 for the purchase of equipment necessary to complete the emergency firehouse alerting retrofit project.

NEGATIVE EFFECT IF ACTION IS DELAYED UNTIL AFTER COUNCIL RECESS Any delay in this purchase places the city at risk of experiencing a catastrophic failure of the existing, unsupported firehouse alerting system.

FISCAL IMPACTS OF RECOMMENDATION
Funding is available through Measure GG and Measure FF.

CURRENT SITUATION AND ITS EFFECTS
The Fire Department (Department) is in the middle of an emergency replacement of the alerting system in all of the city’s firehouses. Staff were just informed that a critical piece of equipment (a dispatch console and accessories) must be purchased in order to complete the project and transition to the replacement firehouse alerting system.

BACKGROUND
The Department is in the middle of an emergency replacement of the alerting system in all of the city’s firehouses with installation complete in five (5) of seven (7) facilities. This system alerts responders over 17,000 times per year of the need to respond to a call for help - a critical piece of the city’s 911 system. The current system was failing and the vendor unexpectedly went out of business in 2023 leaving the city with no way to repair the failing system. Council authorized a replacement of the system on June 27, 2023 through resolution No. 70,903-N.S.

The new firehouse alerting system is activated through the city’s radio communication infrastructure which is part of the East Bay Regional Communication System Authority (EBRCSA), a shared communications system which was designed to integrate all radio communications amongst the different public safety groups in Alameda and Contra

Purchase Order: With Motorola for firehouse alerting system equipment CONSENT CALENDAR January 30, 2024

Costa County. A system of this magnitude was complicated and difficult to build with few companies willing to respond to the Request for Proposal (RFP). The initial Contract for the two-county radio system was done through RFP, via Contra Costa County, and Motorola was the only respondent to the RFP. The design and build of the system were reviewed by an independent engineering firm which supported the proposal for EBRCSA and the contract was awarded to Motorola Solutions Inc. based on the review of the response to the RFP.

The dispatch consoles which are used by the City of Berkeley are produced exclusively by Motorola and are the only consoles which can be used on the EBRCSA.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no known impacts.

RATIONALE FOR RECOMMENDATION
This equipment is required to complete the emergency firehouse alerting system replacement project and is required for the system to properly function.

ALTERNATIVE ACTIONS CONSIDERED
None

CONTACT PERSON
David Sprague, Fire Chief, Fire Department, (510) 981-3483 Attachments:
1: Resolution

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

REJECT ALL BIDS AND NEGOTIATE WITH CONTRACTORS FOR THE BERKELEY FIRE STATION LANDSCAPE PROJECT, SPECIFICATION NO. 24-11622-C WHEREAS, the Department is in the middle of an emergency replacement of the alerting system in all of the city’s firehouses with installation complete in five (5) of seven (7) facilities, and
WHEREAS, this system alerts responders over 17,000 times per year of the need to respond to a call for help - a critical piece of the city’s 911 system, and WHEREAS, the current system was failing and the vendor unexpectedly went out of business in 2023 leaving the city with no way to repair the failing system, and WHEREAS, Council authorized a replacement of the system on June 27, 2023 through resolution No. 70,903-N.S., and
WHEREAS, staff were just informed that a critical piece of equipment (a dispatch console and accessories) must be purchased in order to complete the project and transition to the replacement firehouse alerting system.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council ratifies the action taken by the City Manager during recess to issue purchase orders with Motorola for an amount not to exceed $175,000 through July 31, 2024 for the purchase of equipment necessary to complete the emergency firehouse alerting retrofit project.

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

RECESS ITEM

CONSENT CALENDAR
January 30, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: David Sprague, Fire Chief
Subject: Reject All Bids and Negotiate with Contractors for the Berkeley Fire Station Landscape Project, Specification No. 24-11622-C

RECOMMENDATION
Adopt a Resolution ratifying the action taken by the City Manager during recess to reject all bids and direct staff to negotiate with contractors for the work associated with the Berkeley Fire Station Landscape Project Specification No. 24-11622-C.

NEGATIVE EFFECT IF ACTION IS DELAYED UNTIL AFTER COUNCIL RECESS The cost of construction continues to rise and every month we delay may result in a more expensive implementation cost to the City. Additionally, the Department is working to have this project completed prior to the 2024 Defensible Space Inspection program launches to provide an example garden to residents, a delay until January would make this extremely challenging to achieve.

FISCAL IMPACTS OF RECOMMENDATION
Funding is available through Measure FF.

CURRENT SITUATION AND ITS EFFECTS
The Berkeley Fire Station Landscape Project was advertised for bids on September 20, 2023 and bids were opened on October 26th, 2023. The Berkeley Fire Department received three bids for the project. All contractor bids are higher than available funding and therefore the project cannot proceed. Staff recommends that Council reject all bids and authorize the Berkeley Fire Department to negotiate with all contractors who have provided a bid proposal for this project.

BACKGROUND
The Berkeley Fire Landscape Project will provide residents examples of Fire Safe gardening practices that are compliant with the Fire Code and best practices, including Zone 0 (0-5 feet from a structure). Defensible space acts as a buffer around structures from wildfire and embers. They are intentionally planned areas that reduce the danger of ignition during a wildfire and allow firefighters a better chance of protecting a home.

Reject All Bids and Negotiate with Contractors for the Berkeley CONSENT CALENDAR Fire Station Landscape Project, Specification No. 24-11622-C January 30, 2024

There are very few properties in Berkeley that have implemented model Defensible Space practices. This is partly due to a lack of landscape architects and contractors that have experience with this type of design in the East Bay. This project represents one of the ways that the City can help residents understand some examples of what right looks like.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
All construction shall conform to the 2019 California Building, Fire, Mechanical, Plumbing, Electrical, Energy Code, California Building Code and Green Building Code.

RATIONALE FOR RECOMMENDATION
The City is not able to accept the contractor bids because it exceeds the City’s available funding for the project. The City does not have the in-house labor or equipment resources to complete this landscape project.

ALTERNATIVE ACTIONS CONSIDERED
None

CONTACT PERSON
David Sprague, Fire Chief, Fire Department, (510) 981-3483 Jesse Figoni, Fire Inspector
Attachments:
1: Resolution

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

REJECT ALL BIDS AND NEGOTIATE WITH CONTRACTORS FOR THE BERKELEY FIRE STATION LANDSCAPE PROJECT, SPECIFICATION NO. 24-11622-C WHEREAS, the Berkeley Fire Landscape Project will provide residents examples of Fire Safe gardening practices that are compliant with the Fire Code and best practices, including Zone 0 (0-5 feet from a structure). Defensible space acts as a buffer around structures from wildfire and embers. They are intentionally planned areas that reduce the danger of ignition during a wildfire and allow firefighters a better chance of protecting a home; and
WHEREAS, there are very few properties in Berkeley that have implemented model Defensible Space practices. This is partly due to a lack of landscape architects and contractors that have experience with this type of design in the East Bay. This project represents one of the ways that the City can help residents understand some examples of what right looks like; and
WHEREAS, the Berkeley Fire Station Landscape Project was advertised for bids on September 20, 2023 and bids were opened on October 26, 2023. The Berkeley Fire Department received three bids for the project. All contractor bids are higher than available funding and therefore the project cannot proceed. Staff recommends that Council reject all bids and authorize the Berkeley Fire Department to negotiate with all contractors who have provided a bid proposal for this project; and NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council ratifies the action taken by the City Manager during recess to reject all bids and direct staff to negotiate with contractors for the work associated with the Berkeley Fire Station Landscape Project Specification No. 24-11622-C.

Ordinance No. 7,893-N.S. Page 1 of 3
ORDINANCE NO. 7,893-N.S.

ADOPTING CHAPTER 13.108 OF THE BERKELEY MUNICIPAL CODE

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

Section 1. Chapter 13.108 is hereby added to the Berkeley Municipal Code to read as follows:

Chapter 13.108

PREVAILING WAGE REQUIREMENTS IN SOUTHSIDE PLAN AREA

13.108.010 Title and Purpose

13.108.020 Definitions

13.108.030 Prevailing Wage Requirements

13.108.040 Enforceability

13.108.050 Severability

13.108.010 Title and Purpose.

A. This Chapter shall be referred to as the Prevailing Wage Requirements Ordinance.

B. The purpose of this Chapter is to ensure that developers or contractors involved in the construction of large projects in the Southside Plan area pay workers at least the general prevailing rate set forth in the California Labor Code.

13.108.020 Definitions.

A. “Contractor” shall mean a contractor or subcontractor of any tier that has contracted to perform work on the Covered Project.

B. “Covered Project” shall mean a private development project located in the C-T, R- S, or R-SMU zoning districts that consists of construction or alteration of at least 50 units or 50,000 square feet or more of floor area and which has not received its final approvals (whether in the form of permits, variances, or other entitlements) by the effective date of this Ordinance.

C. “Covered Construction Worker” shall mean any construction worker employed by a Contractor at any time over the duration of the Covered Project.

D. “Registered Apprenticeship Program” shall mean an apprenticeship program jointly managed and administered by both a union and contractor or contractor association, and (i) approved by the State of California’s Division of Apprenticeship

Ordinance No. 7,893-N.S. Page 2 of 3
Standards; (ii) registered with the U.S. Department of Labor; or (iii) registered with a state apprenticeship agency granted authority by the U.S. Department of Labor to register apprenticeship programs for federal purposes, pursuant to 29 CFR Part 29.

13.108.030 Prevailing Wage Requirements.

A. A Covered Project is subject to the following requirements:

1. Each Contractor shall pay all Covered Construction Workers at least the general prevailing rate of per diem wages as set forth in Section 1771 of the California Labor Code, except that apprentices participating in a Registered Apprenticeship Program may be paid at least the applicable apprentice prevailing rate.

2. Each Contractor shall maintain and verify payroll records pursuant to Section 1776 of the Labor Code and make those records available for inspection and copying as provided in that section.

B. Subsections A(1) and A(2) above do not apply if all Contractors are subject to a project labor agreement (or community workforce agreement or similar agreement) with the local Building and Construction Trades Council.

13.108.040 Enforcement
A. Each Contractor must sign a declaration attesting to compliance with this Chapter under penalty of perjury at the time of permit issuance for the Covered Project.

B. Private Right of Action . A Covered Construction Worker, or a joint labor- management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. sec. 175a) on a Covered Construction Worker’s behalf, may bring a civil action in a court of competent jurisdiction against any Contractor that violates this Chapter and, upon prevailing, shall be awarded reasonable attorneys’ fees and costs and shall be entitled to such legal or equitable relief as may be appropriate to remedy the violation. Nothing in this Chapter creates a private right of action or otherwise authorizes legal action against the City, its officers, agents, or employees.

13.108.050 Severability
If any part or provision of this Chapter, or the application of this Chapter to any person or circumstance, is held invalid, the remainder of this Chapter, including the application of such part or provision to other persons or circumstances, shall not be affected by such a holding and shall continue in full force and effect. To this end, the provisions of this Chapter are severable.

Ordinance No. 7,893-N.S. Page 3 of 3
Section 2. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

At a regular meeting of the Council of the City of Berkeley held on January 16, 2024, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: None.

Abstain: Kesarwani.

Absent: None.

Ordinance No. 7,894-N.S. Page 1 of 4
ORDINANCE NO. 7,894-N.S.

ELMWOOD BUSINESS IMPROVEMENT DISTRICT AMENDMENTS; AMENDING BERKELEY MUNICIPAL CODE CHAPTER 7.84
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That Berkeley Municipal Code Section 7.84.030 is amended to read as follows:

7.84.030 Boundaries of district.

The boundaries of the District are as specified in this section and in the District’s Boundary Map attached to the ordinance codified in this chapter and on file with the office of the City Clerk.

Western Boundary. A line connecting the western edge of all parcels fronting on the western side of College Avenue in the C-E and R-2A zoning districts from 2640 College to 3212 College but including parcels facing Derby Street, Stuart Street, Russell Street and the City-owned Elmwood parking lot that is accessed from Russell Street, and 2933 Benvenue Ave, 2626 Ashby Ave and 2953 Benvenue Ave. The parcels along the western boundary are as follows:

Assessor’s Book 053:

Block 1695: Parcels 4, 6, 7, 11, 9-1, 9-2, 10, 12-1, 12-2,13, 14, 30, 31, and 36.

Assessor’s Book 052:

Block 1409: Parcels 1-1, and 3.

Block 1410: Parcels 2, 12, 14-2, 16-1, 18, 20-1, 22-1, 24, 26, 28, 30, 32, 34, 36, and 41.

Block 1562: Parcels 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 16, 17, 18, 20, 21, 39, 47, and 50,
Block 1568: Parcels 2, 3, 4-1, 5-1, 5-2, 6-2, 7, 9, 11-1, 12-1, 14, 49, 50, 51, 52, 53, 55, and 56.

Block 1573: Parcels 2, 4-1, 6, 12, 13, 14, 15, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, and 103.

Eastern Boundary. A line connecting the eastern edge of all parcels fronting on the eastern side of College Avenue from 2704 Derby Street to 2704 Alcatraz Avenue and 3217 College Avenue and parcels fronting Stuart Street, Webster Street, Prince Street,

Ordinance No. 7,894-N.S. Page 2 of 4
Woolsey Street and Alcatraz Avenue. The parcels along the eastern boundary are as follows:

Assessor’s Book 055:

Block 1845: Parcels 15-1, 15-2, 16, 17
Assessor’s Book 054:

Block 1707: Parcel 10-1
Block 1708: Parcels 14, 15, 16, and 17.

Block 1709: Parcels 3, 4, 5, 6, 8, 9, 10, 12, 13, 14, 15, 16, 29, and 38.

Assessor’s Book 053:

Block 1696: Parcels 1, 2, 15,16, 17, 18, 19, and 20
Block 1699: Parcels 15, 16, 17, 18, and 19
Assessor’s Book 052:

Block 1563: Parcels 28, 29, 30, 31, 32, 33, 34, 35, 36. 63, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 96, 97, 176-2, 177-1, 188, 191, 203, and 221, Block 1564: Parcels 31, 32, 33, 34, 35, 36, and 37.

Block 1567: Parcels 16, 17, 18, 19, 20, 21, 22, 23, 24, 62, 63, 64, 66, 67, 68, 87, 88, 89, 90, and 91.Block 1568: Parcels 14, and 16-2.

Block 1573: Parcel 13.

Southern Boundary. A line connecting the southern edge of parcel 052-1563-188 (3217 College) on the eastern side of College and the southern edge of parcel 052-1409-3 (3212 College) on the western edge of College.

Northern Boundary. The northern edge of parcel 055-1845-15-2 ( 2640 College) on the western side of College and the northern edge of parcel 054-1708-17 (2704 Derby) on the eastern side of College.

Section 2. That Berkeley Municipal Code Section 7.84.040 is amended to read as follows:

7.84.040 Calculation of assessments.

Ordinance No. 7,894-N.S. Page 3 of 4
Businesses, trades, and professions located within the District boundaries shall, commencing on January 1, 2025, pay an annual benefit assessment to the District in the amounts shown in Table 7.84.040.

Table 7.84.040.

Business Classifications and Assessment Rates
Classifications Annual
Rates
Retail including jewelers and groceries but not restaurants (Tax Codes R, M and G but without NAICS 722, Food Services and Drinking Places)
• Gross receipts under $350,000 $250
• Gross receipts $350,000--$999,000 $350
• Gross receipts $1,000,000 $500
Restaurants, including all businesses that prepare and serve food at the request of customers (NAICS 722)
$500
Professionals including offices of real estate brokers (Tax Code P) • Gross receipts under $100,000 $300
• Gross receipts over $100,000 $400
Entertainment and Recreation (Tax Code E) $450
Business, Personal and Repair Services (Tax Code B) except Hair, Nail and Skin Care Services (NAICS 81211)
$200
Hair, Nail and Skin Care Services (NAICS 81211) $200
Parking lot operators $2,000
Financial Institutions $2,500
Any business that is classified as a nonprofit (Tax Code N) for business licenses purposes, shall nevertheless pay the assessment at the rate that corresponds to its North American Standard

Ordinance No. 7,894-N.S. Page 4 of 4
Industrial Classification if it is engaged in the sale of products or services. Any new business established within the District shall not be required to pay an assessment on application for its business license but only on renewal at the end of the year it was initiated.

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 the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

At a regular meeting of the Council of the City of Berkeley held on January 16, 2024, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: None.

Absent: Wengraf.

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 30, 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 30, 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 $200,000

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

PROJECT Fund Source Amount
Staff uniforms and resale
items for the Recreation
Division
011
125
138
General Fund
Playground Camp
Parks Tax
$200,000
Total: $200,000

Formal Bid Solicitations and Request for Proposals CONSENT CALENDAR Scheduled for Possible Issuance After Council January 30, 2024 Approval on January 30, 2024

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 Attachments:
1: Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on January 30, 2024
a. Staff uniforms and resale items for the Recreation Division Note: Original of this attachment with live signature of authorizing personnel is on file in General Services.

NEXT 30 DAYS
DATE SUBMITTED: JANUARY 30, 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
24-11656-C Staff uniforms and
resale items for the
Recreation Division
2/1/24 3/13/2024 Purchase of staff uniforms for the
Recreation Division and resale
items for Berkeley Tuolumne
Camp
2-year contract ($100,000/year)
$200,000.00 Recreation General: 011-
52-543-570-0000-000-
461-645110
Recreation Aquatics:
011-52-543-570-1015-
000-461-645110
Recreation Events: 011-
52-543-570-1020-000-
461-645110
Tuolumne Camp: 125-52-
543-583-0000-000-461-
645110
Echo Lake Camp: 125-52-
543-583-0000-000-461-
645110
Berkeley
Day Camp:
125-52-543-583-0000-
000-461-645110
Parks Event Shirts: 138-
52-542-565-0000-000-
461-645110
PRW Recreation Justin Pitcher,
Recreation Program
Supervisor
510-981-5123
jpitcher@berkeleyc
a.gov
DEPT. TOTAL $ 200,000.00
TOTAL $ 200,000.00
1 of  1

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 Office of the City Manager

CONSENT CALENDAR
January 30, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: David Sprague, Chief, Fire Department
Subject: Grant Application: Funding from California Department of Forestry and Fire Protection (CAL FIRE) Wildfire Prevention Grant to Implement an Incentive Program for Residents in Berkeley’s Very High Fire Hazard Severity Zone

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to apply for and accept a grant, and any amendments, from the California Department of Forestry and Fire Protection (CAL FIRE) for up to the amount of $1.1 Million to implement a defensible space program for residents of Berkeley’s Very High Fire Hazard Severity Zone.

FISCAL IMPACTS OF RECOMMENDATION
There is no requirement for matching funds. The Department expects to expend approximately $150,000 in staff time to perform inspections for the properties within the project scope.

CURRENT SITUATION AND ITS EFFECTS
Berkeley Fire Department is seeking funding to implement an incentive program for residents of Berkeley’s Very High Fire Hazard Severity Zone for up to $2,900 for residents who demonstrate financial or physical hardship to complete the work required to meet the city's compliance standards and newly unfunded state mandates for defensible space. This grant will also fund a third-party grant administrator to manage the applications, including screening for application criteria demonstrating financial hardship and managing reimbursement requests and payment schedules.

This grant supports the City’s Strategic Plan’s goals and objectives as follows:

Goal 1: Create a resilient, safe, connected, and prepared City

3.23 Fire Prevention: Increase fire/life safety capacity and resources to effectively maintain community safety.

Goal 2: Be a customer-focused organization that provides excellent, timely, easily accessible service and information to the community.

9.10 Increase and improve communications from the Fire Department

Grant Application: Funding from California Department of Forestry and Fire Protection CONSENT CALENDAR Wildfire Prevention Grant to Implement an Incentive Program for Residents of January 30, 2024 Berkeley’s Very High Fire Hazard Severity Zone.

Goal 3: Champion and demonstrate social and racial equity.

No specific objective; however, this program does address the socioeconomic equity of Berkeley’s residents.

Program Objectives
In addition to Goals 1-3 listed above, this program provides Berkeley Residents with the following expanded Community service objectives:
 Budgeted funds for resident assistance to conduct work from 0-100 ft for those who cannot complete the work due to physical or financial hardship,  Budgeted funds for public education to inform Residents about program enforcement and the importance of defensible space.

BACKGROUND
Berkeley has long faced an elevated
risk of wildfires, having faced significant
wildfires in 1905, 1923, 1946, 1970, and
1991. The map to the right shows the
locations of these fires within the City,
which generally correspond with the
City’s Very High Fire Danger Severity
Zones.

Far from receding with time, the risk of
catastrophic wildfire is growing due to
changing conditions driven by climate
change and development within the Bay
Area. These growing risks demand new
approaches in risk management and
careful consideration of any policy
changes that impact density, especially
in the Fire Zones.

It is well-known that weather elements,
including temperature, relative humidity, wind, and lightning, affect vegetation/wildland fire potential and behavior. Wind can be the most significant weather factor influencing vegetation/wildland fire behavior, with higher wind speeds increasing fire spread and intensity. High temperatures and low relative humidity also influence fire potential and behavior by drying out vegetative fuels, allowing such fuels to burn more readily and intensely. In Berkeley, weather conditions conducive to vegetation/wildland fires primarily occur during the summer and fall months, as strong winds develop, producing higher temperatures and lower humidity.

The City’s topography also contributes to the fire risk in Berkeley’s WUI. The City’s topography transitions from being flat / sea level along the San Francisco Bay in the west, to steeper, sloped terrain approaching 1,000 feet in elevation in the Berkeley Hills along the City’s eastern edge. The steeper, sloped terrain in the Hills can contribute to fire spread, because vegetation/wildland fires tend to burn more intensely and spread faster

Grant Application: Funding from California Department of Forestry and Fire Protection CONSENT CALENDAR Wildfire Prevention Grant to Implement an Incentive Program for Residents of January 30, 2024 Berkeley’s Very High Fire Hazard Severity Zone.

when burning uphill and up-canyon. However, the hot, dry “Foehn” or “Diablo” winds from the northeast that occur especially during the spring and fall, and come from the northeast, can cause rapid downhill and down-canyon fire spread and were responsible for the fires in 1923 and 1991.

The vegetation within the WUI further contributes to fire risk. In addition to decorative landscape species, vegetative fuels within the Fire Zones consist of a mix of annual grasses and weeds, manzanita/knob cone, chaparral, deciduous, eucalyptus, cyprus, and mixed conifer tree species. These types of vegetation can burn intensely and contribute to rapid fire spread under the right fuel, weather, and topographic conditions. At the time of the 1923 Berkeley Fire, the Berkeley Hills were largely undeveloped, looking more like the Hills in the South Bay: open grassland, oak woodland, savanna, etc. However, many trees were planted over the course of the 20th Century as the Hills became more developed.

