Agenda packet, first session — Berkeley City Council, March 12, 2024 (part 1 of 2)

Tuesday, March 12, 2024 AGENDA Page 1

AG E N D A

BERKELEY CITY COUNCIL MEETING
Tuesday, March 12, 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 – VACANT DISTRICT 8 – MARK HUMBERT

This meeting will be conducted in a hybrid model with both in -person attendance and virtual participation. If you are feeling sick, please do not attend the meeting in person.

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

Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL: https://cityofberkeley- info.zoomgov.com/j/1602817302. 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:
160 281 7302 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 inclus ion in the public record, email [email protected].

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

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 beha vior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, a failure to comply with reasonable and lawful regulations adopted by a leg islative body, or engaging in behavior that constitutes use of force or a true threat of force.

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Tuesday, March 12, 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 importa nce to all of the Ohlone Tribes and descendants of the Verona Band. As we begin our meeting tonight, we acknowledge and honor the original inhabitants of Berkeley, the documented 5,000 -year history of a vibrant community at the West Berkeley Shellmound, and the Ohlone people who continue to reside in the East Bay. We recognize that Berkeley’s residents have and continue to benefit from the use and occupation of this unceded stolen land since the City of Berkeley’s incorporation in 1878. As stewards of the laws regulating the City of Berkeley, it is not only vital that we recognize the history of this land, but also recognize that the Ohlone people are present members of Berkeley and other East Bay communities today. The City of Berkeley will continue to build relationships with the Lisjan Tribe and to create meaningful actions that uphold the intention of this land acknowledgement.

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

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

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

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

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

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

No additional items can be moved onto the Consent Calendar once public comment has commenced. At any time during, or immediately after, public comment on Information and Conse nt 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 Infor mation 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.

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Tuesday, March 12, 2024 AGENDA Page 3

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

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

Consent Calendar

1. Zoning Amendments for Berkeley Business; Amending Berkeley Municipal Code Title 23
From: City Manager
Recommendation: Adopt a second reading of Ordinance No. 7,898–N.S. amending Title 23 of the Berkeley Municipal Code to streamline and clarifying the permitting process for small businesses in commercial districts (“C-Prefixed”), select manufacturing (“M-Prefixed”) districts, and the Residential BART Mixed Use (R- BMU) and Residential Southside Mixed Use (R-SMU) zoning districts.

First Reading Vote: All Ayes.

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

2. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on March 12, 2024
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval.

Financial Implications: Various Funds - $3,676,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300

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Consent Calendar
Tuesday, March 12, 2024 AGENDA Page 4

3. Grant Application: California Affordable Housing and Sustainable Communities Infrastructure in connection with the proposed North Berkeley BART (NBB) BRIDGE Phase 1 Project.

From: City Manager
Recommendation: Adopt a Resolution:

1. Authorizing the City Manager to negotiate, enter into, and cause the City to perform its obligation under an agreement (including amendments) with BRIDGE Housing Corporation and/or their affiliates relating to grant applications to the California Affordable Housing and Sustainable Communities (AHSC) program for project-related transportation and infrastructure improvements for the North Berkeley BART (NBB) BRIDGE Phase 1 affordable housing project at the North Berkeley BART Station Area, for a total AHSC award amount of up to $50 million.

2. Authorizing the City Manager to accept up to $5.8 million in state AHSC funds and complete selected transportation improvements if awarded.

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

4. Application for Prohousing Incentive Program Funds
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to apply for and accept funds from the State of California's Prohousing Incentive Program, in an amount not to exceed $1,250,000.

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

5. Amendment to Contract No. 8392 with Innovative Claim Solutions (ICS) for Workers' Compensation Claims Administration
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 8392 with Innovative Claims Solutions (ICS) for third- party administration of workers’ compensation claims through June 30, 2025 for a total contract amount not to exceed $9,202,243.

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

6. Contract Amendment: WBCP, Inc. Recruitment Agency
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32400083 with WBCP, Inc. for recruitment services to cover the period of October 2, 2023 through June 30, 2026, for a total cost not to exceed $350,000.

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

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Consent Calendar
Tuesday, March 12, 2024 AGENDA Page 5

7. Salary Adjustments: Electrical Supervisor and Communications Supervisor From: City Manager
Recommendation: Adopt a Resolution adjusting the salary range for Electrical Supervisor and Communications Supervisor to consist of three steps ranging from $62.8856 per hour to $66.6047 per hour, effective March 12, 2024.

Financial Implications: See report.

Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800

8. Align Training and Certification Differentials for Deputy Police Chief and Police Chief with Differentials for Berkeley Police Association Members From: City Manager
Recommendation: Adopt a Resolution aligning the training and certification differentials for Deputy Police Chief and Police Chief – specifically, for Crisis Intervention Training, the KIND Policing Differential, and POST certificates – with those of Berkeley Police Association members; specify that for Deputy Police Chief and Police Chief the POST certificates must be at the Management level; provide retiree medical benefits that BPA members and the Police Chief receive to the Deputy Police Chief as well.

Financial Implications: See report.

Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800

9. Grant Application: Firehouse Subs Foundation for Polaris all-terrain vehicle (ATV) for Berkeley Echo Lake Camp
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to submit a Firehouse Subsgrant application in the amount up to $50,000; to accept the grant; to execute any resultant revenue agreements and amendments; and authorizing the implementation of the project and appropriation of funding for related expenses, subject to securing the grant.

Financial Implications: Grant - $50,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

10. Lease Agreement: Dorothy Day House d.b.a Dorothy’s Closet at 2425a Channing 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 Dorothy Day House, a 501c3 nonprofit organization doing business as Dorothy’s Closet to use and occupy 2425a Channing 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 retroactively on May 1, 2023.

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

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Consent Calendar
Tuesday, March 12, 2024 AGENDA Page 6

11. Filling Vacancies Among the Elected Representatives of the Poor From: Human Welfare and Community Action Commission
Recommendation: Adopt a Resolution confirming the appointments of Catherine Huchting (District 3); and, Maria Sol (District 1) as elected representatives of the poor on the Human Welfare and Community Action Commission (HWCAC), having been voted at the HWCAC January 8, 2024 meeting, and that their terms expire November 28, 2024.

Financial Implications: See report
Contact: Mary-Claire Katz, Commission Secretary, (510) 981-5400

Council Consent Items

12. Budget Referral: Publicly Accessible Permanent Bathroom at James Kenney Park
From: Councilmember Kesarwani (Author), Councilmember Wengraf (Co- Sponsor), Councilmember Taplin (Co-Sponsor), Councilmember Humbert (Co- Sponsor)
Recommendation: Refer $160,000 to the June FY 2024-25 budget process to renovate an existing bathroom at the James Kenney Community Center to make it ADA compliant and permanently accessible to members of the general public who visit the park.

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

13. Vision 2050 Community Engagement Expansion
From: Councilmember Taplin (Author), Councilmember Hahn (Co-Sponsor) Recommendation: Authorize the City Manager to expand the scope of the Vision 2050 Complete Streets Parcel Tax Community Engagement and Program Plan in the FY 2024 Budget to consider additional revenue sources: (1) potential ballot referenda for an increase to Berkeley’s Parks Tax and/or (2) renewing the Measure P Real Property Transfer Tax beyond 2028; and refer to the City Attorney for analysis of using the Community Engagement and Program Plan funds for community survey purposes.

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

14. Creating SHARE BERKELEY - A Berkeley Public Library Share Hub for Access, Resilience, and Equity
From: Councilmember Hahn (Author)
Recommendation: 1. Request that the Library Director work with Library Staff to develop a visionary plan to expand the Berkeley Public Library’s Tool Lending Library into a comprehensive, full-service SHARE hub for the City of Berkeley, providing a one-stop center for community members to:
a. Borrow from an expanded portfolio of Library-based tools, supplies, equipment and other durable/reusable items;
b. Access comprehensive, up-to-date information and referrals about community-

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Council Consent Items
Tuesday, March 12, 2024 AGENDA Page 7

based opportunities for borrowing, renting, or obtaining free tools, supplies, equipment, bikes/vehicles, locations, and similar resources; and c. Receive need-based financial assistance to support access to community-based share/rental resources. 2. Consider categories of items that might be appropriate for an expanded Berkeley Public Library (BPL) in-house Lending Library, and which categories would be best accessed through other community share/rental resources such as REI, AAA, bike and party rental services, and other organizations serving Berkeley. 3. Consider expanding BPL’s in-house Lending Library beyond the current portfolio of carpentry, gardening, kitchen, and other traditional tools to potentially include categories such as toys and games; event furniture and supplies; sports and recreation-related equipment; irons, floor polishing machines, and other household tools; and other durable items typically used on a limited basis by members of the community. 4. Create a plan to establish, maintain, and administer a comprehensive, one-stop reference/resource service for all share/rental/free opportunities available to Berkeley residents, including but not limited to ensuring access to a searchable database of resources and offering assistance and advice to individuals seeking information on share/rental/free opportunities. Consider a partnership with existing platforms and applications such as the Buy Nothing Project to foster connections between neighbors and support the goals of the circular economy. 5. For items to be shared/rented through outside lending or rental services, explore possibilities for SHARE BERKELEY to offer and/or administer City-based or other vouchers/subsidies for low-income residents to access borrowed/rented items from non-Library vendors at reduced or no cost. 6. Consider and propose storage, maintenance, repair, customer service, and other operational and space needs for an expanded in-house Lending Library and to house and administer the Share Hub resource center. 7. Consider start-up and ongoing costs for the expanded in-house Lending Collection and to establish and administer the Share Hub resource center, including but not limited to costs for equipment, materials, software/technology, staffing, and facilities. 8. In the course of researching categories of items to potentially add to the Library’s in-house Lending Collections and in considering other elements of the Share Hub concept, conduct robust outreach to individuals and groups of diverse backgrounds, ages, and abilities to ensure services, offerings, and facilities equitably represent and serve all members of the community.

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

15. Opposition to AT&T Applications: Relief of “Carrier of Last Resort” and Eligible Telecommunications Carrier Designation
From: Councilmember Wengraf (Author), Councilmember Hahn (Co-Sponsor) Recommendation: Adopt a Resolution and send a letter to the CPUC expressing strong opposition to AT&T’s proposal to discontinue being the default landline phone provider, and its proposal to relinquish its eligible telecommunications carrier (ETC) designation. Urge the CPUC to reject AT&T’s application to end traditional landline service in all areas until reliable broadband cellular coverage is available.

Financial Implications: See report
Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160

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Tuesday, March 12, 2024 AGENDA Page 8

Information Reports

16. Staff Shortages: City Services Constrained by Staff Retention Challenges and Delayed Hiring Audit Status Report
From: City Manager
Contact: Anne Cardwell, City Manager's Office, (510) 981-7000

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 fil ed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on th e project.

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

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

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

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

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

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

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

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Tuesday, March 12, 2024 AGENDA Page 9

COMMUNICATION ACCESS INFORMATION:

This meeting is being held in a wheelchair accessible location.

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

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

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 wa s posted at the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on Thursday, February 29, 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.

Communications – March 12, 2024
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.

Middle Housing

1. Mike Dunham

2. Ross Bernet

3. Antoine Grondin

4. Nicolas McMullan

5. Gabe Mitnick

6. Andrew Meyer

7. Patrick Yoon

8. Michael Webster

9. Jacob Steinhardt

10. Hilary Near

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Tuesday, March 12, 2024 AGENDA Page 10

Hate Incidents

11. Liberty Schubert

12. Itamar Landau

13. Councilmember Taplin

Nova Concert Survivor

14. Adam Naftalin-Kelman

Crime

15. Todd Andrew

Woolsey-Fulton Bicycle Project

16. Marc Hedlund

17. Jennifer Natali

18. David Hoffman (2)

Pedestrian and Bicycle Safety

19. Roger Hallsten

20. Riti Dhesi

21. Rachel Bradley (2)

22. Meredith Isaksen

23. Sierra Club Northern Alameda County

Hazardous Road Conditions

24. Ronald Nevels (2)

25. Jim Lutz (2)

Automated License Plate Readers

26. Diana Andreeva

Council Meeting Decorum

27. Andrea Cassidy

Aquatic Park

28. Cameron Bochman

Berkeley Unified School District (BUSD)

29. Dorothea Dorenz

30. BUSD Superintendent

Bay Wheels Bike Share

31. Alexander Merenkov

Reproductive Letter

32. Commission on the Status of Women

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Tuesday, March 12, 2024 AGENDA Page 11

Homelessness

33. Jonny Ruel Holder

Home Insurance

34. Diane Wolf

SB 330

35. Virginia Warheit

Demolition Ordinance

36. Charlene Woodcock

37. Gary McDole

38. 20 similarly-worded form letters

North Berkeley BART Housing Project

39. Stefan Lasiewski

City of Berkeley Referrals

40. James McGrath

Climate and Environment Commission

41. Anna Kathawala

Climate Goals and Autos

42. Barbara Gilbert

People’s Park

43. Sky Ocean

Gaza & Israel

44. Hillary Kilimnik (2)

45. Jocelyn Goldsmith-De Sena

46. Margaret Fouda

47. Michael Fullerton

48. 00.caveat-taxing@

49. Lian Mar

50. Karen Ung

51. Michelle Wong

52. Evelyn Zhai

53. Jon Jackson

URL’s Only

54. Vivian Warkentin

55. Todd Jersey

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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.

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1 Ordinance No. #,###-N.S. Page 1 of 25
ORDINANCE NO. #,###-N.S.

AMENDMENTS TO THE RESIDENTIAL DISTRICT CHAPTER (BMC 23.202), COMMERCIAL DISTRICT CHAPTER (BMC 23.204), MANUFACTURING DISTRICT CHAPTER (BMC 23.206), SUPPLEMENTAL USE REGULATIONS CHAPTER (BMC

23.302), ALCOHOLIC BEVERAGE SALES AND SERVICE CHAPTER (BMC 23.310), NONCONFORMING USES, STRUCTURES AND BUILDINGS CHAPTER (BMC 23.324) AND THE GLOSSARY CHAPTER (BMC 23.502) TO SUPPORT BERKELEY

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

Section 1. That the lines named “Alcoholic Beverage Service,” “Food Service Establishment” “Group Class Instruction,” and “Gym/Health Club” in Table 23.202-1 Allowed Land Uses in Residential Districts, within Berkeley Municipal Code 23.202.020 are amended, and lines named “Food Service Establishment, Under 3,000 sq. ft.,” “Food Service Establishment, 3,000 sq. ft. or larger,” and a new Incidental Use category with “Live Entertainment, Unamplified” and “Live Entertainment, Amplified” are added, to read:

Table 23.202‑1: Allowed Land Uses in Residential Districts

RESIDENTIAL DISTRICTS
ZC = Zoning Certificate
AUP = ADMINISTRATIVE

USE PERMIT
UP(PH) = Use Permit
NP = Not Permitted
* Use-Specific Regulations
Apply
**--Required permits for
specific uses are set forth in
the R-BMU Master
Development Permit
(MDP).See 23.202.150.A
and 23.202.150.D
R-1 R-
1A
ES-
R R-2 R-
2A R-3 R-4 R-5 R-S R-
SMU
R-
BM
U**

USE-SPECIFIC

REGULATIONS

APPLIES TO USES

WITH AN ASTERISK

FOLLOWING THE
PERMIT
REQUIREMENT (E.G.,
ZC*)
Alcoholic Beverage
Service NP NP NP NP NP NP NP NP NP ZC*
UP(P
H)*

23.310—Alcoholic
Beverage Sales and
Service
Food Service
Establishment, Under
3000 sq. ft.

NP NP NP NP NP NP NP NP NP ZC* ZC* 23.302.070(E) – Use- Specific Regulations
Food Service
Establishment, 3,000 sq.
ft. or larger
NP NP NP NP NP NP NP NP NP AUP* AUP* 23.302.070(E) – Use- Specific Regulations
Group Instruction NP NP NP NP NP NP NP NP NP NP UP(P
H)*

23.202.150(C)
R-BMU Residential
BART Mixed Use
District
Health and Fitness
Facility NP NP NP NP NP NP NP NP NP NP UP(P
H)*

23.202.150(C)
R-BMU Residential
BART Mixed Use
District
Incidental Uses
Live Entertainment,
Unamplified NP NP NP NP NP NP NP NP NP ZC NP

Page 1 of 25 ends

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2 Ordinance No. #,###-N.S. Page 2 of 25
Live Entertainment,
Amplified NP NP NP NP NP NP NP NP NP AUP NP
Section 2. That Berkeley Municipal Code 23.202.150(C)(2) is amended to read:

2. Group Instruction and Health and Fitness Facility. Group instruction and health and fitness facility uses are permitted at the Ashby BART station with a Zoning Certificate.

Group instruction and health and fitness facility uses are permitted at the North Berkeley BART station with a Use Permit.

Section 3. That the lines named “Family Day Care Home, Large,” “Family Day Care Home, Small,” are removed; the lines named “Alcoholic Beverage Retail Sale,” “Pet Store,” “Retail General,” “Personal and Household Services, General, “Laundromats and Cleaners,” “Video Tape/Disk Rental,” “Business Support Services,” “Bank and Financial Services, Retail,” “Insurance Agents, Title Companies, Real Estate Agents, Travel Agents,” “Medical Practitioners,” “Non-Chartered Financial Institutions,” “Office, Business and Professional,” “Bar/Cocktail Lounge/Tavern,” “Dance/Exercise/Martial Arts/Music Studio,“ Food Service Establishment,” “Gym/Health Club,” “Alternative Fuel Station,” “Large Vehicle Sales and Rental,” “Small Vehicle Sales and Rental,” “Vehicle Parts Store,” “Vehicle Rentals,” “Vehicle Repair and Service,” “Vehicle Sales, New,” “Vehicle Sales, Used,” “Cannabis Testing,” “Light Manufacturing,” “Wholesale Trade,” “Food and Beverage for Immediate Consumption,” “Food Service Establishment,” “Live Entertainment,” “Retail Sale of Goods Manufactured On-Site,” “Art/Craft Studio,” “Public Market, Enclosed” and the Notes in Table 23.204-1 Allowed Uses in the Commercial Districts, within Berkeley Municipal Code 23.204.020, are amended; and lines named “Group Instruction, 3,000 sq. ft. or larger,“ Food Service Establishment, Under 3,000 sq. ft.” “Food Service Establishment, 3,000 sq. ft. or larger” “Health and Fitness Facility, Under 7,500 sq. ft,” “Health and Fitness Facility, 7,500 sq. ft.” “Live Entertainment, Unamplified,” and “Live Entertainment, Amplified,” are added, to read:

Table 23.204-1 Allowed Uses in the Commercial Districts

COMMERCIAL DISTRICTS
ZC = Zoning Certificate
AUP = Administrative Use
Permit
UP(PH) = Use Permit
NP = Not Permitted
-- = Permitted with AUP, see

23.204.020(B)
[#] = Table Note Permit
Requirement
* Use-Specific Regulations
Apply

C-C C-U C-N C-E C-NS C-

SA C-T C-
SO
C-

DMU C-W C-
AC
USE-
S

PECIFIC
R

EGULATI
ONS
Alcoholic Beverage Retail
Sale
UP(PH)
*
UP(PH
)*
UP(
PH)
*
UP(P
H)*
UP(P
H)*
UP(P
H)* NP UP(P
H)*
UP(P
H)*
UP(P
H)*
UP(P
H)* 23.310
Pet Store AUP AUP AU
P

AUP AUP AUP AUP AUP AUP ZC AUP
Retail, General
ZC ZC ZC* ZC* ZC* ZC* ZC* ZC* ZC ZC ZC* 23.204.040(C)

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3 Ordinance No. #,###-N.S. Page 3 of 25

COMMERCIAL DISTRICTS
ZC = Zoning Certificate
AUP = Administrative Use
Permit
UP(PH) = Use Permit
NP = Not Permitted
-- = Permitted with AUP, see

23.204.020(B)
[#] = Table Note Permit
Requirement
* Use-Specific Regulations
Apply

C-C C-U C-N C-E C-NS C-

SA C-T C-
SO
C-

DMU C-W C-
AC
USE-

SPECIFIC
R

EGULATI
ONS

23.204.040(D)
Personal and Household
Services, General

ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC
Laundromats and
Cleaners AUP AUP UP(
PH)
UP(
PH)
UP(

PH) AUP AUP UP(
PH)
UP(
PH)

AUP AUP
Video Tape/Disk Rental ZC ZC ZC AUP ZC -- ZC ZC ZC ZC NP Business Support Services ZC ZC ZC ZC ZC ZC ZC* ZC ZC ZC ZC 23.204.110(B)(4) Bank and Financial
Services, Retail AUP AUP UP(
PH)
UP(
PH)
UP(
PH)
ZC AUP
*
UP(
PH) ZC* AUP ZC

23.204.110(B)(4)
;

23.204.130(B)(6)
;

23.204.130(D)(3)
Insurance Agents, Title
Companies, Real Estate
Agents, Travel Agents
ZC ZC ZC* ZC* ZC* ZC ZC* ZC* ZC* ZC ZC

23.204.040(B);

23.204.110(B)(4)
;

23.204.130(D)(3)
Medical Practitioners ZC ZC
[
AU

P NP UP(
PH)
ZC AUP
*
UP(
PH) ZC* ZC ZC 23.204.040(B);

23.204.110(B)(4)
; 23.204.130.D.3
Non-Chartered Financial
Institutions
UP(PH
)*
UP(P
H)* NP NP NP UP(
PH)*
UP(
PH)* NP NP UP(
PH)*
UP(
PH)

23.302.070.F

23.204.110.(B)(4
)
Office, Business and
Professional ZC ZC AU
P*
AUP
*
ZC* ZC ZC* AUP
*
ZC* ZC ZC 23.204.040(B);

23.204.110(B)4;

23.204.130(D)(3)
Bar/Cocktail
Lounge/Tavern/Tap
Room/Wine Tasting
AUP* AUP* AU
P*
AUP
*
AUP
*
AUP
*
AUP
*
AUP
*
AUP
*
AUP
*
AUP
*
;

23.310
Food Service
Establishment, under
3,000 sq. ft.

ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* 23.302.070(E) Food Service
Establishment, 3,000 sq. ft.
or larger
AUP* AUP* AU
P*
AUP
*
AUP
*
AUP
*
AUP
*
AUP
*
AUP
*
AUP
*
AUP
* 23.302.070(E)
Group Instruction, Under
3,000 sq. ft.

ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC
Group Instruction,
3,000 sq. ft. or larger ZC ZC AU

P AUP ZC ZC ZC AUP ZC ZC ZC
Health and Fitness Facility,
Under 7,500 sq. ft ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC
Health and Fitness Facility,
7,500 sq. ft. or larger ZC ZC AU

P AUP ZC ZC ZC AUP ZC ZC ZC
Alternative Fuel Station UP(PH
)
UP(P
H)
UP(

PH) NP UP(
PH)
UP(
PH) NP* UP(

PH) NP AUP
*
UP(
PH)

23.204.110(B)(2)

23.204.140(B)(3)
Large Vehicle Sales and
Rental AUP NP NP NP NP NP NP NP NP AUP
* [1] NP 23.204.140(B)(3)
Small Vehicle Sales and
Service AUP NP NP NP NP UP(
PH)* NP NP UP(
PH)
UP(
PH)* NP

23.204.100(B)(3)
;

23.204.140(B)(3)

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4 Ordinance No. #,###-N.S. Page 4 of 25

COMMERCIAL DISTRICTS
ZC = Zoning Certificate
AUP = Administrative Use
Permit
UP(PH) = Use Permit
NP = Not Permitted
-- = Permitted with AUP, see

23.204.020(B)
[#] = Table Note Permit
Requirement
* Use-Specific Regulations
Apply

C-C C-U C-N C-E C-NS C-

SA C-T C-
SO
C-

DMU C-W C-
AC
USE-

SPECIFIC
R

EGULATI
ONS
Vehicle Parts Store ZC NP ZC ZC ZC ZC ZC ZC NP AUP
* [1] ZC
Vehicle Rentals AUP NP NP NP NP NP NP NP UP(
PH)
AUP
* [1] NP 23.204.140(B)(3)
Vehicle Repair and Service AUP NP NP NP NP NP NP NP NP AUP * [1] NP
Vehicle Sales, New AUP NP NP NP NP UP(
PH)* NP NP UP(
PH)
AUP
* [1] NP 23.204.140(B)(3)
Vehicle Sales, Used AUP NP NP NP NP UP(
PH)* NP NP UP(
PH)
UP(
PH)* NP

23.204.100(B)(3)
;

23.204.140(B)(3)
;

23.204.140(D)(4)
Cannabis Testing AUP AUP NP NP NP NP NP NP AUP AUP
[1] NP
Light Manufacturing – – – – – – – – AUP
[1] --
Wholesale Trade – – – – -- – – – – AUP
[1] --
Incidental Uses
Food and Beverage for
Immediate Consumption ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC
Food Service
Establishment, Under
3,000 sq. ft.

ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* 23.310.030
Food Service
Establishment, 3,000 sq. ft.
or larger
AUP* AUP* AU
P*
AUP
*
AUP
*
AUP
*
AUP
*
AUP
*
AUP
*
AUP
*
AUP
* 23.310.030
Live Entertainment,
Unamplified ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC
Live Entertainment,
Amplified AUP AUP AU

P AUP AUP AUP AUP AUP AUP AUP AUP
Retail Sale of Goods
Manufactured On-Site ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC
Art/Craft Studio ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC
Public Market, Enclosed AUP AUP AU

P AUP AUP AUP AUP AUP AUP AUP
[2] AUP
Notes
[1] Require a Use Permit if either 5,000 sq. ft. or more of floor area or 10,000 square feet or more of lot area. [2] Requires a Use Permit if more than 10,000 sq. ft.

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5 Ordinance No. #,###-N.S. Page 5 of 25
Section 4. That Berkeley Municipal Code 23.204.040(B) through (F) be amended, to read:

B. Transparency Requirement for Office Uses . When office uses shown in Table

23.204-6: Office Uses Subject to Transparency Requirement are located on the ground floor adjacent to a street frontage, storefront windows shall either:

1. Include a storefront window display; or

2. Be transparent and provide pedestrian viewing at least 10 feet into the storefront area.

Table 23.204-6: Office Uses Subject to Transparency Requirement

OFFICE USE DISTRICT
Insurance Agents, Title Companies, Real
Estate Agents, Travel Agents CN, C-E, C-NS, CT, C-SO, C-DMU Medical Practitioners C-T
Office, Business and Professional CN, C-E, C-NS, C-T, C-SO, C-DMU C. Department Stores. Table 23.204-7: Department Store Permit Requirements shows permits required for department stores in the Commercial Districts.

Table 23.204-7: Department Store Permit Requirements

DISTRICT/USE SIZE PERMIT REQUIRED

C-SA, C-T
3,000 sq. ft. or less ZC
Over 3,000 sq. ft. AUP

C-E, C-NS, C-SO
3,000 sq. ft. or less ZC
Over 3,000 sq. ft. Not Permitted
C-N
3,000 sq. ft. or less AUP
Over 3,000 sq. ft. Not Permitted

C-C, C-U ZC
C-AC
3,000 sq. ft. or less ZC
Over 3,000 sq. ft. AUP

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6 Ordinance No. #,###-N.S. Page 6 of 25
D. Drugstores. The following requirements apply to drugstores in the C-N, CE, C-NS, and C-SO districts.

1. Where Prohibited. A new or expanded drugstore is not permitted if it is:
a. Over 5,000 square feet in gross floor area; and
b. Within 1,000 feet of any property containing an existing drugstore.

2. Measurement of Distance. Distances between drugstores are measured by a straight line from the nearest point of the property line of the parcel on which the drugstore is proposed to the nearest point of the lot line of the lot on which the nearest drugstore is located.

Section 5. That Berkeley Municipal Code 23.204.080(B)(2) be amended to read:

2. Size Limitations.
a. Table 23.204-20 shows land uses subject to size limitations in the C-E district.

TABLE 23.204-20: C-E LAND USE NUMBER AND SIZE LIMITATIONS

USE MAXIMUM
S
IZE
PERMIT
R

EQUIRED
Art/Craft Shops, Gift/Novelty Shops,
Jewelry/Watch Shops 1,500 sq. ft. ZC
Bookstores, Periodical Stands 2,000 sq. ft. ZC
Photocopy Stores, Printing, Fax,
Magnetic Disk Reproduction Services 1,000 sq. ft. ZC
b. The ZAB may allow a use to exceed the limitations in Table 23.204-20 with a Use Permit upon finding that:
i. The use will result in the positive enhancement of the purposes of the district; and
ii. The use is likely to experience substantial patronage by surrounding residents as indicated by neighborhood resident support, merchant support, marketing surveys, or other information.

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7 Ordinance No. #,###-N.S. Page 7 of 25
Section 6. That Berkeley Municipal Code 23.204.100(B) be amended to read:

1. General. See Table 23.204-1: Allowed Uses in the Commercial Districts

2. Mixed-Use Permits Required.
a. Zoning Certificate. A mixed-use project is allowed with a Zoning Certificate if the project:
i. Complies with all applicable standards in Table 23.204-27, Table

23.204-28, and Table 23.204-29;
ii. Includes only residential uses above the ground floor; and iii. Is less than 5,000 square feet in gross floor area, including any existing floor area incorporated into the project.
b. Use Permit. If a mixed-use project does not meet the criteria for approval with a Zoning Certificate as provided above, the project requires a Use Permit and is subject to the findings in Section

23.204.100(E)– C-SA South Area Commercial District (Permit Findings).

3. Vehicle Sales.
a. Applicability.
i. In the C-SA district, small vehicle service is not permitted. Small vehicle sales that are exclusively indoor operations are permitted with a Zoning Certificate. Otherwise, a Use Permit is required. ii. All new or relocated vehicle sales in the C-SA district shall be exclusively indoor operations with no outdoor activities and shall comply with the requirements of this subsection.
iii. Expansions or modifications of existing vehicle sales are:
a. Encouraged to comply with standards in Paragraph b
(Standards) below where feasible; and
b. Shall not increase or exacerbate a non-conformity with these standards.
b. Standards.
i. Street Frontage. Outdoor vehicle display is permitted only along Shattuck Avenue and Adeline Street and is limited to 30 percent of the lot frontage on those streets.
ii. Area for Outdoor Uses. A maximum of 40 percent of the lot area may be used for outdoor uses, including but not limited to vehicle display and storage. Adequate landscaping and/or fencing shall be

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8 Ordinance No. #,###-N.S. Page 8 of 25
used to filter the view of outdoor uses from the adjacent right-of-way and abutting properties, with the exception of outdoor vehicle display;
iii. Service Entries. Vehicle and repair service entries may not exceed 20 percent of the primary lot frontage, no entrance may exceed a width of 20 feet. The primary street frontage is the frontage towards which the primary building entrance is oriented. iv. Transparency. At least 60 percent of any new building shall be within 10 feet of the right-of-way along the primary street frontage and 60 percent of the street-facing facade shall be comprised of clear glass.
v. Repair Activities. All vehicle repair activities shall be conducted indoors.
vi. Noise. All noise-generating equipment and activities, such as vehicle repair, shall be shielded by noise-attenuating materials.

Outdoor amplification is not permitted.
vii. Lighting. Exterior light standards and fixtures shall not be taller than 20 feet, shall achieve uniform light coverage and minimize glare, shall use light cutoffs to control light spillover onto adjacent properties and urban sky glow, and shall use low energy light fixtures consistent with the City’s goals for energy efficiency. vii. Vehicle Storage. No vehicles shall be stored in the public right- of-way.
c. Modification of Standards. The Zoning Officer may allow modification to standards in Paragraph c (Standards) above with an AUP upon finding that the modification:
i. Is necessary to facilitate incorporation of an existing structure; ii. Achieve greater consistency with the surrounding street pattern; iii. Buffers impacts to an adjacent residential district; or iv. Is needed to accommodate dealership operations.

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9 Ordinance No. #,###-N.S. Page 9 of 25
Section 7. That Table 23.204-28 C-SA Maximum Building Heights and Figure

23.204-3 C-SA Building Height Sub-Areas be amended to read:

Table 23.204-28. C-SA Maximum Building Heights
Maximum Height
Building Land Use Subarea One All other parcels
Non-Residential Uses 36 ft and 3 stories 24 ft and 2 stories Mixed Use and Residential
Only
60 ft and 5 stories [1] 36 ft and 3 stories
[1]
[1] In mixed-use buildings, the third story and above must be used for residential purposes entirely.

Figure 23.204-3. C-SA Building Height Subarea One

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10 Ordinance No. #,###-N.S. Page 10 of 25
Section 8. That Berkeley Municipal Code 23.204.110(B) be amended to read:

B. Allowed Land Uses.

1. General. See Table 23.204-1: Allowed Uses in the Commercial Districts.

2. Fuel Stations. Alternative fuel and gasoline stations are allowed with Use Permit when located in a parking structure.

3. Residential Use, Ground Floor. Residential uses are permitted on the ground floor where located behind a commercial use. The ground floor commercial use must meet the following standards:
a. Occupy a minimum 30-foot depth of the ground floor, as measured from the ground floor street frontage, and
b. Occupy the full extent of the building frontage, excluding required utilities, driveways, pedestrian access and residential lobby.

4. Office Uses.
a. Table 23.204-31 shows permits required for office uses in the C-T district.

Table 23.204-31: C-T Office Permit Requirements
Permit Required
Building Location First and Second Story Above Second Story Adjacent to Bancroft
Way AUP
Not adjacent to
Bancroft Way
As required by
Table 23.204-1
UP(PH)
b. When office uses are located on the ground floor adjacent to street frontage, the storefront windows must either:
i. Include a window display; or
ii. Be transparent and provide pedestrian viewing at least 10 feet into the storefront area.

5. Upper Story Uses.
a. Floor area above the ground floor may be occupied only by a residential or office uses.

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11 Ordinance No. #,###-N.S. Page 11 of 25
b. A commercial use that is an integral part of a ground floor establishment is permitted on the second story if the use:
i. Has no entrances or exits, other than required fire exits, outside of the ground floor space; and
ii. Does not exceed the ground-floor area of the use.

Section 9. That Berkeley Municipal Code 23.204.120(A)(2)(e) be amended to read:
e. Encourage location of late-night commerce in appropriate areas in Berkeley, such as the downtown area, and allow businesses to address demand for late night service on Solano Avenue by establishing a 12:00 midnight closing time for businesses on Solano Avenue; and
Section 10. That Berkeley Municipal Code 23.204.130(D)(3) be amended to read:

3. Use Limitations; Findings. Offices on the ground floor adjacent to a street frontage require an AUP. To approve the AUP, the Zoning Officer must find that (a) The project meets the purposes of the Arts Overlay District as set forth above; and
(b) The location, size, type, appearance, and signage of the proposed use will:
i. Animate and enhance the pedestrian experience on the street; and ii. Be generally open to the public evenings and on weekends, whenever practicable.

Section 11. That Berkeley Municipal Code 23.204.130(E)(7)(a)(iv) be amended to read:
iv. Health and Fitness Facility
Section 12. That Berkeley Municipal Code 23.204.150(B)(3)(b) be amended to read:
b. Active Commercial Uses Defined. Active Commercial uses are commercial uses which generate regular and frequent foot traffic. Uses include businesses in the following use categories: Retail Uses; Personal and Household Service Uses; Food and Alcohol Service, Lodging, Entertainment, and Assembly Uses; and the following uses: Banks and Financial Services, Retail; and Vehicle Parts Stores.

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12 Ordinance No. #,###-N.S. Page 12 of 25
Section 13. That the lines named “Family Day Care Home, Large,” “Family Day Care Home, Small,” are removed; the lines named “Bar/Cocktail Lounge/Tavern,” “Dance/Exercise/Martial Arts/Music Studio, “Food Service Establishment,” “Group Class Instruction,” “Gym/Health Club,” and “Food and Beverage for Immediate Consumption,” in Table 23.206-1 Allowed Uses in Manufacturing Districts, within Berkeley Municipal Code 23.206.020, are amended, and lines named “Food Service Establishment, Under 5,000 sq. ft.” “Food Service Establishment, 5,000 sq. ft. or larger,” “Food Service Establishment, Under 20,000 sq. ft.” “Food Service Establishment, 20,000 sq. ft. or larger” “Live Entertainment, Unamplified” and :Live Entertainment, Amplified” are added, to read:

TABLE 23.206-1: ALLOWED LAND USES IN MANUFACTURING DISTRICTS

MANUFACTURING DISTRICTS
ZC = Zoning Certificate
AUP = Administrative Use Permit
UP(PH) = Use Permit
-- = Permitted with an AUP, see 23.206.020(B)
NP = Not Permitted
[#] = Floor Area Permit Requirement
* Use-Specific Standards Apply

M MM MU-LI MU-R
Use-Specific Standards
Applies to uses with an asterisk
following the permit requirement
(e.g., ZC*)
Bar/Cocktail Lounge/Tavern/Tap
Room/Wine Tasting
NP NP NP See 23.306
Food Service Establishment,
Under 5,000 sq. ft
-- -- AUP* AUP* 23.302.070(E)
Food Service Establishment,
5,000 sq. ft. larger
-- -- UP(PH)* UP(PH)* 23.302.070(E)
Group Instruction ZC ZC __ ZC
Health and Fitness Facility NP NP -- NP
Incidental Uses
Food Service Establishment,
Under 20,000 sq. ft
AUP* AUP* AUP* AUP* 23.302.070(E)
Food Service Establishment,
20,000 sq. ft. larger
NP AUP* NP AUP* 23.302.070(E)
Live Entertainment, Unamplified NP NP ZC ZC
Live Entertainment, Amplified NP NP AUP AUP

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13 Ordinance No. #,###-N.S. Page 13 of 25
Section 14. That Berkeley Municipal Code 23.302.020(B) be amended to read:

B. Hours of Operation.

1. Allowed Hours. Table 23.302-1: Allowed Hours of Operation shows allowed hours of operation for commercial uses in the commercial districts and the MU-R district, unless otherwise restricted by an existing permit.

2. Hours of Operation Defined.
a. For retail or customer-serving office commercial uses, hours of operation are those times that the business is open to customer access. b. For food service establishments, hours of operation include the time that the business is open for customer access to the departure of the last patron.

These limitations do not apply to:
i. The delivery, maintenance, security, product preparation and other pre-opening activities, and
ii. Cleanup, shutdown, and other post-closure activities which do not involve presence of customers.
c. For other commercial and manufacturing uses which do not involve customer access, hours of operation are those times that employees are present who are engaged in non-maintenance or security activities.

3. Exceptions. The City may allow extended hours of operations with the approval of a permit as shown in Table 23.302-1. If more restrictive hours of operation than what is permitted in Table 23.302-1 are imposed as a condition of approval on an existing AUP or UP, the hours may be modified within the district's current limits with approval of an AUP regardless of the original review authority.

Table 23.032-1: Allowed Hours of Operation

DISTRICT ALLOWED HOURS OF OPERATION
PERMIT

REQUIRED TO
E

XTEND HOURS

C-C, C-U, C-NS, C-AC,
C-W nodes 6:00 a.m. – 2:00 a.m. AUP

C-N, C-E, C-SO, C-SA,
C-W outside nodes,
MU-R
6:00 a.m. – 12:00 midnight AUP
C-T, C-DMU 24 hours per day 7 days a week N/A

4. Alcohol Sales in C-T District. A Use Permit is required in the C-T district for a business selling alcohol for off-site consumption to remain open past midnight. The Use Permit may be approved only if the business’s ABC license does not require sales

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14 Ordinance No. #,###-N.S. Page 14 of 25
of alcohol for off-site consumption to cease by midnight. The Zoning Adjustments Board (ZAB) may approve the Use Permit only upon finding that the extended hours will not generate excessive noise affecting the well-being of the residents of the district.

Section 15. That Berkeley Municipal Code 23.302.020(D) be removed and that Berkeley Municipal Code 23.302.020(E) be amended to read:

D. Outdoor Uses.

1. Applicability. This subsection applies to outdoor uses including but not limited to exterior service windows, outside automatic teller machines, and the outside storage of goods, containers and/or materials.

2. General. Commercial and manufacturing uses shall be conducted solely within an interior of a building unless:
a. The permit as required by Paragraph 3 (Permits Required) is obtained; or b. the outdoor use is specifically allowed by the Zoning Ordinance.

3. Permits Required. Table 23.302-2 Permit Requirements for Outdoor Uses shows permits required for uses outside of a building in the Commercial and Manufacturing Districts.

Table 23.302-2: Permit Requirements for Outdoor Uses
DISTRICT/USE CHARACTERISTICS [1] PERMIT
R

EQUIRED
All Commercial Districts Except for C-W
Not abutting a residential district AUP
Abutting a residential district UP(PH)
C-W
Not abutting a residential district and less than 10,000 s. ft. AUP Abutting a residential district UP(PH)
10,000 sq. ft. or more UP(PH)
M, MM [2]
Less than 20,000 sq. ft. ZC
20,000 sq. ft. or more AUP
MU-LI
Less than 20,000 sq. ft. ZC

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15 Ordinance No. #,###-N.S. Page 15 of 25
20,000 to 30,000 sq. ft. AUP
More than 30,000 sq. ft. UP(PH)
MU-R
Not abutting a residential district AUP
Abutting a residential district UP(PH)
Notes:
[1] Size is measured as the lot area of the outdoor activity or storage [2] In the M and MM district permits are required only for activity or storage not ancillary to a permitted use.

4. C-W District. In the C-W district, uses outside of a building must be permitted or incidental to permitted use in the district.

5. M, MM, MU-LI Districts. Outside uses in the M, MM, and MU-LI districts may not abut a residential district.

Section 16. That Berkeley Municipal Code 23.302.070(E) be amended to read:

E. Food Service Establishments.

1. Outdoor Cafe Seating.
a. Outdoor cafe seating on private property outside of the public right-of-way is allowed in the commercial districts with the following permits:
i. Zoning Certificate when seating does not abut a residential district. ii. AUP when seating abuts a residential district.
b. Sidewalk cafe seating within the public right-of-way is subject to 23.302.060 (Sidewalk Cafe Seating).

2. Building Openings – C-E and C-NS Districts. Food service establishments in the C-E and C-NS districts may have no openings, other than fixed windows and required fire exits, within 50 feet of a residential district.

3. C-W District Requirements.
a. Food service drive-through is not permitted on properties fronting San Pablo Avenue.

4. MU-LI and MU-R District – Findings.
a. To approve an AUP to establish or expand a food service establishment in the MU-LI or MU-R district, the review authority must find that the establishment of the use, given its size, location, physical appearance and other relevant

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16 Ordinance No. #,###-N.S. Page 16 of 25
characteristics, will not have a significant detrimental impact on the industrial character of the area.

Section 17. That Berkeley Municipal Code 23.302.070(G) and (H) be amended to read:

G. Parking Lot/Structure.

1. Permits Required. Table 23.302-7 shows required permits for the exclusive or primary use of a lot for off-street parking spaces.

