Berkeley City Council
March 26, 2024

Tuesday, March 26, 2024 AGENDA Page 1

AG E N D A

BERKELEY CITY COUNCIL MEETING
Tuesday, March 26, 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/1618014669. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 161 801 4669. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair. Please be mindful that the meeting will be recorded.

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

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

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

Tuesday, March 26, 2024 AGENDA Page 2
Preliminary Matters
Roll Call:

Land Acknowledgement Statement: The City of Berkeley recognizes that the community we live in was built on the territory of xučyun (Huchiun (Hooch-yoon)), the ancestral and unceded land of the Chochenyo (Cho-chen-yo)-speaking Ohlone (Oh-low-nee) people, the ancestors and descendants of the sovereign Verona Band of Alameda County. This land was and continues to be of great importance to all of the Ohlone Tribes and descendants of the Verona Band. As we begin our meeting 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 w ill be selected to address matters not on the Council agenda and each person selected will be allotted one minute each. Persons attending the meeting in-person and wishing to address the Council on matters not on the Council agenda during the initial ten-minute period for such comment, must submit a speaker card to the City Clerk in person at the meeting location and prior to commencement of that meeting. The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda.

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

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

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

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

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

Tuesday, March 26, 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. 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 second reading of Ordinance No. 7,900-N.S. 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.

First Reading Vote: All Ayes.

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

2. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of February 5, 2024 (closed), February 13, 2024 (regular), February 20 (closed), February 27, 2024 (special and regular) and February 29, 2024 (special).

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

3. Contract No. 32200202 Amendment: Extending the Lease for the Real Property at 1461 University Avenue
From: City Manager
Recommendation: Adopt an Urgency Ordinance authorizing the City Manager to execute an amendment to Contract No. 32200202 with Shree Jalasai Lodging, LP for the real property located at 1461 University Avenue, Berkeley, for the purposes of extending the interim noncongregate shelter program at this location to accommodate a longer-than-anticipated Homekey sales process. The proposed contract amendment will extend the term on a month-to-month basis for no longer than 6 months and increase the total cost by up to $975,756, with actual costs pro- rated based on the length of the lease, for a new contract not-to-exceed amount of $4,872,158.

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

Consent Calendar
Tuesday, March 26, 2024 AGENDA Page 4

4. Contract: Housing Consortium of the East Bay (HCEB) to operate shelter at the Rodeway Inn
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Housing Consortium of the East Bay (HCEB) to operate an interim housing program at the Rodeway Inn (1461 University Ave.) through September 30, 2024.

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

5. Contract No. 31900162 Amendment: Pride Industries Contract for Janitorial Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend the City’s contract with Pride Industries (Contract No. 31900162) through June 30, 2025, and to approve additional appropriations related for performance of this contract.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

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

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

7. Contract No. 32400009 Amendment: Stella Courier for Satellite Mail Services/Mail Room Coverage
From: City Manager
Recommendation: Adopt a Resolution approving an additional $50,000 to Contract 32400009 with Stella Courier, and authorizing the City Manager to amend the contract accordingly.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

8. Contract: Marina Landscape for Wildfire Safe Model Garden Construction at Firehouse #4
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or their designee to award a contract and execute any amendments, extensions, or change orders with Marina Landscape in an amount not-to-exceed $275,000 over a two-year period, to provide landscaping, irrigation installation, grading, and the removal of previous vegetation around Berkeley Firehouse #4.

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

Consent Calendar
Tuesday, March 26, 2024 AGENDA Page 5

9. Contract No. 32400033 Amendment: Strategic Economics for Affordable Housing Requirements Economic Feasibility Analysis
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract no. 32400033 with Strategic Economics, increasing the contract amount by $50,000 for contract services in a total amount not to exceed $200,000, with a contract end date of January 15, 2025.

Financial Implications: See report.

Contact: Margot Ernst, Health, Housing, and Community Services, (510) 981-5400

10. Contract No. 31900225 Amendment: LifeLong Medical Care to fund No Place Like Home (NPLH) supportive services at Maudelle Miller Shirek From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 31900225 with LifeLong Medical Care (LLMC) to add $15,300 to provide No Place Like Home (NPLH) tenancy sustaining services at Maudelle Miller Shirek for a total contract amount not to exceed $2,873,947.