Some of these trees are invasive and/or more flammable during a wildfire, such as the Italian Cyprus, Eucalyptus, and Acacia. Over time, these trees have altered Berkeley’s natural landscape and dramatically increased the Hills’ fire fuels.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Ensuring Berkeley is complying with state and local wildfire prevention standards and emerging best practices will help prevent catastrophic wildfire and habitat loss post- wildfire.

RATIONALE FOR RECOMMENDATION
The Fire Department has identified an opportunity to help residents bring parcels into compliance with defensible space best practice that can present substantial hurdles to complete without financial assistance.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
David Sprague, Fire Chief, 510-981-3473
Dan Green, WUI Division Chief
Attachments:
1: Resolution

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

GRANT APPLICATION: FUNDING FROM CALIFORNIA DEPARTMENT OF

FORESTRY AND FIRE PROTECTION (CAL FIRE) WILDFIRE PREVENTION GRANT

TO IMPLEMENT AN INCENTIVE PROGRAM FOR LOW-INCOME AND PHYSICALLY

CHALLENGED RESIDENTS IN BERKELEY'S VERY HIGH FIRE HAZARD SEVERITY ZONE
WHEREAS, the science around wildfire prevention is novel and is driving changes to best practices, regulations, and fire codes, and
WHEREAS, these grant funds will be used to make significant improvements in defensible space within the VHFHSZ, and
WHEREAS, grant funds may be used to support public education, support resident efforts to create defensible space, and fund a 3rd party administrator to manage grant requirements.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is authorized to apply for and accept a grant, and any amendments, from the California Department of Forestry and Fire Protection (CAL FIRE) for up to $1.1 Million to implement a vegetation management program for residents of Berkeley's Very High Fire Hazard Severity Zone (VHFHSZ).

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 30, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: David Sprague, Fire Chief
Subject: State Homeland Security Grant Program Application to Implement CAD to CAD Interface between the City of Berkeley Emergency Communications Center and the Alameda County Regional Dispatch Center

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to apply for, accept, and manage a grant for the CAD to CAD Interface Project between the City of Berkeley Emergency Communications Center (COB ECC) and the Alameda County Regional Dispatch Center (ACRECC), with a total project cost of $99,600. This project is crucial for enhancing communication and coordination between agencies.

FISCAL IMPACTS OF RECOMMENDATION
The total project cost is $99,600. This grant application seeks to fund the entirety of the project through FEMA’s funded State Homeland Security Grant Program under the equipment category with FEMA's Authorized Equipment Number (AEL) 4AP-01-CADS.

There are no other sources of funding currently being requested or utilized for this project.

CURRENT SITUATION AND ITS EFFECTS
Currently, COB ECC and ACRECC operate on disparate computer-aided dispatch (CAD) systems. This lack of interoperability poses significant challenges in coordinating responses to emergencies. The proposed project aims to connect these two systems to enhance information sharing, backup, and redundancy.

BACKGROUND
Emergency Communication Centers (ECC) are the hub of any emergency response system. While Berkeley operates its own ECC, dispatchers communicate with dispatchers in the ACRECC numerous times per day because ACRECC provides call prioritization and emergency medical dispatch (EMD) for the City of Berkeley. There is key information that is collected by ACRECC dispatchers that is not efficiently provided back to Berkeley. Additionally, ACRECC coordinates both fire, rescue, hazardous materials, and emergency medical service mutual aid for the County. This project will create a digital link between dispatch centers that will:

State Homeland Security Grant Program Application to Implement CAD to CAD Interface between the City of Berkeley Emergency Communications Center and the Alameda County Regional Dispatch Center

CONSENT CALENDAR
January 30, 2024

 Improve regional capabilities in responding to high-risk situations,  Enhance interoperability and coordinated response efforts,  Strengthen community preparedness and resilience, and  Result in better resource mobilization and utilization during emergencies.

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

RATIONALE FOR RECOMMENDATION
The Berkeley Police and Fire Departments are consistently evaluating the needs of the City’s ECC and identified this opportunity to enhance data sharing for better, coordinated response.

ALTERNATIVE ACTIONS CONSIDERED
None.

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

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

GRANT APPLICATION: STATE HOMELAND SECURITY GRANT PROGRAM

APPLICATION TO IMPLEMENT CAD TO CAD INTERFACE BETWEEN THE CITY OF

BERKELEY EMERGENCY COMMUNICATIONS CENTER AND THE ALAMEDA

COUNTY REGIONAL DISPATCH CENTER
WHEREAS Emergency Communication Centers (ECC) are the hub of any emergency response system, and
WHEREAS, these grant funds will be used to make significant improvements to interagency communication, and
WHEREAS, grant funds will be used to implement Computer-Aided Dispatch software intended for data sharing and improved dispatch communication for both the City of Berkeley Emergency Communications Center and Alameda County Regional Emergency Communications Center.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is authorized to apply for and accept a grant, and any amendments, from the State Homeland Security Grant Program for up to $99,600 to implement data sharing software to both jurisdictions CAD system.

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 30, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: David Sprague, Fire Chief
Subject: Contracts: As-Needed Hazardous Fire Fuel Treatment with Julian Tree Care, Professional Tree Care, West Coast Arborist Inc., and West Coast Tree Service

RECOMMENDATION
Adopt four Resolutions authorizing the City Manager or her designee to execute the following contracts and any amendments for As-Needed Hazardous Fire Fuel Treatment and removal from February 1, 2024, to January 30, 2028, for a total cummulative amount not to exceed $4,000,000:

1. Julian Tree Care in the amount of $1,000,000;

2. Professional Tree Care in the amount of $1,000,000;

3. West Coast Arborist Inc. in the amount of $1,000,000; and

4. West Coast Tree Service in the amount of $1,000,000.

FISCAL IMPACTS OF RECOMMENDATION
Funding is available in the Fire Department budget using Measure FF funds, the Hills Overlay Assessment, and grant funds.

CURRENT SITUATION AND ITS EFFECTS
On October 13, 2023, to prepare for a new contract for these services, the City conducted a Request for Quote (RFQ) competitive bidding process to solicit proposals for the removal of hazardous vegetation accumulation and to manage other vegetation in high-risk areas of City-owned parks, pathways, evacuation routes and landscaped areas (Specification No. 24-11634-C).

On November 21, 2023, the City received six quotes. Staff determined that Julian Tree Care, Professional Tree Care, West Coast Arborist Inc., and West Coast Tree Service met the criteria for a significant portion of the work needed. Staff recommends that new contracts with Julian Tree Care, Professional Tree Care, West Coast Arborist Inc., and West Coast Tree Service be authorized.

The as-needed hazardous vegetation management and removal services are Strategic Plan Priority Projects, advancing our goals to

Contract: As-Needed Hazardous Fire Fuel Treatment with Julian Tree Care, Professional Tree Care, West Coast Arborist Inc., and West Coast Tree Service CONSENT CALENDAR

 create a resilient, safe, connected, and prepared city,  champion and demonstrate social and racial equity.
 be a global leader in addressing climate change, advancing environmental justice, and protecting the environment.

BACKGROUND
In 2021, the Fire Chief prioritized a FireSafe Berkeley initiative that includes hazardous fire fuel treatment and vegetation removal in the Very High Fire Hazard Severity Zone, increased inspections and compliance, defensible space treatment assistance for residents who demonstrate financial or physical hardship, and public education on vegetation management practices. These contracts assist with the objectives of removing hazardous vegetation accumulation and managing other vegetation in high- risk areas of the community and in City-owned parks, pathways, and evacuation routes.

The City does not have the resources to accomplish this work using in-house staff, and therefore uses contracted services.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Chapter 1 of the City’s Climate Action Plan acknowledges that California will experience a rise in wildfires due to climate change. Additionally, this program preserves natural habitat by removing unwanted invasive plant species and vegetative debris that are recycled and converted into usable compost. This services contract is an essential component in the proper maintenance of the City’s landscape.

RATIONALE FOR RECOMMENDATION
The Fire and The Parks, Recreation and Waterfront Departments have evaluated the ongoing needs for hazardous vegetation mitigation and other vegetation management and determined Julian Tree Care, Professional Tree Care, West Coast Arborist Inc., and West Coast Tree Service help fulfill the requirements as set out in the RFP.

ALTERNATIVE ACTIONS CONSIDERED
None

CONTACT PERSON
Shanalee Gallagher, Program Manager, Fire Department, 510-981-3473 Attachments:
1: Resolution – Julian Tree Care
2: Resolution – Professional Tree Care
3: Resolution – West Coast Arborist Inc.
4: Resolution – West Coast Tree Service

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

CONTRACT: AS-NEEDED HAZARDOUS FIRE FUEL TREATMENT
WHEREAS, in 2021, the Fire Chief initiated a FireSafe Berkeley and prioritized the reduction of hazardous vegetation removal; and
WHEREAS, the program objectives are to remove hazardous vegetation accumulations and to manage other vegetation in high-risk areas of the City; and WHEREAS, on October 13, 2023, to prepare for a new contract for these services, the City conducted a Request For Quote (RFQ) competitive bidding process to solicit proposals for the removal of hazardous vegetation accumulations and to manage other vegetation in high-risk areas (Specification No. 24-11634-C); and WHEREAS, on November 27, 2023, the City received six (6) bids, which were reviewed by staff; and
WHEREAS, staff determined that Julian Tree Care meet the criteria described in the RFP; and
WHEREAS, the desired landscape maintenance firms will be available on an on- call basis over a four-year period for a cumulative amount not to exceed $1,000,000; and
WHEREAS, funding is available in the Fire Department budget using Measure FF funds, the Hills Overlay Assessment, and grant funds.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is hereby authorized to execute a contract and any amendments with Julian Tree Care for a period of four years, for a cumulative total not to exceed of $1,000,000.

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

CONTRACT: AS-NEEDED HAZARDOUS FIRE FUEL TREATMENT
WHEREAS, in 2021, the Fire Chief initiated a FireSafe Berkeley and prioritized the reduction of hazardous vegetation removal; and
WHEREAS, the program objectives are to remove hazardous vegetation accumulations and to manage other vegetation in high-risk areas of the City; and WHEREAS, on October 13, 2023, to prepare for a new contract for these services, the City conducted a Request For Quote (RFQ) competitive bidding process to solicit proposals for the removal of hazardous vegetation accumulations and to manage other vegetation in high-risk areas (Specification No. 24-11634-C); and WHEREAS, on November 27, 2023, the City received six (6) bids, which were reviewed by staff; and
WHEREAS, staff determined that Professional Tree Care meet the criteria described in the RFP; and
WHEREAS, the desired landscape maintenance firms will be available on an on- call basis over a four-year period for a cumulative amount not to exceed $1,000,000; and
WHEREAS, funding is available in the Fire Department budget using Measure FF funds, the Hills Overlay Assessment, and grant funds.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is hereby authorized to execute a contract and any amendments with Professional Tree Care for a period of four years, for a cumulative total not to exceed of $1,000,000.

Error! No text of specified style in document.

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

CONTRACT: AS-NEEDED HAZARDOUS FIRE FUEL TREATMENT
WHEREAS, in 2021, the Fire Chief initiated a FireSafe Berkeley and prioritized the reduction of hazardous vegetation removal; and
WHEREAS, the program objectives are to remove hazardous vegetation accumulations and to manage other vegetation in high-risk areas of the City; and WHEREAS, on October 13, 2023, to prepare for a new contract for these services, the City conducted a Request For Quote (RFQ) competitive bidding process to solicit proposals for the removal of hazardous vegetation accumulations and to manage other vegetation in high-risk areas (Specification No. 24-11634-C); and WHEREAS, on November 27, 2023, the City received six (6) bids, which were reviewed by staff; and
WHEREAS, staff determined that West Coast Arborist Inc meet the criteria described in the RFP; and
WHEREAS, the desired landscape maintenance firms will be available on an on- call basis over a four-year period for a cumulative amount not to exceed $1,000,000; and
WHEREAS, funding is available in the Fire Department budget using Measure FF funds, the Hills Overlay Assessment, and grant funds.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is hereby authorized to execute a contract and any amendments West Coast Arborist Inc. for a period of four years, for a cumulative total not to exceed of $1,000,000.

Error! No text of specified style in document.

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

CONTRACT: AS-NEEDED HAZARDOUS FIRE FUEL TREATMENT
WHEREAS, in 2021, the Fire Chief initiated a FireSafe Berkeley and prioritized the reduction of hazardous vegetation removal; and
WHEREAS, the program objectives are to remove hazardous vegetation accumulations and to manage other vegetation in high-risk areas of the City; and WHEREAS, on October 13, 2023, to prepare for a new contract for these services, the City conducted a Request For Quote (RFQ) competitive bidding process to solicit proposals for the removal of hazardous vegetation accumulations and to manage other vegetation in high-risk areas (Specification No. 24-11634-C); and WHEREAS, on November 27, 2023, the City received six (6) bids, which were reviewed by staff; and
WHEREAS, staff determined that West Coast Tree Service meet the criteria described in the RFP; and
WHEREAS, the desired landscape maintenance firms will be available on an on- call basis over a four-year period for a cumulative amount not to exceed $1,000,000; and
WHEREAS, funding is available in the Fire Department budget using Measure FF funds, the Hills Overlay Assessment, and grant funds.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is hereby authorized to execute a contract and any amendments with West Coast Tree Service for a period of four years, for a cumulative total not to exceed of $1,000,000.

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

CONSENT CALENDAR
January 30, 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: 2024 Community Services Block Grant

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her designee to accept Community Service Block Grant (CSBG) Contract Number 24F-3001 for the amount of $299,495, and execute any resultant agreements and amendments including amendments that may decrease or increase the contract amount or add discretionary funding, or to change the contract term, or to update contract terms, to provide low-income services for the time period January 1, 2024 to May 31, 2025, with the option to extend the contract period as amended by the California State Department of Community Services and Development.

FISCAL IMPACTS OF RECOMMENDATION
Berkeley’s CSBG allocation for the period of January 1, 2024 to May 31, 2025 is $299,495 (Fund 334). The CSBG allocation amount is included in the City’s anti-poverty Community Action Fund and supports oversight and management of anti-poverty funds within the Department of Health, Housing and Community Services (HHCS). CSBG funding is distributed annually; however, the contract period extends an additional five months with no additional funding to provide recipients with adequate time to complete reports and submit payment requests.

CURRENT SITUATION AND ITS EFFECTS
The City of Berkeley receives CSBG to support anti-poverty programs because it is a Community Action Agency (CAA). CSBG funds are part of the federal Department of Health and Human Services budget passed through the state to local CAAs. The City of Berkeley uses its CSBG entitlement to fund community service programs.

The Human Welfare and Community Action Commission (HWCAC) acts as the federally mandated tri-partite advisory board for CSBG funding. As such, it is responsible for reviewing performance of funded programs, reviewing compliance with the implementation of the community action program, and advising Council on CSBG funding decisions. The Berkeley City Council is the decision-making body and is thus responsible for all final CSBG funding decisions.

Revenue Contract: 2024 Community Services Block Grant CONSENT CALENDAR January 30, 2024

At the time of the FY24 award, the HWCAC was unable to achieve a quorum to recommend that Council accept the 2024 CSBG funding. However, City Council, being the decision-making body, is ultimately responsible for all CSBG funding decisions, including the acceptance of CSBG funding. Therefore, Council is authorized to accept CSBG funding in the event that the HWCAC is unable to meet due to a lack of quorum or other reason.

BACKGROUND
CSBG provides supplemental support for the City of Berkeley’s anti-poverty efforts. In 2021, the award was $275,106, and in 2022 the award slightly decreased to $274,202.

In 2023, the award increased to the amount of $312,302. CSBG funds supplement anti- poverty General Funds which are used for other critical community services, including disability and senior services, medical care, child care, and additional homeless services. Funding is awarded to activities through the City’s Community Agency RFP process.

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

RATIONALE FOR RECOMMENDATION
The CSBG is necessary to support the provision of services for residents living in poverty in Berkeley.

ALTERNATIVE ACTIONS CONSIDERED
No alternative actions were considered. Rejecting CSBG funding would reduce funding for services to low-income Berkeley residents, which would negatively impact low- income services in Berkeley.

CONTACT PERSON
Mary-Claire Katz, Associate Management Analyst, HHCS, (510) 981-5414.

Attachments:
1: Resolution

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

REVENUE CONTRACT: 2024 COMMUNITY SERVICES BLOCK GRANT (CSBG) WHEREAS, the City of Berkeley is a Community Action Agency and receives CSBG funds as the Berkeley Community Action Agency to support anti-poverty programs; and WHEREAS, the Human Welfare and Community Action Commission (HWCAC) acts as an advisory tripartite Board to the Council providing public participation in the governing process; and
WHEREAS, the HWCAC currently has one commissioner, and so is unable to achieve a quorum to recommend that Council accept the 2024 CSBG funding; and WHEREAS, Council is the decision-making body responsible for all CSBG funding decisions, including the acceptance of CSBG funding, and is therefore authorized to accept CSBG funding in the event that the HWCAC is unable to meet due to a lack of quorum; and
WHEREAS, this CSBG revenue contract is for the period of January 1, 2024 to May 31, 2025, with the option to extend the contract period and/or accept amendments that either increase the contract amount and/or update contract terms, for a contract amount of $299,495 (Fund 334); and
WHEREAS, the funds have historically been used to support anti-poverty services and to support City of Berkeley oversight and management of anti-poverty programs (Fund 334).

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is authorized to accept Community Service Block Grant Contract Number 24F-3001 for the amount of $299,495, and execute any resultant agreements and amendments including amendments that may decrease or increase the contract amount or add discretionary funding, or to change the contract term, or to update contract terms, to provide low-income services for the time period January 1, 2024 to May 31, 2025, with the option to extend the contract period as amended by the California State Department of Community Services and Development. A record signature copy of said agreement 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: https://berkeleyca.gov/

CONSENT CALENDAR
January 30, 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 Grant Agreement: Funding Support from the State of California Tobacco Control Program to Conduct Public Health Services

RECOMMENDATION
Adopt Resolution authorizing the City Manager or her designee to submit grant agreements to the State of California, to accept the grant, and execute any resultant revenue agreements and amendments to conduct public health promotion, protection, and prevention services for the Tobacco Control Program in the projected total amount of $300,000 for Fiscal Year 2025.

FISCAL IMPACTS OF RECOMMENDATION
The City will receive an estimated total amount of $300,000 from the State of California Tobacco Control Program in FY25. The contract will be assigned a contract number and the revenue deposited in Fund 157. There is no local match required for this grant.

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

CURRENT SITUATION AND ITS EFFECTS
The Tobacco Control Program funding supports the Department of Health, Housing, and Community Services’ (HHCS) work to improve the health of our community preventing disease caused by tobacco use. Supported interventions include community information and education, training, and technical assistance for community members interested in local tobacco control efforts.

BACKGROUND
The City has received state Tobacco Control Program funds annually since 1991.

HHCS provides a broad range of public health and community health services in Berkeley; with the goals of achieving health equity, promoting healthy environments and behaviors, protecting residents from disease, and preventing illness, disability, and premature death.

Revenue Grant Agreements: Funding Support from the State of California CONSENT CALENDAR for the Tobacco Control Program January 30, 2024

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 the City’s mandates as a public health jurisdiction, as well as local initiatives designed to address health inequities in Berkeley and improve the health of Berkeley residents. These non-competitive grants support HHCS/PHD’s mission and provide the City with funding to continue working to protect and improve the health of the community.

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

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

1. Resolution

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

GRANT AGREEMENT: STATE OF CALIFORNIA TOBACCO CONTROL PROGRAM WHEREAS, the City of Berkeley Department of Health, Housing, and Community Services, Public Health Division (HHCS/PHD), is committed to reducing death and disease caused by tobacco use and exposure to second hand smoke; and WHEREAS, second hand smoke is classified as a “known human carcinogen” (cancer causing agent) by the US Environmental Protection Agency, The US Toxicology Program, and the International Agency for Research on Cancer, a branch of the World health organization; and
WHEREAS, HHCS provides a broad range of needed public health program services to the community; works to promote healthy environments and behaviors, protect residents from disease, and prevent illness, disability, and premature death; and seeks to eliminate health inequities; 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 submit a grant agreement to the State of California for funding for Fiscal Year 2025 for the Tobacco Control Program; to accept the grant funds; execute any resultant revenue agreements and amendments in line with the grant award, which may be larger or smaller than the projected award of $300,000; and implement the projects and appropriation of funding for related expenses, subject to securing the grant. 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: https://berkeleyca.gov/

CONSENT CALENDAR
January 30, 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: Expenditure Contract: Alameda County Public Health Department (Office of Dental Health) to Provide Dental Services to the Berkeley Unified School District

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her designee to execute a contract and any amendments or extensions with Alameda County in an amount not to exceed $159,000 to provide dental services in Berkeley Unified School District for the period July 1, 2024 through June 30, 2027.

FISCAL IMPACTS OF RECOMMENDATION
General Fund (Fund 011) in the amount of $53,000 is available in the City’s adopted Fiscal Year 2024. General Funds in subsequent years ($53,000 annually) will be proposed in the Fiscal Year 2025 and Fiscal Year 2026 budgets.

CURRENT SITUATION AND ITS EFFECTS
The City has funded Alameda County to provide oral health services to Berkeley Unified School District students for the past 18 years in order to address racial health inequities.

Through this contract, the City makes available dental screenings, free dental sealants, and preventive dental education for all BUSD third graders and, where necessary, referral and linkages to dental appointments and health insurance. City staff coordinate follow-up for those children at highest risk who are currently uninsured or unconnected to a dental health provider but in need of care.

BACKGROUND
Research increasingly shows that although tooth decay is largely preventable, it remains the most common chronic disease of children aged six to 11 years. Nationally, children of racial and ethnic minority groups have twice as much untreated decay in their permanent teeth, but only receive about half as many dental sealants, as non- minority children

Expenditure Contract: Alameda County Public Health Department, CONSENT CALENDAR Office of Dental Health January 30, 2024

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

RATIONALE FOR RECOMMENDATION
This contract supports 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, assure that children in Berkeley Public Elementary Schools have access to oral health preventive resources.