TABLE 23.302-7: PERMIT REQUIREMENTS FOR PARKING LOTS/STRUCTURES

DISTRICT PERMIT REQUIRED
Residential Districts
R-3 Use Permit for all parking lots and structures. [1]

R-S, R-SMU, R-
BMU
Use Permit for parking structures only. Parking lots are not permitted, except on lots between Acton Street and Virginia Gardens and between Peralta Avenue and Northside Avenue in the R-BMU.

All other
residential
districts
Use Permit for all parking lots and structures.

Commercial Districts
C-C, C-U Zoning Certificate for parking lots and structures with 5 spaces or fewer. Use Permit for more than 5 spaces.

C-SO AUP for parking lots and structures with 5 spaces or fewer. Use Permit for more than 5 spaces.

C-DMU AUP for parking lots with 8 spaces or fewer. Use Permit for all parking structures. Lots with more than 8 spaces not permitted.

C-N, C-E, C-
NS, C-SA Use Permit for all parking lots and structures.

C-T Use Permit for all parking structures. All parking lots not permitted.

C-W AUP for parking lots and structures with 10 spaces or fewer. Use Permit for parking lots and structures with more than 10 spaces.

Manufacturing Districts
M, MM
AUP for parking lots and structures with 10 or fewer spaces exclusively for uses in the district. Use Permit for parking lots and structures with any number of spaces not exclusively for uses in the district.

MU-LI Zoning Certificate for parking lots and structures with 10 or fewer spaces exclusively for uses in the district. AUP for parking lots and

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17 Ordinance No. #,###-N.S. Page 17 of 25
structures with 11 spaces or more exclusively for uses in the district.

Use Permit for parking lots and structures with any number of spaces not exclusively for uses in the district.

MU-R
Zoning Certificate for parking lots and structures exclusively for uses in the district. Use Permit for parking lots and structures not exclusively for uses in the district.

Notes:
[1] Parking lots and structures in the R-3 district are not permitted within the Southside Plan area

2. Residential District Standards. See 23.322.110– Parking Lots in Residential Districts for standards that apply to the exclusive or primary use of a lot for off-street parking spaces in a residential district.

H. Residential Use, Ground-Floor Units.

1. Southside Plan Area. In the R-3, R-S, R-SMU, and C-T districts within the Southside Plan boundaries, individual unit entries located within six feet of the front property line shall be at least 18 inches above the finished grade of the adjacent public frontage.

I. Senior Congregate Housing. Table 23.302-8 shows permits required for senior congregate housing.

TABLE 23.302-8: PERMIT REQUIREMENTS FOR SENIOR CONGREGATE HOUSING

PROJECT PERMIT REQUIRED
Change of use from an existing dwelling unit to accommodate six or fewer people ZC
Change of use from an existing dwelling unit to accommodate seven or more people AUP
New construction to accommodate any number of people UP(PH) Section 18. That Berkeley Municipal Code 23.310.020 be amended to read:

A. Applicability.

1. This section applies to any application to begin alcoholic beverage sales or service, excluding alcoholic beverage service incidental to a food service establishment (see 23.310.030 (Alcoholic Beverage Service When Incidental to a Food Service).

B. Permit Required.

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18 Ordinance No. #,###-N.S. Page 18 of 25

1. An Administrative Use Permit is required to begin service of alcoholic beverages, except as provided in 23.310.030 (Alcoholic Beverage Service When Incidental to Food Service).

2. To increase sales and service of alcoholic beverages, an existing Administrative Use Permit or Use Permit may be modified with an AUP regardless of the original review authority.

C. Findings of Public Convenience or Necessity. To approve a permit for alcoholic beverage sales or service, the decision-making body must make the following findings:

1. The number of alcoholic beverage sales licensees in the census tract does not exceed the limit set by the Department of Alcoholic Beverage Control, as defined in California Business and Professions Code Section 23958.4; and

2. At least one of the following:
a. The proposed establishment will promote the City’s economic health, contribute to General Plan or area plan policies, or further the district purpose. b. The economic benefits associated with the establishment could not reasonably be achieved without the proposed alcohol sales or service. c. The applicant has operated a licensed establishment that has not been the subject of violations regarding alcohol, or violations of public safety or nuisance statutes or regulations in Berkeley. In making this finding, the decision-making body may consider the number, frequency, and severity of prior violations, the time elapsed since the last violation, and other relevant factors.

3. If the number of alcoholic beverage sales licenses in the census tract exceeds the limit set by the Department of Alcoholic Beverage Control; the decision-making body must find that the public convenience or necessity would be served by approving alcohol sales at the proposed location for any two or more of the following reasons:
a. The proposed establishment will promote the City’s economic health, contribute to General Plan or area plan policies, or further the purposes of the district. b. The economic benefits associated with the establishment could not reasonably be achieved without the proposed alcohol sales or service. c. The sale of alcoholic beverages will enhance recreational or entertainment opportunities in the area.
d. The sale of alcoholic beverages complements the sale of other goods and merchandise at the location.

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19 Ordinance No. #,###-N.S. Page 19 of 25
e. The issuance of a license at the proposed location will improve the convenience of area residents and visitors who purchase alcoholic beverages.

Section 19. That Berkeley Municipal Code 23.310.030 be amended to read:

A. Permits Required. Table 23.310-1 shows permits required for alcoholic beverage service when incidental to a food service establishment. If more restrictive requirements than what is permitted in Table 23.310-1 are imposed as a condition of approval on an existing AUP or UP, the use may be modified with an AUP regardless of the original review authority.

Table 23.310-1: Permits Required for Alcoholic Beverage Service Permit Required Based on
Type of Beverages Served When Incidental to Food
Service
District Beer and Wine Distilled Spirits

R-SMU UP(PH) UP(PH)

R-BMU ZC UP (PH)
All Commercial
Districts ZC AUP

MU-LI, MU-R AUP AUP
B. Incidental Beer and Wine Service Standards. The following standards apply to beer and wine service incidental to a food service establishment.

1. Licensing.
a. The food service establishment shall comply with all applicable regulations of the California Department of Alcoholic Beverage Control. b. An operator of the licensed establishment may not have a prior licensed establishment that was the subject of verified complaints or violations regarding alcohol, public safety, or nuisance statutes or regulations before issuance or transfer of a business license at this location.

2. Service.
a. Beer and wine beverage service shall be incidental to the primary food service use.
b. Beer and wine service incidental to seated food service shall only be allowed at a bona fide eating place making actual and substantial sales of meals as

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20 Ordinance No. #,###-N.S. Page 20 of 25
determined and required by the California Department of Alcoholic Beverage Control.
c. The sale of beer and wine for off-site consumption is not permitted. d. Hours of operation are subject to review and amendment by the review authority as necessary to avoid detriment to the neighborhood or to achieve conformance with revised City of Berkeley standards or policies.

3. Operation.
a. The food service establishment must operate at least five days a week. b. The service of beer and wine shall be limited to normal meal hours (per California Department of Alcoholic Beverage Control) during the food service establishment’s hours of operation.
c. During the food service establishment’s hours of operation, all customer accessible areas shall be available for meal service and the food service establishment must possess the necessary utensils, and condiment dispensers with which to serve meals to the public.
d. The owner or operator of the establishment shall take reasonable measures to prevent disturbances by patrons in the immediate vicinity. Such measures shall include:
i. Signs reminding patrons of nearby residences and requests not to congregate or loiter near such residences nor operate vehicles in a noisy manner on residential streets; and
ii. Surveillance to public areas near the establishment, keeping public areas free of trash and litter, providing lighting, and otherwise preventing conduct that might disturb the peace and quiet of residences in the vicinity. e. The operator shall assume reasonable responsibility for ensuring that patrons do not block the entrance or interfere with pedestrian activity on the adjacent public sidewalk.
f. The applicant shall establish cash handling procedures to reduce the likelihood of robberies and theft.

4. Advertising.
a. Establishments shall comply with Municipal Code Chapter 20.67 (Alcohol Product Advertising)

5. Training.
a. The operator shall finish a Crime Prevention through Environmental Design (CPTED) survey before beginning alcohol service.

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b. All employees selling and/or serving beer and wine, or directly supervising such sales and/or service, shall comply with Municipal Code Section 9.84.030 (Responsible Beverage Service Training) and finish the Licensee Education on Alcohol and Drugs (LEAD) program, or another equivalent program offered or certified by the California Department of Alcoholic Beverage Control within 90 days of employment at the establishment. Employees who have finished the course within the last 12 months are exempt from this requirement.

Section 20. That Berkeley Municipal Code 23.324.040(B)(2)(b) be amended to read:
b. Uses with Major Investments. Lawful nonconforming food services establishments with cooking or food preparation facilities, gas/auto fuel stations, theaters, manufacturing plants with specifically designed fixed facilities and other uses which represent a major investment in physical plant or facilities shall not be considered or declared terminated, regardless of the duration of non-use, unless:
i. Such fixed structures, equipment, or facilities are removed; or ii. Other uses could not be established without major removal of or extensive remodeling or replacement of structures associated with the previous established use.

Section 21. That Berkeley Municipal Code 23.502.020(B)(4) be amended to read:

4. Bar/Cocktail Lounge/Tavern/Tap Room/Wine Tasting. A business devoted to serving alcoholic beverages for consumption by guests on the premises and in which the serving of food is incidental to the consumption of such beverages.

Section 22. That Berkeley Municipal Code 23.502.020(D) be amended to read:

D. “D” Terms.

1. Deck. An unenclosed structure, usually made of wood, built to provide a solid continuous surface for outdoor use and/or access to a door, which is accessible from the ground level, directly or from a connecting stairway and is separated from the ground by an air space.

2. Demolition. A building or enclosed structure shall be considered demolished for the purposes of this chapter when, within any continuous 12-month period, such building or enclosed structure is destroyed in whole or in part or is relocated from one lot to another. For purposes of this definition, destroyed in part means when 50 percent or more of the enclosing exterior walls and 50 percent or more of the

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22 Ordinance No. #,###-N.S. Page 22 of 25
roof are removed. Removal of facades or portions of facades requires Design Review.

3. Density. See 23.106.100 - Residential Density

4. Density Bonus. See 23.332.020 (Definitions).

5. Department. The Planning and Development Department of the City of Berkeley or its successor administrative unit.

6. Department Store. A retail store selling several kinds of merchandise, which are usually grouped into separate sections, including but not limited to, apparel, housewares, household hardware, household appliances, household electronics and gifts.

7. Dormer. A projection built out from a sloping roof, usually housing a vertical window or ventilating louver. See also 23.304.110 (Dormers).

8. Dormitory. A building providing group living accommodations, occupied by individuals not sharing a common household, characterized by separate sleeping rooms without individual kitchen facilities and containing congregate bath and/or dining facilities or rooms.

9. Drive-in Uses. A use where a customer is permitted or encouraged, either by the design of physical facilities or by the service and/or packaging procedures offered, to be served while remaining seated within an automobile. This use includes drive- through food service establishments, financial services (banks), and automatic carwashes.

10.Driveway. A paved, vehicular accessway connecting an off-street parking space or parking lot with a public or private street.

11.Drug Paraphernalia. As defined in California Health and Safety Code Section 11364.5(d).

12.Drugstore. A retail establishment where the profession of pharmacy is practiced and/or where licensed prescription drugs and general merchandise are offered for sale. A food products store with a pharmacy is not a drugstore.

13.Dry Cleaning and Laundry Plants. A place where clothes are dry cleaned, dyed and/or laundered as part of a commercial business, whether or not such clothes were deposited by a customer at that location, or transported from another location, as part of a service. This use includes all establishments subject to Section 19233 of the State of California Business and Professions Code, regulating Dry Cleaning Plants, but excludes laundromats and cleaners as defined in this chapter.

14.Duplex. A building or use of a lot designed for, or occupied exclusively by, two households.

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15.Dwelling Unit. A building or portion of a building designed for, or occupied exclusively by, persons living as one household.

Section 23. That Berkeley Municipal Code 23.502.020(F) (11) be amended to read:

11.Food Service Establishments. An establishment which in whole or in part prepares food or beverages for immediate consumption on or off the premises.

Section 24. That Berkeley Municipal Code 23.502.020(G)(6) be amended to read:

6. Group Instruction. An establishment that offers specialized programs in personal growth, development, and instruction in artistic, cultural, and academic pursuits, including music and choral schools, performing arts, arts and crafts, cooking, tutoring, martial arts and self-defense training. Excludes spaces designed exclusively for public performance.

Section 25. That Berkeley Municipal Code 23.502.020(G)(9) be removed.

Section 26. That Berkeley Municipal Code 23.502.020(H)(2) – (11) be amended to read:

2. Health and Fitness Facility. A facility where exercise equipment, swimming pools, group or aerobic classes (including yoga and Pilates) and other activities related to person health and fitness are available to customers or members.

Excludes park/playground.

3. Hedge. Any line or row of plants, trees or shrubs planted in a continuous line to form a dense thicket or barrier.

4. Height of Building, Average. See 23.106.090.A (Average Building Height).

5. Height of Building, Maximum. See 23.106.090.B (Maximum Building Height).

6. Home Occupation. A business use conducted on property developed with a residential use, which is incidental and secondary to the residential use, does not change the residential character of the residential use, is limited so as not to substantially reduce the residential use of the legally established dwelling, Accessory Dwelling Unit, Accessory Building or Group Living Accommodation room and is operated only by the residents of the subject residence.

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There are three classification of Home Occupations. For the purposes of this section, a "customer" is considered a single paying customer, but may include more than one person receiving the services at the same time:
(1) Class I Home Occupation--Involves no more than five customer visits per day, with no more than four persons receiving services at a time. This class does not allow shipping of goods directly from the subject residence. (2) Class II Home Occupation--Involves no more than ten customer visits per day, with no more than four persons receiving services at a time and no more than one non-resident engaging in business-related activities on-site.

This class does not allow shipping of goods directly from the subject residence.
(3) Class III Home Occupation--Involves more than ten customer visits per day, with no more than four persons receiving services at a time and no more than one non-resident engaging in business-related activities on-site and/or involves shipping of goods directly from the subject residence.

7. Hospital. A facility for in-patient medical care licensed under California Administrative Code, Title 17, Section 237 or 238.

8. Hot Tub. A tub or small pool, usually made of wood or fiberglass, in which heated water is maintained for recreational or therapeutic activities, including, but not limited to, jacuzzis, whirlpools and spas.

9. Hotel, Residential. A type of group living accommodations which provides rooms for rent for residential purposes, including single residential occupancy (SRO) rooms.

10. Hotel, Tourist. A building with sleeping rooms used, designed, or intended for occupancy by transient guests for a period not to exceed 14 consecutive days.

This use includes inns, bed and breakfasts (B&Bs), and hostels, and excludes building with residential hotel rooms and dwelling units.

11. Household. One or more persons, whether or not related by blood, marriage or adoption, sharing a dwelling unit in a living arrangement usually characterized by sharing living expenses, such as rent or mortgage payments, food costs and utilities, as well as maintaining a single lease or rental agreement for all members of the household and other similar characteristics indicative of a single household.

12. Household Income, Gross. The income of all adult members of the household as determined by the guidelines used by the Berkeley Housing Authority for its administration of the Section 8 Rental Subsidy Program. For purposes of this definition, household is the same as Family in the federal Section 8 Existing

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25 Ordinance No. #,###-N.S. Page 25 of 25
Housing Program or its future equivalent. Classification of Households, based on income, shall be based on the following percentages of the Oakland Primary Metropolitan Statistical Area (PMSA) statistical figures for income of the most recent U.S. Census that are available:
(a) Low Income Household. A household whose gross income is greater than 80 percent and less than 100 percent of the median income. (b) Lower Income Household. A household whose income is no greater than 80 percent and above 50 percent of the median income.
(c) Very Low Income Household. A household whose gross income is 50 percent or less of the median income.

Section 27. That Berkeley Municipal Code 23.502.020(S)(31) be amended to read:

31. Studio. See Art/Craft Studio.

Section 28. 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 February 27, 2024, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: None.

Absent: None.

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

CONSENT CALENDAR
March 12, 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 March 12, 2024

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

FISCAL IMPACTS OF RECOMMENDATION
Total estimated cost of items included in this report is $3,676,000

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
Civic Center Park Upper
Plaza Improvements
138
336
511
Parks Tax
CalTrans Grant
Measure T1
$1,676,000
Gun Violence Intervention
and Prevention Program 011 General Fund $2,000,000
Total: $3,676,000

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Formal Bid Solicitations and Request for Proposals CONSENT CALENDAR Scheduled for Possible Issuance After Council March 12, 2024 Approval on March 12, 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 March 12, 2024
a. Civic Center Park Upper Plaza Improvements
b. Gun Violence Intervention and Prevention Program
Note: Original of this attachment with live signature of authorizing personnel is on file in General Services.

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NEXT 30 DAYS
DATE SUBMITTED: MARCH 12, 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
24-11658-C Civic Center Park
Upper Plaza
Improvements
March-24 April-24 This project includes ADA
improvements, restoration of the
flagstone, and historic
preservation.
$1,676,000.00 Parks Tax- $204,334
138-52-545-000-0000-
000-461-663110
PRWPK21008
CalTrans Grant-
$591,666
336-52-545-000-0000-
000-461-663110
PRWPK21008
Measure T1- Phase 2-
$880,000
511-52-545-000-0000-
000-461-663110
PRWPK21008
PRW/
Capital Projects
Christine Mohanna
x6432
Evelyn Chan
X6430
DEPT. TOTAL

$ 1,676,000.00
24-11659-C Gun Violence
Intervention and
Prevention Program
3/20/2024 4/12/2024 The City of Berkeley is soliciting
written proposals from qualified
firms or individuals to work with
the City of Berkeley
to establish
and implement a Gun Violence
Intervention and Prevention
Program. This comprehensive
program aims to adopt a multi-
pronged strategy, focusing on
problem-solving at identified
areas of increased shootings,
custom notifications, street
outreach, and social services
integration. Specifically, the City
seeks proposals for the design
and execution of custom
notifications and street outreach
components.
$1,000,000.00 Per
Fiscal Year,
$2,000,000.00 Total
011-21-201-000-0000-000-
612-612990
City Manager’s Office /
Reimagining Public Safety
Carianna Arredondo
carredondo@berkel
eyca.gov
510-295-7706
DEPT. TOTAL

$ 2,000,000.00
TOTAL $ 3,676,000.00
1 of 2

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

CONSENT CALENDAR
March 12, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Amy Davidson, Deputy Director, Health, Housing, and Community Services
Subject: Grant Application: California Affordable Housing and Sustainable Communities Infrastructure in connection with the proposed North Berkeley BART (NBB) BRIDGE Phase 1 Project.

RECOMMENDATION
Adopt a Resolution:

1. Authorizing the City Manager to negotiate, enter into, and cause the City to perform its obligation under an agreement (including amendments) with BRIDGE Housing Corporation and/or their affiliates relating to a grant application to the California Affordable Housing and Sustainable Communities (AHSC) program for project-related transportation and infrastructure improvements for the North Berkeley BART (NBB) BRIDGE Phase 1 affordable housing project at the North Berkeley BART Station Area, for a total AHSC award amount of up to $50 million.

2. Authorizing the City Manager to accept up to $5.8 million in state AHSC funds and complete selected transportation improvements if awarded.

SUMMARY
If the AHSC application is successful, the City will receive up to $5.8 million for transportation projects related to the NBB BRIDGE Phase 1 project. The City scope and budget may decrease depending on the final combination of transportation projects proposed in the AHSC application. To maximize the application’s competitiveness, consultants are evaluating various combinations of transportation projects. Therefore, the scope is still being refined as of the writing of this report in order to ensure meeting the application deadline.

FISCAL IMPACTS OF RECOMMENDATION
BRIDGE Housing Corporation (BRIDGE) will apply for AHSC program funds for housing development and transportation improvements for its NBB BRIDGE Phase 1 project.

BRIDGE will apply for up to $50 million to support housing development costs for the project and the costs for bikeway and pedestrian improvements on and adjacent to the site. The housing portion of the application does not require City participation, and

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Grant Application: California Affordable Housing CONSENT CALENDAR Sustainable Communities Infrastructure March 12, 2024

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housing funds will be loaned directly to BRIDGE without passing through the City. The housing portion of the application cannot go forward without the transportation and infrastructure portion discussed in this report.

The application will also include funding requests for transportation projects, including projects that would be implemented by the City. If awarded, BRIDGE’s AHSC application would bring up to $5.8 million of competitive grant revenue to fund bicycle, pedestrian, and transit improvements that were previously identified in City plans. The resolution authorizes the City Manager to enter into an agreement that will allow the project sponsor to pass through the funds to the City if the application is successful.

If the AHSC grant application is successful, the City will need to complete the agreed upon projects within five years of the grant award. The resulting City agreement is expected to include generally customary provisions requiring the City to (i) complete the agreed improvements by the deadline, (ii) be responsible for any funding shortfalls, and (iii) not seek reimbursement for any grant amounts not otherwise spent on the projects.

CURRENT SITUATION AND ITS EFFECTS
BRIDGE is pursuing AHSC funding to support its affordable housing development (NBB BRIDGE Phase 1 project) at North Berkeley BART. In order to be eligible for up to $35 million in housing development funds, the application must include transportation and infrastructure improvements consistent with a complex system of AHSC program priorities. The improvements will be implemented by BRIDGE, the City of Berkeley, and BART.