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

11. Contract Amendment: The Labor Compliance Managers for Labor Standards Enforcement Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to the Contract with The Labor Compliance Managers increasing the contract by $50,000 for consulting services for a total amount not to exceed $100,000.

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

12. Contract for Health Officer Coverage
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute a contract with Dr. Gail Newel for Health Officer services during periods when the City Health Officer is out of the office for the period May 1, 2024 through May 1, 2025 in an amount not to exceed $30,000.

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

Consent Calendar
Tuesday, March 26, 2024 AGENDA Page 6

13. Appointment of Director of Public Works
From: City Manager
Recommendation: Adopt a Resolution confirming the appointment of Terrance Davis as the Director of Public Works to be effective April 15, 2024 at an annual salary of $260,000.

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

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

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

15. Contract No. 32400015 Amendment: California Consulting for on-call grant writing services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32400015 with California Consulting, Inc. for on-call grant writing services to increase the contract amount by $303,000 for a new not-to- exceed amount of $350,000 and extend the contract term to June 30, 2026.

Financial Implications: Various Funds - $350,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

16. Fiscal Year 2025 Street Lighting Assessments – Initiating Proceedings From: City Manager
Recommendation: Adopt two Resolutions describing proposed improvements to be used to determine the annual assessments levied for Berkeley Street Lighting Assessment District No. 1982-1 and Street Lighting Assessment District No. 2018, and ordering the preparation of Engineer’s Reports.

Financial Implications: See report.

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

Consent Calendar
Tuesday, March 26, 2024 AGENDA Page 7

17. Purchase Order Extension Authorizations for Critical Vendors of Equipment Maintenance Parts and Services for Multiple Departments From: City Manager
Recommendation: Adopt fourteen Resolutions authorizing the City Manager to execute extensions of existing multi-year purchase orders for Equipment Maintenance Parts and Services as described below through June 30, 2025:

1. Purchase Order with Golden State Emergency Vehicle for Fire vehicle repairs increased by $500,000 to a new total Purchase Order amount not to exceed $800,437.50.

2. Purchase Order with Pape Machinery, Inc. for heavy equipment parts and repairs increased by $375,000 to a new total Purchase Order amount not to exceed $666,697.50.

3. Purchase Order with City Auto Supply for ongoing vehicle parts increased by $250,000 to a new total Purchase Order amount not to exceed $432,447.50.

4. Purchase Order with Fleetwash, Inc. for vehicle washing increased by $200,000 to a total Purchase Order amount not to exceed $372,615.

5. Purchase Order with Coast Counties Truck & Equipment Co. for heavy equipment parts increased by $225,000 to a new total Purchase Order amount not to exceed $351,730.

6. Purchase Order with Arata Equipment Company for Zero Waste vehicle parts and repairs increased by $210,000 to a new total Purchase Order amount not to exceed $320,180.

7. Purchase Order with TEC of California, Inc. for vehicle parts and accessories increased by $200,000 to a new total Purchase Order amount not to exceed $305,000.

8. Purchase Order with Future Ford of Concord for auto/truck parts and service increased by $205,000 to a new total Purchase Order amount not to exceed $300,000.

9. Purchase Order with Acme Rigging & Supply Company, Inc. for wheel loader and heavy equipment parts increased by $200,000 to a new total Purchase Order amount not to exceed $285,995.

10. Purchase Order with Western Truck Center in an amount not to exceed $260,000.

11. Purchase Order with Southern Counties Lubricants LLC for vehicle lubricants increased by $175,000 to a new total Purchase Order amount not to exceed $238,500.

12. Purchase Order with McNeilus Truck and Manufacturing Company for Zero Waste truck parts increased by $150,000 to a new total Purchase Order amount not to exceed $200,000.

13. Purchase Order with California Covers for upholstery services increased by $60,000 to a new total Purchase Order amount not to exceed $110,881.01.

14. Purchase Order with Berry Brothers for towing services increased by $15,000 to a new total Purchase Order amount not to exceed $50,000.