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, MPH, Public Health Division Manager, HHCS, (510) 981-5121 Attachments:
1: Resolution

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

EXPENDITURE CONTRACT: ALAMEDA COUNTY PUBLIC HEALTH DEPARTMENT,

OFFICE OF DENTAL HEALTH FOR ORAL HEALTH SERVICES TO BERKELEY

UNIFIED SCHOOL DISTRICT
WHEREAS, dental decay is one of the most prevalent and untreated diseases of children and it remains the most common chronic disease of children aged 6 to 11 years (25%) and children of racial and ethnic minority groups have twice as much untreated decay in their permanent teeth; and
WHEREAS, the number of elementary aged children receiving sealants and fluoride treatments in Berkeley Unified School District (BUSD) elementary schools has been steadily increasing since the COB School-Based Oral Health program began; and WHEREAS, the City Council has authorized a sole source contract with the Alameda County Public Health Department since 2000 due to the Department’s existing relations for providing dental health services, outreach and education to schools within BUSD as well as their working knowledge of program and state requirements for the provision of these services; and
WHEREAS, the City of Berkeley Department of Health, Housing & Community Services (HHCS) works to promote healthy environments and behaviors, protect residents from disease, and prevent illness, disability, and premature death, and eliminate health inequities; and
WHEREAS, General Funds (Fund 011) is 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 hereby authorized to execute a sole source contract with Alameda County, and any amendments or extensions thereto, in an amount not to exceed $159,000, to provide dental services in Berkeley Unified School District for the period of June 1, 2024 through June 30, 2027. A record signature copy of said contract 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: https://berkeleyca.gov/

CONSENT CALENDAR
January 30, 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: Expenditure Contract: Berkeley Free Clinic for Laboratory Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her designee to execute a contract and any amendments or extensions with the Berkeley Free Clinic (BFC) for laboratory services, in an amount not to exceed $150,000 for the period July 1, 2024 through June 30, 2027.

FISCAL IMPACTS OF RECOMMENDATION
General Fund (Fund 011) $50,000 for this contract is available in the adopted Fiscal Year 2025 budget. $50,000 annually will also be proposed in the Fiscal Year 2026 and Fiscal Year 2027 budgets.

CURRENT SITUATION AND ITS EFFECTS
The City has funded laboratory services for reproductive and sexual health services provided by BFC for many years. BFC was founded in 1969 and is an essential safety- net provider of health care services in Berkeley. This contract will reimburse BFC for clinical laboratory expenses up to $50,000 annually for the period July 1, 2024 through June 30, 2027.

BACKGROUND
Fees have never been charged for any services, materials, medications or supplies provided at BFC. BFC’s revenue comes solely from individual or organizational donations and government programs. Direct services are provided almost exclusively by volunteer lay health care workers. Volunteers receive extensive and specific training in classroom and clinical settings. Treatments, referrals and guidance are provided in a client-centered and inclusive context.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The provision of laboratory services by a currently licensed laboratory in good standing ensures that the production of medical and laboratory waste is minimized, and that potential negative impacts from such waste is avoided or mitigated.

Expenditure Contract: Berkeley Free Clinic for Laboratory Services CONSENT CALENDAR January 30, 2024

RATIONALE FOR RECOMMENDATION
BFC’s free health care services for uninsured, disenfranchised, and under-served populations in the City, including reproductive and sexual health services for all genders, support public health goals of improving the health and well-being of the Berkeley community.

ALTERNATIVE ACTIONS CONSIDERED
Ceasing funding for laboratory services provided by BFC is not recommended because of the likely detrimental impact to health equity.

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

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

CONTRACT: BERKELEY FREE CLINIC FOR CLINICAL LABORATORY SERVICES WHEREAS, Berkeley Public Health Division has a longstanding partnership with Berkeley Free Clinic (BFC), providing funding for laboratory services for BFC clients; and WHEREAS, BFC offers free health care services, provided by volunteer staff, to uninsured, disenfranchised, and under-served populations and is an essential safety-net provider of health care services in Berkeley; and
WHEREAS, BFC’s services complement those provided by the City and other community health care providers, and support health equity; and
WHEREAS, funds are available in the Fiscal Year 2025 budget in the Discretionary General Fund (Fund 011).

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that by the Council of the City of Berkeley that the City Manager or her designee is authorized to execute a sole source expenditure contract and any amendments or extensions with the Berkeley Free Clinic (BFC) in General Funds (Fund 011) not to exceed $150,000 for the period July 1, 2025 through June 30, 2027 ($50,000 annually) for the purpose of funding clinical laboratory expenses for BFC clients related to reproductive and sexual health. A record signature copy of said contract to be on file in the office of the City Clerk.

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

CONSENT CALENDAR
January 30, 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. 32300149 Amendment: mySidewalk, Inc. for HHCS Web-Based Population Health Data Platform

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 32300149 with mySidewalk, Inc. for an additional $30,000 for a total not to exceed amount of $158,315 through March 4, 2026.

FISCAL IMPACTS OF RECOMMENDATION
Funds for the additional scope of work in the amount of $30,000 will be provided from the Future of Public Health grant (Fund 302).

CURRENT SITUATION AND ITS EFFECTS
The proposed amendment will purchase additional subscriptions and licenses for a web-based population health data platform to access, compile, and share Results- Based Accountability (RBA) data. The Department of Health, Housing, and Community Services (HHCS) is in the process of implementing Results Based Accountability (RBA) across all divisions as a way to shape goals and measure outcomes for each of the programs. RBA is a systematic way to track performance and implement improvements to the services that are provided to the residents of Berkeley.

BACKGROUND
The existing contract with this vendor will allow HHCS to compile and share Community Health Assessment (CHA) data, and priority issues and strategies for the Community Health Improvement Plan (CHIP).

Currently, HHCS is in process of undertaking the CHA and CHIP which will assess the health of the community’s population and identify plans to improve it. California Future of Public Health program funding also requires that the City completes a CHA and a CHIP. Using this interactive solution will help community members of all backgrounds to quickly understand health data, plans for improvements and how well the City is doing in making those improvements.

Contract Amendment: mySidewalk, Inc for CONSENT CALENDAR HHCS Web-Based Population Health Data Platform January 30, 2024

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental sustainability and climate impact effects or opportunities associated with the action requested in this report.

RATIONALE FOR RECOMMENDATION
This amendment will further allow HHCS staff to engage in continuous improvement efforts driven by program performance data as well as provide timely and informative communications of progress of the Community Health Improvement Plan over time.

ALTERNATIVE ACTIONS CONSIDERED
Instead of choosing technological solutions, the City could continue as it has historically with not having Results-Based Accountability data easily accessible to the community.

Since protecting public health requires public engagement, staff do not recommend this approach.

CONTACT PERSON
Kellie Knox, Future of Public Health Coordinator, HHCS, (510) 981-5301 Attachments:
1: Resolution

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

CONTRACT NO. 32300149 AMENDMENT: MYSIDEWALK, INC FOR HEALTH,

HOUSING, AND COMMUNITY SERICES WEB-BASED POLUATION HEALTH DATA

PLATFORM
WHEREAS, the City of Berkeley has issued an RFP to obtain a web-based, subscription solution to support residents and stakeholders of the City of Berkeley in viewing health data from local, regional and national sources in an easy-to-understand format and to support the implementation of a Community Health Assessment (CA) and a Community Health Improvement Plan (CHIP); and
WHEREAS, the City conducted RFP Specification No. 23-11553-C, and Council approved the selection of mySidewalk as the vendor with Resolution No. 70,714-N.S. adopted on March 14, 2023; and
WHEREAS, the City entered into contract 32300149 with mySidewalk on June 15, 2023 for an amount not to exceed $128,315; and
WHEREAS, HHCS staff has been satisfied with the performance of mySidewalk, Inc thus far.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is authorized to amend Contract No. 32300149 with mySidewalk. Inc to expand the web-based subscription solution to further implement it in the use of providing data to the residents of Berkeley about the Results-Based Accountability the staff are doing to improve health equity in Health, Housing, and Community Services from January 2, 2024 to March 4, 2026 in an amount not to exceed of $158,315.

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 30, 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. 32300112 Amendment: Harold Dichoso for COVID-19 Outreach and Education

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her designee to amend Contract No. 32300112 with Harold Dichoso for COVID-19 outreach and education, to extend the contract end date through June 30, 2024 and increase the not-to-exceed amount (NTE) by $20,000 utilizing one-time grant funds. The amendment will increase the NTE amount from $125,000 to $145,000.

FISCAL IMPACTS OF RECOMMENDATION
The amendment will add $20,000 with a total not-to-exceed amount of $145,000. The funding for this amendment is available in the FY2024 Adopted Budget in One-Time Fund (Fund 350).

CURRENT SITUATION AND ITS EFFECTS
Amending contract number 32300112 will allow Harold Dichoso to continue to refine and implement culturally responsive curriculum that exposes Berkeley youth to job readiness skills and provide work-based learning experiences while serving as COVID- 19 youth ambassadors through the end of the state COVID-19 Workforce Development (WFD) grant period. This amendment would allow an additional five to seven youth from the Berkeley Technology Academy to be included in the youth ambassadors cohort.

Under the original contract, Harold Dichoso has designed and facilitated 36 two-hour professional development workshops for the 67 youth who enrolled in three cohorts of the Health Justice Internship (HJI) program and supported their experience with youth development programming and mentorship. Contract activities also include coordination between City of Berkeley staff and staff from Berkeley Unified School District, Berkeley City College, and community organizations.

Contract No. 32300112 Amendment: Harold Dichoso CONSENT CALENDAR COVID-19 Outreach and Education January 30, 2024

This program will continue to aid in slowing the spread of COVID-19 and ensure all Berkeley residents have equitable access to COVID-19 vaccines, testing, treatment, and other infection control and healthcare measures.

BACKGROUND
In response to the COVID-19 Pandemic, the City of Berkeley received a COVID-19 Workforce Development grant from the California Department of Public Health (CDPH).

The City partnered with Harold Dichoso to ensure all Berkeley residents have equitable access to COVID-19 vaccines, testing, treatment, and other infection control and healthcare measures through the implementation of the Health Justice Internship (HJI) Program. The HJI program provides Berkeley youth the opportunity to participate in paid internships while serving as COVID-19 youth ambassadors.

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

RATIONALE FOR RECOMMENDATION
The additional funding identified will continue to aid in slowing the spread of COVID-19 throughout the Berkeley community and will ensure all Berkeley residents have equitable access to COVID-19 vaccines, testing, treatment, and other infection control and healthcare measures.

ALTERNATIVE ACTIONS CONSIDERED
Staff did not identify other alternatives that are consistent with both the grant purpose, City priorities, and CDC’s COVID-19 guidance.

CONTACT PERSON
Janice Chin, Public Health Division Manager, HHCS, 510-981-5121 Attachment:

1. Resolution

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

CONTRACT NO. 32300112 AMENDMENT: HAROLD DICHOSO FOR COVID-19

OUTREACH AND EDUCATION
WHEREAS, the City of Berkeley issued a Request for Proposal No. 23-11542-C to obtain consulting services through a single contract with a community-based organization or individual related to the COVID-19 pandemic through the Health Justice Internship Program.

WHEREAS, on November 16, 2022, the City of Berkeley executed contract number 32300112 with Harold Dichoso, which as authorized by the City Council (Resolution 70,594-N.S.), with a not to exceed amount of $90,000
WHEREAS, on June 27, 2023 the City of Berkeley amended contract number 32300112 with Harold Dichoso, which as authorized by the City Council (Resolution 70,903-N.S.), increasing the not to exceed amount to $125,000.

WHEREAS, additional funds from the Workforce Development (WFD) grant in the amount of $20,000 are available to increase the contract amount which will allow Harold Dichoso to include additional youth participants, exposing them to culturally responsive curriculum, job readiness skills and providing work-based learning experiences while serving as COVID-19 youth ambassadors through the end of the COVID-19 Workforce Development (WFD) grant period.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is authorized to amend Contract No. 32300112 with Harold Dichoso for COVID-19 outreach and education, to extend the contract end date through June 30, 2024 and increase the not-to-exceed amount (NTE) by $20,000 to a total of $145,000 utilizing one-time grant funds.

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 30, 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: Martin Luther King Jr. House Request for Proposals Recommendation

RECOMMENDATION
Adopt a Resolution to:

1. Approve the transfer of Martin Luther King Jr.(MLK) House from Resources for Community Development to Insight Housing, including obligations under the City’s existing loan and regulatory agreements; and

2. Extend the previously approved $1,178,974 funding reservation for MLK House and transfer that reservation to Insight Housing; and

3. Reserve an additional $822,014 from the Housing Trust Fund program to support Insight Housing's renovation of the property; and

4. Waive Sections I.A.1 and IV.C.1 of the Housing Trust Fund Guidelines.

5. Authorize the City Manager or her designee to execute all original or amended documents or agreements to effectuate this action.

SUMMARY
MLK House is a congregate, permanent housing development serving primarily formerly homeless people with disabilities. Resources for Community Development intends to transfer MLK House to a new owner, which requires City Council approval under the project’s existing loan agreements. After soliciting proposals through a Request for Proposals (RFP) process to identify a qualified owner/operator, staff recommends approving the transfer to Insight Housing. In addition to the existing reservation of $1,178,974 for MLK House, Insight Housing requested $822,014 (for a total of $2,000,988) to undertake a more comprehensive renovation of the property, and update it for use as veterans housing.

FISCAL IMPACTS OF RECOMMENDATION
The attached resolution would extend the duration of an existing $1,178,974 funding reservation for MLK House, which established a 24-month deadline. It would also reserve an additional $822,014 to support the renovation of the property. There are currently sufficient funds in the Housing Trust Fund (HTF) program to fund the full request. Staff will determine the exact mix of funds from the HTF closer to the loan closing, which could include the following funds: Affordable Housing Mitigation Fee

MLK House Request for Proposals Recommendation CONSENT CALENDAR January 30, 2024

(Fund #120), Inclusionary Housing Mitigation Fee (Fund #122), Condo Conversion Fee (Fund #123c), Commercial Housing Mitigation Fee (Fund #331), and Permanent Local Housing Allocation (#302). Funding is subject to appropriation through the second amendment to the FY2024 appropriations ordinance.

CURRENT SITUATION AND ITS EFFECTS
MLK House (2942-2944 Martin Luther King, Jr. Way) is a 12-bedroom, Single-Room Occupancy (SRO) permanent housing project with shared bathrooms and a communal kitchen. It is currently owned and operated by Resources for Community Development (RCD), and primarily houses formerly homeless individuals through the Shelter + Care program. RCD requested the City’s approval to transfer the property to a qualified entity because RCD is not structured to provide the necessary level of oversight and management for the current population in a small communal living property like MLK House.

Housing and Community Services (HHCS/HCS) released the MLK House RFP on July 19, 2023 to select a new owner/operator, and received proposals from three applicants:

Insight Housing (Insight), Kingdom Builders, and Options Recovery Services.

Staff recommends moving forward with Insight as the new owner/operator for MLK House. Insight’s proposal was the strongest, demonstrating organizational capacity to take on the rehab and operations, and a feasible operating strategy that serves a vulnerable population and leverages non-City funding. On November 2, 2023, the Housing Advisory Commission reviewed and supported staff’s recommendation for Insight Housing’s proposal.

BACKGROUND
The goal of the RFP was to identify a new owner/operator that:
 Will serve a population that is appropriate for the property and supportive services available;
 Has experience operating shared housing;
 Is capable of securing new, sustainable operating and services funding sources; and
 Is capable of rehabilitating the property.

HCS staff evaluated the applications according to the following criteria identified in the MLK House RFP:
 Organization Capacity
 Feasibility
 Property Management and Services Plans
Insight Housing
Insight Housing (formerly Berkeley Food and Housing Project) intends to convert the property to supportive housing for 11 homeless or formerly homeless veterans. Insight

MLK House Request for Proposals Recommendation CONSENT CALENDAR January 30, 2024

requested an additional $822,014 (for a total of $2,000,988) to support the rehab of the property. The additional funds are necessary to undertake a more comprehensive rehab and to add kitchenettes to each room in order to make them eligible for Veterans Affairs Supportive Housing (VASH) vouchers from the Department of Veterans Affairs (VA).

Insight has sufficient development experience to take on the MLK House renovations, and is experienced in managing shared living facilities, and working with formerly homeless populations (including veterans). Insight will work closely with the VA on tenant selection, and will be able to assess fit and suitability for semi-independent living with shared facilities. MLK House’s proximity to Russell Street Residences (another Insight property) allows for mutual operational support between the two sites.

The approval would require two waivers of the HTF Guidelines. Section I.A.I of the HTF guidelines requires applicants to have completed at least three projects of a similar size and scope within the last ten years in order to be eligible for funding. Insight has relevant rehabilitation experience, but does not technically meet that criteria, so staff recommends waiving this requirement. The HTF guidelines also require a City Council waiver if a City loan amount exceeds 40% of the project’s total costs, which staff recommends due to the unique nature of the MLK House project and challenges securing alternative funding for renovations of this scale.

Kingdom Builders Transitional Housing Program
Kingdom Builders Transitional Housing Program (Kingdom) proposed housing 11 Transitional Aged Youth (TAY) with incomes up to 100% AMI. TAY are youth aged 18- 24 who are transitioning out of public systems, including foster care.

Kingdom is a relatively new organization that has been providing services since 2009, though was only formally incorporated within the past five years. Kingdom recently completed a Homekey project in Oakland, and is currently building a 54-room facility in downtown Oakland that will include TAY units.

Although there is a need for affordable TAY housing, staff and the HAC had concerns about the financial and operating plan for the property in this proposal.

Options Recovery Services
Options Recovery Services (Options) proposed a substance recovery residence program for up to 14 adults undergoing outpatient treatment for Substance Use Disorder. The units would be available for individuals earning up to 30% AMI.

The proposed program and population could be a good fit for MLK House, but staff had concerns about the financing assumptions and project feasibility.

MLK House Request for Proposals Recommendation CONSENT CALENDAR January 30, 2024

Project History
In 1991, the City loaned RCD a total of $278,126 from the Housing Trust Fund for the acquisition and renovation of MLK House. Since then, RCD has been operating the property for individuals exiting homelessness, and currently serves clients in the Shelter + Care program. In 2017, the City refinanced its loan, forgiving the accrued interest and reducing the interest rate to 0%. The City’s Regulatory Agreement restricts 10 SROs to individuals earning 60% of Area Median Income (AMI).

In 2021, RCD asked the City to approve a transfer of MLK House to a new owner/operator. Shelter + Care tenants are now selected through the County’s Coordinated Entry System, which prioritizes the highest need residents. High needs residents transitioning from homelessness have struggled having a shared kitchen and bathrooms, have contributed to heavier wear and tear on the property than the replacement reserve can support, and tend to invite non-residents to sleep or leave their personal belongings at MLK House, creating complex management and service needs.

Shelter + Care vouchers do not provide enough income to cover the ongoing costs of operating the property. The proposed property transfer would trigger a need to relocate the existing residents, which the City’s Shelter + Care team would facilitate in partnership with the RCD and Insight.

The new owner/operator would assume RCD’s existing HTF loan, and have access to new rehab and operations funding. City Council allocated $1,178,974 from the Housing Trust Fund program to RCD for MLK House through the 2021 Housing Trust Fund RFP.

Those funds would be available to the new owner/operator to undertake renovations to address capital needs and to tailor the property to the new population and programming. In addition to the rehab funds, the City reserved $107K in Mental Health Services Act (MHSA) funding for the project in 2023, which is available to the future owner/operator (subject to annual approval) if they continue to serve individuals with mental health diagnoses.

On November 2, 2023, the Housing Advisory Commission took the following action:

Action: M/S/C (Johnson/Calavita) to recommend City Council: 1. Approve the transfer of MLK House from Resources for Community Development to Insight Housing, including obligations under the existing loan and regulatory agreements; 2. Reserve an additional $822,014 from the Housing Trust Fund program to accompany the property’s 2021 HTF reservation of $1,178,974 for a total of $2,000,988 to support Insight Housing's renovation of the property; and 3. Waive Sections I.A.1 and IV.C.1 of the Housing Trust Fund (HTF) Guidelines.

Vote: Ayes: Bell, Braslaw, Calavita, Johnson, Mendonca, Ortiz-Cedeño, Potter, and Simon-Weisberg. Noes: none. Abstain: none. Absent: none.

MLK House Request for Proposals Recommendation CONSENT CALENDAR January 30, 2024

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
MLK House is an existing, infill property near Ashby BART in a walkable neighborhood.

Insight Housing will incorporate energy-efficiency and sustainability measures into the scope to the extent feasible.

RATIONALE FOR RECOMMENDATION
Insight demonstrated sufficient experience to take on the MLK House renovations and operate the property as affordable housing for formerly homeless veterans. Insight will be able to assess each resident’s readiness for semi-independent living. The proposed project will leverage the City’s limited funding with VASH vouchers, which may help facilitate long-term operational stability to the project.

ALTERNATIVE ACTIONS CONSIDERED
HCS staff evaluated the proposals from Kingdom Builders and Options Recovery Services, but had concerns about their respective feasibility. RCD initially proposed transferring the property to another entity that planned to serve Shelter + Care clients in a continuation of current operations. That would not have addressed the challenges under the current model, and staff did not support that proposed transfer.