The project team has been meeting to strategize on the combination of transportation improvements that will help the application score most competitively. The improvements to be implemented by the City of Berkeley include construction of a Class II bicycle lane on Sixth Street (from Camelia Street to University Avenue) and bus stop improvements including five corner sidewalk extensions (“bulbouts”) and three new transit shelters within the project area (within one mile of the North Berkeley BART site). The City’s share of the AHSC grant funds for the bike lane and bus stop improvements will not exceed $5.8 million.

The grant application will request up to $15 million for various activities, including the City transportation projects. The AHSC grant will also fund BRIDGE’s bike and pedestrian infrastructure improvements on and adjacent to the site, new train cars or another greenhouse-gas reducing transit component by BART, and anti-displacement activities. The City will have no direct role or responsibility in implementing the BRIDGE, BART, and anti-displacement activities.

BACKGROUND
Administered by the Strategic Growth Council and implemented by the Department of Housing and Community Development (HCD), the AHSC Program funds land-use, housing, transportation, and land preservation projects to support infill and compact

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Grant Application: California Affordable Housing CONSENT CALENDAR Sustainable Communities Infrastructure March 12, 2024

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development that reduce greenhouse gas emissions. Funding for the AHSC Program is provided from the Greenhouse Gas Reduction Fund, an account established to receive Cap-and-Trade auction proceeds. The City and BRIDGE previously were successful in applying for and utilizing AHSC program funds for the Berkeley Way development project.

On December 13, 2022 and July 25, 2023 with Resolutions Number 70,643 and Number 70,991, the City Council approved predevelopment funding reservations totaling $2,000,000 for the development of permanently affordable housing at the North Berkeley BART Station Area. This predevelopment funding is part of a commitment made by the City of Berkeley through Resolution Number 68,833 to provide up to $26.5M for affordable housing development at the site. The NBB BRIDGE Phase 1 project is one of four affordable projects proposed for development at the North Berkeley BART station.

The intent is to leverage City funding with funding from the state’s AHSC program, for which applications are due on March 19. The goal of the AHSC program is to reduce greenhouse gas emissions, and projects are required to incorporate certain transportation improvements. BRIDGE will complete some transportation improvements, including bicycle and pedestrian infrastructure, that are the collective responsibility of the North Berkeley BART development team. However, those improvements are not sufficient to meet the AHSC program’s threshold requirements.

BRIDGE requested that the City partner with them on the application and complete certain AHSC-funded transportation improvements to help meet the program requirements and ensure a competitive application.

BRIDGE is working with Community Development Resource Group, which has a proven track record of successful AHSC applications. The consultants have been evaluating the AHSC scoring criteria and transportation project options, and have advised on strategies that have the greatest chance of achieving the highest scores possible. The project team strategized on the most competitive combination of transportation projects to propose and determined that a portion of the AHSC grants will support City projects identified in this report.

The City will not be a joint applicant, but will need to enter into a side agreement with BRIDGE in order to receive state AHSC funding passed through the project to the City- sponsored transportation projects. The City will need to commit to completing those transportation projects within five years of the grant award. Completion of the transportation projects in a timely way will be necessary for the projects to receive the AHSC housing funds; the City’s default would mean the loss of AHSC funds totaling up to $50 million. For that reason, agreeing to participate in this program means the City will need to prioritize completion of those projects without which the City will expose itself to liability for those losses. The side agreement will address liability and

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indemnification as well as the grant activities themselves. This was taken into consideration as the potential projects were identified.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The purpose of the AHSC program is to reduce greenhouse gas emissions in California.

All of the projects identified for the funding will help accomplish that goal. Increasing cycling and walking would help the City achieve the Berkeley Climate Action Plan greenhouse gas emission reduction targets of 80% below year 2000 levels by 2050.

The Climate Action Plan states that, in order to meet these targets, “Transportation modes such as public transit, walking and bicycling must become the primary means of fulfilling our mobility needs.”

RATIONALE FOR RECOMMENDATION
The City transportation and infrastructure projects proposed for inclusion in this AHSC funding application were all previously identified in existing City plans, including the City’s Bicycle Plan and Transit-First Policy Implementation Plan. This funding opportunity has the potential to provide up to a total of $15 million for various activities, including the City’s transportation-related infrastructure improvements in the project area. The AHSC funds would also support bicycle and pedestrian improvements carried out by BRIDGE and a BART-sponsored project (either new BART train cars or infrastructure improvements). If the grant application is successful, staff believes that the AHSC funds will be sufficient for the City to complete its required transportation and infrastructure improvements, based on current cost estimates. In the event the estimates are higher than budgeted, the City will be required to make up any shortfalls from other sources.

Accepting this AHSC grant also poses some risks. City staff believes that the City can reasonably bear these risks in light of (i) the understanding that all of the anticipated costs have already been identified or budgeted, (ii) the expectation that all CEQA and NEPA approvals will be received in timely manner, (iii) the City’s general extensive experience with executing similar transportation and infrastructure projects, and specific understanding that all of the projects at issue can be completed within the required five- year period, and (iv) other than customary requirements for carrying out any public works project, staff is not aware of any other significant pre-conditions or risks for the City executing the projects. Specific design, construction, procurement and related contracts to deliver the City projects will be subject to customary City approvals at the appropriate times, including Council approval when otherwise required.

ALTERNATIVE ACTIONS CONSIDERED
The City could choose not to participate in the AHSC application, which would result in less competitive application for BRIDGE and may impact their ability to secure funding to support the affordable housing development. Without City’s participation, the application would have difficulty achieving full points for active transportation

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Grant Application: California Affordable Housing CONSENT CALENDAR Sustainable Communities Infrastructure March 12, 2024

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improvements. In addition, it would mean forgoing an opportunity to access up to $5.8 million for previously identified transportation infrastructure projects.

CONTACT PERSON
Jenny Wyant, Senior Community Development Project Coordinator, HHCS, 510- 981-5228
Eric Anderson, Principal Planner, Public Works, 510-981-7060 Attachment:
1: Resolution

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

CALIFORNIA AFFORDABLE HOUSING AND SUSTAINABLE COMMUNITIES

INFRASTRUCTURE GRANT APPLICATION AND AGREEMENT WITH PROPOSED NORTH BERKELEY BART (NBB) BRIDGE PHASE 1 PROJECT
WHEREAS, on April 27, 2021, with Resolution 69,883-N.S., the City Council reserved $53 million, to be divided between the North Berkeley and Ashby BART sites, as the subsidy needed to achieve 35% affordability, and allowed for a portion of that funding to be considered for predevelopment costs associated with affordable housing; and WHEREAS, on December 13, 2022 and July 25, 2023, City Council adopted Resolutions No. 70,643-N.S. and No. 70,991-N.S., reserving funding for predevelopment activities at the North Berkeley BART site; and
WHEREAS, on January 19, 2024, the California Strategic Growth Council and the California Department of Housing and Community Development released the Notice of Funding Availability with approximately $675 million in funds for the Affordable Housing and Sustainable Communities (AHSC) Program; and
WHEREAS, BRIDGE Housing Corporation and and/or its affiliate proposes to apply for AHSC funding prior to the due date of March 19, 2024 for approximately $50 million to support affordable housing development (the “NBB BRIDGE Phase 1 Project”), as well as transportation and infrastructure improvements within one mile of the North Berkeley BART site (the “project area”); and
WHEREAS, if the application is successful, the City would receive up to approximately $5.8 million to support the Sixth Street Bicycle Lane and bus stop improvements within the project area (the “City Transportation Projects”); and WHEREAS, the City Transportation Projects support the traffic safety, climate, and equity policy goals and infrastructure recommendations of Berkeley City Council approved transportation plans, including the Bicycle Plan (2017), Pedestrian Plan (2020), Vision Zero Action Plan (2020), and Transit-First Policy Implementation Plan (2023); and WHEREAS, the amount of funding for and scope of City Transportation Projects may be reduced depending on the final cost estimate for other projects that will also be paid for out of the AHSC grant; and
WHEREAS, the City will not be a joint applicant, but will need to enter into a side agreement with BRIDGE in order to receive state AHSC funding passed through the project to the City-sponsored transportation projects.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to negotiate, enter into and cause the City to perform its obligations under an agreement (including amendments) with BRIDGE Housing

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Corporation and its affiliates relating to a grant application to the California Affordable Housing and Sustainable Communities (AHSC) program for NBB BRIDGE Phase 1 project-related transportation and infrastructure improvements, for a total amount up to $5.8 million for City projects, and to accept and perform the grants if awarded.

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

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to apply for and accept funds from the State of California's Prohousing Incentive Program, in an amount not to exceed $1,250,000.

FISCAL IMPACTS OF RECOMMENDATION
The City of Berkeley is eligible to apply for up to $1,250,000 through HCD’s Prohousing Incentive Program (PIP). The final award amount will be decided as part of the competitive application. The funding would be used to support Housing and Community Services’ (HCS) programs in support of lower income or unhoused residents, including the Housing Trust Fund program and/or eligible homeless services.

CURRENT SITUATION AND ITS EFFECTS
Jurisdictions must receive Prohousing Designations from HCD by March 30, 2024 to be eligible for PIP funds. HCS staff submitted an application for the Prohousing Designation Program in August 2023 and anticipates HCD approval by the PIP deadline. Applicants that have not received PIP funds in prior funding rounds will be given priority, which includes City of Berkeley.

PIP funds can be used to support a variety of planning or implementation activities related to housing and community development carried out by HCS within the Department of Health, Housing, and Community Services. HCS staff anticipate using the funds for one or both of the following eligible activities: 1) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live- work, or rental housing that is affordable to extremely low-, very low-, low-, and moderate-income households, including necessary operating subsidies; or 2) Assisting persons who are experiencing or at risk of homelessness, including providing rapid rehousing, rental assistance, navigation centers, emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing, and 3) grant administration activities (within the established limit of funds).

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Application to and Participation in the Prohousing Incentive Program CONSENT CALENDAR March 12, 2024

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BACKGROUND
On January 23, 2024, HCD released the Notice of Funding Availability (NOFA) Round 2 for approximately $9.5 million under the Prohousing Incentive Program. The PIP complements the Prohousing Designation Program and is designed to encourage jurisdictions to obtain a Prohousing Designation and reward jurisdictions that pursue additional Prohousing Policies to earn a higher Prohousing Designation Score. The PIP is intended to increase participation in HCD’s Prohousing Designation Program by pairing the designation with an impactful award grant to create and conserve affordable housing. Applications are due to HCD on March 15, 2024.

HCD will award PIP funds to eligible jurisdictions with Prohousing Designation, with additional bonus dollars available based on a jurisdiction’s Prohousing Designation Program application score. Resolution No. 70,945-N.S. adopted by the Council on July 11, 2023 authorized the City of Berkeley’s application and participation in the Prohousing Designation Program.

The City is required to use the resolution template provided by the state for this council item.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no environmental sustainability and climate impacts directly associated with the recommendations in this report.

RATIONALE FOR RECOMMENDATION
If approved, an application for PIP funds will make up to $1,250,000 available for Berkeley to support City programs that serve lower income or unhoused populations.

ALTERNATIVE ACTIONS CONSIDERED
The City could decline to participate in the Prohousing Incentive Program. Since that would not be consistent with the City’s Strategic Plan to increase affordable housing opportunities, staff are recommending participation as described above.

CONTACT PERSON
Asavari Devadiga, Community Development Project Coordinator, HHCS, (510) 981- 5426
Attachment:
1: Resolution

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

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BERKELEY

AUTHORIZING APPLICATION FOR, AND RECEIPT OF, PROHOUSING INCENTIVE

PROGRAM FUNDS
WHEREAS, pursuant to Health and Safety Code 50470 et. Seq, the California Department of Housing and Community Development (Department) is authorized to issue Guidelines as part of an incentive program (hereinafter referred to by the Department as the Prohousing Incentive Program or “PIP”); and
WHEREAS, the City Council of the City of Berkeley desires to submit a PIP grant application package (“Application”), on the forms provided by the Department, for approval of grant funding for eligible activities toward planning and implementation activities related to housing and community development as a result of meeting eligibility criteria including but not limited to Prohousing Designation; and WHEREAS, the Department has issued Guidelines and Application on January 23, 2024 in the amount of $9,483,402.17 for PIP;
NOW THEREFORE, the City Council of the City of Berkeley (“Applicant”) resolves as follows:

SECTION 1. The City Manager or their designee is hereby authorized to and directed to submit an Application to the Department in response to the NOFA, and to apply for the PIP grant funds in a total amount not to exceed $1,250,000; SECTION 2. In connection with the PIP grant, if the Application is approved by the Department, the City Manager or their designee of the City of Berkeley is authorized and directed to enter into, execute, and deliver on behalf of the Applicant, a State of California Agreement (Standard Agreement) for the amount of $1,250,000, and any and all other documents required or deemed necessary or appropriate to evidence and secure the PIP grant, the Applicant’s obligations related thereto, and all amendments thereto; and SECTION 3. The Applicant shall be subject to the terms and conditions as specified in the Guidelines, and the Standard Agreement provided by the Department after approval.

The Application and any and all accompanying documents are incorporated in full as part of the Standard Agreement. Any and all activities funded, information provided, and timelines represented in the Application will be enforceable through the fully executed Standard Agreement. Pursuant to the Guidelines and in conjunction with the terms of the Standard Agreement, the Applicant hereby agrees to use the funds for eligible uses and allowable expenditures in the manner presented and specifically identified in the approved Application.

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

CONSENT CALENDAR
March 12, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Aram Kouyoumdjian, Director of Human Resources Subject: Amendment to Contract No. 8392 with Innovative Claim Solutions (ICS) for Workers’ Compensation Claims Administration

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 8392 with Innovative Claims Solutions (ICS) for third-party administration of workers’ compensation claims through June 30, 2025 for a total contract amount not to exceed $9,202,243.

FISCAL IMPACTS OF RECOMMENDATION
The proposed amendment to Contract No. 8392 with Innovative Claim Solutions will add a total of $1,191,813 to the original contract through the end of Fiscal Year 2025.

Funding for the contract is available in the Workers’ Compensation Self-Insurance Fund (budget code 676-00-000-000-0000-000-000 102127).

Original Contract Amount (7/1/2016 – 6/30/2023) $8,010,430 Amount of Contract Amendment:

FY 2023-2024 Program Year: $587,100
FY 2024-2025 Program Year: $604,713
$1,191,813
Total New Contract Amount $ 9,202,243

CURRENT SITUATION AND ITS EFFECTS
ICS provides third-party claims administration services for the City’s Workers’ Compensation Program; in addition, it handles Medicare, Medicaid, and SCHIP Extension Act (MMSEA) Section 111 Mandatory Reporting to the Centers for Medicare & Medicaid Services (CMS).

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Amendment to Contract No. 8392 with ICS CONSENT CALENDAR March 12, 2024
2 Amendment to the City’s current contract with ICS is required in order to ensure that the Workers’ Compensation Program is sufficiently funded through June 30, 2025, that claims are timely processed, and that the operation of the program complies with all applicable workers’ compensation laws and regulations.

BACKGROUND
Third-party claim management services for a workers’ compensation program consist of responsibility for claims management including, but not limited to, approval of claims that arose out of the course and scope of employment, and procurement of services and payment of bills on behalf of injured employees. These expenses include, but are not limited to, medical; legal; temporary and permanent disability payments; and future medical needs of injured employees.

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
Innovative Claim Solutions has provided quality claim management services throughout the terms of the contract, which requires amendment so that the City’s Workers’ Compensation Program is sufficiently funded through June 30, 2025.

ALTERNATIVE ACTIONS CONSIDERED
None.

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

Cari McDonald, Associate Human Resources Analyst, (510) 981-6816.

Attachment:
1: Resolution

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

AMENDMENT TO CONTRACT NO. 8392 WITH INNOVATIVE CLAIM SOLUTIONS WHEREAS, the City of Berkeley is certified by the State of California Department of Industrial Relations under Labor Code Sections 3700 and 3705 to self-insure for providing statutorily required workers’ compensation benefits to its employees; and WHEREAS, on April 26, 2016, the Berkeley City Council adopted Resolution No. 67,436 that authorized the City Manager to amend the contract with ICS for third-party administrative services for the City’s Workers’ Compensation Program by extending the term through June 30, 2021; and
WHEREAS, on July 27, 2021, the Berkeley City Council adopted Resolution No. 69,977-N.S., for further amendment of the contract with ICS for the period July 1, 2021 through June 30, 2022; and
WHEREAS, on September 13, 2022, the Berkeley City Council adopted Resolution No. 70,507-N.S., for further amendment of the contract with ICS for the period July 1, 2022 through June 30, 2025; and
WHEREAS, amendment of the current contract is necessary in order to ensure that adequate funding is authorized for ICS to continue third-party administration of the City’s Workers’ Compensation Program and also to handle Medicare, Medicaid and SCHIP Extension Act (MMSEA) Section 111 mandatory reporting to the Centers for Medicare & Medicaid Services (CMS) on behalf of the City; NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to amend Contract No. 8392 with Innovative Claim Solutions for third-party administration services for both the City’s Workers’ Compensation Program and MMSEA Reporting to the CMS, through June 30, 2025, and to increase the original contract amount by an additional $1,191,813 for a total contract amount of $9,202,243. All expenses are to be paid from the Workers’ Compensation Self- Insurance Fund, budget code (676-00-000-000-0000-000-000-102127); and BE IT FURTHER RESOLVED that a record signature copy of said contract and any amendments are to be on file in the Office of the City Clerk.

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RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32400083 with WBCP, Inc. for recruitment services to cover the period of October 2, 2023 through June 30, 2026, for a total cost not to exceed $350,000.

FISCAL IMPACTS OF RECOMMENDATION
Funding for the contract will be provided by user departments from various budget codes.

CURRENT SITUATION AND ITS EFFECTS
Although the City has consistently notched net gains in hiring (over attrition) throughout the past year, the Human Resources Department has limited bandwidth for executive recruitment when vacancies occur in the City Manager’s Office or at the level of department directors and deputy directors. In such instances, and in cases where niche recruitment efforts are necessary to ensure viable applicant pools for hard-to-fill classifications, an outside agency can be a specialized recruitment resource for HR.

BACKGROUND
WBCP, Inc. has provided much-needed services to the City with regard to executive recruitment. Thanks to its efforts, the City was recently able to fill both of its Deputy Director of Public Works vacancies. WBCP, Inc. has also conducted outreach campaigns for the City, targeting hard-to-fill classifications (e.g., in the field of engineering).

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

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Internal
Contract Amendment: WBCP, Inc. Recruitment Agency CONSENT CALENDAR March 12, 2024

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RATIONALE FOR RECOMMENDATION
Specialized and time-incentive recruitments for executive or hard-to-fill classifications require services by external firms, and WBCP, Inc.’s record of success in finding high- caliber candidates for the City – and particularly for the Public Works Department – warrants extension of the City’s contract with the firm with an amended contract amount not to exceed $350,000.

ALTERNATIVE ACTIONS CONSIDERED
None.

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

Attachments:
1: Resolution

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

CONTRACT AMENDMENT: WBCP, INC. RECRUITMENT AGENCY
WHEREAS, the Human Resources Department conducts recruitments and maintains employment lists of qualified individuals for career and temporary positions; and WHEREAS, the City may require specialized services to recruit for executive and hard- to-fill classifications; and
WHEREAS, the Human Resources Department has limited bandwidth for such time- intensive recruitments; and
WHEREAS, the WBCP, Inc. recruitment agency has conducted successful recruitments for the City, most recently for both Deputy Director of Public Works vacancies; WHEREAS, expenditures for these services will be paid from a variety of funding sources in the budgets of individual operating departments when executive or niche recruitment services are required;
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. 32400083 with WBCP, Inc. for an amount not to exceed $350,000 for the period covering October 2, 2023 through June 30, 2026; and
BE IT FURTHER RESOLVED that a record signature copy of said contract and any amendments be on file in the Office of the City Clerk.

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Office of the City Manager

CONSENT CALENDAR
March 12, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Aram Kouyoumdjian, Director of Human Resources Subject: Salary Adjustments: Electrical Supervisor and Communications Supervisor

RECOMMENDATION
Adopt a Resolution adjusting the salary range for Electrical Supervisor and Communications Supervisor to consist of three steps ranging from $62.8856 per hour to $66.6047 per hour, effective March 12, 2024.

FISCAL IMPACTS OF RECOMMENDATION
The recommended 3% salary increase results in an increase of approximately $4,035.00 annually at the top step per classification.

CURRENT SITUATION AND ITS EFFECTS
The Electrical Supervisor and Communications Supervisor job class specifications were established on May 9, 2023 as unrepresented classes with five salary steps. They are currently represented by International Brotherhood of Electrical Workers (IBEW), and after a meet-and-confer process with the union, and subsequent compensation studies, the recommendation is to increase the salary ranges by 3%, and reduce the number of steps within the range to three steps to align with other classifications represented by IBEW, Local 1245. The positions are currently vacant.

Current Proposed
Step 3 61.0540 62.8856
Step 4 62.8594 64.7452
Step 5 64.6648 66.6047

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Internal
Salary Adjustments: Electrical Supervisor and Communications Supervisor CONSENT CALENDAR March 12, 2024

BACKGROUND
Both the Electrical Supervisor and Communications Supervisor classifications were established on May 9, 2023 as front-line supervisors in the Facilities Division of Public Works, supporting the installation, maintenance, and repair of the City’s electrical and communications assets, including, but not limited to, traffic signals, controllers, battery backup systems, street lights, building electrical, generators, Marina electrical, radios, sewer lift stations, and ethernet.