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

Consent Calendar
Tuesday, March 26, 2024 AGENDA Page 8

18. Filling Vacancies Among the Elected Representatives of the Poor From: Human Welfare and Community Action Commission
Recommendation: Adopt a Resolution confirming the appointment of Cheryl Atkinson (District 1) as an elected representative of the poor on the Human Welfare and Community Action Commission (HWCAC), having been voted at the HWCAC February 7, 2024 meeting, and that their term expires November 28, 2024.

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

19. Response to Council Referral: Long Term Care Facility Oversight From: Community Health Commission
Recommendation: Refer to the City Manager and the budget process the (1) establishment of an enhanced Ombudsperson program for oversight of Skilled Nursing Facilities and Residential Care Facilities for the Elderly, and (2) early implementation of the Centers for Medicare & Medicaid Services (CMS) proposal for minimum nursing staffing levels ahead of the three-year period proposed by CMS.

Financial Implications: See report
Contact: Kellie Knox, Commission Secretary, (510) 981-5301

Council Consent Items

20. Budget Referral: Funding to Protect Pedestrian Safety on Upper Marin Avenue From: Councilmember Hahn (Author), Councilmember Wengraf (Co-Sponsor), Councilmember Taplin (Co-Sponsor), Councilmember Humbert (Co-Sponsor) Recommendation: Refer to the Budget Process up to $200,000 for study and implementation of traffic control measures on upper Marin Avenue to address urgent safety needs for pedestrians.

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

21. Proclamation in Honor of City of Berkeley Holocaust Remembrance Day From: Councilmember Wengraf (Author), Mayor Arreguin (Co-Sponsor), Councilmember Hahn (Co-Sponsor), Councilmember Taplin (Co-Sponsor) Recommendation: Adopt the Holocaust Remembrance Day Proclamation for the City of Berkeley’s 21st Annual Holocaust Remembrance Day. The program will take place virtually on Sunday, May 5th, 2024.

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

Council Consent Items
Tuesday, March 26, 2024 AGENDA Page 9

22. 2024 Virtual Holocaust Remembrance Day Program: Relinquishment of Council Office Budget Funds from General Funds and Grant of Such Funds From: Councilmember Wengraf (Author), Mayor Arreguin (Co-Sponsor), Councilmember Hahn (Co-Sponsor), Councilmember Taplin (Co-Sponsor) Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember, including $500 from Vice Mayor Wengraf, to support the City’s Annual Holocaust Remembrance Day program with funds relinquished to the City’s general fund. The relinquishment of funds from Vice Mayor Wengraf’s discretionary Council Office Budget and all other Councilmembers who would like to contribute, allows the City of Berkeley to invite the community to its 21st Annual Holocaust Remembrance Day virtual program, created by the community with City Council support. This year’s program will be held virtually on May 5th, 2024.

Register via Eventbrite to attend.

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

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

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

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

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

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

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

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

Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more

Action Calendar – Public Hearings
Tuesday, March 26, 2024 AGENDA Page 10
than four minutes. The Presiding Officer may with the consent of persons representing both sides of an issue allocate a block of time to each side to present their issue.

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

23. Zoning Ordinance Amendments to Berkeley Municipal Code Chapter 23.326 Demolition and Dwelling Unit Controls
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt first reading of an Ordinance regarding amendments to Berkeley Municipal Code Chapter

23.326 Demolition and Dwelling Unit Control Ordinance.

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

Action Calendar – New Business

24a. Dissolution of the Human Welfare and Community Action Commission and the Peace and Justice Commission; and, establishment of the Human Welfare, Peace and Justice Commission
From: City Manager
Recommendation: Adopt first reading of an Ordinance to:

1. Repeal Chapter 3.68, Peace and Justice Commission; and,

2. Repeal Chapter 3.78, Human Welfare and Community Action Commission; and,

3. Establish the Human Welfare, Peace and Justice Commission with Chapter 3.70 Financial Implications: See report
Contact: Margot Ernst, Health, Housing, and Community Services, (510) 981-5400