CONTACT PERSONS
Jenny Wyant, Senior Community Development Project Coordinator, HHCS, 510- 981-5228
Attachments:
1: Resolution

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

MARTIN LUTHER KING JR. HOUSE REQUEST FOR PROPOSALS

RECOMMENDATION
WHEREAS, City Council established a Housing Trust Fund (HTF) program to assist in the development and expansion of housing affordable to low- and moderate-income persons who either work or reside within the City of Berkeley, and authorized the City Manager to implement the HTF program; and
WHEREAS, City Council adopted guidelines (HTF Guidelines) as revised on January 19, 2021, and authorized the HTF program in accordance with the Guidelines; and WHEREAS, on June 1, 1991, the City entered into a loan agreement with Resources for Community Development (RCD) for a $128,126 loan which was authorized by City Council Resolution No. 55,859-N.S. for acquisition and rehabilitation of the property, and the June 1991 loan was amended in December 1991 to increase the amount by $150,000 for a total loan of $278,126 ("1991 Rehab Loan"), to complete the rehabilitation of the property authorized by City Council Resolution No. 56,211-N.S.; and WHEREAS, Resources for Community Development (RCD) has operated Martin Luther King Jr. (MLK) House since 1991, providing permanent housing for very low-income, formerly homeless individuals; and
WHEREAS, on June 1, 2017, the City entered into a new loan agreement replacing the1991 Rehab Loan with a loan equal to the outstanding principal on the 1991 Rehab Loan, forgiving the accrued interest and reducing the interest rate to 0% and an approximate 30-year term to make the new loan co-terminus with the original regulatory agreement (City Council Resolution No. 67,480-N.S.); and WHEREAS, on December 14, 2021, by Resolution No. 70,135-N.S., the City Council approved a funding reservation of $1,178,974 to support the renovation of MLK House; and
WHEREAS, because the current residents who reside in MLK House require a higher level of services and property management that is no longer compatible with RCD’s operations, RCD intends to transfer the property to a new owner and operator experienced in providing permanent supportive housing; and WHEREAS, under the City’s existing development loan agreement, RCD must obtain approval of the transfer of property; and
WHEREAS, on July 19, 2023, as authorized by Resolution 70,872-N.S., the City issued a Request for Proposals for selection of a new owner/operator for MLK House and received three proposals; and

WHEREAS, on November 2 2023, the Housing Advisory Commission recommended Council approval to transfer MLK House to Insight Housing, including an assumption of RCD’s obligations under the existing City loan, an extension of the existing reservation of $1,178,974 for MLK House, and an additional reservation of $822,014; and WHEREAS, the Housing Advisory Commission’s motion included recommendations to waive certain sections of the HTF Guidelines in order to fund Insight Housing.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council approves the transfer of MLK House from RCD to Insight Housing, including an assumption of the obligations under the City’s existing loan and regulatory agreements for the project; and
BE IT FURTHER RESOLVED by the Council of the City of Berkeley that the Council approves extending the existing reservation of $1,178,974 and a new reservation of $822,014 in HTF funds for MLK House and making those funds available to Insight Housing as the new owner/operator; and
BE IT FURTHER RESOLVED that the Council of the City of Berkeley waives the requirements of Section I.A.1 of the HTF Guidelines and approves Insight Housing as an eligible owner/operator of MLK House with demonstrated capacity, though Insight Housing has not completed the number of projects required by the developer eligibility criteria; and
BE IT FURTHER RESOLVED that the Council of the City of Berkeley waives the requirements of Section IV.C.1 of the HTF Guidelines and approves and approves HTF funds in excess of 40%, due to the unique nature of the MLK House project and challenges securing alternative funding for renovations of this scale; and BE IT FURTHER RESOLVED that funds shall be reserved for a period of no more than 24 months from the date of this Resolution, contingent on Insight Housing obtaining all required City approvals and securing commitments for project funding that the City Manager or her designee deems sufficient within the reservation period; and BE IT FURTHER RESOLVED that the funding reservation is conditioned upon the completion of the environmental review process, except as authorized by 24 CFR, Part 58, and that should HOME and/or CDBG funds constitute a portion of the funding for any project, a final commitment of HOME and/or CDBG funds shall occur only upon the satisfactory completion of the appropriate level of environmental review and also upon the receipt of approval of the request for release of funds and related certification from the U.S. Department of Housing and Urban Development, when applicable. The funding reservation for any of the HOME and/or CDBG funded projects is conditioned upon the City of Berkeley's determination to proceed with, modify, or cancel the project based on the results of subsequent environmental review under the National Environmental Policy Act; and

BE IT FURTHER RESOLVED that the making of the loan shall be contingent on and subject to such other appropriate terms and conditions as the City Manager or her designee may establish; and
BE IT FURTHER RESOLVED the City Manager, or her designee, is hereby authorized to execute all original or amended documents or agreements to effectuate this action; a signed copy of said documents, agreements and any amendments will be kept on file in the Office of City Clerk.

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

CONSENT CALENDAR
January 30, 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: Grant for 1741-1747 Russell Street

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her designee to redirect $95,625, the amount of transfer tax recently paid for 1741-1747 Russell Street, from the General Fund to Insight Housing (Insight) to support the renovation of the property.

FISCAL IMPACTS OF RECOMMENDATION
At the time of property acquisition in August 2023, Insight paid the property transfer taxes. The City’s General Fund would redirect $95,625 of revenue towards the rehabilitation of affordable supportive housing. The City would issue a check to Insight equal to the amount of transfer taxes paid to the City.

CURRENT SITUATION AND ITS EFFECTS
On October 25, 2023, Insight submitted a letter requesting a transfer tax refund related to their acquisition of 1741-1747 Russell Street, which provides supportive housing to low-income and formerly unhoused individuals. Insight purchased the property on August 29, 2023 with the support of a $4.5 million Housing Trust Fund (HTF) acquisition and rehabilitation loan.

Insight plans to rehabilitate and continue operating supportive housing and Board and Care beds at the project. Given the property’s significant rehabilitation needs, the project would benefit from the ability to use HTF loan funds for purposes other than the transfer tax. If the City gives the project a grant equal to the amount of the transfer taxes, Insight will use those funds for urgent repairs at the property.

BACKGROUND
On June 13, 2023, City Council awarded Insight a $4,500,000 loan to acquire and rehabilitate 1741-1747 Russell Street. The property consists of a 17-bed Board and Care and eight units of housing supported with Shelter Plus Care vouchers for 25 people with a disability or serious mental illness who are formerly unhoused or at risk of homelessness. Of the total loan, $4M went towards acquisition, leaving $500k for renovation. All of the site’s three buildings need significant repairs and system upgrades

Transfer Tax Refund for 1741-1747 Russell Street CONSENT CALENDAR January 30, 2024

due to their age and condition. The capital needs exceed the funds available, and while Insight is pursuing other funding opportunities, there are limited funding sources to support rehabilitation projects. The grant would have a measurable impact on the project’s scope. The City has supported Insight’s operation of Russell Street Residence since the nonprofit first leased the site and took over operations from a retiring private provider about twenty years ago.

City Council has approved grants equivalent to transfer tax paid on previous Housing Trust Fund and Small Sites Program projects. In 2021 and 2019, City Council approved grants equivalent to transfer tax for two Small Sites Program projects developed by Bay Area Community Land Trust. In 2014, City Council approved a such a grant to the David Brower Center and Resources for Community Development related to the Oxford Plaza development when a transfer to an RCD-affiliated entity for refinancing triggered the transfer tax.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no environmental sustainability effects directly associated with the recommendations in this report. Acquisition and rehabilitation projects like 1741-1747 Russell are generally considered a more sustainable type of development.

RATIONALE FOR RECOMMENDATION
The allocation of this funding will help preserve 25 units of critically-needed supportive affordable housing in the City of Berkeley, and support the investment the City has already made in the site and services there.

ALTERNATIVE ACTIONS CONSIDERED
No alternative actions considered.

CONTACT PERSON
Jenny Wyant, Senior Community Development Project Coordinator, HHCS, 510- 981-5228
Attachments:
1: Resolution

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

AUTHORIZING A $95,625 GRANT TO INSIGHT HOUSING TO SUPPORT THE RENOVATION OF 1741-1747 RUSSELL STREET
WHEREAS, Insight Housing purchased 1741-1747 Russell Street on August 29, 2023 and paid $95,625 in City transfer taxes; and
WHEREAS, Insight Housing operates the site as affordable supportive housing; and WHEREAS, on June 13, 2023 City Council adopted Resolution No. 70,890-N.S. awarding Insight Housing a Housing Trust Fund (HTF) loan to support the acquisition and renovation of the project; and
WHEREAS, a $95,625 grant would provide additional funding for the renovation.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Council authorizes the City Manager or her designee to redirect $95,625 from the General Fund to Insight Housing from transfer tax revenue to support the renovation of 1741-1747 Russell Street, and to take any actions required to deliver the funds.

Human Resources

CONSENT CALENDAR
January 30, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Farimah F. Brown, City Attorney
Submitted by: Aram Kouyoumdjian, Director of Human Resources Subject: At-Will Designations: Employee Relations Manager and Assistant to the City Attorney

RECOMMENDATION
Adopt (1) first reading of an Ordinance amending Berkeley Municipal Code Section

4.04.120(A) to designate the unrepresented classifications of Employee Relations Manager and Assistant to the City Attorney as at-will, and (2) a resolution authorizing amendments to the Unrepresented Employee Manual and all other pertinent documents to effectuate the change; approving a 5% salary differential for the Employee Relations Manager classification, to be set forth in the Unrepresented Employee Manual; and modifying the Employee Relations Manager job specification to state that the incumbent “may act as department head in the absence of the Director of Human Resources.”

FISCAL IMPACT
The recommendation will provide a 5% pay differential for the Employee Relations Manager classification – to be absorbed by the Human Resources Department via the General Fund.

CURRENT SITUATION AND ITS EFFECTS
The unrepresented classification of Employee Relations Manager is designated as career, even though the job responsibilities it sets forth include labor relations, a function that must necessarily align with policies and strategies espoused by the City Manager and City Council.

The unrepresented classification of Assistant to the City Attorney is designated as career, even though the job responsibilities revolve around administrative and analytical support for the City Attorney in a manner aligned with their work priorities and strategic plan. The classification of Assistant to the City Attorney was designed to mirror that of

At-Will Designations: Employee Relations Manager and CONSENT CALENDAR Assistant to the City Attorney January 30, 2024

Assistant to the City Manager, which is an at-will position; however, at a time of high vacancies in the Human Resources Department, the class was established without the intended exemption from career status.

BACKGROUND
These requests were considered by the Personnel Board at its meeting of January 8, 2024 and approved without opposition.

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

RATIONAL FOR RECOMMENDATION
The nature of the Employee Relations Manager and the Assistant to the City Attorney classifications – both of which are unrepresented – warrants their designation as at-will, given how aligned their work must be with the policies and strategies of the City executives they support.

The 5% differential for the Employee Relations Manager is necessitated by a competitive market for specialists in this particular area of HR.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Aram Kouyoumdjian, Director of Human Resources, (510) 981-6800 Farimah F. Brown, City Attorney, (510) 981-6950
Attachments:
1: Ordinance
2: Resolution

At-Will Designations: Employee Relations Manager and CONSENT CALENDAR Assistant to the City Attorney January 30, 2024

ORDINANCE NO. ##,###-N.S.

AMENDING BERKELEY MUNICIPAL CODE CHAPTER 4.04 TO UPDATE SECTION

4.04.120 EXEMPTIONS FROM CAREER SERVICE (AT-WILL EMPLOYEES) BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That Section 4.04.120 of the Berkeley Municipal Code is amended to read as follows:

4.04.120 Exemption from career service (At-will employees).

The provisions of this chapter shall apply to all positions in the service of the City except:

A. The City Manager, Assistant City Manager, Deputy City Manager, Assistant to the City Manager, Assistant to the City Attorney, Police Review Commission Officer, Police Review Commission Investigator, Budget Manager, Assistant to the Mayor, Capital Improvement Programs Manager, Economic Development Manager, and Legislative Assistant, and Employee Relations Manager;
B. Assistant, Associate and Senior Management Analyst when appointed to the City Manager’s Department or to the budget unit of the Management and Administrative Services Agency; and Secretary to the Mayor, Administrative Secretary and Secretary when appointed to the Mayor’s office;
C. All department heads, health officer, and supervising psychiatrist; D. Persons employed seasonally in the summer camps;
E. Persons employed as reserve or emergency employees during the period of national emergency as provided in the ordinance creating such employment; F. All persons who are paid at an hourly rate with the exception of library aides.

Persons appointed as hourly library aides shall be part of the career service with the exception of those hired to fill temporary positions of six months or less. Persons appointed to these positions which are exempt from the career service shall serve at the pleasure of the appointing authority and may be demoted, suspended, or otherwise rejected at any time without cause and without right of appeal or hearing in any manner.

Except that, any employee in the career service promoted or transferred to a position not included in the career service and made exempt from the career service shall be reinstated to their career appointment from which they were promoted or transferred if

At-Will Designations: Employee Relations Manager and CONSENT CALENDAR Assistant to the City Attorney January 30, 2024

within six months of appointment to a position not included in the career service, action is taken to dismiss them, unless charges are filed and the employee is discharged in accordance with this chapter and the rules established hereunder for positions in the career service. All employments designated in this section shall be entitled to only those benefits provided for at-will employees in the personnel rules and regulations or in applicable memoranda agreements.

Section 2. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

At-Will Designations: Employee Relations Manager and CONSENT CALENDAR Assistant to the City Attorney January 30, 2024

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

DESIGNATING THE UNREPRESENTED CLASSIFICATIONS OF EMPLOYEE

RELATIONS MANAGER AND ASSISTANT TO THE CITY ATTORNEY AS AT-WILL WHEREAS, the Human Resources Department maintains the Classification and Compensation plan for the City of Berkeley; and
WHEREAS, the unrepresented classification of Employee Relations Manager is designated as career, even though the job responsibilities it sets forth include labor relations, a function that must necessarily align with policies and strategies espoused by the City Manager and City Council; and
WHEREAS, the Employee Relations Manager classification poses recruitment challenges in a competitive labor market since it requires specialized knowledge; and WHEREAS, manager-level employees in the Human Resources Department may act as department head in the absence of the Director of Human Resources; and WHEREAS, the unrepresented classification of Assistant to the City Attorney is designated as career, even though the job responsibilities revolve around administrative and analytical support for the City Attorney in a manner aligned with their work priorities and strategic plan; and
WHEREAS, the Assistant to the City Attorney was designed to mirror that of Assistant to the City Manager, which is an at-will classification;
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that upon the effective date of the accompanying Ordinance amending Berkeley Municipal Code

4.04.120(A) to designate the unrepresented classifications of Employee Relations Manager and Assistant to the City Attorney as at will, the Unrepresented Employee Manual and all other pertinent documents shall be amended to effectuate the change; and
BE IT FURTHER RESOLVED that the Unrepresented Employee Manual be revised to allow a 5% salary differential for the Employee Relations Manager classification; and BE IT FURTHER RESOLVED that the job specification for Employee Relations Manager be amended to state that the incumbent “may act as department head in the absence of the Director of Human Resources.”

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 30, 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: Donation: Memorial Bench at Cesar Chavez Park in memory of Samuel Lepie Hallward

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 Samuel Lepie Hallward.

FISCAL IMPACTS OF RECOMMENDATION
The value of a single bench and memorial plaque is $3,400, which covers the purchasing and installation costs performed by the City. This cash donation will be deposited into Parks Fund donation revenue budget code 138-52-542-568-0000-000- 000-481110 and will be appropriated in FY 2024.

CURRENT SITUATION AND ITS EFFECTS
The family of Samuel Lepie Hallward wishes to donate a memorial bench in his memory to be placed at Cesar Chavez Park with a cash donation of $3,400. Per the City’s Park Bench Donation Policy, individuals may donate memorial benches to the City’s parks in selected locations, subject to the approval of the Director of the Parks Recreation & Waterfront Department, and pay for all associated costs, subject to Council disclosure and approval of the gift donation. The Director has determined that the proposed donation complies with the City’s Bench Donation Policy as described in Resolution No. 64,148-N.S. and has approved the donation, subject to Council approval.

BACKGROUND
Benches are placed throughout the City in accordance with the City’s Park Bench Donation Policy approved by Council on July 22, 2008 (Resolution No. 64,148-N.S.).

The City’s Open Governance Ordinance (OGO) requires City Council disclosure and approval of any gift to the City in excess of $1,000 (BMC Section 2.06.150, Ord. 7,166- N.S.)

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACT
The City’s vendor for benches, Dumor, Inc., makes its priority to purchase only sustainably-harvested wood derived from stringently-regulated timber source locations,

Donation: Memorial Bench at Cesar Chavez Park – Hallward Family CONSENT CALENDAR January 30, 2024

including California, Oregon, Washington and British Columbia. This policy reduces solid waste volumes in landfills, helps conserve natural resources and limits the environmental effects resulting from the extraction of virgin materials. The benches therefore comply with the City’s environmentally preferable purchasing policy, specifically section 3.7 Forest Conservation.

CONTACT PERSON
Bruce Pratt, Parks Superintendent, 510-981-6700
Attachments:
1: Resolution

RESOLUTION NO. -N.S.

DONATION: MEMORIAL BENCH AT CESAR CHAVEZ PARK IN MEMORY OF

SAMUEL LEPIE HALLWARD
WHEREAS, on July 22, 2008, Council adopted the Park Bench Donation Policy (Resolution No. 64,148-N.S.); and
WHEREAS, the City’s Open Governance Ordinance (OGO) requires City Council disclosure and approval of any gift to the City in excess of $1,000 (BMC Section 2.06.150, Ord. 7,166-N.S.); and
WHEREAS, the family of Samuel Lepie Hallward wishes to donate a memorial bench in his memory to be placed at Cesar Chavez Park with a cash donation of $3,400; and WHEREAS, per the City’s Park Bench Donation Policy, individuals may donate memorial benches to the City’s parks in selected locations, subject to the approval of the Director of the Parks Recreation & Waterfront Department, and pay for all associated costs, subject to Council disclosure and approval of the gift donation; and WHEREAS, the Director has determined that the proposed donation complies with City’s Bench Donation Policy as described in Resolution No. 64,148-N.S. and has approved the proposed donation; and
WHEREAS, the cash donation of $3,400 will be deposited into Marina Fund donation revenue budget code 138-52-542-568-0000-000-000-481110 and will be appropriated in FY 2023.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that a cash donation in the amount of $3,400 for a memorial bench to be placed at Cesar Chavez Park in memory of Samuel Lepie Hallward is hereby accepted.

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 30, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Jennifer Louis, Chief of Police
Subject: Contract No. 31900143 Amendment: Passport Labs Incorporated for a Parking Management System

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 31900143 and any necessary future amendments with Passport Labs Inc. to provide a Parking Management System for an additional two-year contract extension beyond the current contract expiration date of February 4, 2024, and to approve additional appropriations for the performance of this contract.

FISCAL IMPACTS OF RECOMMENDATION
City Council adopted Resolution No. 68,633-N.S. authorizing a five-year contract with Passport Labs Inc. for a total amount not to exceed $2.87 million. The fiscal impact to the Police Department Contract has been approximately $818,097 to date, with approximately $1,976,438 remaining in the contract. The Total Contract amount will not exceed $2.87 million by extending the term to a total of seven-years.

This contract is associated with a contra revenue account that absorbs the citation processing, permit and collection fees to support this contract. The projected annual fees to be absorbed by the contra revenue account over the next two years is $923,036.

Those fees fluctuate depending on the number of citations and permits that are issued, payments received, and delinquent citations being sought.

CURRENT SITUATION AND ITS EFFECTS
The City’s current contract with Passport Labs, Incorporated for parking citation management will expire February 4, 2024. In order to complete a new Parking Management System Request for Proposal (RFP), review and award, a contract term extension is necessary. The previous RFP required almost 12 months to bid, review, and award. Implementation may require six additional months to acquire necessary equipment and software set-up in the City of Berkeley Finance system to ensure robust reporting and multiple systems integration.

BACKGROUND

Contract #31900143 Amendment: Passport Labs Inc. for a Parking Management System CONSENT CALENDAR January 30, 2024

The Parking Management System RFP will require the development of contract specifications developed by the City of Berkeley, key stakeholders from Customer Service, Finance, Police, Public Works, and the Information Technology Departments.

In order to allow sufficient time to bid and award a new contract, a contract extension is necessary.

ENVIRONMENTAL SUSTAINABILITY
The current Parking Management System from Passport Labs. Inc. allows the ability for customers to purchase permits and make payments online which may result in reduced Green House Gas emissions from customers and residents. The PMS also utilizes electronic records, which may result in the reduction of paper and other resources.

RATIONALE FOR RECOMMENDATION
Without this contract, the City of Berkeley would not be able to continue the issuance, processing, and collection of parking violations occurring within the City of Berkeley.

This would also include the revenue generated for the City of Berkeley, as well as, generating revenue which supports City of Berkeley staff in various facets of the parking program.

The Passport Labs contract provides citation processing, collections services, and various customer service resources to support the City Parking Management System and the associated revenue to the City of Berkeley. This contract also assists in support of council directives to implement parking and enforcement programs in support of the expanded Citywide Residential Preferential Parking (RPP) Program, football and special event parking, and citation payment programs.

Passport’s Enforcement and Permitting platform allows the City of Berkeley staff mobile handheld ticket issuance, online citation payments, digital permitting, end to end citation processing and collections, and the industry’s most data-driven backend management software.

ALTERNATIVE ACTIONS CONSIDERED
Staff could let the contract expire but this would not allow the City of Berkeley to have the ability to support the Parking Management Program and capture the revenue generated to support city parking operations, including City of Berkeley staff costs reliant upon this revenue stream.

CONTACT PERSON
Jennifer Tate, Provisional Captain, Investigations Division, Police 981-5810 Attachments:
1: Resolution

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

CONTRACT #31900143 AMENDMENT: PASSPORT LABS INCORPORATED FOR A

PARKING MANAGEMENT SYSTEM
WHEREAS, the City of Berkeley issued contract #31900143 to Passport Labs Inc. for a Parking Management System beginning February 4, 2019 and expiring on February 4, 2024; and
WHEREAS, this original contract was authorized by the City Council of the City of Berkeley under resolution #68,633-N.S. for this five year and $2,870,000 contract; and WHEREAS, the existing contract expires on February 4, 2024, and the City of Berkeley needs a two-year extension to the current contract to allow time to develop, bid, and award a new contract; and
WHEREAS, this contract is associated with a contra revenue account where the estimated annual fees are $923,036; and
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a contract amendment and any future amendments with Passport Labs Inc. to provide a Parking Management System for a total not to exceed amount of $2.87 million and for an additional two-year term for a total of seven years.

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 30, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Andrew Murray, Interim Director Public Works Subject: Contract: CESCORP, dba Cal Elite Builders for Corp Yard City Fleet EV Charger Project. Specification No.23-11546-C

RECOMMENDATION
Adopt a Resolution:

1. Approving plans and specifications for the Corp Yard City Fleet EV Charger Project (Project)., Specification No. 23-11546-C;

2. Accepting the bid of CESCORP, dba Cal Elite Builders as the lowest responsive and responsible bidder; and

3. Authorizing the City Manager to execute a contract and any amendments, extensions, or other change orders until completion of the project in accordance with the approved plans and specifications, for an amount not to exceed $814,680.

FISCAL IMPACTS OF RECOMMENDATION
Funding for this project ($814,680) is available in the FY 2024 budget:
$ 814,680: Capital Improvement Fund
Low bid by CESCORP dba Cal Elite Builders.....$678,900
Contingency (20%) $135,780
Total Construction Cost $814,680
No other funding is required, and no other projects will be delayed due to this expenditure.

CURRENT SITUATION AND ITS EFFECTS
The Public Works Department is requesting the execution of a construction contract between the City and CESPORP, dba Cal Elite Builders & Cal Electric. This project includes the installation of a new PG&E service for ten (10) level 2 EV charging stations and one (1) level 3 EV charging station.

Over the years, the City has been decommissioning gasoline-engine vehicles and replacing them with new electric vehicles. The corporation yard currently does not have adequate charging infrastructure for the electric vehicles domiciled at this location. The

Contract: CESCORP dba Cal Elite Builders CONSENT CALENDAR for Corp Yard City Fleet EV Charger Project January 30, 2024

fleet is growing and will continue to grow until the City’s fleet is fully electric by 2030 as directed by Council.

This Project was advertised for bids on September 4, 2023, under Specification No. 23- 11546-C. Bids were opened on October 5, 2023. The City received seven (7) bids in the amounts ranging from $814,680 to $1,254,060. The lowest responsive and responsible bidder was determined to be, CESCORP, dba Cal Elite Builders. Therefore, Staff recommends that a construction contract for the Project be awarded to CESCORP dba Cal Elite Builders.

The provided services will support the Strategic Plan goals of creating a resilient, safe, connected, and prepared city and providing state-of-the-art, well-maintained facilities.