Subsequent to their establishment, both classifications came to be represented by IBEW, Local 1245, and prompted both a meet-and-confer process over compensation, along with additional classification studies leading to the recommended salary adjustments.

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 salary ranges and steps for these job classifications are being revised as a result of further compensation studies and a meet-and-confer process.

ALTERNATIVE ACTIONS CONSIDERED
None.

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

Attachments:
1: Resolution

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Internal
Salary Adjustments: Electrical Supervisor and Communications Supervisor CONSENT CALENDAR March 12, 2024
SALARY ADJUSTMENTS: ELECTRICAL SUPERVISOR AND COMMUNICATIONS

SUPERVISOR
WHEREAS, the Human Resources Department maintains the Classification and Compensation plan for the City of Berkeley; and
WHEREAS, the classifications of Electrical Supervisor and Communications Supervisor were established on May 9, 2023;
WHEREAS, a meet-and-confer process with IBEW, Local 1245, and subsequent classification studies supported a reduction in the number of salary steps (for consistency with IBEW classifications) and a 3% increase in the hourly rate for both classifications;
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that effective March 12, 2024, the classifications of Electrical Supervisor and Communications Supervisor have three salary steps at the following hourly rates:

Step 3 62.8856
Step 4 64.7452
Step 5 66.6047

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Office of the City Manager

CONSENT CALENDAR
March 12, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Aram Kouyoumdjian, Director of Human Resources Subject: Align Training and Certification Differentials for Deputy Police Chief and Police Chief with Differentials for Berkeley Police Association Members

RECOMMENDATION
Adopt a Resolution aligning the training and certification differentials for Deputy Police Chief and Police Chief – specifically, for Crisis Intervention Training, the KIND Policing Differential, and POST certificates – with those of Berkeley Police Association members; specify that for Deputy Police Chief and Police Chief the POST certificates must be at the Management level; provide retiree medical benefits that BPA members and the Police Chief receive to the Deputy Police Chief as well.

This Resolution follows Council consideration of this item in Closed Session on February 20, 2023.

FISCAL IMPACTS OF RECOMMENDATION
Fiscal impacts will differ depending on salary, as the differentials are percentage-based.

CURRENT SITUATION AND ITS EFFECTS
Pay differentials for which members of the Berkeley Police Association (BPA) qualify – specifically, for Crisis Intervention Training, for the KIND (Constitutional, Humane, Impartial, Neighborhood-Oriented, and DEI-Centered) Policing Differential, and for various POST certificates – are leading to compaction issues between the recently- established Deputy Police Chief classification and that of Captain.

Without alignment with BPA pay differentials, internal recruitment for Deputy Police Chief will be highly challenging, as members of the department will be disincentivized from seeking promotion given the compaction in pay. The alignment needs to apply to the Police Chief as well to prevent next-level compaction with the Deputy classification.

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Internal
Align Training/Certification Differentials for Deputy Police Chief and Police Chief with BPA CONSENT CALENDAR March 12, 2024
Section 13.13 of the Unrepresented Employee Manual also needs to be modified to specify that retiree medical benefits that BPA members and the Police Chief currently receive will be provided to the Deputy Police Chief as well.

BACKGROUND
The classification of Deputy Police Chief was created in 2023 with a salary range set at $260,000 at its top point, allowing sufficient departure from the top step for Captain ($223,266).

Nevertheless, compaction is being created because the Deputy Police Chief classification is Unrepresented, whereas Captains are BPA members who qualify for differentials for such ongoing specialized education as Crisis Intervention Training (CIT) and KIND (Constitutional, Humane, Impartial, Neighborhood-Oriented, and DEI- Centered) policing, as well as for Intermediate and Advanced certificates from the Commission on Police Officer Standards and Training (POST).

The recommendation to align training and certification differentials for Deputy Police Chief and Police Chief with those of BPA members aims to address the salary compaction issue, while also broadening the Crisis Intervention and KIND policing trainings to apply to the leaders of the Berkeley Police Department, regardless of their Unrepresented status. POST differentials for the Deputy Police Chief and Police Chief will apply if their certification is at the Management level, which is an even higher requirement than the Advanced level.

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

RATIONALE FOR RECOMMENDATION
Aligning the training and certification differentials for Deputy Police Chief and Police Chief with those of Berkeley Police Association members will resolve salary compaction issues along the promotional ladder from Captain to Deputy Police Chief to Police Chief.

ALTERNATIVE ACTIONS CONSIDERED
None.

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

Attachments:
1: Resolution

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Internal
Align Training/Certification Differentials for Deputy Police Chief and Police Chief with BPA CONSENT CALENDAR March 12, 2024

ALIGN TRAINING AND CERTIFICATION DIFFERENTIALS FOR DEPUTY POLICE

CHIEF AND POLICE CHIEF WITH DIFFERENTIALS FOR BERKELEY POLICE

ASSOCIATION MEMBERS
WHEREAS, the Human Resources Department maintains the Classification and Compensation plan for the City of Berkeley; and
WHEREAS, the classification of Deputy Police Chief was established in 2023 with a salary range set at $260,000 at its top point; and
WHEREAS, pay differentials for which members of the Berkeley Police Association qualify – specifically, for Crisis Intervention Training, for the KIND (Constitutional, Humane, Impartial, Neighborhood-Oriented, and DEI-Centered) Policing Differential, and for various POST certificates – are leading to salary compaction issues between the recently-established Deputy Police Chief classification and that of Captain; and WHEREAS, without alignment with BPA pay differentials, internal recruitment for Deputy Police Chief will be highly challenging, as members of the department will be disincentivized from seeking promotion given the compaction in pay; and WHEREAS, the alignment needs to apply to the Police Chief as well to prevent next- level compaction with the Deputy classification; and
WHEREAS, section 13.13 of the Unrepresented Employee Manual needs to be modified to specify that retiree medical benefits BPA members and the Police Chief currently receive will be provided to the Deputy Police Chief as well; NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Unrepresented Employee Manual be modified to align Deputy Police Chief and Police Chief earnings with BPA differentials for Crisis Intervention Training (2%), the KIND Policing Differential (3% currently, 4% as of July 1, 2024), and for various POST certificates (up to 7%); and
BE IT FURTHER RESOLVED that POST certificates for the Deputy Police Chief and the Police Chief must be at the Management level to qualify for the differential; and BE IT FINALLY RESOLVED that Section 13.13 of the Unrepresented Employee Manual be modified to specify that retiree medical benefits provided to BPA members and to the Police Chief apply to the Deputy Police Chief as well.

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

CONSENT CALENDAR
March 12, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Scott Ferris, Director, Parks Recreation and Waterfront Subject: Grant Application: Firehouse Subs Foundation for Polaris all-terrain vehicle (ATV) for Berkeley Echo Lake Camp

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to submit a Firehouse Subs grant application in the amount up to $50,000; to accept the grant; to execute any resultant revenue agreements and amendments; and authorizing the implementation of the project and appropriation of funding for related expenses, subject to securing the grant.

FISCAL IMPACTS OF RECOMMENDATION
The grant request is for up to $50,000 to procure a Polaris ATV all-terrain vehicle (“ATV”) for emergency response activities at Berkeley Echo Lake Camp. This grant does not require a local match and all costs of the equipment purchase will be covered by the grant. The grantor will determine if the grant will be paid either directly to the vendor or be deposited into the City’s One-Time Grants Fund (Fund 336).

CURRENT SITUATION AND ITS EFFECTS
The Firehouse Subs Public Safety Foundation1 was founded in 2005 in the aftermath of Hurricane Katrina as a philanthropic arm of Firehouse Subs, a restaurant chain that operates throughout the U.S. Their mission is to impact the lifesaving capabilities, and the lives of local heroes and their communities by providing lifesaving equipment and prevention education tools to first responders, non-profits and public safety organizations. Eligible applicant are comprised of the following: fire Departments, law enforcement, EMS, municipal & state organizations, public safety organizations, as well as non-profits and schools. The foundation conducts a quarterly application process to provide disaster funds in the following areas: Lifesaving Equipment, Prevention Education, Scholarships & Continued Education, Disaster Relief, and Support for Members of the Military. Each quarter they can receive up to 600 applications for grants up to $50,000 each. In 2023, several agencies in California as well as across the country received these grants. The City’s Fire and Parks, Recreation, and Waterfront (PRW) departments have identified a need for an all-terrain vehicle (ATV) at the Berkeley Echo Lake Family Camp to enhance the City’s disaster response capabilities 1 https://grants.firehousesubs.com/

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Grant Application – Firehouse Subs Foundation - Echo Lake Camp ATV CONSENT CALENDAR March 12, 2024

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in the form of expanded hazardous vegetation and tree removals and emergency response to rescue injured campers in inaccessible areas. The City will submit a grant proposal of up to $50,000 to purchase an ATV for Berkeley Echo Lake Camp.

BACKGROUND
In the Fall of 2021, Berkeley Echo Lake Camp was threatened by the Caldor Fire.

Ultimately, the Camp was saved from destruction by a collaboration between the Fire and the Parks, Recreation, & Waterfront departments. Since the fire, the two departments have collaborated on preparations for future incidents impacting Berkeley Camps, as well as prevention efforts to protect the Camps in event of another wild fire.

Berkeley Tuolumne Camp has its own ATV that has greatly enhanced the City’s ability to remove hazardous vegetation in the form of heavy tree limbs and heavy brush, as well as to respond to injury emergencies. City staff from Fire and PRW have determined that a similar ATV at Berkeley Echo Lake Camp is needed for similar disaster preparedness and response purposes.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Through the addition of this critical piece of emergency response equipment, this project will help the City advance the following Strategic Plan Goal: 3. Create a resilient, safe, connected, and prepared city. Sub Section 3.23, Fire Prevention. By planning for and working to prevent wildfire, the City will be working to reduce greenhouse gas emissions related to large scale forest fires and will be better positioned to safeguard City assets in the event of a fire occurring.

RATIONALE FOR RECOMMENDATION
This grant will provide funding to procure an all-terrain vehicle (ATV) that can be used by Berkeley Fire Department and PRW staff to better maintain and defend Berkeley Echo Lake Camp against wildfires. The vehicle can also be used to rescue injured campers from areas of the Camp that are not accessible to existing City vehicles.

ALTERNATIVE ACTIONS CONSIDERED
None

CONTACT PERSONS
Scott Ferris, Director, Parks Recreation & Waterfront, 981-6700 Stephanie Chu, Recreation & Youth Services Manager, 981-6700 Justin Pitcher, Recreation Camps Manager, 981-6700
Attachments:
1: Resolution

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RESOLUTION NO. ##-###
AUTHORIZING A GRANT APPLICATION FOR UP TO $50,000 TO THE FIREHOUSE SUBS

FOUNDATION FOR AN ALL-TERRAIN VEHICLE AT BERKELEY ECHO LAKE CAMP WHEREAS, the Firehouse Subs Public Safety Foundation was founded in 2005 in the aftermath of Hurricane Katrina as a philanthropic arm of Firehouse Subs, a restaurant chain that operates throughout the U.S.; and
WHEREAS, their mission is to impact the lifesaving capabilities, and the lives of local heroes and their communities by providing lifesaving equipment and prevention education tools to first responders, non-profits and public safety organizations; and WHEREAS, eligible applicant are comprised of the following: fire Departments, law enforcement, EMS, municipal & state organizations, public safety organizations, as well as non-profits and schools; and
WHEREAS, the foundation conducts a quarterly application process to provide disaster funds in the following areas: Lifesaving Equipment, Prevention Education, Scholarships & Continued Education, Disaster Relief, and Support for Members of the Military. Each quarter they can receive up to 600 applications for grants up to $50,000 each; and WHEREAS, the City’s Fire and Parks, Recreation, and Waterfront departments have identified a need for an all-terrain vehicle (ATV) at the Berkeley Echo Lake Family Camp to enhance the City’s disaster response capabilities in the form of expanded hazardous vegetation and tree removals and emergency response to rescue injured campers in inaccessible areas.

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

1. Approved the filing of an application for “Firehouse Subs Grant” in an amount up to $50,000; and

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

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

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

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

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

CONSENT CALENDAR
March 12, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Andrew Murray, Interim Director of Public Works Subject: Lease Agreement: Dorothy Day House d.b.a Dorothy’s Closet at 2425a Channing 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 Dorothy Day House, a 501c3 nonprofit organization doing business as Dorothy’s Closet to use and occupy 2425a Channing 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 retroactively on May 1, 2023.

FISCAL IMPACTS OF RECOMMENDATION
The lease agreement anticipates total revenue of $139,860 for the initial five (5) year term for the premises consisting of 1400 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 $2.26 with an annual adjustment of 3% beginning the third year of the lease.

The City agrees to abate the rent for the eighteen months following the retroactive lease commencement date. This abatement totals $56,952 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
2425 Channing Way, Suite A (“2425a”) is one of fifteen storefronts located on the ground floor of Telegraph-Channing Mall and Garage (“TCM”). It has been without a long-term tenant since the December 2019 permanent closure of University Copy, a printing and photocopying store. Four months 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.

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Lease Agreement: Dorothy Day House d.b.a. Dorothy’s Closet at 2425a CONSENT CALENDAR Channing Ave in the Telegraph-Channing Mall and Garage March 12, 2024

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2425a did have two short-term tenants during COVID. Berkeley Public Library rented the space to use for storage of library furniture. Chairs, tables and other furniture had to be removed from libraries to ensure social distancing protocols were followed. The plan was to store the furniture at TCM just as they had during library renovations projects. 2425a was also made available for storage to Friends of the Berkeley Public Library.

The number of books donated to the nonprofit increased exponentially during COVID and exceeded capacity of space available at its storefronts. The Library paid market rate for the space.

Neighborhood Services in the City Manager’s Office also rented 2425a to use for the City’s clothing distribution program. Dorothy Day House, the operator for the City’s two shelters located in the Veterans’ Building (1931 Center Street) and Horizons Transitional Village (742 Grayson Street) was also operating the City’s clothing distribution program. The end of the Horizons’ lease combined with limited space at the Veterans’ Building meant the City had to find a new place to store and distribute clothing particularly with winter 2022 approaching. The CMO signed an agreement for 2425a modeled after the one created for the Library. The term was limited to six month and the rent was market rate. It also named Dorothy Day House as the program operator and limited access and use of the space to clothing sorting and distribution – the store could not be open to the public or operate as a retail business.

A few months prior to the termination of the agreement, Robbi Montoya, Executive Director of Dorothy Day House shared a new concept she developed inspired by operating the City’s clothing distribution program at 2425a. This new program seeks to independently operate a clothing distribution program that both facilitates the use of vouchers and direct retail sale of donated items to the general public. By operating both programs at 2425a, Dorothy Day House believes it will be able to generate sales income sufficient to sustain the business as well as provide workforce development opportunities in the form of apprenticeships to people living in their shelter or currently unsheltered interested in getting work experience and training. Ms. Montoya has identified two people to act as founding staff at this location and believes the model will be successful and allow for program expansion in Berkeley and throughout Alameda County.

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 $2.26 per square foot per month was a fair rent rate to for the space. That rate represents roughly a 20% discount from market rate and includes

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Lease Agreement: Dorothy Day House d.b.a. Dorothy’s Closet at 2425a CONSENT CALENDAR Channing Ave in the Telegraph-Channing Mall and Garage March 12, 2024

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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 building’s 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 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.

Dorothy’s Closet
Dorothy’s Closet will operate a business with positive benefits for other Mall tenants, customers, pedestrians and citizens in Berkeley. Dorothy’s Closet intended location in the building is beneficial to the City because 2425a is a storefront with direct access to the public street on one side and access to the building’s interior hallway on the other. A business open at this location creates an increased sense of safety for garage and mall customers and pedestrians.

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Lease Agreement: Dorothy Day House d.b.a. Dorothy’s Closet at 2425a CONSENT CALENDAR Channing Ave in the Telegraph-Channing Mall and Garage March 12, 2024

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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.

Dorothy’s Closet anticipates drawing a significant percentage of its customers from the larger Berkeley-East Bay Area and beyond. Other Mall tenants may benefit from exposure to this new customer base likely to visit regularly to explore new merchandise and/or make donations.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no significant environmental sustainability impacts related to this action. This program does divert clothing, shoes, blankets, camping gear and other donated items from the waste stream.

RATIONALE FOR RECOMMENDATION
Dorothy Day House is a long-time City partner working to achieve the goal of providing food and shelter for all that need and want it. Dorothy’s Closet is a well thought out expansion of its existing programs to include workforce development while generating funds to make the clothing distribution program self-sustaining. Additionally, Dorothy Day House was found to be a financially qualified and responsive potential tenant for the space.

ALTERNATIVE ACTIONS CONSIDERED
Staff considered three other applicants seeking tenancy at 2425a. One submitted no application. One submitted an incomplete application. The third applied for tenancy in another retail space in TCM scheduled to go to Council for approval January 30, 2024.

Dorothy Day House has continued to operate a clothing distribution program with no retail component since May 1, 2023 after the previous agreement expired.

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

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ORDINANCE NO. -N.S.

LEASE AGREEMENT: DOROTHY DAY HOUSE D.B.A DOROTHY’S CLOSET AT TELEGRAPH-CHANNING MALL AND GARAGE, 2425A CHANNING WAY
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 Dorothy Day House, a 501c3 nonprofit organization, doing business as Dorothy’s Closet seeks to lease 2425a Channing Way at the premises for purpose of operating a community clothing distribution program and thrift store.

Section 2. AUTHORIZATION FOR CITY MANAGER TO ENTER INTO LEASE AT 2425a Channing Way, 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 Dorothy Day House d.b.a Dorothy’s Closet for real property located at 2425a Channing Way, 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

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CITY OF BERKELEY

TELEGRAPH-CHANNING MALL LEASE
This lease is made on __________________________, 2024, between the CITY OF BERKELEY ("Landlord"), a Charter City organized and existing under the laws of the State of California and Dorothy Day House, a 501c3 doing business as Dorothy’s Closet ("Tenant"), 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 2425a Channing Way, Berkeley, California, ("Premises") located inside Telegraph-Channing Mall and Garage at 2431 Channing Way 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 community clothing program and thrift 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 retroactively commence on May 1, 2023 and become 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 $3,164.00 per month in advance on the first day of each month,

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commencing eighteen (18) months after the retroactive commencement date of the lease or November 1, 2024 and continuing during the Term. Rent shall include basic water, garbage, and recycling service costs. Monthly rent for the first month shall be due and paid on the date City Council approves the Lease and authorizes the City Manager to execute the agreement. 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.

4. PERIODIC RENT INCREASES
a. The monthly rent shall be increased at the commencement of the third year of the Term (May 1, 2025) 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

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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 operating a community clothing program and thrift store 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

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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 PG&E charges for electricity, gas, heat, and cooling represented on their dedicated meter. Tenant also agrees to pay telephone, sewer use, water, refuse collection and other utilities used in the Premises for their exclusive use. For utilities paid directly to the Landlord on a per square foot basis, Landlord may adjust that rate to reflect the actual costs during the preceding year if Tenant usage for water, trash, or recycling or require the Tenant to pay directly for trash and recycling services if their use is determined to be excessive by the Director of Public Works.

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

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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

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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, Facilities Division 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

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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

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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 CONTRACTING PROHIBITION
a. In accordance with Resolution Nos. 59,853-N.S., 60,382-N.S., and 70,606- 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, U-Tsang and Burma (Myanmar) 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 26. 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.

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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.

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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

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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

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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

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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:

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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

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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: City of Berkeley - 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: Mailings should always be sent to both of the following addresses:

Dorothy Day House
PO Box 12701
Berkeley, CA 94712
Dorothy’s Closet
2425a Channing Way
Berkeley, CA 94704
Additionally, please email correspondence to
[email protected]

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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

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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

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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.
///
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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
Attest by:

City Clerk
TENANT
By:

Printed Name: Robbi Montoya
Title:

Executive Director, Dorothy
Day House
Berkeley Business
License No.: BLA-2023-000275

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Exhibit A

PREMISES

Physical (Legal) Address: 2431 Channing Way, Berkeley, CA 94704 Garage (and Commonly Used) Address: 2450 Durant Avenue, Berkeley, CA 94704 Dorothy’s Closet
2425a Channing Way

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Exhibit B

AGREEMENT SPECIFYING TERM OF LEASE
Attached to and made part of the Lease dated the ______ day of ____________________, 2024, by and between the CITY OF BERKELEY, a municipal corporation, as Landlord, and DOROTHY DAY HOUSE, A 501C3 ORGANIZATION D.B.A., DOROTHY’S CLOSET, a community clothing program and thrift store as Tenant ("Tenant").

Landlord and Tenant do hereby confirm and acknowledge the following dates:
a. Lease Retroactive Commencement Date is May 1, 2023.
b. Lease Commencement Approval Date is ___________, 2024 (date document is approved by City Council and fully executed by the City Manager)
c. Rent Commencement Date is November 1, 2024.
d. Expiration Date of the initial term of the Lease is April 30, 2028 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:

DOROTHY DAY HOUSE D.B.A., DOROTHY’S CLOSET
a 501c3 nonprofit organization
By: _____________________________________
Robbi Montoya, Executive Director

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Exhibit C

PAYMENTS

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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

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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.

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

CONSENT CALENDAR
March 12, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Chair Behm-Steinberg, Human Welfare and Community Action Commission
Subject: Filling Vacancies Among the Elected Representatives of the Poor

RECOMMENDATION
Adopt a Resolution confirming the appointments of Catherine Huchting (District 3); and, Maria Sol (District 1) as elected representatives of the poor on the Human Welfare and Community Action Commission (HWCAC), having been voted at the HWCAC January 8, 2024 meeting, and that their terms expire November 28, 2024.