24b. Reform the Human Welfare and Community Action Commission by amending rules regarding the Commission’s composition, number of members, filling of vacancies, election of low-income representatives, enumerated functions, and other changes
From: City Manager
Recommendation: Adopt first reading of an Ordinance to reform the Human Welfare and Community Action Commission (HWCAC)
Financial Implications: See report
Contact: Margot Ernst, Health, Housing, and Community Services, (510) 981-5400

Information Reports

25. Fiscal Year 2024 Mid-Year Budget Update
From: City Manager
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000

Information Reports
Tuesday, March 26, 2024 AGENDA Page 11

26. Two consecutive meetings canceled for lack of quorum From: Homeless Services Panel of Experts
Contact: Josh Jacobs, Commission Secretary, (510) 981-5400

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

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

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

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

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

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

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

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

COMMUNICATION ACCESS INFORMATION:

This meeting is being held in a wheelchair accessible location.

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

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

Tuesday, March 26, 2024 AGENDA Page 12

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 t his meeting of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on March 14, 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 communicat ions are available for viewing at the City Clerk Department and through Records Online.

Item #20: Budget Referral: Funding to Protect Pedestrian Safety on Upper Marin Avenue

1. Shodie Lyon
Item #23: Zoning Ordinance Amendments to Berkeley Municipal Code Chapter

23.326 Demolition and Dwelling Unit Controls

2. John Selawsky

Item #24a: Dissolution of the Human Welfare and Community Action Commission and the Peace and Justice Commission; and, establishment of the Human Welfare, Peace and Justice Commission

3. Janice Schroeder

4. Human Welfare Community Action Commission (HWCAC)

Greenhouse Gas Emissions Plan

5. Derek Young

Traffic Safety

6. Tucker Pinochi, on behalf of Ecole Bilingue de Berkeley

Berkeley Unified School District Parking Lot

7. Amy

Tuesday, March 26, 2024 AGENDA Page 13
Bike Lanes

8. Alex Merenkov

9. Nadia Rojas

Scooters Parked Illegally

10. Sean McMahon (2)

11. Monica DiLullo, on behalf of Veo

Smokefree Multiunit Housing

12. Carol Denney (2)

Restrooms at Channing Way & Telegraph Avenue

13. Greg Dabel (2)

People’s Park

14. Holly Scheider

2021 Mason Tillman Report

15. Elana Auerbach

Gaza and Israel

16. Torie White

17. Karrie Keyes

18. Hannah Beth Schlacter

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

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

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

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

Ordinance No. 7,900-N.S. Page 1 of 1
ORDINANCE NO. 7,900-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.

At a regular meeting of the Council of the City of Berkeley held on March 12, 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.

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,

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

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

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

Premises, nor shall Tenant mark, paint, drill or in any way deface any floors, walls, ceilings, or partitions of the Premises without 1) first providing thirty (30) days' written notice to Landlord and 2) obtaining City of Berkeley Building Permits as required by the Berkeley Municipal Code as it exists at the time of such improvements. Failure to notify the Landlord or failure to obtain Building Permits or meet other regulatory requirements shall constitute a default by Tenant. b. Tenant shall require all contractors to provide a labor and materials bond for the full amount of the contract. Tenant shall pay, when due, all sums of money that may be due or become due for any labor, services, materials, supplies or equipment furnished to or for Tenant, in, at, upon or about the leased Premises and which may be secured by any mechanic's, materialmen's or other lien against the Premises or Landlord's interest therein. c. All alterations, improvements or additions that are now or in the future attached permanently to the Premises shall be the property of Landlord and remain with the Premises at the termination of this lease, except that Landlord can elect within thirty (30) days of the termination of the lease to require Tenant, at its cost, to remove any alterations, improvements or additions Tenant has made to the Premises.

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

13. INSURANCE
a. Tenant at its cost shall maintain public liability \ insurance with a single combined liability limit of $2,000,000 and property insurance against all risks of loss to any Tenant improvements or betterments, at full replacement cost with no coinsurance penalty provision insuring against all liability of Tenant and its authorized representatives arising out of and in connection with Tenant's use or occupancy of the Premises. All such insurance shall insure performance by Tenant of the preceding indemnity provisions. All insurance shall name the City of Berkeley, its officers, agents, volunteers and employees as additional insureds and shall provide primary coverage with respect to the City. b. If the insurance referred to above is written on a Claims Made Form, then

following termination of this lease, coverage shall survive for a period of not less than five years.