BACKGROUND
In July of 2020, the Department of Public Works presented its 2020 Municipal Fleet Electrification Assessment to the Council. This assessment, developed in response to a 2019 referral from requested by the Council, details the department’s action plan for the pursuit of a full electrification of the City’s municipal vehicle fleet by the year 2030.

Public Works’ report, and this recommendation, are primarily focused on the electrification of the 40% of Berkeley’s fleet that are light-duty vehicles.

While the pursuit of the full electrification of Berkeley’s light, medium, and heavy-duty vehicles remains limited by existing technologies, the City Council can and must prioritize the electrification of that portion of the fleet that is ready to be electrified. In order to meet its 2030 electrification goal and its broader climate goal to reach greenhouse gas emissions 80% below 2000 levels by 2050, the City of Berkeley has to make steady investments into the work of electrification.

Public Works is on track to complete conversion of the light duty fleet to EVs by 2028, two years ahead of the assessment’s schedule. The Corporation Yard is an especially important location because much of the City’s light duty fleet resides there, and without this charging infrastructure, EV conversion will slow dramatically.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The use of electric vehicles for the municipal fleet will significantly reduce the City’s greenhouse gas emissions. While the production of electric vehicles still results in some emissions, shifting away from fossil fuel-powered vehicles will nonetheless drastically advance the City’s climate goals.

RATIONALE FOR RECOMMENDATION
Contracted services are required for this project as the City does not have the in-house expertise to complete this specialized work.

ALTERNATIVE ACTIONS CONSIDERED
None.

Contract: CESCORP dba Cal Elite Builders CONSENT CALENDAR for Corp Yard City Fleet EV Charger Project January 30, 2024

CONTACT PERSON
Ronald Nevels, City Engineer, Department of Public Works, (510) 981-6439 Elmar Kapfer, Supervising Civil Engineer, Department of Public Works, (510) 981-6435 Attachments:
1: Resolution
2: Abstract of Bids

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

CONTRACT: CESCORP, DBA CAL ELITE BUILDERS FOR CORP YARD CITY FLEET EV CHARGER PROJECT. SPECIFICATION NO. 23-11546-C
WHEREAS, the Corporation Yard requires a new electric service for the installation of 10 level 2 chargers and 1 level 3 charger; and
WHEREAS, the project consists of site and electrical upgrades for the installation of City fleet EV chargers per Plans and Specifications No.23-11552-C; and WHEREAS, the City has neither the labor nor the equipment necessary to undertake this project; and
WHEREAS, an invitation for bids (Plans and Specifications No.23-11546-C) was duly advertised, and CESCORP, dba Cal Elite Builders was determined to be the lowest responsive and responsible bidder; and
WHEREAS, funds are available in the FY 2024 budget in the Capital Improvements Fund.

NOW THEREFORE, BE IT RESOLVED, that the Council of the City of Berkeley authorizes the City Manager to execute a contract and any amendments, extensions or change orders, until completion of the project in accordance with the approved plans and specifications with CESCORP, dba Cal Elite Builders for the Corp Yard City Fleet EV Charger Project in an amount not to exceed $814,680. A record signature copy of the agreement and any amendments will be on file in the Office of the City Clerk.

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

CONSENT CALENDAR
January 30, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Andrew Murray, Interim Public Works Director Subject: Contract: CESCORP, dba Cal Elite Builders & Cal Electric for the Central Library HVAC Replacement Project

RECOMMENDATION
Adopt a Resolution:

1. Approving plans and specifications for Central Library HVAC Replacement Project, Specification No.23-11600-C;

2. Accepting the bid of CESCORP, dba Cal Elite Builders & Cal Electric as the lowest responsive and responsible bidder; and

3. Authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications, for an amount not to exceed $1,566,000, which includes a contingency of $261,000.

FISCAL IMPACTS OF RECOMMENDATION
Funding for this project is fully programmed in the FY 2024 budget in the Library Tax Fund. Costs will be assigned Project Code LB2146.

All costs will be paid from the Library Tax Fund including amendments, extensions or other change orders until completion of the project.
 $1,566,000: ..................................Library Tax Fund Low bid by CESCORP, dba Cal Elite Builders & Cal Electric .....$1,305,000 20% Contingency $261,000
Total Construction Cost NTE $1,566,000
No other funding is required, and no other projects will be delayed due to this expenditure.

CURRENT SITUATION AND ITS EFFECTS
The Public Works Department, jointly with the Library, is requesting the execution of a construction contract between the City and CESPORP, dba Cal Elite Builders & Cal

Contract: CESCORP, dba Cal Elite Builders & Cal Electric CONSENT CALENDAR for Central Library HVAC Replacement Project January 30, 2024

Electric to replace the rooftop air conditioning units of the Central Library’s Bancroft building annex and Kittredge Branch.

The existing air conditioning units and control systems were first placed in service in 2002 and are at the end of their useful service life. The existing units require frequent maintenance and are increasingly breaking down, leading to uncomfortable conditions during warm weather. This project will replace all of the existing air conditioning units and several exhaust fans for both the Kittredge and Bancroft Branch libraries to provide a safer and more comfortable environment for Staff and patrons, which is consistent with the stakeholder feedback communicated through the Library’s 2023 Strategic Planning Process.

In September 2021, the City initiated redesign and replacement of the HVAC system with the Berkeley based architectural engineering firm Noll & Tam Architects leading up to the release on Tuesday, September 5, 2023, of RFP Specification No. 23-11600-C for the Central Library HVAC Replacement Project.

Bids were opened on Tuesday, October 10, 2023. The City received 2 bids ranging from $1,305,000 to $1,775,900. CESCORP dba Cal Elite Builders was the lowest responsive and responsible bidder and their references were provided and verified satisfactorily.

Staff recommends that a construction contract for the Central Library HVAC Replacement Project be awarded to CESCORP, dba Cal Elite Builders.

The project is in alignment with the City’s Strategic Plan, advancing our goal to provide state-of-the-art, well-maintained infrastructure, amenities, and facilities.

BACKGROUND
In April 2002, the Central Library completed a major renovation and earthquake retrofitting project financed by Measure S, a 1996 voter bond measure financing rehabilitation of the Library and other Civic Center improvements in the City’s downtown. Consequently, the Central Library enlarged its footprint with a new wing – the Bancroft building annex – allowing for expanded public service areas on two floors, a Community Meeting Room, and dedicated staff and administrative office areas. The HVAC system for the Central Library was last upgraded at this time.

In recent years, the aging HVAC system has increasingly struggled to maintain optimal climate control, resulting in frequent breakdowns and demanding extensive maintenance. These ongoing issues have caused discomfort for patrons and Staff due to temperature fluctuations, and have increased maintenance costs.

Public Works and Library Staff engaged the services of an architectural firm to begin evaluating replacement of the existing HVAC system in September 2021. The project will replace six rooftop air conditioning units, rooftop exhaust fans, ducting, and related electrical and roofing work.

Contract: CESCORP, dba Cal Elite Builders & Cal Electric CONSENT CALENDAR for Central Library HVAC Replacement Project January 30, 2024

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The new HVAC equipment and controls will comply with the latest energy efficiency standards and reduce energy use. There are no anticipated negative environmental effects of this action.

RATIONALE FOR RECOMMENDATION
Contracted services are required for this project as the City does not have the in-house expertise to complete this specialized work.

ALTERNATIVE ACTIONS CONSIDERED
None. Keeping equipment longer than its useful life results in higher maintenance costs and excessive downtimes in order to keep operating in a safe and serviceable manner.

CONTACT PERSON
Ronald Nevels, Manager of Engineering, Department of Public Works (510) 981-6439 Elmar Kapfer, Supervising Civil Engineer, Department of Public Works (510) 981-6435 Titus Chen, Associate Civil Engineer, Department of Public Works (510) 981-6410 Tess Mayer, Director of Library Services, Berkeley Public Library (510) 981-6195 Attachments:
1: Resolution
2: Abstract of Bids

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

CONTRACT: CESCORP, DBA CAL ELITE BUILDERS & CAL ELECTRIC FOR THE

CENTRAL LIBRARY HVAC REPLACEMENT PROJECT
WHEREAS, the existing HVAC system, first placed in service in 2002 at Central Library’s Bancroft building annex and Kittredge Branch, located at 2090 Kittredge Street, has reached the end of its useful service life.; and WHEREAS, the City has neither the labor nor the equipment necessary to undertake this repair project; and
WHEREAS, an invitation for bids (Plans and Specifications No. 23-11600-C) was duly advertised, and CESCORP, dba Cal Elite Builders & Cal Electric was determined to be the lowest responsive and responsible bidder; and
WHEREAS, funds are programmed in the FY 2024 budget in the Library Tax Fund.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that Plans and Specification No. 23-11600-C for the Central Library HVAC Replacement Project are approved, and CESCORP, dba Cal Elite Builders & Cal Electric is determined to be the lowest responsive and responsible bidder.

BE IT FURTHER RESOLVED that the Council of the City of Berkeley authorizes the City Manager to execute a contract and any amendments, extensions or change orders, until completion of the project in accordance with the approved plans and specifications with CESCORP, dba Cal Elite Builders & Cal Electric for the Central Library HVAC Replacement Project at 2090 Kittredge Street, in an amount not to exceed $1,566,000.

A record signature copy of the agreement and any amendments will be on file in the Office of the City Clerk.

10/20/2023
10/10/2023

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 30, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Andrew Murray, Interim Public Works Director Subject: Contracts: On-Call Construction and Project Management Services:

Hollins Consulting, Inc., Kitchell/CEM, Inc., and O’Connor Construction Management, Inc.

RECOMMENDATION
Adopt three Resolutions authorizing the City Manager to execute contracts and any amendments with the following firms for on-call construction management and project management services (CM/PM) for capital improvement projects, each for the period of January 1, 2024 through June 30, 2025:

1. Hollins Consulting, Inc. (Hollins), for an amount not to exceed $2,800,000.

2. Kitchell/CEM, Inc. (Kitchell), for an amount not to exceed $2,800,000.

3. O’Connor Construction Management, Inc. (OCMI), for an amount not to exceed $2,800,000.

FISCAL IMPACTS OF RECOMMENDATION
Initial funding for the on-call contracts is available in the Fiscal Year (FY) 2024 through 2025 budget, as follows:

Fund Amount
511 (T1) $7,200,000
501 (Capital Improvements) $1,200,000
Funding for FY 2025 is subject to appropriation in future fiscal years’ capital improvement budget and will be identified as projects arise.

CURRENT SITUATION AND ITS EFFECTS
Over the next several years, the Engineering Division of the Public Works Department and the Parks, Recreation, and Waterfront Department are expecting significantly increased workloads, resulting from deferred maintenance, on-going capital projects, and T1 projects. The first T1 phase will include design or construction of over twenty facility projects during the next three years. For buildings maintained by the Public Works Department and the Parks, Recreation, and Waterfront Department, the CM/PM consultants will support staff to complete projects as needed.

Contracts: On-Call Construction and Project Management Services CONSENT CALENDAR January 30, 2024
The City has used CM/PM consultants in the past to supplement City staff. The CM/PM services may cover all project phases including planning, design, and construction management services during construction. The consultant may serve as the City’s project manager during planning and design or serve as the construction manager during construction.

Awarding these CM/PM consultant contracts is consistent with the City’s Strategic Plan, advancing our goal to provide state-of-the-art, well-maintained infrastructure, amenities, and facilities.

BACKGROUND
Requests for Qualifications (RFQ) were issued on April 18, 2023, (Specification No. 23- 11581-C) seeking qualified firms or individuals to provide on-call project and construction management services for capital improvement projects.

On May 23, 2023, the City received 11 proposals from construction and project management firms, which were evaluated by a review panel consisting of City staff in the Public Works Department Engineering Division and Parks, Recreation & Waterfront Department Capital Division. Hollins, Kitchell, and OCMI were determined to be the best qualified to meet the City’s needs. All three firms demonstrated exceptional experience and ability in delivering projects similar in scope to the City’s upcoming capital projects.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The capital improvement projects that the awarded CM/PM consultants will be tasked to manage are consistent with the City’s goals to increase energy and water efficiency.

There are no anticipated negative environmental or climate impacts from these CM/PM consultant contracts.

RATIONALE FOR RECOMMENDATION
Hollins, Kitchell, and OCMI have particular expertise in CM/PM support. They were the top three ranked firms and are the best qualified to meet the City’s needs.

City staff recommends awarding a contract to all three consultants to get the best value for the City, because it will distribute the anticipated workload, create an alternative source for services, and secure more competitive proposals.

City staff have previously worked with CM/PM consultants when anticipated workloads exceeded staff capacity.

ALTERNATIVE ACTIONS CONSIDERED
No alternative actions were considered. The City needs assistance from project and construction management services firms to complete required work. CM/PM support will be critical to complete T1 projects within the established time frame.

CONTACT PERSON
Ronald Nevels, City Engineer, Public Works, (510) 981-6439 Elmar Kapfer, Supervising Civil Engineer Public Works, (510) 981-6435 Titus Chen, Associate Civil Engineer Public Works, (510) 981-6410

Contracts: On-Call Construction and Project Management Services CONSENT CALENDAR January 30, 2024
Attachments:
1: Resolution: Contract with Hollins Consulting, Inc.
2: Resolution: Contract with Kitchell/CEM, Inc.
3: Resolution: Contract with O’Connor Construction Management, Inc.

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

CONTRACT: HOLLINS CONSULTING, INC. FOR ON-CALL CONSTRUCTION AND

PROJECT MANAGEMENT (CM/PM) SERVICES FOR CAPITAL IMPROVEMENT

PROJECTS
WHEREAS, on April 18, 2023 the City released a Request for Qualifications (Specification No. 23-11581-C) seeking firms or individuals to provide on-call CM/PM services for capital improvement projects; and
WHEREAS, on May 23, 2023, the City received 11 submissions, which were reviewed and rated; and
WHEREAS, the submission from Hollins Consulting, Inc. has been found to be fully qualified and responsive to the City’s request; and
WHEREAS, funding will be identified and requested for appropriation as projects arise; and
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to approve a contract and any amendments with Hollins Consulting, Inc. for on-call construction and project management services for capital improvement projects for the contract period of January 1, 2024 through June 30, 2025 in an amount not to exceed $2,800,000. A record signature copy of said contract and any amendments to be on file in the Office of the City Clerk.

RESOLUTION NO.:-N.S.

CONTRACT: KITCHELL/CEM, INC. FOR ON-CALL CONSTRUCTION AND PROJECT

MANAGEMENT (CM/PM) SERVICES FOR CAPITAL IMPROVEMENT PROJECTS WHEREAS, on April 18, 2023 the City released a Request for Qualifications (Specification No. 23-11581-C) seeking firms or individuals to provide on-call CM/PM services for capital improvement projects; and
WHEREAS, on May 23, 2023, the City received 11 submissions, which were reviewed and rated; and
WHEREAS, the submission from Kitchell/CEM, Inc. has been found to be fully qualified and responsive to the City’s request; and
WHEREAS, funding will be identified and requested for appropriation as projects arise; and
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to approve a contract and any amendments with Kitchell/CEM, Inc. for on-call construction and project management services for capital improvement projects for the contract period of January 1, 2024 through June 30, 2025 in an amount not to exceed $2,800,000. A record signature copy of said contract and any amendments to be on file in the Office of the City Clerk.

RESOLUTION NO.:-N.S.

CONTRACT: O’CONNOR CONSTRUCTION MANAGEMENT, INC. CONSULTING FOR

ON-CALL CONSTRUCTION AND PROJECT MANAGEMENT (CM/PM) SERVICES FOR

CAPITAL IMPROVEMENT PROJECTS
WHEREAS, on April 18, 2023 the City released a Request for Qualifications (Specification No. 23-11581-C) seeking firms or individuals to provide on-call CM/PM services for capital improvement projects; and
WHEREAS, on May 23, 2023, the City received 11 submissions, which were reviewed and rated; and
WHEREAS, the submission from O’Connor Construction Management, Inc. has been found to be fully qualified and responsive to the City’s request; and WHEREAS, funding will be identified and requested for appropriation as projects arise; and
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to approve a contract and any amendments O’Connor Construction Management, Inc. for on-call construction and project management services for capital improvement projects for the contract period of January 1, 2024 through June 30, 2025 in an amount not to exceed $2,800,000. A record signature copy of said contract and any amendments to 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 30, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Andrew Murray, Interim Director Public Works Subject: Contract: Shaw Industries, Inc. for Civic Center Building Carpet Replacement Project

RECOMMENDATION
Adopt a Resolution:

1. Pursuant to City Charter Article XI Section 67.2 requirements, accepting the California Multiple Award Schedule (CMAS) bid procedures;

2. Approving the CMAS Contract with Shaw Industries, Inc. for Carpet Replacements at the Civic Center Building;

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 terms and conditions of the agreements with Shaw Industries, Inc. in an amount not to exceed $311,348, which includes a contingency of $29,045.

FISCAL IMPACTS OF RECOMMENDATION
Funding for this carpet replacement project is available in the Fiscal Year 2024 Facilities Capital Improvement Program (CIP) budget from the Capital Improvement Fund (501).

Cost:

Carpet Replacement $ 282,303
Contingency $ 29,045
Total Cost $ 311,348
FY 2024 Funding:

Capital Improvements Fund $311,348
Total Construction Cost $311,348

CURRENT SITUATION AND ITS EFFECTS
Existing floor carpets at the Civic Center Building, located at 2180 Milvia Street, are in need of replacement on the first floor (City Clerk Dept.) and on the Second floor (Environmental Health and Housing Departments). Most of the carpets are very old and have surpassed their typical life expectancy of twenty years.

Contract: Shaw Industries Inc. CONSENT CALENDAR
Civic Center Building Carpet Replacement Project January 30, 2024

Shaw Industries, Inc. was selected through the California Multiple Award Schedule (CMAS) bid procedure. This allows the City to procure a contractor that was previously selected through the State of California bidding process. All pricing, products and/or services offered to the State of California through this system are made available to the City. Making use of this process results in cost savings and expedites contractor selection.

The provided services will support the Strategic Plan goals of creating a resilient, safe, connected, and prepared city and providing state-of-the-art, well-maintained facilities.

BACKGROUND
The existing broadloom carpets in the Civic Center Building are over twenty years old and need replacement. There are numerous locations throughout the building, where carpet failures are visible, including crushed carpeting padding, seam failures, heavy staining, and other deficiencies that are typical of a carpet that has exceeded its useful life.

In 2015, the City developed technical specifications for carpet tiles to be used in City owned buildings. The specifications have been used for several past projects, including the Public Safety Building Carpet Replacement Project in 2017 and the Civic Center Carpet Replacement in 2020. The carpet tiles proved to be a well-received, low- maintenance, and less expensive to install than non-tile carpets.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The proposed product meets criteria established in the specifications, which is in accordance with the sustainable resolutions and ordinances administered by the City’s Office of Energy and Sustainable Development, the City’s Revised General Plan, the City’s Climate Action Plan, and CalGreen. The project will replace the existing carpet with PVC free carpet tiles that are 100% recyclable.

RATIONALE FOR RECOMMENDATION
Contracted services are required for this project as the City does not have the in-house expertise to complete this specialized work. Shaw Industries, Inc. provided a cost- effective price, complying with the City’s carpet specifications.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Ronald Nevels, Manager of Engineering, Public Works Department (510) 981-6439 Elmar Kapfer, Supervising Civil Engineer, Public Works Department(510) 981-6435 Attachments:
1: Resolution

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

CONTRACT: SHAW INDUSTRIES, INC. FOR THE CIVIC CENTER BUILDING

CARPET REPLACEMENT PROJECT
WHEREAS, the existing broadroom carpeting in the Civic Center Building is in need of replacement; and
WHEREAS, the City has neither the labor nor the equipment necessary to undertake this renovation project; and
WHEREAS, City Charter Article XI Section 67.2 allows the City to purchase goods without undergoing a competitive bid process when using pricing obtained by the State of California through a competitive process; and
WHEREAS, the California Multiple Award Schedule (CMAS) is available to state and local governments; and
WHEREAS, the California Department of General Service Procurement Division determined Shaw Industries, Inc.’s bid pricing to be fair and reasonable and awarded CMAS Contract No. 4-20-00-0125B; and
WHEREAS, funds are available in the FY 2024 Budget in the Capital Improvement Fund (501).

NOW THEREFORE, BE IT RESOLVED that the Council of the City of Berkeley authorizes the City Manager to execute a contract and any amendments, extensions, or change orders until completion of the project in accordance with the terms and conditions of the agreement with Shaw Industries, Inc. for the carpet replacement project at the Civic Center Building, in an amount not to exceed $311,348; which includes an authorized contingency of $29,045. A record signature copy of the agreement and any amendments to be on file in the office of the City Clerk.

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

CONSENT CALENDAR
January 30, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Andrew Murray, Interim Public Works Director Subject: Contract No. 108007-1 Amendment: Don’s Tire Services, Inc. for Tire Repair Services for City Fleet Vehicles

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 108007-1 with Don’s Tire Services, Inc. for repair and replacement services for automobile and truck tires for City of Berkeley fleet vehicles in the amount of $650,000 for a total not-to-exceed amount of $1,073,534 and extend the contract through the June 30, 2025.

FISCAL IMPACTS OF RECOMMENDATION
Funding for this contract amendment in the amount of $300,000 is available in the FY 2024 Equipment Maintenance Fund 672. Additional funding will be made available and appropriated as needed in future fiscal year budgets.

CURRENT SITUATION AND ITS EFFECTS
The Equipment Maintenance Division of the Public Works Department needs additional spending authority in Contract No. 108007-1 to pay for ongoing tire repair and replacement services for automobile and truck tires. The spending limit authorized by Council (Resolution No. 70,434-N.S) has been reached. Amending the contract supports the Strategic Plan Priority Project of advancing our goal of creating a resilient, safe, connected, and prepared city.

BACKGROUND
On May 14, 2015, Public Works released a Request for Proposals (RFP specification no. 15-10942-C) for tire repair service. Two proposals were received, Equipment Maintenance and General Services staff reviewed the proposals and determined Don’s Tire Service, Inc. was the most responsive and responsible proposer that met the specifications.

Don’s Tire Services, Inc. provides a wide variety of tire services including heavy-duty tire balancing and installations, road tire service, and service of our undercover Police vehicles. In addition, they are able to supply tires in an emergency if the City’s other

Contract No. 108007-1 Amendment: Don’s Tire Services, Inc. CONSENT CALENDAR for Tire Repair Services for City of Berkeley Fleet Vehicles January 30, 2024

contracted vendor, Bruce’s Tires, is unable to. This redundancy is critical to support emergency vehicles and our Zero Waste Division.

Don’s Tire Services, Inc. is located within the City and has provided cost-effective and reliable automobile and truck tire repair and replacement services for City fleet vehicles since September 2015.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Don’s Tire Services, Inc. eliminates tire and parts waste by following Environmental Protection Agency guidelines to properly dispose of and recycle used and scrap tires, waste oil, oil filters, and old wheel weights, in keeping with the City of Berkeley’s Zero Waste goal.