FISCAL IMPACTS OF RECOMMENDATION
None.

CURRENT SITUATION AND ITS EFFECTS
Failure to maintain full membership on the HWCAC, which also acts as the Board of the Berkeley Community Action Agency (CAA), could result in a loss of Community Services Block Grant (CSBG) funding. Vacancies on the Berkeley CAA Board were noted as a “finding” during the most recent desk review of this program conducted by the State Department of Community Services and Development.

BACKGROUND
The HWCAC is structured to include fifteen members, nine of whom are appointed by Berkeley City Council members and six of whom are elected representatives of the poor. Berkeley Municipal Code Section 3.78.080 stipulates that elections of representatives of the poor are held biennially in the month of November in even numbered years. The next election will take place in November 2024. Subsection C of the code states, “…the remaining representatives of the poor…shall select a person to fill the vacancy until the next election…” and that the, “…name of the selected representatives shall be submitted to the City Council for confirmation.” BMC 3.78.030 (b) also states in part, that the remaining elected commission members shall recommend to the Council that the newly elected person fill out the term of the appointment. Maintaining full membership of the HWCAC has been an ongoing challenge, and the commission currently has two members.

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Filling Vacancies Among the Elected Representatives of the Poor CONSENT CALENDAR March 12, 2024

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At the time of the January 8, 2024 meeting where representatives of the poor were on the agenda, there were no elected representatives of the poor on the Commission.

Therefore, the two existing commissioners voted:
 M/S/C: Behm-Steinberg, Lippman. Ayes – Behm-Steinberg, Lippman; Noes – None; Abstain – None; Absent: None) to select Catherine Huchting to fill one of the current vacancies.
 M/S/C: Behm-Steinberg, Lippman. Ayes – Behm-Steinberg, Lippman; Noes – None; Abstain – None; Absent: None) to select Maria Sol to fill one of the current vacancies.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no known environmental impacts associated with the recommendation of this report.

RATIONALE FOR RECOMMENDATION
Failure to maintain full membership on the HWCAC is in violation of the City’s CSBG revenue contract and may jeopardize future funding.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Mary-Claire Katz, Commission Secretary, HHCS, (510) 981-5414 Attachments:
1: Resolution

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

FILLING VACANCIES AMONG THE ELECTED REPRESENTATIVES

OF THE POOR ON THE HWCAC
WHEREAS, Berkeley Municipal Code Section 3.78.080 stipulates that election of representatives of the poor are held biennially in the month of November in even numbered years, and the next election will take place in November 2024; and WHEREAS, Subsection C states “…the remaining representatives of the poor…shall select a person to fill the vacancy until the next election…” and that the “…name of the selected representatives shall be submitted to the City Council for confirmation”; and WHEREAS, at the January 8, 2024 HWCAC special meeting, the Commission elected Catherine Huchting (District 3) to fill one vacancy with her term ending November 28, 2024; and
WHEREAS, at the January 8, 2024 HWCAC special meeting, the Commission elected Maria Sol (District 1) to fill one vacancy with her term ending November 28, 2024.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that Catherine Huchting (District 3) and Maria Sol (District 1) are confirmed as elected representatives of the poor serving on the Human Welfare and Community Action Commission until November 28, 2024.

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r
Rashi Kesarwani
Councilmember, District 1

CONSENT CALENDAR
March 12, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Councilmember Rashi Kesarwani (Author), Councilmember Wengraf (Co-Sponsor), Councilmember Taplin (Co-Sponsor), Councilmember Wengraf (Co-Sponsor), Councilmember
Humbert (Co-Sponsor),
SUBJECT: Budget Referral: Publicly Accessible Permanent Bathroom at James Kenney Park

RECOMMENDATION
Refer $160,000 to the June FY 2024-25 budget process to renovate an existing bathroom at the James Kenney Community Center to make it ADA compliant and permanently accessible to members of the general public who visit the park.

CURRENT SITUATION AND ITS EFFECTS
The Portable Toilet Available to Park Users Is Poorly Maintained and Recently Burned Down. The portable toilet attracted hazardous waste, including used syringes, soiled materials and human waste in and around the facility. Additionally, despite the city’s contract with the portable toilet company for daily cleaning,1 the company has a record of missing service days and poor maintenance. According to the Director of the Parks and Recreation Department Scott Ferris, there have been at least five fires associated with the portable toilet at this location in the last 12 years; the last incident occurred on January 30, 2024 when it was burned to the ground.

James Kenney Park is a High-Use Park Without a Permanent ADA-Accessible Bathroom. Newly renovated in 2020, James Kenney Park is the sole recreational area in northwest Berkeley offering picnic areas; both 2-5 and 5-12 year old play areas; sports fields; tennis, pickleball and basketball courts, and a community center. 1 The City contracts with United Site Services to maintain its many portable toilets in the parks. The City entered this contract in Spring 2014.

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p. 2
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7110 ● Fax: (510) 981-7111 E-Mail: [email protected]
The community center has available bathrooms inside the building, accessible when the building is open from 12 to 8 p.m. Mondays through Fridays. Another bathroom exists with an exterior entrance behind a locked gate that is not publicly available.

Despite the park’s popularity, it has no publicly available restroom that remains open during the park’s open hours, 6 a.m. to 10 p.m. daily. A new permanent restroom facility has recently been installed at Strawberry Creek Park and soon other parks such as Cesar Chavez Park, Harrison Skate Park, Ohlone Park and Tom Bates Sports Field will see new or renovated restrooms thanks to our Measure T1 infrastructure bond. Unfortunately, there were insufficient funds to allow for the installation of a permanent publicly available restroom at James Kenney Park via Measure T1.

For families with children visiting the park during Recreation Center off-hours, the only available sanitation facility is a portable toilet. The current portable toilet is located at the southeast corner of the park alongside the sports field. The City’s Customer Service Team, the Parks Department and the District 1 Council office have all received numerous complaints about its poor condition.

Making Necessary Upgrades to the Existing Permanent Restroom at the James Kenney Recreation Center is Cost Effective. Installation of a new permanent ADA compliant bathroom costs roughly $450,000.2 If, however, the exterior fence to the community center courtyard were modified to allow complete access to the already existing restroom with an exterior entrance, the cost of providing a permanent, publicly accessible restroom at James Kenney Park would decrease dramatically.

Immediately north of the playgrounds and the pollinator garden lies the James Kenney Community Center which also sits adjacent to the Bay Area Hispano Institute for Advancement, Inc. (BAHIA) School Age Program. Together, the buildings surround an open courtyard (see aerial view below). There is a single permanent bathroom accessible from that courtyard though it is situated behind a locked gate. This facility would need repairs to make it fully ADA compliant: the walkway between the curb on Eighth Street down to the gate would need to be made ADA compliant, the current wheelchair ramp needs to be updated, grab bars would need to be installed, and the sink would need reconfiguration to facilitate ease of access for all users. The estimated cost for these modifications and improvements ($160,000) is dramatically less than purchasing and installing a brand new restroom facility and would increase the likelihood that park users would have a decent restroom much sooner. Neighbors have been requesting such a facility and improvements to the park for several years.
2 This is the price quoted for the permanent restroom recently installed at Strawberry Creek Park.

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2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7110 ● Fax: (510) 981-7111 E-Mail: [email protected]
Aerial view of James Kenney Community Center and BAHIA. Exterior access to permanent bathroom inside the yellow box.

FISCAL IMPACT
The Parks Department has provided a cost estimate of $160,000 that covers: making the concrete pathway from the curb to the gate ADA compliant, modifying the perimeter gate, and updating the current restroom to make it fully ADA compliant.

ENVIRONMENTAL IMPACTS
Eventual elimination of a portable toilet that attracts waste, illegal dumping, used syringes and debris would help maintain this open space environment for all users.

CONTACT
Councilmember Rashi Kesarwani, District 1 (510) 981-7110

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2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7110 ● Fax: (510) 981-7111 E-Mail: [email protected]

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2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7120 E-Mail: [email protected]

CONSENT CALENDAR
March 12, 2024
To: Honorable Mayor and Members of the City Council
From: Councilmember Taplin (Author), Councilmember Hahn (co-sponsor) Subject: Vision 2050 Community Engagement Expansion

RECOMMENDATION
Authorize the City Manager to expand the scope of the Vision 2050 Complete Streets Parcel Tax Community Engagement and Program Plan in the FY 2024 Budget to consider additional revenue sources: (1) potential ballot referenda for an increase to Berkeley’s Parks Tax and/or (2) renewing the Measure P Real Property Transfer Tax beyond 2028; and refer to the City Attorney for analysis of using the Community Engagement and Program Plan funds for community survey purposes.

CURRENT SITUATION AND ITS EFFECTS
In response to escalating effects of climate change and unfunded liabilities, the City of Berkeley must identify sustainable revenue sources to invest in infrastructure rehabilitation and maintenance. Adopted in 2022, the City of Berkeley’s FY 2023-2027 Capital Improvement Program Budget estimated a total of $1.65 billion in unfunded capital needs.1
In 2023, the Berkeley City Council adopted a Fiscal Year 2024 Update to the City’s Biennial Budget, which included $100,000 for the Vision 2050 Complete Streets Parcel Tax Community Engagement and Program Plan.2 According to a January 16, 2024 article in
Berkeleyside, community members are already pursuing signature gathering efforts for two parcel tax initiatives to fund street paving.3 In the event that either effort succeeds, broadening the scope of possible revenue sources considered in the Community Engagement and Program Plan can help address other major capital needs to advance Vision 2050 priorities.

In November 2022, Berkeley voters approved Measure L by only 59.4%, short of the two-thirds supermajority required to approve the $650 million bond measure. Measure L would have funded the following categories of capital projects:
1 City of Berkeley FY23-27 Capital Improvement Program:
https://berkeleyca.gov/sites/default/files/documents/FY-23-27-Capital-Improvement-Program_0.pdf 2 City of Berkeley FY 2024 Mid-Biennial Adopted Budget Update:
https://berkeleyca.gov/sites/default/files/documents/FY-2024-Mid-Biennial-Adopted-Budget-Book.pdf 3 Savidge, N. (Jan. 16, 2024). Dueling taxes to fund street paving could be on Berkeley ballot in November. Berkeleyside. Retrieved Feb. 15, 2024 from
https://www.berkeleyside.org/2024/01/16/berkeley-2024-election-street-paving-parcel-tax

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Vision 2050 Engagement Expansion CONSENT CALENDAR
March 12, 2024

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● $300 million for street safety improvements, including pedestrian crossings, bicycle facilities, and street paving;
● $200 million for affordable housing;
● $150 million for public parks, facilities, pools, utility undergrounding along fire evacuation routes, and climate resiliency.

Without the funding for parks and facilities from Measure L, there remains insufficient revenue to fund deferred maintenance and planned capital projects. Due in part to cost overruns from approved Measure T1 (2016) projects, many critical capital projects remain un- or under-funded. Projects include renovation of the Frances Albrier Community Center, which is in dire need of seismic safety upgrades and has already undergone initial planning and stakeholder outreach.4
As rising construction costs have already forced costly delays in planned projects, further deferring these projects would thus incur significant opportunity costs for taxpayers.

The Measure P Real Property Transfer Tax Program Fund may face similar funding shortfalls in funding capital projects due to declining revenues and operating costs for services (see Attachments 3 and 4). Nevertheless, Measure P contributions have been leveraged to fund vital projects for rehousing Berkeley’s homeless population, including Project Homekey hotel conversions. In Alameda County’s 2022 Point in Time Count, Berkeley saw slight reductions in its sheltered and unsheltered homeless populations while the County’s populations grew.5 It is doubtful that this marginal progress would have been possible without the support of Measure P funds. 4 Frances Albrier Community Center Replacement Project:
https://berkeleyca.gov/sites/default/files/documents/CapitalProject_FACC- Executive%20Summary%20with%20Attachments.pdf
5 Berkeley 2022 Point in Time Count: https://everyonehome.org/wp-content/uploads/2022/05/Berkeley- PIT-2022-Infographic-Report.pdf

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Vision 2050 Engagement Expansion CONSENT CALENDAR
March 12, 2024

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2022 Point in Time Count
Vision 2050 Community Engagement is a Strategic Plan Priority Project, advancing our goal to provide state-of-the-art, well-maintained infrastructure, amenities, and facilities.

BACKGROUND
To establish a long-range plan for sustainable infrastructure, 84.6% of Berkeley voters supported Vision 2050 with the passage of Measure R in the November 2018 election.

The Measure asked: Shall the measure, advising the Mayor to engage citizens and experts in the development of Vision 2050, a 30-year plan to identify and guide implementation of climate-smart, technologically-advanced, integrated and efficient infrastructure to support a safe, vibrant and resilient future for Berkeley, be adopted? The Vision 2050 Framework (see Attachment 1) lays out 5 strategies for a sustainable, “cradle-to-grave” planning process to rehabilitate and maintain Berkeley’s infrastructure.

Additionally, three core principles have guided planning for the Draft Vision 2050 Program Plan:

1. Support vibrant and safe communities. Infrastructure shall take equity into account and improve quality of life of all Berkeley residents, including having green open spaces, safe modes of mobility, and being prepared for fires and earthquakes.

2. Have efficient, inspired and well maintained infrastructure. Infrastructure shall be long lasting, use advanced technologies, and be maintained to provide efficient service.

3. Facilitate a green Berkeley and contribute to saving our planet.

Infrastructure shall accelerate the transition to carbon neutrality and include electrification, develop natural streetscapes using green infrastructure, and prioritize human-powered and public transportation.

Four major outcomes have been identified as goals in the Draft Program Plan for Vision 2050:

1. Streets are safer, more sustainable, improved to a good condition, and maintained.

2. Infrastructure is resilient, protects the environment, and is adapted to climate change impacts.

3. Open space, parks, and recreation improve our quality of life.

4. Public facilities are safe and provide community placemaking.

In November 2018, 72% of Berkeley voters also approved Measure P, “increasing the real property transfer tax for ten years from 1.5% to 2.5% for property sales and transfers over $1,500,000, adjusted annually to capture the top approximately 33% of transfers” to fund homeless services and “rehousing.” Measure P has supplemented homeless services, rental assistance, street outreach, safe RV parking, sanitation, transitional shelter and permanent supportive housing. In the FY 2024 Mid-Biennial

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Vision 2050 Engagement Expansion CONSENT CALENDAR
March 12, 2024

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Budget Update that the City Council adopted in 2023, Measure P projected revenues “have been adjusted downward from $14.1 million to $10.2 million… which reflects a decrease of $3.9 million from the original estimate of $14.1 million. However, FY 24 revised expenditures are budgeted at $21.1 million and include costs like the Russell Street residence acquisition ($4.5 million) and post COVID-19 rental assistance ($1.0 million).”

RATIONALE FOR RECOMMENDATION
Members of the community have stated to Council that the broad scope of Measure L (2022) limited consensus-building efforts among voters with varying priorities. In various public fora and written communications, Berkeley residents expressed apprehension toward the multitude of seemingly disparate capital projects under the Measure’s scope, adding confusion to the “sticker shock” of the bond measure’s dollar amount amid high consumer price inflation. Consequently, while the community is already robustly engaged in at least two signature-gathering initiatives for parcel tax measures to fund street repair in the 2024 General Election, significant funding gaps remain for projects in parks, facilities, and affordable housing.

Using funds allocated for community engagement on this topic to explore additional discrete revenue sources would be a worthwhile investment in building community consensus.

The Parks Tax was last increased in 2014 when 75% of Berkeley voters approved Measure F. Berkeley’s Parks Tax Fund has supported Parks operations and supplemented General Fund and Marina Fund contributions, T1 funding, and external grant funding for critical capital needs across Berkeley, including significant health and safety needs at the Waterfront and Aquatic Park (see Attachment 2), but costs and unfunded needs have continued to outpace revenues (see Attachment 4). Similarly, in spite of revenue cyclicality, Measure P has been instrumental in leveraging external funding, including state funds from Project Homekey, to rehouse Berkeley’s homeless population.

The Measure P Real Property Transfer Tax increase is set to expire at the end of the 2028 calendar year. As of Fiscal Year 2024, the Measure P Program Fund is facing a structural deficit as costs outpace declining revenues. In order to maintain broad community consensus on this revenue source for possible renewal after the ten-year period for the special tax elapses, articulating a common vision for expenditures from special tax funds will likely remain essential for avoiding structural conflicts between operating budgets, including personnel costs, and capital budgets for key projects.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
No impacts associated with expanding scope of Vision 2050 public outreach in the FY 2024 Budget.

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Vision 2050 Engagement Expansion CONSENT CALENDAR
March 12, 2024

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FISCAL IMPACTS OF RECOMMENDATION
$100,000 is allocated in the FY 2024 Budget. In consultation with the City Manager, no additional costs have been identified.

CONTACT PERSON
Terry Taplin, Councilmember, District 2, 510-981-7120
Attachments:
1: Budget Referral: Vision 2050 Complete Streets Parcel Tax Community Engagement and Program Plan (March 14, 2023)
2: Update on Parks, Recreation and Waterfront Department Maintenance and Capital Projects (October 18, 2022)
3: Measure P Program Forecast (Budget & Finance Policy Committee, May 2023) 4: Projected Fund Balances (Budget & Finance Policy Committee, June 2023)

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2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7120 ● TDD: (510) 981-6903 ● E-Mail:

[email protected]

CONSENT CALENDAR
March 14, 2023
To: Honorable Mayor and Members of the City Council
From: Councilmember Taplin (Author), Councilmember Kate Harrison (Co-Sponsor), Councilmember Rigel Robinson (Co-Sponsor)
Subject: Budget Referral: Vision 2050 Complete Streets Parcel Tax Community Engagement and Program Plan

RECOMMENDATION
Refer $400,000 to the June 2023 mid-year budget update to conduct community engagement, public information campaign, and program plan development for potential 2024 complete streets and climate-resilient infrastructure revenue measures.

FINANCIAL IMPLICATIONS
$400,000 in General Fund impacts with an estimated $100,000 in cost to conduct community outreach, and an additional $300,000 to develop a final 2050 Program Plan.

CURRENT SITUATION AND ITS EFFECTS
Investing Berkeley’s deferred maintenance needs with Complete Streets funding and long-range asset management planning is a Strategic Plan Priority Project, advancing our goals to: provide state-of-the-art, well-maintained infrastructure, amenities, and facilities; create a resilient, safe, connected, and prepared city; champion and demonstrate social and racial equity; and be a global leader in addressing climate change, advancing environmental justice, and protecting the environment.

In 2017, the City of Berkeley had the 15th worst pavement condition index (PCI) out of 101 jurisdictions in the Bay Area region. While baseline funding has marginally improved since then, deferred maintenance for infrastructure continues to outpace available resources, and costs continue to grow. In November 2020, the Berkeley City Auditor reported: “Berkeley streets have an asset replacement value of approximately $777.6 million, and deferred maintenance needs of streets exceeded $251 million in 2019… In addition to the continued deterioration of pavement condition, the current level of funding would also increase deferred maintenance costs to an estimated $328 million by 2023. In 2018, a City contractor estimated the City would need $17.3 million annually to maintain the current PCI or $27.3 million annually to increase PCI by five points in five years.”1
1 Wong, J., et al (2020). Rocky Road: Berkeley Streets at Risk and Significantly Underfunded. Berkeley City Auditor. Retrieved from https://berkeleyca.gov/sites/default/files/2022-01/Rocky-Road-Berkeley- Streets-at-Risk-and-Significantly-Underfunded.pdf

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Complete Streets Survey and Program Plan CONSENT CALENDAR March 14, 2023
In July 2022, the City Council voted to increase the annual street paving budget from $7.3 million to $15.3 million. Under 2020 estimates, the funding gap for improving PCI by 5 points citywide in 5 years is still $12 million annually. However, street paving costs can increase five-to-tenfold when conditions necessitate “full rehabilitation” beyond regular maintenance. Thus, paving costs will continue to increase sharply the longer they are deferred.

In November 2022, Berkeley voters approved Measure L by only 59.4%, short of the two-thirds supermajority required to approve the $650 million bond measure. Measure L would have funded the following categories of capital projects:
● $300 million for street safety improvements, including pedestrian crossings, bicycle facilities, and street paving;
● $200 million for affordable housing;
● $150 million for public parks, facilities, pools, utility undergrounding along fire evacuation routes, and climate resiliency.

In a January 2022 Work Session, the City Manager presented several revenue measure options to fund deferred infrastructure needs, including: “A parcel tax of $12M annually (or $250M if bonded against) to address street repair and traffic safety.” In an online survey of 1,024 Berkeley residents concluding on January 12, 2022, a plurality of 28.5% of respondents ranked “Street Repair” as their top priority.

As deferred maintenance costs continue to increase, it is more urgent than ever to foster broad-based community trust in designing future revenue measures for infrastructure. Developing and finalizing a Program Plan will be essential for identifying and prioritizing projects while maintaining the flexibility to respond to changing conditions.

BACKGROUND
The City of Berkeley began developing the Vision 2050 Framework in 2018 to ensure that a 30-year long-term investment plan for sustainability and resilience in City infrastructure would reflect the community’s collective vision across the lifespan of our public assets. Berkeley voters supported Vision 2050 with the passage of Measure R in the November 2018 election, which asked: Shall the measure, advising the Mayor to engage citizens and experts in the development of Vision 2050, a 30-year plan to identify and guide implementation of climate-smart, technologically-advanced, integrated and efficient infrastructure to support a safe, vibrant and resilient future for Berkeley, be adopted?
The Vision 2050 Framework lays out 5 strategies for a sustainable, “cradle-to-grave” planning process to maintain Berkeley’s infrastructure. Additionally, three core principles have guided planning for the Draft Vision 2050 Program Plan:

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Complete Streets Survey and Program Plan CONSENT CALENDAR March 14, 2023

2. Have efficient, inspired and well maintained infrastructure. Infrastructure shall be long lasting, use advanced technologies, and be maintained to provide efficient service.