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

agencies. Upon release of hazardous materials or hazardous waste at the property or adjacent to the property, Tenant shall immediately notify the City of Berkeley Toxics Management Division.

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

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

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

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

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

prior written consent.

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

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

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

19. OPPRESSIVE STATES 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.

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

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

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

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

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

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

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

22. SANCTUARY CITY CONTRACTING ORDINANCE

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

Immigration and Customs Enforcement Division of the United States Department of Homeland Security with any Data Broker or Extreme Vetting Services as defined herein:
a. “Data Broker” means either of the following: (1) The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies; (2) the aggregation of data that was collected for another purpose from that for which it is ultimately used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services. Extreme Vetting does not include: (1) The City’s computer-network

health and performance tools; (2) Cybersecurity capabilities, technologies and systems used by the City of Berkeley Department of Information Technology to predict, monitor for, prevent, and protect technology infrastructure and systems owned and operated by the City of Berkeley from potential cybersecurity events and cyber-forensic based investigations and prosecutions of illegal computer-based activity.

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

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

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

26. DAMAGE OR DESTRUCTION
If the Premises are totally or partially destroyed from any cause, rendering the Premises totally or partially inaccessible or unusable, Landlord may elect to terminate this lease

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

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

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

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

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

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

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

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

pay the rent that is in arrears, as the case may be, within the applicable period of time, or quit the Premises. No such notice shall be deemed a forfeiture or a termination of this lease unless Landlord so elects in the notice. The purpose of the notice requirements set forth in this section is to extend the notice requirements of the unlawful detainer statutes of California.

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

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

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

If Landlord elects to relet the Premises as provided in this paragraph, rent that Landlord receives from reletting shall be applied to the payment of: first, any indebtedness from Tenant to Landlord other than rent due from Tenant; second, all costs, including for maintenance, incurred by Landlord in reletting; third, rent due and unpaid under this lease. After deducting the payments referred to in this paragraph, any sum remaining from the rent Landlord receives from reletting shall be held by Landlord and applied in payment of future rent as rent becomes due under this lease. In no event shall Tenant be entitled to any excess rent received by Landlord. If, on the date rent is due under this lease, the rent received from the reletting is less than the rent due on that date, Tenant shall pay to Landlord, in addition to the remaining rent due, all costs, including for maintenance, Landlord incurred in reletting that remain after applying the rent received from the reletting as provided in this paragraph. b. Termination of Tenant's Right to Possession. Landlord can terminate Tenant's right to possession of the Premises at any time. No act by Landlord other than giving notice to Tenant shall terminate this lease. Acts of maintenance, efforts to relet the Premises, or the appointment of a receiver on Landlord's initiative to protect Landlord's interest under this lease shall not constitute a termination of Tenant's right to possession. On termination, Landlord has the right to recover from Tenant:

i. The worth, at the time of award, of the unpaid rent that had been earned at the time of termination of this lease;
ii. The worth, at the time of award, of the amount by which the unpaid rent that would have been earned after the date of termination of this lease until the time of award exceeds the amount of the loss of rent that Tenant proves could have been reasonably avoided;
iii. The worth, at the time of award, of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of the loss of rent that Tenant proves could have been reasonably avoided; and
iv. Any other amount, and court costs, necessary to compensate Landlord for all detriment proximately caused by Tenant's default. "The worth, at the time of award," as used in i and ii of this section, is to be computed by allowing interest at the maximum rate an individual is permitted by law to charge. "The worth, at the time of award," as referred to in iii of this section, is to be computed by discounting the amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus 1%.
c. Appointment of Receiver. If Tenant is in default of this lease Landlord shall have the right to have a receiver appointed to collect rent and conduct Tenant's business. Neither the filing of a petition for the appointment of a receiver nor the appointment itself shall constitute an election by Landlord to terminate this lease.
d. Landlord’s Right to Cure. Landlord, at any time after Tenant commits a default, can cure the default at Tenant's cost. If Landlord at any time, by reason of Tenant's default, pays any sum or does any act that requires the payment of any sum, the sum paid by Landlord shall be due immediately from Tenant to Landlord at the time the sum is paid, and if paid at a later date shall bear interest at the maximum rate an individual is permitted by law to charge from the date the sum is paid by Landlord until Landlord is reimbursed by Tenant. The sum, together with interest on it, shall be additional rent.