RATIONALE FOR RECOMMENDATION
Don’s Tire Services, Inc. has provided quality services under the terms of their agreement and is needed to ensure the City’s fleet vehicles are serviced in a timely fashion should the other contracted vendor be unable to provide immediate service.

Additionally, they are a Berkeley-based business located in close proximity to the City’s heavy-duty maintenance shop at the Transfer Station.

ALTERNATIVE ACTIONS CONSIDERED
None. In the next year, the Equipment Maintenance Division will be conducting a competitive solicitation for a longer-term contract for tire repair services for City Fleet vehicles.

CONTACT PERSON
Greg Ellington, Equipment Superintendent, Public Works, (510) 981-6469 Joy Brown, Operations Manager, Public Works, (510) 981-6629 Attachment:
1: Resolution

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

CONTRACT NO. 108007-1 AMENDMENT: DON’S TIRE SERVICES, INC. FOR TIRE

REPAIR SERVICES FOR CITY FLEET VEHICLES
WHEREAS, On September 15, 2015, the Council adopted Resolution No. 67,196-N.S., authorizing repair services for automobile and truck tires for City fleet vehicles, and WHEREAS, on November 17, 2020, the Council adopted Resolution No. 69,613-N.S. to extend the contract and increase the spending authority to $273,534; and WHEREAS, on June 28, 2022, the Council adopted Resolution No. 70,434-N.S. to extend the contract and increase the spending authority to $423,534; and WHEREAS, the authorizing spending authority and term of the contract has reached its limit; and
WHEREAS, the specialized services for Don’s Tires are needed to support the City’s fleet and emergency response, and is a Berkeley based business; and WHEREAS, Funding for this contract amendment in the amount of $300,000 is currently available in the FY 2024 Equipment Maintenance Fund 672 and future funding will be appropriated in future fiscal year budgets.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute an amendment to Contract No. 108007-1 with Don’s Tire Services to execute a Waiver of Competitive Solicitation and increase the contract amount by $650,000 for a new total not to exceed of amount of $1,073,534 and extend the contract through the 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: https://berkeleyca.gov/

CONSENT CALENDAR
January 30, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Andrew Murray, Interim Director, Public Works Subject: Lease Agreement: We Wield The Hammer at 2440 Durant Avenue in the Telegraph-Channing Mall and Garage

RECOMMENDATION
Adopt first reading of an Ordinance authorizing the City Manager to execute a lease agreement with We Wield The Hammer (WWTH), a 501c3 nonprofit organization to use and occupy 2440 Durant Avenue inside the Telegraph-Channing Mall and Garage for a five (5) year lease term with an option to extend for one additional five (5) year term.

The initial lease term is anticipated to begin March 1, 2024.

FISCAL IMPACTS OF RECOMMENDATION
The lease agreement anticipates total revenue of $62,615 for the initial five (5) year term for the premises consisting of 620 square feet of retail space and use of building common areas including the tenant only restrooms and trash and recycling room in Telegraph-Channing Mall and Garage located at 2431 Channing Way, Berkeley, California, 94704. The initial monthly price per square foot is $1.75 with an annual adjustment of 3% beginning the second year of the lease.

The City agrees to abate the rent for the six months following the lease commencement date. This abatement totals $6,510 in savings for the proposed tenant in support of completing permanent improvements to the leased space. The tenant will be responsible for payment of all PG&E charges associated with the meter serving 2440 Durant from the commencement date of the lease. Revenue will be deposited into the Off-Street Parking Fund Revenue Account.

CURRENT SITUATION AND ITS EFFECTS
2440 Durant Avenue is one of fifteen storefronts located on the ground floor of Telegraph-Channing Mall and Garage (“TCM”). 2440 Durant Avenue has been vacant since the permanent closing of Joy’s Sportswear, a Cal gear store, in February 2020.

One month after its closing was the start of the COVID-19 Shelter in Place Order. Only one business in TCM, The Postal Annex, met the criteria to stay open during this time.

At the beginning of 2023, Public Works posted on its website and at the vacant storefront that applications for tenancy were being accepted with first review of

Lease Agreement: We Wield The Hammer CONSENT CALENDAR
January 30, 2024

applications to begin March 15, 2023. In addition to posting on the City website and at the storefront, emails and phone calls were sent to parties that asked to be contacted should a space become available. We Wield The Hammer was one of the organizations on that list. After careful review of submitted applications, We Wield The Hammer was offered tenancy and accepted it on August 31, 2023.

Public Works opted to continue to post the space as available until City Council approves the lease for execution by the City Manager. All inquiries since WWTH’s acceptance have been for restaurants that require cooking hoods and vents neither of which are available or possible in the 2440 Durant space. As a result, no additional applications for tenancy have been submitted.

BACKGROUND
Finding tenants for the Mall and setting an appropriate market rate price for the storefronts is challenging due to the building’s age, limited improvements since construction, and the limited access most spaces have to street frontages on Durant Avenue and Channing Way. By comparing the previous tenant’s base rent rate escalated by CPI increases (capped at 3% per year) over the last ten years to Cushman and Wakefield Market Beat Q4 2022 report on asking rents for Shopping Centers in this region it was determined that $1.75 per square foot per month was a fair base rent rate to for the space. That rate represents roughly a 25% discount from market rate and includes additional per square foot charge to cover common water service and zero waste services shared by all building tenants.

Building History and Condition
The building was built in 1960 with the last major improvement completed in 1997.

Pedestrian access to the garage is via elevators located at the center of the building.

Public passage ways from Durant Avenue and Channing Way lead to the building’s center and are open during the garage’s hours of operation (7 AM to midnight most days, 1 AM on Fridays and Saturdays). The passage ways are lined with storefronts with the option to stay open the same hours as the garage. Only two storefronts on Durant and three on Channing have direct access from the sidewalk and therefore can be open beyond the garage’s hours of operation. These five stores also have access to and use of porticos available for a range of uses if approved by the City (flower and plant sales, seating, etc.). Consequently, the five stores garner a high rent per square foot than most spaces near the buildings center. The building has no air conditioning and no heating system. Tenants may add and maintain heaters to their space at their own expense. The building was not constructed with exhaust and ventilation paths necessary for full-service restaurant stoves and hoods – the most requested space attribute from potential tenants.

Seismic upgrades completed in 1997 changed the building’s appearance by adding the now iconic red-orange steel girder supports on both the Durant and Channing facades

Lease Agreement: We Wield The Hammer CONSENT CALENDAR
January 30, 2024

of the building. Replacement of the elevators and renovation of the public restrooms are planned for FY2024-26. Staff anticipates some additional minor improvements including painting, new tenant signs and directories, and accessibility improvements but no major renovations that could attract a broader range of tenants and garner higher rent rates are anticipated. This combination of attributes and deficits prevents the City from charging true market rates enjoyed by other owners in the business district but does provide the opportunity for continued small business operation and development – one tenant opened in 1977 and several others started in the 1980s. Future leases anticipated to come before City Council in 2024 for spaces fronting on Channing will be discounted roughly 20% below market rate while those without street frontage, like this lease, will be discounted roughly 25% below market rate as calculated by the City to adjust for the building’s attributes and deficits.

We Wield The Hammer
WWTH will operate a unique business with positive benefits for other Mall tenants, customers, and pedestrians. WWTH anticipates operating in the afternoons, evenings, and on the weekends. This is beneficial to the City because 2440 Durant is the storefront closest to the parking payment machines, elevators, and public restrooms - a business open at this location creates an increased sense of safety for garage customers and pedestrians.

The majority of businesses in the Mall are highly dependent on UC Berkeley students and find it challenging to meet financial goals during school breaks and holidays.

WWTH anticipates drawing a significant percentage of its customers from the larger San Francisco-East Bay Area and beyond. Other Mall tenants may benefit from exposure to this new customer base likely to spend, in some cases multiple days completing trainings, classes, and shopping.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no significant environmental sustainability impacts related to this action.

RATIONALE FOR RECOMMENDATION
WWTH is a unique nonprofit organization prioritizing teaching African-American women traditional metalsmithing skills in addition to offering metalsmithing and jewelry making classes and associated tools, equipment, books, and materials to all. Additionally, WWTH was the most financially qualified, responsive and proactive applicant for the space.

ALTERNATIVE ACTIONS CONSIDERED
Staff considered four other applicants seeking tenancy for 2440 Durant. One did not submit a complete application. Two submitted complete applications but either could not demonstrate financially readiness to complete the tenant improvements necessary for successful business startup and operation or wanted to run a business unsuitable for the location. One applicant withdrew consideration for the space once they determined

Lease Agreement: We Wield The Hammer CONSENT CALENDAR
January 30, 2024

it was too small to meet their needs. We Wield The Hammer was the only organization that met or exceeded financial criteria for tenancy and desiring to operate a business suited to the location.

CONTACT PERSON
Dionne Early, Community Development Project Coordinator, Public Works, (510) 981- 6453
Attachments:
1: Ordinance
Exhibit A: Lease Agreement

ORDINANCE NO. -N.S.

LEASE AGREEMENT: WE WIELD THE HAMMER AT TELEGRAPH-CHANNING MALL AND GARAGE, 2440 DURANT AVENUE
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. FINDINGS:

The City owns the Telegraph-Channing Mall and Garage, and We Wield The Hammer, a 501c3 nonprofit organization, seeks to lease 2440 Durant Avenue at the premises for purpose of operating a retail business offering specialized classes and related materials to the public.

Section 2. AUTHORIZATION FOR CITY MANAGER TO ENTER INTO LEASE AT 2440 Durant Avenue, Berkeley CA:

The City Manager is hereby authorized to enter into a five-year lease agreement with the option for a five-year extension with We Wield The Hammer for real property located at 2440 Durant Avenue, a ground floor retail space in the City of Berkeley Telegraph- Channing Mall and Garage. Such lease shall be on substantially the terms set forth in Exhibit A.

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 the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

Exhibits
A: Lease Agreement

TELEGRAPH-CHANNING MALL LEASE
This lease is made on __________________________, 2023, between the CITY OF BERKELEY ("Landlord"), a Charter City organized and existing under the laws of the State of California and We Wield The Hammer ("Tenant"), a 501c3 nonprofit organization, who agree as follows:

This Lease is made with reference to the following facts and objectives:

A. Landlord is the owner of the real property at 2440 Durant Avenue located inside Telegraph-Channing Mall & Garage, 2431 Channing Way, Berkeley, California 94704, ("Premises") as further described in Exhibit A, attached to and made a part of this Lease.

B. Tenant is willing to lease the Premises from Landlord pursuant to the provisions stated in this lease.

C. Tenant wishes to lease the Premises for the purpose of operating a metalsmithing training program and retail store.

D. Tenant has examined the Premises and is fully informed of the condition thereof and agrees to accept it in “as-is” condition.

1. DESCRIPTION OF PREMISES
Landlord leases to Tenant and Tenant leases from Landlord the Premises described above.

2. TERM
The term of this lease shall commence on the effective date of the Ordinance which authorizes this lease unless the Ordinance provides otherwise and shall be for a period of five (5) years plus the partial month, if any, immediately preceding the first full calendar month of this lease.

Tenant shall have an option to extend the term of this Lease for an additional period of five (5) years, pursuant to Section 35 of this Lease. The effective date of the Ordinance shall be no less than thirty (30) days after the second reading of the Ordinance and its approval by City Council.

The Term is further described in Exhibit B, attached to and made a part of this Lease.

3. RENT
Tenant shall pay to Landlord as monthly rent, without deduction, setoff, prior notice, or demand, the sum of $1,085.00 per month in advance on the first day of each month, commencing on the date the Term commences, and continuing during the Term. Monthly rent for the first month or portion of it shall be paid on the day the Term commences. Monthly rent

for any partial month shall be prorated at the rate of 1/30th of the monthly rent per day. All rent shall be paid to Landlord at the address to which notices to Landlord are given.

The City agrees to abate the rent for the six months following the lease commencement date.

Tenant will be responsible for all PG&E payments associated with 2440 Durant from the commencement date of the lease.

4. PERIODIC RENT INCREASES
The monthly rent shall be increased at the commencement of the second year of the Term and each year thereafter ("the adjustment date"). The adjusted monthly rent will be calculated by adding three percent (3%). Monthly rent increases based on the annual 3% adjustment have been calculated and are further described in Exhibit C, attached to and made a part of this Lease.

5. SECURITY DEPOSIT
a. As security for the full and faithful performance by Tenant of each and every term, provision, covenant, and condition of this lease, Tenant shall deposit with Landlord cash in an amount equal to one month's payment of rent. Such security shall be deposited on or before the effective date of the ordinance authorizing this lease. b. Tenant waives the provisions of California Civil Code section 1950.7, and all laws in force or that become in force after the date of execution of this Lease, that provide that Landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by Tenant, or to clean the Premises. c. If Tenant defaults in respect to any of the terms, provisions, covenants and conditions of this lease, including but not limited to the payment of rent, Landlord may use the security deposit or any portion of it to cure the default or compensate the Landlord for all damage sustained by Landlord resulting from Tenant's default. If Landlord so uses any portion of the security deposit, Tenant will restore the security deposit to its original amount within ten (10) days after written demand from Landlord.
d. Landlord will not be required to keep the security deposit separate from its own funds and Tenant shall not be entitled to interest on the security deposit. The security deposit will not be a limitation on Landlord's damages or other rights under this lease, or a payment of liquidated damages, or an advance payment of the rent. If Tenant pays the rent and performs all of its other obligations under this lease, Landlord shall return the unused portion of the security deposit to Tenant within sixty (60) days after the end of the term; however, if Landlord has evidence that the security deposit has been assigned to an assignee of the Tenant, Landlord shall return the security deposit to the assignee. Landlord may deliver the security deposit to a purchaser of the Premises and be discharged from further liability with respect to it. Tenant

waives the provisions of California Civil Code section 1950.7, and all laws in force or that become in force after the date of execution of this Lease, that provide that Landlord shall return the security deposit no later than thirty (30) days after the Landlord receives possession of the Premises.

6. LATE CHARGES
Tenant acknowledges that late payment by Tenant to Landlord of rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this lease, the exact amount of which will be extremely difficult to ascertain. Therefore, if any installment of rent or any other sum due from Tenant is not received by Landlord within ten (10) days after such amount is due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to ten percent (10%) of such overdue amount. The parties agree that this late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies available to it.

7. USE OF PREMISES; OPERATION
a. Tenant will use the Premises for the purpose of providing metalsmith training, jewelry making and metalsmith workshops, and selling related tools, supplies, branded gear, and other related items and agrees to continuously and uninterruptedly occupy and use the entire leased Premises for said purpose and to maintain adequate personnel for the efficient service of clients or customers. Tenant shall not use nor permit the use of the whole or any part of the Premises for any other purpose without the Landlord's prior written consent. b. Business may be conducted with the public on the leased Premises at any time on any day, provided that, 1) to do business after 10:00 p.m. on any day Tenant shall have obtained any permit required by federal, state or local law; and 2) Tenant hours of operation have been approved by the Landlord, including vacation, holiday, and seasonal schedule changes and/or closures (if any).
c. Tenant agrees to abide by all facility “Rules and Regulations” and are further described in Exhibit D, attached to and made a part of this Lease. Amendments to Exhibit D may be made from time to time and do not require approval by City Council. d. In addition to Tenant’s agreement to abide by all other restrictions on Tenant’s use, Tenant hereby covenants that it shall not use the demised premises to engage in either the primary business of a flower shop, which shall include engaging in the primary business of selling flowers, plants, or related supplies nor the primary business of a deli/sandwich shop, which shall include engaging in the primary business of selling made to order sandwiches.

Tenant agrees that any violation of these use restrictions shall constitute a default by Tenant

under this Lease, and that Landlord’s notice to Lessee of this specific use restriction shall not be deemed a waiver by Landlord of any other use restriction imposed on the Tenant for the use of the demised Premises.

8. TAXES AND ASSESSMENTS
a. Tenant recognizes and understands that this lease may create a possessory interest subject to property taxation and assessment and utility taxation, and that the Tenant will be responsible for the payment of any property taxes and assessments, and utility taxes levied on such interest.
b. Tenant shall pay all taxes on its personal property, fixtures and on its leasehold or possessory interest in the leased Premises and any other assessment that may be lawfully levied.

9. UTILITIES
Tenant agrees to pay any and all charges for electricity, gas, heat, cooling, telephone, internet services, sewer use, water, refuse collection and other utilities used in the Premises. Tenant is responsible for directly paying any and all charges associated with the dedicated Pacific Gas and Electric meter for the Premises.

10. MAINTENANCE AND REPAIR
a. Tenant is responsible for ensuring that the Premise meet all applicable City of Berkeley codes prior to occupancy under this lease.
b. Tenant shall keep and maintain in good order, condition and repair (except for reasonable wear and tear) all portions of the Premises including without limitation, all fixtures, interior walls, floors, ceilings, plumbing, glass, roof, heating, ventilating and sewage facilities serving the leased Premises, landscaping, and the sidewalk adjacent to the Premises. c. Tenant shall make all required repairs upon demand by Landlord. Failure to make such repairs within thirty (30) days of the Landlord's demand shall constitute a default by Tenant.

11. IMPROVEMENTS
a. Tenant shall not erect additions or structures nor make nor cause to be made any alterations, improvements, additions, or fixtures that affect the exterior or interior of the Premises, nor shall Tenant mark, paint, drill or in any way deface any floors, walls, ceilings, or partitions of the Premises without 1) first providing thirty (30) days' written notice to Landlord and 2) obtaining City of Berkeley Building Permits as required by the Berkeley Municipal Code

as it exists at the time of such improvements. Failure to notify the Landlord or failure to obtain Building Permits or meet other regulatory requirements shall constitute a default by Tenant. b. Tenant shall require all contractors to provide a labor and materials bond for the full amount of the contract. Tenant shall pay, when due, all sums of money that may be due or become due for any labor, services, materials, supplies or equipment furnished to or for Tenant, in, at, upon or about the leased Premises and which may be secured by any mechanic's, materialmen's or other lien against the Premises or Landlord's interest therein. c. All alterations, improvements or additions that are now or in the future attached permanently to the Premises shall be the property of Landlord and remain with the Premises at the termination of this lease, except that Landlord can elect within thirty (30) days of the termination of the lease to require Tenant, at its cost, to remove any alterations, improvements or additions Tenant has made to the Premises.

12. INDEMNIFICATION
Tenant shall indemnify, defend and hold Landlord, its officers, agents, volunteers and employees harmless from: 1) all claims of liability for any damage to property or injury or death to any person occurring in, on, or about the Premises; 2) all claims of liability arising out of Tenant's failure to perform any provision of this lease, or any act or omission by Tenant, its agents, contractors, invitees or employees; and 3) all damages, liability, fines, penalties, and any other consequences arising from any noncompliance or violation of any laws, ordinances, codes, or regulations, including but not limited to the Occupational Safety and Health Act of 1979 and the Americans with Disabilities Act of 1990. Except, however, that Landlord shall hold Tenant harmless from all claims of liability for damage resulting from the acts or omissions of Landlord or its authorized representatives.

13. INSURANCE
a. Tenant at its cost shall maintain public liability insurance with a single combined liability limit of $2,000,000 and property insurance against all risks of loss to any Tenant improvements or betterments, at full replacement cost with no coinsurance penalty provision insuring against all liability of Tenant and its authorized representatives arising out of and in connection with Tenant's use or occupancy of the Premises. All such insurance shall insure performance by Tenant of the preceding indemnity provisions. All insurance shall name the City of Berkeley, its officers, agents, volunteers and employees as additional insureds and shall provide primary coverage with respect to the City. b. If the insurance referred to above is written on a Claims Made Form, then following termination of this lease, coverage shall survive for a period of not less than five years.

Coverage shall also provide for a retroactive date of placement coinciding with the effective date of this lease.

c. Tenant at its cost shall maintain on all its personal property, Tenant's improvements, and alterations, in on, or about the Premises, a policy of standard fire and extended coverage insurance, with vandalism and malicious mischief endorsements. This coverage shall be considered primary, and the proceeds from any such policy shall be used by Tenant for the replacement of personal property or the restoration of Tenant's improvements or alterations.
d. If Tenant employs any person, it shall carry workers' compensation and employer's liability insurance and shall provide a certificate of insurance to the Landlord. The workers' compensation insurance shall: provide that the insurance carrier shall not cancel, terminate, or otherwise modify the terms and conditions of said insurance except upon thirty (30) days prior written notice to the Landlord; provide for a waiver of any right of subrogation against Landlord to the extent permitted by law; and be approved as to form and sufficiency by the Landlord's Risk Manager.
e. Tenant shall forward all insurance documents to: Real Property Administrator, Department of Public Works, Property Management 1947 Center Street, Fifth Floor, Suite 521 Berkeley, California, 94704.

14. COMPLIANCE WITH LAW AND SAFETY
a. Tenant shall observe and comply with all applicable laws, ordinances, codes and regulations of governmental agencies, including federal, state, municipal and local governing bodies having jurisdiction over any or all of the Tenant's activities, including all provisions of the Occupational Safety and Health Act of 1979 and all amendments thereto, and all applicable federal, state, municipal, and local safety regulations. All Tenant's activities must be in accordance with these laws, ordinances, codes, and regulations. b. If a death, serious personal injury, or substantial property damage occurs in, on, or about the Premises, Tenant shall immediately notify the Landlord's Risk Management Office by telephone. If any accident occurs on the Premises, Tenant shall promptly submit a written report to Landlord, in such form as Landlord may require. This report shall include the following information: 1) name and address of the injured or deceased person(s), (2) name and address of Tenant's contractor, if any, (3) name and address of Tenant's liability insurance carrier, and (4) a detailed description of the accident. c. Tenant shall report all existing hazardous materials handled at the site and any hazardous wastes generated at the site to the Toxics Management Division (TMD) on an annual basis and abide by all requirements of the TMD and other state and local environmental agencies. Upon release of hazardous materials or hazardous waste at the property or adjacent to the property, Tenant shall immediately notify the City of Berkeley Toxics Management Division.

If the release is significant, the Tenant must report it to the 911 and the Office of Emergency Services.

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

16. REQUIRED ACCESSIBILITY DISCLOSURE
a. Landlord hereby advises Tenant that the Premises and Improvements have not undergone an inspection by a certified access specialist, and except to the extent expressly set forth in this Ground Lease, Landlord shall have no liability or responsibility to make any repairs or modifications to the Premises or the Project in order to comply with accessibility standards.

The following disclosure is hereby made pursuant to applicable California law:
b. “A Certified Access Specialist (CASp) can inspect the subject Premises and determine whether the subject Premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject Premises, the commercial property owner or Landlord may not prohibit the lessee or Tenant from obtaining a CASp inspection of the subject Premises for the occupancy or potential occupancy of the lessee or Tenant, if requested by the lessee or Tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the Premises.” [Cal. Civ.