3. Facilitate a green Berkeley and contribute to saving our planet.

In 2022, Berkeley’s total estimated infrastructure funding needs—including capital costs and ongoing maintenance costs for streets—totaled $1.8 billion.

Four major outcomes have been identified as goals in the Draft Program Plan for Vision 2050:

1. Streets are safer, more sustainable, improved to a good condition, and maintained.

2. Infrastructure is resilient, protects the environment, and is adapted to climate change impacts.

3. Open space, parks, and recreation improve our quality of life.

4. Public facilities are safe and provide community placemaking.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Aligning paving schedules with Complete Streets safety upgrades and design standards identified in the Berkeley Bicycle Plan, Pedestrian Plan, and Vision Zero Action Plan, would reduce planning and construction costs while maintaining consistency with Berkeley’s transportation and climate policy goals. At the statewide level, the California Air Resources Board reported in 2018 that even the most optimistic assumptions about Electric Vehicle adoption would still require a 25% reduction in Vehicle Miles Traveled per capita to meet California’s emission reduction goals.

Locally, Berkeley’s 2019 greenhouse gas inventories identify 60% of the City’s carbon footprint coming from the transportation sector. (The decrease in 2020 has been largely attributed to the COVID-19 pandemic.)2 Meeting our ambitious decarbonization goals will require significant investments in well-paved streets that are safe for all transportation modes, especially increasing safety for pedestrians and cyclists of all body types and abilities.
2 https://berkeleyca.gov/sites/default/files/documents/2021-11- 30%20Item%2032%20Berkeley%E2%80%99s%202019%20Community- Wide%20Greenhouse%20Gas%20Emissions%20Inventory.pdf

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Complete Streets Survey and Program Plan CONSENT CALENDAR March 14, 2023
While Berkeley has a strong tradition promoting bicycles and other mobility devices, surveys have consistently shown that transport mode choices are strongly affected at the margins by perceptions and experiences of safety. 3 3 https://www.ipsos.com/sites/default/files/ct/news/documents/2022-05/Global%20Advisor- Cycling%20Across%20the%20World-2022%20Report.pdf

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Complete Streets Survey and Program Plan CONSENT CALENDAR March 14, 2023
Smoother pavement, wider sidewalks, and physical separation from motor vehicles both significantly reduce the risk of dangerous collisions. The Berkeley City Council has consistently supported incorporating Complete Streets safety designs into road maintenance projects to increase safety and reduce automobile dependence, while also reducing traffic congestion for motorists and reducing stress on street pavement.

CONTACT PERSON
Councilmember Taplin Council District 2 510-981-7120
Attachments:
1: Draft Vision 2050 Program Plan
2: January 20, 2022 Work Session: Vision 2050 Update

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1Vision 2050 Program Plan
JULY 2022
VISION 2050

PROGRAM PLAN

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2 July 2022

INFRASTRUCTURE PROGRAM PLAN

TABLE OF CONTENTS
01 02
03 04
05 06
07 THE INFRASTRUCTURE PROGRAM PLAN: OVERVIEW 4

1.1 The Vision 2050 Initiative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

1.2 What is an Infrastructure Program Plan? . . . . . . . . . . . . . . . . . . . . . . . 7

1.3 Core Values and Principles Guide our Planning . . . . . . . . . . . . . . . . . . . . 7 INFRASTRUCTURE NEEDS AND COMMUNITY PRIORITIES 10

2.1 Infrastructure Needs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

2.2 Community Input and Priorities . . . . . . . . . . . . . . . . . . . . . . . . . . 13 INTRODUCING THE 30-YEAR PROGRAM PLAN . . . . . . . . . . . . . . . 16

3.1 Outcomes of the Program Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

3.2 Work Prioritization and Phasing . . . . . . . . . . . . . . . . . . . . . . . . . . 27 THE PLAN’S FUNDING, RESULTS, AND TAX IMPACT 30

4.1 Funding Sources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

4.2 Funding Alternatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

4.3 Review of Tax Implications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

4.4 Other Benefits of Infrastructure Spending . . . . . . . . . . . . . . . . . . . . . 37 PROGRAM DELIVERY . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

5.1 Current Organization and Measure T1 Implementation 39

5.2 Research on Other Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

5.3 Recommendations for Vision 2050 Implementation . . . . . . . . . . . . . . . . 42 SUPPORTING STRATEGIES . . . . . . . . . . . . . . . . . . . . . . . . . . 44

6.1 Performance Indicators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45

6.2 Equity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

6.3 Reporting and Oversight . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

6.4 Lifecycle Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47

6.5 General Fund Support for Infrastructure Maintenance 48 APPENDICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Appendix A: Acknowledgements . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Appendix B: Glossary of Terms and Abbreviations . . . . . . . . . . . . . . . . . . 50 Appendix C: Reference Documents . . . . . . . . . . . . . . . . . . . . . . . . . . 51

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3Vision 2050 Program Plan
Table 1: Updated Infrastructure Funding Needs . . . . . . . . . . . . . . . . . . . . 12 Table 2: Prioritization Score Card . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Table 3: Summary of Priority Scoring . . . . . . . . . . . . . . . . . . . . . . . . . 28 Table 4: Funding Mechanisms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Table 5: Existing Debt Service and Tax Impact . . . . . . . . . . . . . . . . . . . . 35 Table 6: Debt Service Comparison . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Table 7: Summary of Tax Impacts . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Table 8: Cities Interviewed and Their Capital Programs . . . . . . . . . . . . . . . . 40 Table 9: Vision 2050 Key Program Performance Indicators 45 Figure 1: Street Corner View from Vision 2050 . . . . . . . . . . . . . . . . . . . . . 5 Figure 2: Vision 2050 Principles, Strategies and Recommended Actions 6,8 Figure 3: Timeline for Vision 2050 initiative . . . . . . . . . . . . . . . . . . . . . . . 6 Figure 4: Example Infrastructure Needs . . . . . . . . . . . . . . . . . . . . . . . . . 8 Figure 5: Vision 2050 Core Values . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Figure 6: Infrastructure Funding Needs by Vision 2050 Outcome Objective 13 Figure 7: Outcomes of the Program Plan . . . . . . . . . . . . . . . . . . . . . . . 17 Figure 8: Vision 2050 Streets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Figure 9: Marina Community Vision . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Figure 10: Project Approval Process . . . . . . . . . . . . . . . . . . . . . . . . . 29 Figure 11: Vision 2050 Funding Sources . . . . . . . . . . . . . . . . . . . . . . . . 31 Figure 12: Historical & Projected Property Tax . . . . . . . . . . . . . . . . . . . . 36 Figure 13: Public Art in Berkeley . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Tables
Figures

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4 July 2022
01 THE INFRASTRUCTURE
PROGRAM PLAN: OVERVIEW
This section provides an overview of the Vision 2050 Initiative and describes the Program Plan.
4 July 2022

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5Vision 2050 Program Plan

1.1 The Vision 2050 Initiative
The Vision 2050 initiative was introduced by Mayor
Arreguin at his 2017 State of the City address. He
described a complex network of pipes, streets,
utility wires, bikeways, and transportation systems
that are old and have suffered from historic
disinvestment, neglect, and poor maintenance. As
our infrastructure ages, we need a plan to make
sure our systems are resilient to handle a growing
population and climate change, including sea-level
rise, more flooding, and wildfires. As technological
innovations emerge and the condition of our
infrastructure declines, we have an enormous and
exciting opportunity to reimagine our streets and
public spaces. This initiative is about building a
future for Berkeley that provides essential services
for future generations.

In November 2018, Berkeley voters approved
Measure R. The Measure asked: “Shall the measure,
advising the Mayor to engage citizens and experts
in the development of Vision 2050, a 30-year plan
to identify and guide implementation of climate-
smart, technologically-advanced, integrated and
efficient infrastructure to support a safe, vibrant
and resilient future for Berkeley, be adopted?” The
response was a resounding yes.

A 40-member residents’ task force was formed and
the team analyzed quality of life, environmental
and technology trends, and funding issues. To help
keep focus on the future, the team imagined being
on a street corner in Berkeley in the year 2050.

What will Berkeley be like then? Figure 1 shows a
street corner view from 2050.

The task force worked diligently for 18 months
and developed the principles, strategies and
recommended actions shown on Figure 2.

Community engagement was at the center of
Vision 2050. Outreach began early in 2018 with
four information nights across Berkeley. Outreach
continued in an effort to reach people where they
already congregate, including neighborhood and
faith-based groups and community organizations.

From September 2018 to July 2019, the
Mayor’s Office presented at thirteen community
organization meetings in conversations that ranged
from a handful to one hundred people. Community
feedback was used to develop the principles,
strategies, and recommended actions.

Figure 1: Street Corner View from Vision 2050 report

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6 July 2022

PRINCIPLES, STRATEGIES

AND RECOMMENDED ACTIONS
STATEGY ONE Use Integrated and Balanced Planning
Use multi-criteria decision-making
Use adaptive planning
Institute structured master planning
Develop an Asset Management Program
Prepare and implement a Dig Once policy
Accelerate the transition to clean energy and electriﬁcation Implement Complete Streets to provide sustainable
and healthy transportation
Develop natural streetscapes that provide ecosystem services Use sensors, data, and advanced technologies
Take advantage of a strong ﬁnancial position to address infrastructure needs and commit to reducing large unfunded infrastructure liability by doubling capital expenditures Prepare a wildﬁre mitigation and safety plan
STATEGY THREE Adopt Sustainable and Safe Technologies
Develop an organization that is integrated and has
capacity to deliver
Prepare a program approach with management tools
Provide independent oversight and reporting
Prepare the City’s Organization to Implement
a Major Capital Program
STATEGY FOUR Invest in Our Future

STATEGY FIVE
STATEGY TWO Manage Infrastructure from Cradle to Grave
1 2
3 4
5 >
>
>
>
>
>
>
>
>
>
>
>
>
>
VISION 2050
The Vision 2050 Framework
focused on better coordination,
integrated project delivery,
utilizing new financing
mechanisms, and broad principles
and strategies for our infrastructure
needs. The Framework was
approved by Berkeley’s City
Council in September 2020. The
City Manager then turned to
implement the recommendations
and assigned the Public Works
Department to lead the effort.

A timeline for the Vision 2050
initiative is shown below.
2017
Mayor Arreguin announces
Vision 2050 Initiative
November 2018
Measure R approved
by voters
2018-2019
Residents task force
conducted analysis
September 2020
City Council approves
Vision 2050 Framework
Current
Implementation led by
City Manager
Figure 2: Vision 2050 Principles, Strategies, and Recommended Actions Figure 3: Timeline for Vision
2050 Initiative

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7Vision 2050 Program Plan

1.2 What is an Infrastructure Program Plan?
This Infrastructure Program Plan (Plan) is the
City of Berkeley’s roadmap to rebuild our public
infrastructure over the next 30 years. This Plan
supports the Vision 2050 principles and provides
information on outcome objectives, program
elements, community input, the funding plan,
program implementation, and program oversight
and reporting. The Plan serves as a roadmap to
guide the many infrastructure decisions that will
be required throughout the next three decades.

The Plan is flexible and adaptable, so the City can
anticipate and address new challenges that we
will face in the future. Why prepare a Plan now?
Improving the City’s infrastructure requires new
funding and a revenue measure or measures, which
voters may consider on the November 2022 ballot.

This Plan is prepared to provide the public with
an understanding of the “big picture” for Vision
2050 in advance of voting for new funding. This
approach is an advancement from prior measures.

The Plan describes the work at the asset category
level—streets, stormwater, parks, waterfront, etc. It
is not a project-by-project prioritization. That will
happen if voters approve funding, after which a
project and program team will be formed and an
oversight committee designated.

1.3 Core Values and Principles Guide our Planning
Berkeley’s streets, storm drains, sewers, and water
lines date back to the early decades of the 20th
century. Critical systems are simply wearing out.

Recent budgets have been insufficient to address
these infrastructure needs, let alone modernize
our systems or improve their resilience. As defined
in the City’s resilience strategy, resilience is the
capacity of individuals, communities, institutions,
businesses, and systems within a city to survive,
adapt, and grow no matter what kinds of chronic
stresses and acute shocks they experience.

The growing backlog of aging infrastructure leaves
the community vulnerable to unplanned failure and
service interruptions. For residents, workers, and
businesses, this can translate to unsafe conditions,
increased cost, and impediments to quality of life.

Examples of infrastructure needs are shown in
Figure 4.

As we begin to grapple with Berkeley’s unfunded
infrastructure needs, new challenges are emerging.

The local impacts of the global climate crisis
pose a major threat to our aging infrastructure.

Extreme storm events, wildfires, heat waves,
drought, groundwater, and sea level rise will
challenge streets, pipes, and open spaces that were
designed for a more benign environment. These
vulnerabilities are layered upon other acute risks
such as a major earthquake, and chronic challenges
such as inequity. If our city is to survive and thrive, we must increase our resilience to these challenges.

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8 July 2022
Street Pavement Damage
Sidewalk Repair
Deteriorated Marina Dock
As we rebuild our infrastructure and, at the same
time, reimagine a landscape for a changing future,
our infrastructure decisions must remain flexible,
yet grounded in a set of clear values. For this
reason, the Vision 2050 Framework identified four
core values as shown in Figure 5. These values will
guide implementation of Vision 2050.

Figure 4: Example Infrastructure Needs
Figure 2: Vision 2050 Principles

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9Vision 2050 Program Plan
Figure 5: Vision 2050 Core Values

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10 July 2022
02 INFRASTRUCTURE NEEDS

AND COMMUNITY PRIORITIES
This section provides an update on the City’s infrastructure funding needs and the community’s infrastructure priorities.
10 July 2022

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11Vision 2050 Program Plan

2.1 Infrastructure Needs
The City has an extensive portfolio of capital assets
and infrastructure, including 216 miles of streets,
more than 300 miles of sidewalks, 255 miles of
sewers, 78 miles of underground storm drains, 95
public buildings, 52 parks, 2 pools, and 3 camps.

In addition, the City operates and maintains the
Berkeley Waterfront and its related facilities,
including the pier, docks, pilings, channel, streets,
pathways, parking lots, buildings, trails, Adventure
Playground, and 1,000 berth marina.

A City budget is prepared every two years and it
includes a Capital Improvement Program (CIP).

The City’s ability to fund its CIP is limited by the
total available resources that are competing with
other community priorities. CIP funding resources
include the General Fund, a number of special
revenue funds, grants, and loans. The CIP attempts
to identify all known CIP projects, categorizing them
as baseline (annual, recurring program), one-time
(special allocations, grants, loans), and unfunded
(funding source has yet to be identified).

The FY2022 CIP identified an infrastructure capital
funding need of more than $1 billion in Berkeley.

However, these infrastructure needs are constantly
changing due to increased construction costs
and new planning studies that result in updated
cost estimates. Past estimates also focused
primarily on “fix it first” type repairs rather than the transformational infrastructure sought by the Vision
2050 Framework.

For this reason, Table 1 provides an updated list
of infrastructure needs. This list includes updates
from prior estimates and advances Vision 2050 in
several significant ways. It adds asset categories
that are more than simply fixing or repairing an
asset and are about the ultimate use and safety of
the asset. For example, instead of solely identifying
the deferred maintenance in our pavement, the list
includes the cost of fully implementing our adopted
Bicycle and Pedestrian Plans, which would keep
our streets safe for all users, especially bicyclists
and pedestrians. Instead of focusing solely on
traditional infrastructure, it includes trees as an
important infrastructure category and begins to
address the climate crises by building in the cost of
undergrounding the City’s evacuation routes.

Some of these categories have existing, dedicated
funding for which an increase is necessary to cover
these needs. Others categories may require multiple
revenue sources, such as the General Fund, grants,
State and Federal funding, developer contributions,
user rates, and new revenue sources. An estimate
of potential revenue from these funding sources is
provided in Section 4.

Figure 6 summarizes these same needs, grouped by
asset category within each of the four Vision 2050
Program outcomes discussed in Section 3. If these
needs are addressed, then Vision 2050’s goal of
resilient and sustainable infrastructure will
be reached.

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12 July 2022
TABLE 1

INFRASTRUCTURE FUNDING NEEDS
(These are updated on an ongoing basis)
Asset Category Infrastructure Funding
Needs, in 2022 dollars
More immediate needs
Parks, camps, and pools $116,000,000
Watefront $131,000,000
Public buildings $288,000,000
Sidewalks $60,000,000
Streets $248,000,000
Sewers $194,000,000
Stormwater $259,500,000
Traffic Controls, Streetlights, and Parking $26,000,000 Longer-term needs
Bike and Pedestrian plan projects $122,500,000
Maudelle Shirek Building (Old City Hall),
Veterans Memorial Building, Civic Center Park
$110,000,000
Transfer station and recycling center $76,000,000
Transit projects $45,000,000
Trees $21,000,000
Utility Undergrounding $105,000,000
Total Average $1,802,000,000
Table 1’s cost estimates are largely work that would
be capital funded. In some cases, such as with
str
eets and roads, the estimate includes recurring
annual costs to keep the asset performing at the
expected level and without deterioration. The
requirement to fund the annual maintenance of
assets is addressed in the Asset Management
Program discussed in Section 6.

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13Vision 2050 Program Plan

2.2 Community Input and Priorities
To better understand the community’s infrastructure
priorities, the following was completed in winter
2021 through spring 2022:
› Two statistically-reliable surveys of a
representative sample of 500 Berkeley voters
› Meetings with over 25 commissions and local
community organizations
› An online public survey that received over
1,000 responses
› An informational mailer to all Berkeley residents
› Development of a Vision 2050 website
BerkeleyVision2050.org
› Four virtual large area public meetings
All of these efforts have been instrumental in sharing
information and gaining input in the development of
this Program Plan.

A survey in October 2021 of a random,
representative sample of 500 Berkeley voters
elicited respondents’ infrastructure priorities and
found that voters’ top priorities included:
› Increasing affordable housing for
low-income and homeless residents
(79% rated as“important”)
› Upgrading storm drains, green infrastructure,
and watersheds to keep pollution from the Bay
(79% important)
› Developing climate change resiliency, including
protecting against sea level rise, wildfires and
drought (78% important)
› Undergrounding utilities to reduce the risk of
wildfire (73% important)
› Repairing deteriorating streets (73% important)
Figure 6: Infrastructure Funding Needs by Vision 2050 Outcome Objective

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14 July 2022
An online survey was also conducted and a total
of 1,024 responses were received. For the most
part, the results from the online survey aligned with
the scientific survey. More so than the scientific
survey, street repair stood out as a clear top priority followed by affordable housing. The top five
ranked priorities are listed below, with percentages
indicating the number of respondents who ranked
the particular item as top priority:
› 28.5% – Street repair
› 19.2% – Affordable housing
› 8.3% – Bike lanes/safety
› 7.5% – Climate change resiliency
› 6.8% – Pedestrian safety
Input on this Program Plan was gained from four
large area public meetings held on March 30,
April 6, April 13, and April 20 and the following
Commissions: Environment and Climate, Disaster
and Fire Safety, Disabilities, Parks and Waterfront,
Public Works, and Transportation. Berkeley residents
brought their questions, input, and comments, a
summary of which can be found at
BerkeleyVision2050.org.

This program plan reflects input gathered from these
meetings and City Council meetings on May 31 and
June 21, 2022:
› More detail on possible climate and
street investments
› Adding regular five-year updates
› Address overall vision
› Incorporate trees as public infrastructure assets
› Include indicator on tree canopy and diversity
› Address sidewalks
› Address equity and reference existing
equity-based plans
› Include transit
› Explain why affordable housing is being
considered for the revenue measure(s)
› Include developers’ fees as source of revenue
› Address General Fund commitments to
maintaining public infrastructure
› Include public art
› Revise indicators on EVs, sidewalks,
and micromobility
› Revise Program Delivery section to
address paving, traffic safety, and a multi-
benefit approach
› Include more on climate change, e.g.,
resilience and electrification in buildings
› Include reference to the San Pablo Park pool
› Include coordination of programs/projects for
multiple benefits

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15Vision 2050 Program Plan

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16 July 2022
03 INTRODUCING THE
30-YEAR PROGRAM PLAN
16 July 2022

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17Vision 2050 Program Plan

3.1 Outcomes of the Program Plan
This Plan includes visible outcomes. Four major
outcomes have been identified that incorporate and
advance Vision 2050 principles and core values, and
incorporate community input received to date.

The outcomes are shown in Figure 7 and the related
infrastructure components are described below.

Figure 7: Outcomes of the Program Plan
The City’s infrastructure systems are very complex,
are in daily use, and can’t be improved all at once.

This Plan proposes making the improvements over
a 30-year planning period in order to achieve a
sustainable and resilient infrastructure. This is a
reasonable time frame given the need to balance
the work priority, the funding required, tax impacts,
and the ability to deliver the projects. This also
allows time for incorporating new technologies as
they develop.