30. ASSIGNMENT AND SUBLETTING
Tenant shall not voluntarily assign or encumber its interest in this lease or in the Premises, or sublease all or any part of the Premises, or allow any other person or entity (except Tenant's authorized representative) to occupy or use all or any part of the Premises, without first obtaining Landlord's consent. Any assignments, encumbrance, or sublease without Landlord's consent shall be voidable and, at Landlord's election, shall constitute a default. No consent to any assignment, encumbrance, or sublease shall constitute a further waiver of the provisions of

this paragraph.

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

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

To the Landlord: 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]

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

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

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

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

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

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

of the Premises. Except, however, that the initial monthly rent and yearly rent increases for the option period shall not be less than that provided during the initial lease term.

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

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

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

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

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

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

42. ENTIRE AGREEMENT, AMENDMENTS
This lease and all exhibits attached and any documents expressly incorporated by

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

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

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

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

LANDLORD

CITY OF BERKELEY
By:

City Manager
Registered on behalf
of the City Auditor by:

Finance Department
Attest by:

City Clerk
TENANT
By:

Printed Name: Robbi Montoya
Title:

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

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

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

Exhibit C

PAYMENTS

Exhibit D

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

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

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

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

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

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

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

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

6. Tenant shall display the days and hours of operation for their business. The days and hours of

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

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

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

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

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

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

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

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 26, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Mark Numainville, City Clerk
Subject: Minutes for Approval

RECOMMENDATION
Approve the minutes for the Council meetings of February 5, 2024 (closed), February 13, 2024 (regular), February 20 (closed), February 27, 2024 (special and regular) and February 29, 2024 (special).

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

1. February 5, 2024 – Special Closed Council Meeting

2. February 13, 2024 – Regular Council Meeting

3. February 20,2024 – Special Closed Council Meeting

4. February 27, 2024 – Special Council Meeting

5. February 27, 2024 – Regular Council Meeting

6. February 29, 2024 – Special Council Meeting

Monday, February 5, 2024 MINUTES Page 1

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

S P E C I A L M E E T I N G M I N U T E S
MONDAY, FEBRUARY 5, 2024
3:00 P.M.

REDWOOD ROOM – 2180 MILVIA STREET, BERKELEY, CA 94704
TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY, CA 94708

JESSE ARREGUIN, MAYOR
Councilmembers:

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

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

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/1616189638. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID:
161 618 9638. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair. Please be mindful that the meeting will be recorded.

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

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

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

Monday, February 5, 2024 MINUTES Page 2
Preliminary Matters
Roll Call: 3:07 p.m.

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

Absent: Harrison
Public Comment - Limited to items on this agenda only – 3 speakers CLOSED SESSION:

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

1. CONFERENCE WITH LABOR NEGOTIATORS; GOVERNMENT CODE SECTION 54957.6 Negotiators: Dee Williams-Ridley, City Manager, Anne Cardwell, Deputy City Manager, LaTanya Bellow, Deputy City Manager, Aram Kouyoumdjian, Human Resources Director, Jonathan Holtzman, Renne Public Law Group
Employee Organizations: Berkeley Fire Fighters Association Local 1227 I.A.F.F., Berkeley Fire Fighters Association, Local 1227 I.A.F.F. / Berkeley Chief Fire Officers Association; Berkeley Police Association; SEIU 1021 Community Services and Part-time Recreation Activity Leaders, SEIU 1021 Maintenance and Clerical, Public Employee Union Local 1, Unrepresented Employees Action: No reportable action taken.

2. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO GOVERNMENT CODE SECTIONS 54956.9(a) and 54956.9(d)(1)
a. Ruegg & Ellsworth v. City of Berkeley, Alameda County Superior Court, Case No.