Code Section 1938(e)]. Any CASp inspection shall be conducted in compliance with reasonable rules in effect at the Premises with regard to such inspections and shall be subject to Landlord’s prior written consent.

17. CITY NON-DISCRIMINATION ORDINANCE
Tenant agrees to comply with the provisions of Berkeley Municipal Code Chapter

13.26 as amended from time to time. In the performance of this lease, the Tenant agrees as follows:
a. The Tenant shall not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, national origin, age (over 40), sex, pregnancy, marital status, disability, sexual orientation or AIDS. b. The Tenant shall permit the Landlord access to records of employment advertisements, application forms, EEO-1 forms, affirmative action plans and any other documents which, in the opinion of the Landlord, are necessary to monitor compliance with this non-discrimination provision, and will, in addition, fill-out in a timely fashion, forms supplied by the Landlord to monitor these non-discrimination provisions.

18. NUCLEAR FREE BERKELEY
Tenant agrees to comply with Berkeley Municipal Code Chapter 12.90, the Nuclear Free Berkeley Act, as amended from time to time.

19. OPPRESSIVE STATES
a. In accordance with Resolution No. 59,853-N.S., Tenant certifies that it has no contractual relations with, and agrees during the term of this Lease to forego contractual relations to provide personal services to or to purchase, sell, lease or distribute commodities in the conduct of business with, the following entities:
(1) The governing regime in any Oppressive State.
(2) Any business or corporation organized under the authority of the governing regime of any Oppressive State.
(3) Any individual, firm, partnership, corporation, association, or any other commercial organization, and including parent-entities and wholly-owned subsidiaries (to the extent that their operations are related to the purpose of its contract with the City), for the express purpose of assisting in business operations or trading with any public or private entity located in any Oppressive State.
b. For purposes of this lease, the Tibet Autonomous Region and the provinces of Ado, Kham, and U-Tsang shall be deemed oppressive states. c. Tenant’s failure to comply with this section shall constitute a default of this lease and Landlord may terminate this lease pursuant to Section 29. In the event that the City terminates this lease due to a default under this provision, City may deem Tenant a non-

responsible bidder for five (5) years from the date this lease is terminated.

20. BERKELEY LIVING WAGE ORDINANCE
a. Tenant agrees to comply with Berkeley Municipal Code Chapter 13.27, the Berkeley Living Wage Ordinance. If Tenant employs six (6) or more part-time, full-time or stipend employees, and generates $350,000 or more in annual gross receipts, Tenant will be required to provide all eligible employees with City mandated minimum compensation during the term of this lease, as defined in B.M.C. Chapter 13.27, and well as comply with the terms enumerated herein.
b. Tenant shall be required to maintain all reasonable records and documents that would establish whether Tenant is subject to Berkeley's Living Wage Ordinance (LWO). If Tenant is subject to the LWO, as defined therein, Tenant shall be further required to maintain monthly records of those employees located on the leased Premises. These records shall include the total number of hours worked, the number of hours spent providing service on the leased property, the hourly rate paid, and the amount paid by Tenant for health benefits, if any, for each of its employees providing services under the lease. The records described in this Section shall be made available upon the City's request. The failure to produce these records upon demand shall be considered a default, subject to the provisions contained in sections 28 and 29 herein.

c. If Tenant is subject to the LWO, Tenant shall include the requirements of the ordinance, as defined in B.M.C. Chapter 13.27, in any and all subleases in which Tenant enters with regard to the subject Premises. Sub-Tenants shall be required to comply with this ordinance with regard to any employees who spend 25% or more of their compensated time on the leased property.
d. If Tenant fails to comply with the requirements of this the LWO and this lease, the City shall have the rights and remedies described in this Section, in addition to any rights and remedies provided by law or equity.

Tenant's failure to comply with this Section shall constitute default of the lease, upon which City may terminate this lease pursuant to Section 29.

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

21. BERKELEY EQUAL BENEFITS ORDINANCE
a. Tenant hereby agrees to comply with the provisions of the Berkeley Equal Benefits Ordinance, B.M.C. Chapter 13.29. If Tenant is currently subject to the Berkeley Equal Benefits Ordinance, Tenant will be required to provide all eligible employees with City mandated equal benefits during the term of this lease, as defined in B.M.C. Chapter 13.29, as well as comply with the terms enumerated herein.
b. If Tenant is currently or becomes subject to the Berkeley Equal Benefits Ordinance, Tenant agrees to supply the City with any records the City deems necessary to determine compliance with this provision. Failure to do so shall be a considered a default, subject to the provisions of Sections 28 and 29 of this lease. c. If Tenant fails to comply with the requirements of this Section, City shall have the rights and remedies described in this Section, in addition to any rights and remedies provided by law or equity.

Tenant’s failure to comply with this Section shall constitute default of the lease, upon which City may terminate this lease pursuant to Section 29.

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

22. SANCTUARY CITY CONTRACTING ORDINANCE

Tenant hereby agrees to comply with the provisions of the Sanctuary City Contracting Ordinance, B.M.C. Chapter 13.105. In accordance with this Chapter, Tenant agrees not to provide the U.S.

Immigration and Customs Enforcement Division of the United States Department of Homeland Security with any Data Broker or Extreme Vetting Services as defined herein:
a. “Data Broker” means either of the following: (1) The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies; (2) the aggregation of data that was collected for another purpose from that for which it is ultimately used.

b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services. Extreme Vetting does not include: (1) The City’s computer-network health and performance tools; (2) Cybersecurity capabilities, technologies and systems used by the City of Berkeley Department of Information Technology to predict, monitor for, prevent, and protect technology infrastructure and systems owned and operated by the City of Berkeley from potential cybersecurity events and cyber-forensic based investigations and prosecutions of illegal computer-based activity.

23. CONFLICT OF INTEREST PROHIBITED
a. In accordance with California Government Code Section 1090, Berkeley City Charter Section 36 and B.M.C. Chapter 3.64, neither Tenant nor any employee, officer, director, partner or member of Tenant, or immediate family member of any of the preceding, shall have served as an elected officer, an employee, or a committee or commission member of Landlord, who has directly or indirectly influenced the making of this Lease. b. In accordance with California Government Code Section 1090 and the Political Reform Act, (Government Code Section 87100 et seq.,) no person who is a director, officer, partner, trustee, employee or consultant of Tenant, or immediate family member of any of the preceding, shall make or participate in a decision made by Landlord or any of its boards, commissions or committees, if it is reasonable foreseeable that the decision will have a material effect on any source of income, investment or interest in real property of that person or Tenant, except to the extent permitted by 2 California Code of Regulations, Section 18700(c)(2). c. Interpretation of this paragraph shall be governed by the definitions and provisions use in the Political Reform Act, Government Code section 87100 et seq., its implementing regulations, manuals and codes, Government Code section 1090, Berkeley City Charter section 36 and B.M.C. Chapter 3.64, as amended from time to time.

24. PESTICIDES
All use of pesticides on the Premises shall be in compliance with the City of Berkeley's Pesticide Use Policy as it exists at the time of such use.

25. SIGNS
Tenant shall not install or letter any signs on the Premises without the prior written consent of Landlord. All signs on the Premises shall conform to the provisions of Berkeley Municipal Code Chapter 20.04.

26. DAMAGE OR DESTRUCTION

If the Premises are totally or partially destroyed from any cause, rendering the Premises totally or partially inaccessible or unusable, Landlord may elect to terminate this lease or continue this lease in effect by giving notice to Tenant within thirty (30) days of the date of destruction. If Landlord elects to continue this lease in full force and effect, then Landlord shall restore the Premises and the rent shall be abated, from the date of destruction until the date restoration is completed, in an amount proportionate to the extent to which the destruction interferes with Tenant's use of the Premises. If Landlord fails to give notice of its decision to terminate or continue this lease within the period stated, Tenant may elect to terminate this lease.

Tenant waives the provisions of Civil Code sections 1932(2) and 1933(4) with respect to any destruction of the Premises.

27. EMINENT DOMAIN
If the whole or any portion of the Premises is taken by any paramount public authority under the power of eminent domain, then the rights and obligations of the parties shall be determined as follows: If the Premises are totally taken by condemnation, this lease shall terminate on the date of taking. If any portion of the Premises is taken by condemnation, Tenant shall have the right to either terminate this lease or to continue in possession of the remainder of the Premises under the terms of this lease. Such right to terminate must be exercised by notifying Landlord within thirty (30) days after possession of the part taken by eminent domain.

If Tenant does not terminate this lease within the thirty (30) day period, this lease shall remain in full force and effect except that the fixed rent shall be reduced in the same proportion that the square footage of the Premises taken bears to the square footage of the Premises immediately before the taking. All damages awarded for such taking shall belong to and be the property of Landlord; provided, however, that Landlord shall not be entitled to any portion of the award made for loss of business and of business installations or improvements made by Tenant in accordance with this lease.

28. DEFAULT BY TENANT
a. The occurrence of any of the following shall constitute a default by Tenant:

1. Failure to pay rent when due, if the failure continues for 10 days after notice has been given to Tenant.

2. Abandonment and vacation of the Premises (failure to occupy and operate the Premises for 14 consecutive days shall be deemed an abandonment and vacation).

3. Failure to perform any other provision of this lease if the failure to perform is not cured within 30 days after notice has been given to Tenant. If the default cannot reasonably be cured within 30 days, Tenant shall not be in default of this lease if Tenant commences to cure the default within the 30-day period and diligently and in good faith continues to cure the default.

b. Notices given under this paragraph shall specify the alleged default and the applicable lease provisions, and shall demand that Tenant perform the provisions of this lease or pay the rent that is in arrears, as the case may be, within the applicable period of time, or quit the Premises. No such notice shall be deemed a forfeiture or a termination of this lease unless Landlord so elects in the notice. The purpose of the notice requirements set forth in this section is to extend the notice requirements of the unlawful detainer statutes of California.

29. LANDLORD'S REMEDIES
Landlord shall have the following remedies if Tenant commits a default. These remedies are not exclusive; they are cumulative in addition to any remedies now or later allowed by law.
a. Tenant’s Right to Possession Not Terminated. Landlord can continue this lease in full force and effect, and the lease will continue in effect as long as Landlord does not terminate Tenant's right to possession, and Landlord shall have the right to collect rent when due.

During the period Tenant is in default, Landlord can enter the Premises and relet them, or any part of them, to third parties for Tenant's account. Tenant shall be liable immediately to Landlord for all costs Landlord incurs in reletting the Premises. Reletting can be for a period shorter or longer than the remaining term of this lease. Tenant shall pay to Landlord the rent due under this lease on the dates the rent is due, less the rent Landlord receives from any reletting.

No act by Landlord allowed by this paragraph shall terminate this lease unless Landlord notifies Tenant that Landlord elects to terminate this lease. After Tenant's default and for as long as Landlord does not terminate Tenant's right to possession of the Premises, Tenant shall have the right to assign or sublet its interest in this lease if Tenant obtains Landlord's consent, but Tenant shall not be released from liability.

If Landlord elects to relet the Premises as provided in this paragraph, rent that Landlord receives from reletting shall be applied to the payment of: first, any indebtedness from Tenant to Landlord other than rent due from Tenant; second, all costs, including for maintenance, incurred by Landlord in reletting; third, rent due and unpaid under this lease. After deducting the payments referred to in this paragraph, any sum remaining from the rent Landlord receives from reletting shall be held by Landlord and applied in payment of future rent as rent becomes due under this lease. In no event shall Tenant be entitled to any excess rent received by Landlord. If, on the date rent is due under this lease, the rent received from the reletting is less than the rent due on that date, Tenant shall pay to Landlord, in addition to the remaining rent due, all costs, including for maintenance, Landlord incurred in reletting that remain after applying the rent received from the reletting as provided in this paragraph. b. Termination of Tenant's Right to Possession. Landlord can terminate Tenant's right to possession of the Premises at any time. No act by Landlord other than giving notice to Tenant shall terminate this lease. Acts of maintenance, efforts to relet the Premises, or the

appointment of a receiver on Landlord's initiative to protect Landlord's interest under this lease shall not constitute a termination of Tenant's right to possession. On termination, Landlord has the right to recover from Tenant:
i. The worth, at the time of award, of the unpaid rent that had been earned at the time of termination of this lease;
ii. The worth, at the time of award, of the amount by which the unpaid rent that would have been earned after the date of termination of this lease until the time of award exceeds the amount of the loss of rent that Tenant proves could have been reasonably avoided;
iii. The worth, at the time of award, of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of the loss of rent that Tenant proves could have been reasonably avoided; and
iv. Any other amount, and court costs, necessary to compensate Landlord for all detriment proximately caused by Tenant's default. "The worth, at the time of award," as used in i and ii of this section, is to be computed by allowing interest at the maximum rate an individual is permitted by law to charge. "The worth, at the time of award," as referred to in iii of this section, is to be computed by discounting the amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus 1%.
c. Appointment of Receiver. If Tenant is in default of this lease Landlord shall have the right to have a receiver appointed to collect rent and conduct Tenant's business. Neither the filing of a petition for the appointment of a receiver nor the appointment itself shall constitute an election by Landlord to terminate this lease.
d. Landlord’s Right to Cure. Landlord, at any time after Tenant commits a default, can cure the default at Tenant's cost. If Landlord at any time, by reason of Tenant's default, pays any sum or does any act that requires the payment of any sum, the sum paid by Landlord shall be due immediately from Tenant to Landlord at the time the sum is paid, and if paid at a later date shall bear interest at the maximum rate an individual is permitted by law to charge from the date the sum is paid by Landlord until Landlord is reimbursed by Tenant. The sum, together with interest on it, shall be additional rent.

30. ASSIGNMENT AND SUBLETTING
Tenant shall not voluntarily assign or encumber its interest in this lease or in the Premises, or sublease all or any part of the Premises, or allow any other person or entity (except Tenant's authorized representative) to occupy or use all or any part of the Premises, without first

obtaining Landlord's consent. Any assignments, encumbrance, or sublease without Landlord's consent shall be voidable and, at Landlord's election, shall constitute a default. No consent to any assignment, encumbrance, or sublease shall constitute a further waiver of the provisions of this paragraph.

31. ENTRY
Landlord and its authorized representatives shall have the right to enter the Premises at all reasonable times for any of the following purposes: to determine whether the Premises are in good condition and whether Tenant is complying with its obligations under the lease; to do any acts that may be necessary to protect Landlord's interest in the Premises; or to perform Landlord's duties under this lease. Landlord shall not be liable in any manner for any inconvenience, disturbance, loss of business, nuisance, or other damage arising out of Landlord's entry on the Premises as provided in this section, except damage resulting from the acts or omissions of Landlord or its authorized representatives.

32. NOTICES
A written notice is deemed served when a party sends the notice in an envelope addressed to the other party to this lease and deposits it with the U.S. Postal Service, registered mail, postage prepaid. For purposes of this lease, notices shall be addressed as follows, as appropriate:

To the Landlord: Real Property
Department of Public Works
1947 Center Street, Fifth Floor, Suite 521
Berkeley, CA 94704
Additionally, please email a PDF of the document to
[email protected]
To the Tenant: Prior to Lease Approval:

We Wield The Hammer
PO BOX 16088
Oakland, CA 94610
After Lease Approval:

We Wield The Hammer
2440 Durant Avenue
Berkeley, CA 94704

33. WAIVER

No delay or omission in the exercise of any right or remedy of Landlord on any default by Tenant shall impair such a right or remedy or be construed as a waiver. The receipt and acceptance by Landlord of delinquent rent shall not constitute a waiver of any other default; it shall constitute only a waiver of timely payment for the particular rent payment involved. Any waiver by Landlord of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of the lease.

No act or conduct of Landlord, including, without limitation, the acceptance of the keys to the Premises, shall constitute an acceptance of the surrender of the Premises by Tenant before the expiration of the term. Only a notice from Landlord to Tenant shall constitute acceptance of the surrender of the Premises and accomplish a termination of the lease.

Landlord's consent to or approval of any act by Tenant requiring Landlord's consent or approval shall not be deemed to waive or render unnecessary Landlord's consent to or approval of any subsequent act by Tenant.

34. EXCUSABLE DELAYS
If the performance of any act required of Landlord or Tenant is prevented or delayed by reason of strikes, lockouts, labor disputes, act of God, acts of the public enemy, fire, floods, epidemics, freight embargoes or other cause beyond the control of the party required to perform an act, the performance of such act shall be excused for the period of the delay and the period for the performance of such act shall be extended for thirty (30) days.

35. OPTION TO RENEW
a. Option Period. So long as Tenant is not in default under this lease, either at the time of exercise or at the time the extended term commences, Tenant will have the option to extend the initial term of this lease for an additional period of five (5) years (the "option period") on the same terms, covenants, and conditions of this lease, except that the initial monthly rent and yearly rent increases during the option period will be determined as described below. In order to exercise this option, Tenant must give written notice of its election to do so to Landlord at least 180 days, but not more than one year, prior to the expiration date of the initial lease term.

Tenant shall have no other right to extend the term beyond the option period. b. Option Period Monthly Rent. For the purposes of this section, the "then-fair market rental value of the Premises" means what a Landlord under no compulsion to lease the Premises and a Tenant under no compulsion to lease the Premises would determine as rents (including initial monthly rent and rental increases) for the option period, as of its commencement, taking into consideration the uses permitted under this lease, the quality, size, design and location of the Premises, and the rent for comparable buildings located in the vicinity of the Premises. Except, however, that the initial monthly rent and yearly rent increases for the

option period shall not be less than that provided during the initial lease term.

36. HOLDING OVER
If Tenant remains in possession of the Premises with Landlord's consent after the expiration of the term of this lease without having exercised any option to renew this lease, or after the termination of any such option period, such possession by Tenant shall be construed to be a tenancy from month-to-month, terminable on thirty (30) days' notice given at any time by either party. All provisions of this lease, except those pertaining to term, shall apply to the month-to-month tenancy.

37. SURRENDER OF PREMISES, REMOVAL OF PERSONAL PROPERTY At the termination of this lease, Tenant shall: 1) give up and surrender the Premises, in as good state and condition as reasonable use and wear and tear thereof will permit, damage by fire and the elements excepted; and 2) remove all property which is not a fixture of or permanent attachment to the Premises and which is owned and was installed by Tenant during the term of this lease.

38. TERMS BINDING ON SUCCESSORS
All the terms, covenants and conditions of this lease shall inure to the benefit of and be binding upon the successors and assigns of the parties to this lease. The provisions of this section shall not be deemed as a waiver of any of the conditions against assignment set forth above.

39. TIME OF ESSENCE
Time shall be of the essence of each provision of this lease.

40. COVENANTS AND CONDITIONS
Each term and each provision of this lease performable by Tenant shall be construed to be both a covenant and condition.

41. GOVERNING LAW
The laws of the State of California shall govern this lease.

42. ENTIRE AGREEMENT, AMENDMENTS
This lease and all exhibits attached and any documents expressly incorporated by reference contain the entire agreement between the parties regarding the lease of the Premises

described herein and shall supersede any and all prior agreements, oral or written, between the parties regarding the lease of these Premises. This lease cannot be altered or otherwise modified except by a written amendment.

43. CONSENT OF PARTIES
Whenever consent or approval of either party is required, that party shall not unreasonably withhold such consent or approval.

44. BUSINESS LICENSE
Tenant certifies that it has obtained or applied for a City of Berkeley business license number as required by Berkeley Municipal Code Chapter 9.04; or Tenant claims that it is exempt from the provisions of B.M.C. Ch. 9.04 and has written below the specific B.M.C. section under which it is exempt.
/// ///

IN WITNESS WHEREOF, Landlord and Tenant have executed this lease as of the date written on the first paragraph of this lease.

LANDLORD

CITY OF BERKELEY
By:

City Manager
Registered on behalf
of the City Auditor by:

Finance Department

THIS CONTRACT HAS BEEN

APPROVED AS TO FORM BY

THE CITY ATTORNEY FOR

THE CITY OF BERKELEY
09/2022
Attest by:

City Clerk
TENANT
By:

Printed Name: Karen Smith
Title:

Executive Director, We Wield
The Hammer
Berkeley Business
License No.:

Exhibit A

PREMISES

Physical (Legal) Address: 2431 Channing Way, Berkeley, CA 94704 Garage (and Commonly Used) Address: 2450 Durant Avenue, Berkeley, CA 94704 We Wield The Hammer
2440 Durant Avenue

Exhibit B

AGREEMENT SPECIFYING TERM OF LEASE
Attached to and made part of the Lease dated the ______ day of ____________________, 20____, by and between the CITY OF BERKELEY, a municipal corporation, as Landlord, and WE WIELD THE HAMMER, A 501c3 NONPROFIT ORGANIZATION as Tenant ("Tenant").

Landlord and Tenant do hereby confirm and acknowledge the following dates:
a. Lease Commencement Date is ________________________[DATE MUST BE AT LEAST 30 DAYS AFTER APPROVAL OF ORDINANCE]
b. Rent Commencement Date is __________________________[DATE] c. Expiration Date of the initial term of the Lease is _______________DATE], subject to extension as provided in the Lease.

This Agreement shall be binding on the parties hereto, their successor and assigns and all subtenants of Tenant and any other party claiming under or through Tenant. The Lease is in full force and effect as of the date hereof in accordance with its terms, and Tenant is in possession of the Premises. Landlord has fulfilled all of its obligations under the Lease that were required to be fulfilled by Landlord on or prior to the Rent Commencement Date and Tenant has no claim or right of set-off against any Rent (as defined in the Lease) under the Lease.

This Agreement was entered into as of the ______ day of ____________________, 20____.