This 30-year Program Plan provides the
following information:
› The major outcomes from implementing
the Plan
› Implementing the Plan over 30 years
in phases
› Possible results from the first phase

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18 July 2022
Having streets and streetscapes that are safer,
greener, vibrant and enjoyable, use sustainable
technologies, and are in “good” or better condition
is a top priority from the community input, has
been a subject of City audits, and is a priority of
the Council. The asset categories to achieve this
outcome are described below.

Asset Category 1 – Street Surface
The poor condition of Berkeley’s streets has been
documented by the City Auditor’s report Rocky
Road: Berkeley Streets at Risk and Significantly
Underfunded, by residents’ complaints, and by an
overall low Pavement Condition Index (PCI). On a
scale of 0 to 100, streets in a “good” condition have
a PCI between 70 – 79. Berkeley’s streets are “at
risk” with an overall average PCI of 57 and, without
more funding, will continue to deteriorate. From a
community survey conducted in the fall of 2021,
improving the condition of Berkeley’s streets is one
of the community’s highest infrastructure priorities.

The target is to improve Berkeley’s streets to a PCI
of more than 70.

Berkeley’s streets in 2050 will look much different
than today. Personal automobiles will be rarer,
and public transit, ride sharing services, bicycling,
and walking more common. Streets will better
serve all users, and include visible engineering
improvements that make bicycling and walking
safer. These streets will make transit easier, safer,
faster, and more reliable to access and use. Work in
our streets will also require a coordinated approach
to the infrastructure above, both at and below the
street surface. This will require planning that is
integrated and uses concepts such as “Dig Once” .

We also will use other street surface technologies
that are long lasting, help absorb stormwater and
reduce pollution, reduce surface temperatures
and the “urban heat island” effect, and reduce our
dependence on asphalt paving, the production of
which generates greenhouse gas emissions.

The expected outcome is for Berkeley’s street
surface to be in an overall “good” condition, to
move toward using sustainable technologies, and
to have Vision Zero and Dig Once policies fully
implemented.

Asset Category 2 - Sidewalks
Most Berkeley residents use a sidewalk daily, and
many of us much more. Sidewalks in 2050 will be
an even more important part of the transportation
network. They will accommodate and promote the
City’s trees and healthy urban forest, serve users
Outcome 1 – Have Safe and Good Quality Streets
Streets are Safer, More Sustainable, Improved to a Good Condition, and Maintained
Figure 8: Vision 2050 Streets
Reimagine Streets:
› Implement Multi modal Streets with
Protected Sidewalks and Bike Lanes
› Introduce Pervious and/or
Cool Pavement
› Reclaim Street Parking for Trees
and Vegetation
› Promote transit use

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19Vision 2050 Program Plan
of all levels of ability and accessibility, and use
materials that help filter stormwater and reduce
surface temperatures. At present, the City faces a
backlog of thousands of sidewalk repairs that have
been requested by residents. While Measure T1
has significantly reduced that backlog, the backlog
is about to grow again as City staff complete the
first proactive assessment of the City’s sidewalks to
identify repair locations. This proactive assessment
is being conducted as part of the City’s update to
its Americans with Disabilities (ADA) Transition Plan.

The City addresses sidewalk repairs with short-term
grinding and filling of problem areas and long-term
replacement of damaged sidewalks. Where conflicts
with the urban forest exist, tools like meandering
sidewalks are used to reduce or resolve those
conflicts and make tree removal a last resort.

The expected outcome is for the backlog of
Berkeley’s sidewalk repairs to be completed and to
have adequate resources to address future
repair needs.

Asset Category 3 – Bicycle and
Pedestrian Plans
Eighty percent of the collisions that result in deaths
or severe injuries on our streets involve someone
riding a bik
e or walking. Making our streets safer
means prioritizing bicycle and pedestrian safety.

This is especially important to help more residents
and workers choose these fossil fuel-free active
transportation modes, and is why Berkeley’s vision
for the future of its transportation network is to be
multi-modal, fossil-fuel free, and equitably accessed.

The City has adopted the 2017 Bicycle Plan and the
2020 Pedestrian Plan, and has identified projects
to help to bring the City closer to these safe and
accessible multi-modal goals.

The City is transforming the City’s bicycle network
into a low-stress experience with a goal of reducing
motor vehicle conflicts and connecting cyclists with
the most utilized portions of the City. At the end
of the program, over 50 miles of city streets will
comprise bikeways, with 15.8 miles of these streets
being full bicycle boulevards that criss-cross the City.

Walking is also a core mode of transportation in
Berkeley. Improving walkability makes Berkeley
safer, more inclusive, and more connected.

As the most accessible and affordable form
of transportation, walking lies at the core of
an equitable mobility network and a healthy
community. In addition to enhancing Berkeley’s
quality of life, improving walking will help the City
to achieve its Vision Zero Policy goal of zero traffic
deaths and severe injuries.

The Berkeley Pedestrian Plan includes an
infrastructure inventory and an assessment of
pedestrian dema
nd and safety. The plan identifies ten
priority street segments requiring projects to improve
pedestrian safety and walkability. Projects provide
improved street design, upgraded pedestrian crossings,
installed speed management and traffic calming, and
improved sidewalk maintenance and accessibility.

The expected outcome is for Berkeley’s Bicycle and
Pedestrian plans to be fully implemented.

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20 July 2022
Outcome 2 – Protect the Environment
Infrastructure is Resilient, Protects the Environment, and is Adapted to Climate Change Impacts
Global warming is a significant threat to
communities globally and to the City of Berkeley.

Berkeley’s 2009 Climate Action Plan, 2016 Resilience
Strategy, and 2019 Local Hazard Mitigation Plan
establish city-wide actions to reduce greenhouse
gas emissions and adapt to climate change impacts.

The message is clear that the City’s infrastructure
must be resilient to prepare the City for these risks.

Key goals of the City’s climate action plans are to
use energy more efficiently, transition to renewable
energy as a power source for both buildings and
transportation, improve access to sustainable
transportation modes, recycle our waste, and build
local food systems. The asset categories to achieve
this outcome are described below.

Asset Category 1 - Stormwater and
Watershed Management
The 2012 Watershed Management Plan (WMP)
identified projects to improve storm dr
ains,
restore creeks, attenuate peak flows and to reduce
pollutants entering San Francisco Bay. That project
modelled the Potter and Codornices watersheds.

The City is in the process of updating the WMP .

The updated plan will consider flooding and
drought caused by extreme storm events, sea
level, and groundwater rise, implementation of the
Green Infrastructure Plan, and modelling of all the
watersheds. Infrastructure improvements will include
storm drains, flow attenuation basins, permeable
surfaces, bio-swales, and improvements at
Aquatic Park.

The expected outcome is to have a stormwater
system that addresses future climate impacts,
reduces impervious surfaces, minimizes flooding,
meets the City’s stormwater discharge permit into
San Francisco Bay, prevents pollution from reaching
the San Francisco Bay, and revitalizes the
urban watershed.

Asset Category 2 - Sewers
The City’s wastewater collection system includes
approximately 254 miles of City-owned sanitary
Asset Category 4 - Traffic Controls,
Streetlights, and Parking
In support of creating safe, accessible, and easy to
use streets, the City of Berkeley is planning upgrades
to existing traffic signals, including detection at 67
locations, ADA accessibility, pedestrian push buttons
at 103 locations, and battery back-ups at 124
locations. Public Works maintains 8,011 streetlights
and is planning replacements and upgrades of
2,100 parking meters and 240 pay stations.

The expected outcome is for these traffic controls,
streetlights, and parking needs to be addressed.

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21Vision 2050 Program Plan
sewers, 7,200 manholes and other sewer structures,
seven pump stations, and approximately 31,600
service laterals. The City is responsible for
maintenance and repair of the lower portion of
the service laterals (located within the public right-
of-way) from the property line cleanout to the
connection to the City’s sewer main. Wastewater
generated in the City’s collection system is conveyed
to the East Bay Municipal Utility District (EBMUD)
wastewater interceptor system and is treated at
EBMUD’s Main Wastewater Treatment Plant.

During the 1980s, EBMUD and the seven Satellite
agencies conducted studies to address the problem
of overflows and bypasses of untreated wastewater
that occurred during large wet weather events
due to excessive infiltration and inflow (I/I) into the collection systems. These studies resulted in a long-
term program of construction of collection system
relief sewers and sewer rehabilitation. The City has
rehabilitated or replaced over 200 miles of its gravity sewers and associated lower laterals over the past
30 years. Since 2006, the City has also implemented
a private sewer lateral (PSL) certification program
requiring the inspection and/or repair or
replacement of private (upper) sewer laterals at the
time of property transfer or major building remodel.

The seven Satellites and EBMUD are in a Consent
Decree with the U.S EPA, the State Water Resources
Control Board, and the Regional Water Quality
Control Board, which establishes requirements for
achieving the elimination of untreated wastewater
overflows and bypasses over the next 20 to 25 years.

The expected outcome is to comply with the City’s
requirements in the Consent Decree and seal the
sewer system from storm water intrusion, thereby
reducing the risk of untreated sewage reaching the
Bay during wet weather. This will become even more
important as storms intensify due to the
climate crisis.

Asset Category 3 - Undergrounding
Overhead Utility Wires
The City of Berkeley’s stated goal, as outlined in
the General Plan, Disaster Preparedness and Safety
Element, is to ensure the City’s disaster related
efforts are directed toward preparation, mitigation,
response and recovery from disaster shocks. The
Berkeley Local Hazard Mitigation Plan states that our
two greatest disaster challenges are a Hayward Fault
rupture and Wildland Urban Interface (WUI) fire.

The climate crisis will result in periods of drought
followed by very wet winters, producing heavy
vegetation, dry summers, and hot easterly winds
in the late summer. These conditions are known to
create significant fires such as the 1991 Oakland
Hills Tunnel Fire and fires in many parts of California in the past five years.

Methods to reduce the threat of overhead
wires creating WUI fires include aggressive
vegetation management and other fire hardening
techniques. Overhead power lines, more so than
undergrounded wires, can exacerbate unsafe
conditions either by contributing to the disaster itself or hampering public safety efforts and evacuations.

Earthquakes and landslides can knock over utility
poles creating a special hazard. In an earthquake,

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22 July 2022
poles have a tendency to sway in opposite directions
causing wires to snap and throw sparks. Some of
California’s biggest fires have started because of live wires in contact with combustible fuel.

The Public Works Commission led a three-phase
study to underground overhead utility wires in
Berkeley. The Phase 3 report recommended
undergrounding along evacuation routes to support
public safety through ingress of first responders
and egress of community members in the event of a
major disaster.

The expected outcome is to implement the Phase 3
study recommendations to underground overhead
utility wires along Berkeley’s evacuation routes and
to support neighborhoods in fire zones that choose
to underground.

Asset Category 4 – Electrification
of Buildings Neighborhoods
and Transportation
A major goal of Vision 2050 is to decrease the City’s
overall climate impact. This effort requires both the
reduction of City-wide energy use and transition
away from fossil fuels to renewable energy. The
Existing Buildings Electrification Strategy in 2021
transitions existing buildings in Berkeley from natural gas appliances to all-electric alternatives in a way
that benefits all residents, especially members of
historically marginalized communities. As identified
in the City’s Resilience Strategy and Climate Action
Plan, Berkeley seeks an energy system that, by 2045,
is carbon neutral and delivers carbon-free electricity
across a highly distributed system. Multifaceted
changes to existing infrastructure and its uses are
required to achieve carbon neutrality. Improvements
to the existing energy grid may include, among
other items:
› Increasing electricity distribution capacity to
accommodate neighborhood electrification and
mobility charging, in coordination with streets
and other infrastructure improvements
› Improving or expanding access to transformers,
vaults, and switchgears
› Seeking opportunities to decommission
gas pipes in areas where buildings or
neighborhoods are transitioning to all-electric
› Supporting solar energy and storage for critical
facilities that prioritizes renewable backup
power over diesel generators, including mobile
batteries and electric vehicle-to-
building connections
› Increasing electric vehicle infrastructure
for municipal fleet and distributed mobility
charging for residents
The expected outcome is to achieve the City’s goal
of becoming a fossil fuel-free city as soon
as possible.

Asset Category 5 – Urban Forest
The City’s municipal forest includes approximately
42,000 street, park, and median trees. These are
often referred to as “city trees” or “public trees.”

CLIMATE EQUITY FUND

PILOT PROGRAMS
In 2021, the Berkeley City Council allocated
$600,000 for Climate Equity Fund Pilot
Programs that provide decarbonization
and resilience programs for low income
community members to retrofit homes,
increase access to electric bikes or other
forms of electric micro mobility, and gain
access to resilience measures and other
electrification measures.

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23Vision 2050 Program Plan
They are maintained by the Parks, Recreation, and
Waterfront’s Urban Forestry Unit, which performs
pruning, removing, and planting trees. These trees
are hard at work. They remove pollutants and carbon
dioxide from the air, help cool the City during the
summer, absorb stormwater during storms, and help
the City stay green and support a high quality of life.

However, there are approximately 10,000 vacant tree
locations and many of these locations are in areas
with higher proportions of low-income residents
of color. The expected outcome is to increase our
City’s tree canopy by planting thousands more trees
for the purpose of enhancing our urban forest,
sequestering carbon, addressing equity, mitigating
urban heat island impacts, and improving quality
of life.

Asset Category 6 - Specific Resilience
Infrastructure Assets
While limiting City-wide climate impact is necessary,
the effects of global warming are already testing
traditional infrastructure and will continue to push
our resources to their limits. Worsening drought
conditions, increased risk of extreme weather
events such as flooding and sea level rise create
major challenges for our water supplies, watershed
management, and resilience of our underground
infrastructure systems. These events also have
implications on the safety, health, and well-being
of the community. The City has identified several
new technologies and infrastructure to build while
working towards climate adaptation and resilience.

Some of the new infrastructure and adaptation
strategies include:
› Develop rainwater catchments, expanding
the use of gray water and expanding the
distribution and use of EDMUD recycled water
(purple pipe) for landscaping irrigation.
› Use natural green infrastructure solutions
including infiltration basins, wetlands,
bioswales, permeable paving, etc. to mitigate
flooding from the combined effects of
groundwater, sea level rise, and extreme
rain events.
› Increase the urban forestry canopy and use cool
paving technologies to protect against
extreme heat.
› Upgrade Community Resilience Centers
and Resilience Hubs to ensure respite and
evacuation capacity.
› Identify and manage urban – wildland forest
canopy to mitigate wildfire risks.
› Install technologies such as air filtration to
mitigate wildfire smoke impacts.
› Use “cool” paving and reduce dark asphalt
street surfaces to combat urban heat
island effects.
› Improve seismic safety systems in City facilities
to reduce impacts from future earthquakes.

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24 July 2022
Outcome 3 – Promote Quality of Life
Open Space, Parks, and Recreation Improve Our Quality of Life A key outcome of the Vision 2050 initiative is to
improve our overall quality of life through the
promotion of open spaces, parks, and recreational
opportunities. The asset categories to achieve this
outcome are described below.

Asset Category 1 - Parks
The City has 52 parks that contain 15 athletic fields,
49 sports courts (basketball and tennis), and 63 play
areas. Many parks need significant improvements
to pathways, lighting, irrigation systems, play
structures, and athletic fields. The expected outcome
is to implement these improvements.

Asset Category 2 – Pools
The City has two swimming pools, one by King
Middle School and the other at West Campus. The
pools require improvements to the locker rooms and
office areas, and improvements to piping, decking,
tiling, and roofs. While the King pool has a 30-year
lease, the West Campus site has a five-year lease
with the possibility that a new pool will be built at
San Pablo Park that serves south and west
Berkeley residents.

Asset Category 3 – Park Buildings
and Restrooms
The City has four community centers, 2 clubhouses,
29 restrooms, and outbuildings. Many of the
required improvements have been made with
funding from Measure T1. Future improvements
include seismic/deferred maintenance at some
park buildings, renovation of existing restrooms,
and construction of new restrooms. The
expected outcome is to implement the required
improvements, including electrification, elimination
of natural gas connections, and the addition of solar
and battery storage, where feasible.

Asset Category 4 – Camps
The City of Berkeley’s non-resident camps include
Cazadero Camp located off the Russian River, Echo
Lake Camp located just above South Lake Tahoe,
and Berkeley Tuolumne Camp located just east of
Yosemite Park. These camps include hundreds of
facilities, amphitheaters, bridges, pathways, water
systems, and swimming pools.

There are two significant camp projects in progress.

The rebuilding of Berkeley Tuolumne Camp is
nearly completed and is scheduled to reopen in the
summer of 2022. At Cazadero Camp, the Jensen
Dorm, which was destroyed by a landslide in 2016,
has been reconstructed. These projects are primarily
funded by insurance.

The expected outcome is to complete the
construction at the camps and to have them back
in operation.

Asset Category 5 – Waterfront
The Waterfront is the largest public marina in the
Bay Area located on 125 acres of land and 50
acres of water, and includes approximately 1,040
berths, public access docks, pilings, channels,
streets, pathways, parking lots, buildings, restrooms,
buildings, and small boat launch ramps.

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25Vision 2050 Program Plan
Outcome 4 – Have Safe Public Facilities
Public Facilities are Safe, Resilient, and Provide Community Placemaking The City is responsible for maintenance of 95
facilities, not including Library facilities and facilities leased to other entities. These facilities include 39
facilities in the Parks, Recreation, and Waterfront
inventory and 56 facilities in the Public Works
inventory. These facilities house City staff and are
places where residents receive public services.

These facilities need to be safe, healthy, and resilient, and provide community placemaking, where the
connection between people and these places is
strengthened. The asset categories to achieve this
outcome are described below.

Asset Category 1 – Public Buildings
In 2013, staff retained a consultant to perform
assessments and provide updated condition reports
and cost estimates for the City’s facility inventory.

The recommended improvements are extensive.

All projects included in these assessments are
considered either major maintenance or capital
projects. Despite support from a variety of City
funds, the cost for routine maintenance, major
maintenance, and capital improvements far exceeds
currently existing sources of funds.

The expected outcome is that condition
assessments of the City’s public buildings will be
conducted regularly, and necessary improvements
identified and completed. These improvements
include electrification, elimination of natural gas
There are many funding needs at the Waterfront,
where many of the facilities have reached the
end of their useful life and are starting to fail.

As documented in multiple reports, there is a
diminishing ability to pay for the pressing capital
needs in the Waterfront. The Marina Fund is the
City’s mechanism for managing all Waterfront
revenues and expenditures. Revenues steeply
declined in the last two years as a result of safety
and security concerns and failing infrastructure.

The combination of falling revenue and increasing
expenditure needs have strained the relatively small
Marina Fund to a breaking point.

The City has begun a long-term planning effort
– the Berkeley Marina Area Specific Plan (Figure
9)– to establish the community’s vision for the
Waterfront and to plan for making the Marina
Fund viable and stable. There is still a need to
address urgent infrastructure repairs to finger
docks, pilings, electrical systems, and restrooms.

If these investments are not made, facilities and
infrastructure will either require more costly
emergency funding or be closed as in the case of
the Berkeley Pier.

The expected outcome is to make the urgent repairs,
complete the Berkeley Marina Area Specific Plans,
and to return the Marina Fund to solvency.
› Ensure Structural Integrity
› Develop for Recreational Use
Figure 9: Marina Community Vision

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26 July 2022
connections, and addition of solar and battery
storage, where feasible.

Asset Category 2 – Civic Center
The Civic Center comprises portions of the area
surrounding Martin Luther King Jr. Civic Center Park
including the Maudelle Shirek Building “Old City
Hall” (1909) and the Veterans Memorial Building
(1928). Presently, the historic buildings have
decades of accumulated deferred maintenance
and are seismically unsound. As part of the city’s
Measure T1 program, the Veterans Memorial
Building and Old City Hall were slated for structural
analysis and visioning of possible conceptual design
alternatives, in concert with Civic Center Park. A
consultant was retained to conduct a community
outreach strategy, perform an assessment of the
existing infrastructures, identify programs and
functions for the two buildings, develop concepts
for improvements for the Park. The consultant
completed this work and presented a suite of
financing and revenue generation strategies for the
facility. City Council approved the following vision:

The expected outcome is to design and construct
a Civic Center consistent with this vision and to
provide placemaking.

Asset Category 3 – Transfer Station and
Recycling Center
The city’s current solid waste transfer station was
opened in 1983. In the late 1980s, Berkeley’s
recycling operations relocated to the site to be
operated by the Community Conservation Center.

In the 1990s, the residential recyclable collection
operator, the Ecology Center, was allocated an area
at the site for its operations yard and office building.

These facilities are not integrated and operations are
not coordinated in a way that provides customers
ease of use, access, or efficient drop-off of materials.

These facilities do not meet current seismic
requirements, have not been upgraded or improved
since constructed, exceed their serviceable life, and
cannot help meet the city’s Zero Waste Goal.

The city retained a consultant to conduct a feasibility study to build a new solid waste transfer and
recycling facility. Through active collaboration and
community participation between November 2018
to May 2019, the city has developed a consensus
around two conceptual facility designs.

The expected outcome is that the CEQA analysis
and design of the approved project will be
completed and a replacement facility constructed
that helps the city achieve its Zero Waste goal.

CIVIC CENTER VISION
The Civic Center will be the heart of Berkeley’s
community. Civic Center will be the prime
space for civic life, culture, and the arts. It will
reflect the city’s diverse identities, celebrating
its history, and contributing to shaping its
future. A place of shared resources and a
platform for free expression accessible to all,
Civic Center aims to manifest the city’s values,
advance social justice, and demonstrate the
power of true public space.

Award Winning Remodel of
the Mental Health Building

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Berkeley City CouncilMarch 12, 2024

Berkeley City Council
March 12, 2024