RG18930003
Action: No reportable action taken.
b. California Restaurant Association v. City of Berkeley (9th Cir. 2024) 89 F.4th 1094; California Restaurant Association v. City of Berkeley (N.D.Cal. 2021) 547 F.Supp.3d 878, rev'd and remanded (9th Cir. 2023) 65 F.4th 1045, and rev'd and remanded (9th Cir. 2024) 89 F.4th 1094.

Action: No reportable action taken.

3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8
Property Address: 1512 University Avenue, Berkeley CA
Agency Negotiators: Peter Radu, City Manager’s Office
Negotiating Parties: City of Berkeley and Sai Shakti, Inc.

Property Owner: Sai Shakti, Inc.

Under Negotiation: Lease Price and Terms
Action: No reportable action taken.

Monday, February 5, 2024 MINUTES Page 3
OPEN SESSION:

No reportable action taken.

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

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

Adjourned at 4:54 p.m.

I hereby certify that the foregoing is a true and correct record of the closed session meeting held on February 5. 2024.
_________________________
Mark Numainville, City Clerk

Tuesday, February 13, 2024 MINUTES Page 1

MINUTES

BERKELEY CITY COUNCIL MEETING
Tuesday, February 13, 2024
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY 94708

JESSE ARREGUIN, MAYOR
Councilmembers:

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

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

Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL: https://cityofberkeley-info.zoomgov.com/j/1617862221 To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. To join by phone: Dial 1- 669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 161 786 2221. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair. Please be mindful that the meeting will be recorded.

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

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

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

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

Tuesday, February 13, 2024 MINUTES Page 2
Preliminary Matters
Roll Call: 6:14 p.m.

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

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

Councilmember Harrison participated in the meeting remotely pursuant to the Brown Act, as amended by AB 2449.

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

Ceremonial Matters:

1. Recognition of the 40 th Anniversary of the WEE POETS show on BeTV

2. Adjourned in Memory of Irma Anderson, former Richmond Mayor

3. Adjourned in memory of Doran McGee, Berkeley Artist and Muralist

4. Presentation: Bay Area Housing Finance Authority
City Manager Comments:

The City Manager noted that the portion of Item 6 regarding the start time of City Council meetings was withdrawn, but the date change remained for consideration.

Public Comment by Employee Unions: 2 speakers.

Public Comment on Non-Agenda Matters: 20 speakers.

Recess 8:04 p.m. – 8:23 p.m.

Action: M/S/C (Harrison/Wengraf) to accept an urgency item from Councilmember Harrison pursuant to Government Code Section 54954.2(b)(2) entitled Resolution Granting the Berkeley Repertory Theater $15,393.29 to Offset the City’s Business License Tax on Large Non-profits. Vice-Mayor Wengraf added as a co-sponsor. Added to Consent Calendar.

Vote: All Ayes.

Tuesday, February 13, 2024 MINUTES Page 3
Action: M/S/C (Bartlett/Taplin) to accept an urgency item from Councilmember Bartlett pursuant to Government Code Section 54954.2(b)(2) entitled Urgency Resolution Establishing a Policy Providing for the Continuance of Council District Constituent Services in the Event of Councilmember Resignation, Death or Expulsion. Added to the Action Calendar.

Vote: All Ayes.

Public Comment on Consent Calendar and Information Items Only: 22 speakers.

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

Vote: All Ayes.

Consent Calendar
Urgency Item: Resolution Granting the Berkeley Repertory Theater $15,393.29 to Offset the City’s Business License Tax on Large Non-profits From: Councilmember Harrison (Author)
Recommendation: Adopt a Resolution to support the Berkeley Repertory Theater (Berkeley Rep) by donating $15,393.29 to their general operating budget in FY24 and grant them the amount of the tax annually.

Financial Implications: General Fund - $15,393.29
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140 Action: Vice-Mayor Wengraf added as a co-sponsor. Adopted Resolution No. 71,204– N.S.