ATTEST/WITNESS: LANDLORD:

CITY OF BERKELEY, a municipal corporation
By: _____________________________________
Its: City Manager
By: ______________________________________________
Its: City Attorney
By: ______________________________________________
Its: City Auditor
ATTEST/WITNESS: TENANT:

WE WIELD THE HAMMER
a 501c3 NON-PROFIT ORGANIZATION
By: _____________________________________

KAREN SMITH

Exhibit C

PAYMENTS
RENT PAYMENT SCHEDULE: We Weld the Hammer 2440 Durant@TCM YEAR 1 2 3 4 5
MARCH 1 1,085.00$ 1,117.55$ 1,151.08$ 1,185.61$ 1,221.18$ APRIL 2 1,085.00$ 1,117.55$ 1,151.08$ 1,185.61$ 1,221.18$ MAY 3 1,085.00$ 1,117.55$ 1,151.08$ 1,185.61$ 1,221.18$ JUNE 4 1,085.00$ 1,117.55$ 1,151.08$ 1,185.61$ 1,221.18$ JULY 5 1,085.00$ 1,117.55$ 1,151.08$ 1,185.61$ 1,221.18$ AUGUST 6 1,085.00$ 1,117.55$ 1,151.08$ 1,185.61$ 1,221.18$ SEPTEMBER 7 1,085.00$ 1,117.55$ 1,151.08$ 1,185.61$ 1,221.18$ OCTOBER 8 1,085.00$ 1,117.55$ 1,151.08$ 1,185.61$ 1,221.18$ NOVEMBER 9 1,085.00$ 1,117.55$ 1,151.08$ 1,185.61$ 1,221.18$ DECEMBER 10 1,085.00$ 1,117.55$ 1,151.08$ 1,185.61$ 1,221.18$ JANUARY 11 1,085.00$ 1,117.55$ 1,151.08$ 1,185.61$ 1,221.18$ FEBRUARY 12 1,085.00$ 1,117.55$ 1,151.08$ 1,185.61$ 1,221.18$ ANNUAL TOTAL: 13,020.00$ 13,410.60$ 13,812.92$ 14,227.31$ 14,654.12$ 6 MONTH RENT ABATEMENT: (6,510.00)$
INITIAL TERM TOTAL: 62,614.95$
PREMISES AREA (SQFT):

MONTHLY RATE PER SQFT:

INITIAL MONTHLY RENT:

ANNUAL INCREASE:

LEASE START DATE:

INITIAL TERM:

INITIAL TERM TERMINATION DATE:

NOTIFY LANDLORD FOR OPTION BY:

OPTION START DATE:

OPTION TERM:

OPTION TERMINATION DATE:

February 28, 2029
September 1, 2028
December 1, 2028
60 MONTHS
November 30, 2033
60 MONTHS
620

1.75$
1,085.00$

3.00%
March 1, 2024

Exhibit D

RULES, RESTRICTIONS AND PROHIBITED USES
Tenant shall not use or permit the use of the Premises for any other business or purpose, except as set forth in this Lease and in strict accordance with the Rules and Regulations. No part of the Premises shall be used in a way that endangers the health or safety of any user of the Premises.

THESE PROHIBITIONS AND RESTRICTIONS SHALL NOT BE DEEMED TO APPLY TO LANDLORD, BUT ONLY TO TENANT UNDER THIS LEASE. Landlord shall have the right, in Landlord's sole and absolute discretion, to waive all or any of the prohibitions set forth herein upon such matters, terms and conditions as Landlord, in its sole discretion, may determine.

RULES AND REGULATIONS FOR TELEGRAPH-CHANNING MALL
All Tenants of Telegraph-Channing Mall (“TCM”) shall comply with the following Rules and Regulations. Landlord shall not be responsible to Tenant for the failure of any other tenant or occupant of the building to comply with any of these Rules and Regulations:

1. Smoking is prohibited at TCM and Garage in accordance with Berkeley Municipal Code (“BMC”) 12.70.030, Locations Where Smoking Is Prohibited. Tenant, Tenant’s employees/volunteers, invitees, clients, guests, and other occupants shall abide by this Code. “No Smoking” signs are posted by Landlord. Tenant shall abide by and support the enforcement of this regulation prohibiting smoking in all public places, including but not limited to restaurants, public restrooms, business establishments, and parking garages.

2. No pets are allowed on the premises, Building, or Property unless such animal is designated as a “service animal” and licensed with the City of Berkeley. Every dog over the age of six months must be licensed and must wear the license (BMC 10.04.030). Special tags for service animals may be obtained from Alameda County Animal Control at (925) 803-7046.

3. Tenant restrooms are exclusively for the use of Tenants, their employees/volunteers, and customers. Public restrooms, located directly across from the elevators, are available for use by all other visitors, parking garage customers, and the general public.

4. No sign, placard, picture, name, advertisement, or notice visible from the exterior of the premises will be inscribed, painted, affixed, or otherwise displayed by Tenant on any part of the mall or parking structure without the prior written consent of Landlord. The Landlord will adopt and furnish to the tenant general guidelines relating to signs inside TCM. The tenant agrees to comply with those guidelines. All approved signs or lettering on doors will be printed, painted, affixed, or inscribed at the expense of the tenant by a person approved in writing by the Landlord. Material visible outside TCM will not be permitted.

5. The Directory of TCM (if any) will be provided for the display of the name and location of Tenants, and Landlord reserves the right to exclude any other names from the directory. Any additional name that the tenant desires to place upon the directory must be first approved by

Landlord, and, if so approved, a charge will be made for the additional name or name change.

6. Tenant shall display the days and hours of operation for their business. The days and hours of operation posted must match those shown in their Lease and/or approved by the Landlord. Tenant shall notify the Landlord in writing stating the reason (vacation, holiday or other observances, etc.,) and the start and end date of any and all closures or deviations from the posted hours of operation exceeding two (2) calendar days.

7. Tenant shall assume all responsibility for protecting the premises from theft, robbery, pilferage, vandalism, damage, or waste, including keeping doors locked and keep other means of entry to the premises closed, and turning off all water faucets, water apparatus, and utilities when needed or necessary. Tenant shall be responsible for any waste in or damage to the premises or any injuries sustained by other Tenants or occupants of TCM or Landlord for Tenant's negligent or willful acts or omissions in protecting the premises as set forth herein.

8. Landlord may waive any one or more of these Rules and Regulations for the benefit of any particular Tenant or Tenants, but no waiver by Landlord shall be construed as a waiver of those Rules and Regulations in favor of any other Tenant or Tenants, nor prevent Landlord from enforcing any of those Rules and Regulations against any or all of the Tenants of TCM. Any waiver of these Rules and Regulations by the Landlord shall be done in writing.

9. Landlord reserves the right at any time to change or rescind any one or more of these Rules and Regulations or to make any additional reasonable Rules and Regulations that, in Landlord's judgment, may be necessary for:

A. The management, safety, care, and cleanliness of the Premises, Building, and Real Property; B.

The preservation of good order; and
C. The convenience of other occupants and Tenants in the Premises, Building, and Real Property.

10. No store merchandise and/or displays shall be placed in TCM’s main corridor/paseo, arcade, or light well, nor block the path of travel within any part of TCM at any time. No events, classes, conferences, demonstrations, celebrations, or other gatherings shall occur in TCM’s corridor, porticos, trash room, or light well.

The following are optional coversheets for Exhibits that may be included in a lease or license agreement:

Exhibit E

TENANT IMPROVEMENTS
[THIS CAN BE A LIST OF IMPROVEMENTS REQUIRED IN THE LEASE THAT MUST BE COMPLETED BY THE TENANT AT THE TENANT’S EXPENSE.]

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

CONSENT CALENDAR
January 30, 2024
To: Members of the City Council
From: Mayor Jesse Arreguín
Subject: City Council Committee and Regional Body Appointments

RECOMMENDATION
Adopt a Resolution approving the appointment of Council representatives to City Council Standing Policy Committees, Partnership Committees, Regional Bodies and Liaisons to City Boards and Commissions for a term ending on January 31, 2025 or until new appointments are made.

BACKGROUND
There are a number of City Council appointments to various Partnership Committees, Regional Bodies and Liaisons to City Boards and Commissions. Every two years after the General Municipal Election, the Mayor makes recommendations on new Council representatives to these committees.

The Berkeley City Council Rules of Procedure and Order also require the Mayor to recommend and the full Council approve appointments to Standing Council Policy Committees by January 31st of each year.

Given the recent resignation of former City Councilmember Rigel Robinson, other changes to committee appointments need to be made. Some seats will be left vacant until the new District 7 Councilmember is seated after the special election.

FINANCIAL IMPLICATIONS
None

ENVIRONMENTAL SUSTAINABILITY
No identifiable environmental effects from taking this action

CONTACT PERSON
Mayor Jesse Arreguín 510-981-7100
Attachments:
1: Resolution

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

APPROVING APPOINTMENTS TO STANDING CITY COUNCIL POLICY

COMMITTEES, PARTNERSHIP COMMITTEES, LIASIONS TO BOARDS AND

COMMISSIONS AND REGIONAL BODIES
WHEREAS, the City Council has numerous appointments to various Partnership Committees, Regional Bodies and Liaisons to City Boards and Commissions, and makes new appointments every two years following the General Municipal Election; and WHEREAS, the Berkeley City Council Rules of Procedure and Order also require the Mayor to recommend and the full Council approve appointments to Standing Council Policy Committees by January 31st of each year.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that it officially makes the following appointments for the period ending January 31, 2025 or until new appointments are approved:

City Council Standing Policy Committees:

Agenda & Rules Committee
Appoint Mayor Arreguín, Councilmember Hahn and Vice-Mayor Wengraf Appoint Councilmember Taplin as Alternate
Budget & Finance Committee
Appoint Mayor Arreguín, Councilmember Hahn and Councilmember Kesarwani Appoint Councilmember Harrison as Alternate
Facilities, Infrastructure, Transportation, Environment & Sustainability Committee Appoint Councilmember Harrison, Councilmember Humbert and Councilmember Taplin Alternate Vacant
Public Safety Committee
Appoint Councilmember Bartlett and Councilmember Taplin Appoint Councilmember Kesarwani as Alternate
Land Use, Housing & Economic Development Committee
Appoint Councilmember Humbert, Councilmember Harrison, and Vice-Mayor Wengraf Alternate Vacant
Health, Life Enrichment, Equity & Community Committee
Appoint Councilmember Bartlett and Councilmember Kesarwani Appoint Councilmember Hahn as Alternate

City Council Committee Appointments 2024 CONSENT CALENDAR January 30, 2024

Partnership Committees:
4x4 Joint Task Force Committee on Housing: Rent Board/City Council Appoint Mayor Arreguin, Councilmember Hahn, Councilmember Harrison 3x3 Committee of the Berkeley City Council and the Berkeley Housing Authority Appoint Mayor Arreguin, Councilmember Harrison and Councilmember Kesarwani 2x2 Committee of the City Council and the Board of Education Appoint Councilmember Hahn and Councilmember Taplin
Regional Committees:

Alameda County Transportation Commission
Appoint Councilmember Taplin
Appoint Councilmember Harrison as Alternate
Alameda County Waste Management Authority
Appoint Vice-Mayor Wengraf
Appoint Councilmember Hahn as Alternate
Delegate to Association of Bay Area Governments General Assembly Appoint Councilmember Hahn
Appoint Councilmember Humbert as Alternate
Joint Powers Authority - East Bay Community Energy Authority Appoint Councilmember Bartlett
Appoint Councilmember Taplin as Alternate
Joint Powers Agreement - East Bay Regional Sports Fields Appoint Councilmember Kesarwani
Joint Powers Authority - Lead Abatement
Appoint Vice-Mayor Wengraf
Appoint Councilmember Kesarwani as Alternate
League of California Cities - East Bay Division
Appoint Councilmember Taplin
Appoint Councilmember Humbert as Alternate
Oakland Airport Noise Forum
Appoint Councilmember Humbert
East Bay Public Bank

City Council Committee Appointments 2024 CONSENT CALENDAR January 30, 2024

Appoint Councilmember Harrison
Council Liaisons to City Boards and Commissions:

Board of Library Trustees
Appoint Councilmember Hahn
Community Health Commission
Appoint Councilmember Kesarwani

CONSENT CALENDAR
JANUARY 30, 2024
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7170 ● TDD: (510) 981-6903 ● E-Mail:
[email protected]
To: Honorable Mayor and Members of the City Council
From: Councilmembers Sophie Hahn and Rigel Robinson (Co-Authors) Subject: Support for ACA 4 Elections: Eligibility to Vote

RECOMMENDATION
Adopt a resolution in support of Assembly Constitutional Amendment 4 (Bryan), which would repeal a constitutional requirement disqualifying electors incarcerated for felony convictions, and send a copy of the resolution to Assemblymembers Isaac Bryan and Buffy Wicks, and State Senator Nancy Skinner.

BACKGROUND
Introduced by Assemblymember Bryan in 2023, ACA 4 would repeal a State constitutional requirement for the California Legislature to provide for the disqualification of electors while serving a State or federal prison term for the conviction of a felony.

This amendment to the California Constitution would preserve the right to vote for all people, including all those who are currently incarcerated. At least 95% of people currently incarcerated in State prison will eventually return home.1 Data shows that people who vote while incarcerated and shortly thereafter are 50% less likely to be rearrested.2
The impacts of legal barriers to civic participation disproportionately affect Black, Latino, and Native American communities, who are denied the ability to influence governance and public policy, and stripped of political power. Additionally, veterans, many of whom return to civilian life with visible and invisible trauma face a greater likelihood of incarceration. California currently has more than 7,000 veterans who, despite having served our country, are denied their voting rights solely because they are incarcerated.3 Several U.S. states and territories already allow universal participation in the democratic process, and democracies around the world have also normalized this standard. Maine, Vermont, Washington D.C., and Puerto Rico all allow people in prison to vote. Nearly all Western European countries allow incarcerated people to vote, as does a diverse group 1 Hughes, Timothy & Wilson, Doris James, Reentry Trends in the United States, U.S. Department of Justice, https://bjs.ojp.gov/content/pub/pdf/reentry.pdf 2 Uggen, Christopher & Manza, Jeff, Voting and Subsequent Crime and Arrest: Evidence from a Community Sample, 36 Colum. Hum. Rts. L. Rev. 193 (2004-2005), Uggen_Manza_04_CHRLR2.pdf (umn.edu)
3 “5-19-22 - Assembly Floor Analysis, ACA 4 (Bryan)
https://leginfo.legislature.ca.gov/faces/billAnalysisClient.xhtml?bill_id=202320240ACA4#

of others around the world including Israel, Canada, Zimbabwe, Japan, Kenya, and Peru. ACA 4 will give voters in California the opportunity to decide if a thriving democracy includes everyone or if historic suppression and disenfranchisement measures should remain a feature of our civil society.4 Here in California, we already facilitate elections in some carceral settings. People serving a misdemeanor sentence, for example, have the right to vote and some jails already serve as polling places – including in Los Angeles County.5 California should follow the lead of Maine, Vermont, Washington, D.C. and Puerto Rico, and restore voting rights to all serving a prison sentence in California.

The attached resolution declares the City of Berkeley’s endorsement of ACA 4 and the subsequent ballot measure. Copies of the resolution will be sent to Assemblymembers Isaac Bryan and Buffy Wicks, and State Senator Nancy Skinner.

FINANCIAL IMPLICATIONS
None.

ENVIRONMENTAL SUSTAINABILITY
None.

CONTACT PERSON
Councilmember Sophie Hahn, 510-981-7150
Attachments:
1: Resolution
2: State of California Constitution Section to be amended by ACA 4 4 “5-19-22 - Assembly Floor Analysis, ACA 4 (Bryan)
https://leginfo.legislature.ca.gov/faces/billAnalysisClient.xhtml?bill_id=202320240ACA4# 5 League of Women Voters Co-Sponsor Letter: ACA 4, a0da977c-22c9-4567-ab75-472f79658152 (windows.net)

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

IN SUPPORT OF ASSEMBLY CONSTITUTIONAL AMENDMENT 4
WHEREAS, The California Constitution authorizes a person to vote if the person is a United States citizen, at least 18 years of age, and a resident of the State but this right does not extend to a person currently incarcerated and serving a State or federal prison term for a felony conviction; and
WHEREAS, For much of its history, California has taken steps to restrict voting rights on the basis of race and socioeconomic status, and refused to ratify the 14th and 15th Amendments until 1959 and 1962, respectively; and
WHEREAS, The prohibition of voting rights for incarcerated people disproportionately disenfranchises Black, Brown, poor and Indigenous people and veterans; and WHEREAS, Black people make up 6.5 percent of California’s population but account for 28 percent of the state’s prison population, and 80 percent of California’s prison population is made up of people of color; and
WHEREAS, California currently has nearly 7,000 veterans who are denied their voting rights because they are incarcerated; and
WHEREAS, Many other democracies such as Canada, Israel, France, Denmark, Japan, Germany, Czech Republic, Kenya, Netherlands, Poland, Peru, Romania, Sweden, and Zimbabwe allow incarcerated people the right to vote, and the United States trails on this front; and WHEREAS, In the United States, Vermont, Maine, Washington D.C., and Puerto Rico have restored the right to vote for all people in prison; and WHEREAS, In recent years, California has made significant and historic reforms that have expanded voting rights and voter access, with the goal of achieving a more representative democracy; and
WHEREAS, According to the Brennan Center for Justice, voting helps support reentry by giving people a voice and civic engagement and has been shown to reduce recidivism; and WHEREAS, In a nationwide poll by Stand Up America, State Innovation Exchange, the Sentencing Project, and Common Cause, almost 60 percent of participants said that voting rights should be guaranteed for all people – including those completing terms in prison; and

WHEREAS, ACA 4, introduced by Assemblymember Isaac Bryan and co-authored by Assemblymembers Bonta, Jackson, Kalra, Weber, Wilson, Haney, McKinnor, Jones-Sawyer, Low, Santiago, and Lee, and Senators Becker, Bradford, Cortese, and Smallwood-Cuevas, will give allow California voters to decide whether to restore voting rights to people completing prison sentences for felony convictions; and
WHEREAS, If passed, ACA 4 will remove the current State constitution prohibition against voting for people in prison for felony convictions and the companion bill, AB 1595, would remove mention of this prohibition throughout the California Code; NOW THEREFORE, BE IT RESOLVED that the Berkeley City Council declares its support for ACA 4 and AB 1595, and urges their passage by the California State Legislature and by California voters; and,
BE IT FURTHER RESOLVED that copies of this resolution will be sent to Assemblymembers Isaac Bryan, Buffy Wicks, and Senator Nancy Skinner.

Resolved by the Assembly, the Senate concurring, That the Legislature of the State of California at its 2023–24 Regular Session commencing on the fifth day of December 2022, two-thirds of the membership of each house concurring, hereby proposes to the people of the State of California that the Constitution of the State be amended as follows:

First— That Section 2 of Article II thereof is amended to read:

SEC. 2. (a)A United States citizen who is at least 18 years of age and a resident in this State may vote.
(b)An elector disqualified from voting while serving a state or federal prison term, as described in Section 4, shall have their right to vote restored upon the completion of their prison term.

Second— That Section 4 of Article II thereof is amended to read:

SEC. 4. The Legislature shall prohibit improper practices that affect elections and shall provide for the disqualification of electors while mentally incompetent or serving a state or federal prison term for the conviction of a felony. incompetent.

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

CONSENT CALENDAR
January 30, 2024
To: Honorable Mayor and Members of the City Council
From: Vice Mayor Susan Wengraf (Author), Councilmember Humbert (Co-Sponsor), Councilmember Hahn (Co-Sponsor), Councilmember Harrison (Co-Sponsor) Subject: Request by Resolution that PG&E Underground Utilities in Berkeley’s VHFHSZ

RECOMMENDATION
Adopt a Resolution urging PG&E to underground utility wires in Berkeley’s Very High Fire Hazard Severity Zone (VHFHSZ) to mitigate wildfire risk and limit evacuation and ingress obstruction. Send the Resolution to PG&E CEO Patti Poppe, the California Public Utilities Commission (CPUC), the Office of Energy Infrastructure Safety, State Senator Nancy Skinner, Assemblymember Buffy Wicks, Governor Gavin Newsom and Senator Mike McGuire, author of SB 884. Request the City Manager issue a press release about this Resolution as a critical Public Safety matter.

FINANCIAL IMPLICATIONS
No financial implications to send the resolution.

CURRENT SITUATION AND ITS EFFECTS
Utility-caused wildfires have become California’s tragic reality. PG&E’s CEO, Patti Poppe states that undergrounding reduces ignitions by 99%, making it the most effective way to reduce wildfire risk. As part of their commitment to improve wildfire safety, PG&E has started to underground electric lines as part of their 10,000 miles Electric Infrastructure Safety Initiative.

SB 884 (McGuire), which became law in 2023, expedites the undergrounding of utility lines and allows use of federal infrastructure funds.1
Undergrounding utility wires to mitigate wildfire risk from powerline and transmitter malfunctions and to limit evacuation and ingress obstruction, advances Berkeley’s Strategic Plan Goal to create a resilient, safe, connected, and prepared city.

This Resolution requests PG&E include the City of Berkeley’s Very High Fire Hazard Severity Zone (VHFHSZ) in their 10-year Distribution Infrastructure Undergrounding 1 https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB884

Request by Resolution that PG&E Underground Utilities in Berkeley’s VHFHSZ CONSENT CALENDAR January 30, 2024

Plan to be submitted to California’s Office of Energy Infrastructure Safety for review and approval.

Panoramic Hill is in CAL FIRE’s Very High Fire Hazard Severity Zone. The Berkeley Fire Department has designated Panoramic Hill with the highest severity level, Fire Zone 3, in the City of Berkeley. The Panoramic Hill residential neighborhood, which sits within both Berkeley and Oakland, is surrounded on three sides by wildlands. The neighborhood has only one road for both egress and ingress, which is a narrow, substandard roadway that cannot be widened.

CAL FIRE also includes the North East Berkeley Hills in their Very High Fire Hazard Severity Zone designation. The Berkeley Fire Department labels this area Fire Zone 2 and has suggested that due to extreme risk, all residents in Fire Zones 2 and 3 evacuate the area when Extreme Fire Weather has been predicted. The streets in Fire Zones 2 & 3 are so narrow and winding and the hills so densely inhabited that it would be unlikely for everyone to get out safely in the event of a wildfire. A 2019 AP News Analysis identified the Berkeley Hills Zip Code 94708 as “being roughly within the worst 1% in the state when it comes to population-to-evacuation-route ratios.” Just 31 other Zip Codes in the entire state of California share that designation.

BACKGROUND
In July 2021 PG&E committed to undergrounding 10,000 miles of power lines, over multiple years, in the Highest Fire Threat Districts to protect communities from wildfire threats. City Council approved a Resolution on November 9th, 2021 urging PG&E CEO Patti Poppe and her Board to commit a tiny part of their 10,000 miles of undergrounding to Berkeley’s evacuation routes and previously formed Undergrounding Districts. The City did not receive a reply.

SB-884 Electricity: expedited utility distribution infrastructure undergrounding program (McGuire) passed on the Assembly Floor with zero “no” votes on August 30, 2022 and was signed by the Governor on September 29, 2022. On Jan 1st 2023, SB-884 became law, expediting PG&E’s work to underground 10,000 miles of the highest fire risk electric lines and allowing use of federal infrastructure dollars for it.

Berkeley has a history of catastrophic wildfire, including the 1923 wildfire that swept through north Berkeley destroying approximately 600 homes and structures, the 1980 fire in Wildcat Canyon that destroyed five homes and the 1991 fire that consumed southeast Berkeley and Oakland, claiming 25 lives and reducing approximately 3,000 structures to ashes.

Neighboring communities share our concern that overhead electrical equipment will ignite wildfire in their communities. The City of Oakland’s City Council unanimously passed a resolution on July 18, 2023 urging PG&E to underground utilities in their Very High Fire Severity Zone.