1. Amending the Miscellaneous CalPERS Contract to (a) Eliminate PEPRA Cost Sharing for Unrepresented Employees (b) Add Paramedic and Limited Term EMT to Safety Category
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,895-N.S. amending the contract between the Board of Administration, California Public Employees’ Retirement System, and the City Council for the City of Berkeley (a) pursuant to California Government Code Section 20516 to eliminate the cost share contributions made on behalf of the City by PEPRA members of the Unrepresented Employees group, and (b) pursuant to California Government Code Section 20434 to add the Paramedic and Limited Term Emergency Medical Technician (EMT) classifications under the Safety category.

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

Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800 Action: Adopted second reading of Ordinance No. 7,895–N.S.

Consent Calendar
Tuesday, February 13, 2024 MINUTES Page 4

2. At-Will Designations: Employee Relations Manager and Assistant to the City Attorney
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,896-N.S. amending Berkeley Municipal Code Section 4.04.120(A) to designate the unrepresented classifications of Employee Relations Manager and Assistant to the City Attorney as at-will.

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

Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800 Action: Adopted second reading of Ordinance No. 7,896–N.S.

3. Lease Agreement: We Wield The Hammer at 2440 Durant Avenue in the Telegraph-Channing Mall and Garage
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,897-N.S. authorizing the City Manager to execute a lease agreement with We Wield The Hammer (WWTH), a 501c3 nonprofit organization to use and occupy 2440 Durant Avenue inside the Telegraph-Channing Mall and Garage for a five (5) year lease term with an option to extend for one additional five (5) year term. The initial lease term is anticipated to begin March 1, 2024.

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

Financial Implications: See report.

Contact: Andrew Murray, Public Works, (510) 981-6300
Action: Adopted second reading of Ordinance No. 7,897–N.S.

4. City of Berkeley’s 2024 State and Federal Legislative Platform From: City Manager
Recommendation: Adopt a Resolution approving the City of Berkeley’s 2024 State and Federal Legislative Platform.

Financial Implications: See report.

Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000 Action: Adopted Resolution No. 71,205–N.S. with Exhibit A (full list) as revised in Supplemental Communications Packet #2 by Mayor Arreguin and further amended by Councilmembers Hahn and Bartlett at the meeting.

Consent Calendar
Tuesday, February 13, 2024 MINUTES Page 5

5. Amendments to the Regulations for Alternate Commissioners From: City Manager
Recommendation: Adopt a Resolution removing the now dissolved Police Review Commission from the list of designated commissions on which Alternate Commissioners may serve; expanding the list of designated commissions by adding the following five commissions: Community Health Commission, Environment and Climate Commission, Parks, Recreation, and Waterfront Commission, Transportation and Infrastructure Commission, and Zero Waste Commission; adding a new requirement for temporary appointments made to any quasi-judicial commissions to two business days prior to the meeting; and rescinding Resolution No. 67,205-N.S.

Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Adopted Resolution No. 71,206–N.S.

6. Modifying the 2024 City Council Meeting Schedule
From: City Manager
Recommendation: Adopt a Resolution modifying the City Council regular meeting schedule for 2024, revising the start time for regular meetings, and rescheduling the April 16, 2024 regular meeting to April 2, 2024.

Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Adopted Resolution No. 71,207–N.S. amended to remove reference to changing the start time of meetings and also to change the new meeting date from April 2 to March 26.

7. Grant Application: National Endowment for the Arts Grant for up to $150,000 From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to submit a grant application to the National Endowment for the Arts (NEA) to receive up to $150,000 for a Civic Arts grant program totaling $300,000 to be regranted to nonprofit organizations for arts and cultural programming in the City of Berkeley in Fiscal Year 2026; to accept the grant if awarded; and to execute any resulting grant agreements and any amendments.

Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530 Action: Adopted Resolution No. 71,208–N.S.

Consent Calendar
Tuesday, February 13, 2024 MINUTES Page 6

8. Contract: Masako Miki Public Artwork Commission for Aquatic Park Pathway Wall
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any necessary amendments with artist Masako Miki for an amount not to exceed $69,000 for a public art commission of a ceramic tile mural on the 42’-long curved wall located along the San Francisco Bay Trail west of the intersection of Addison Street and Bolivar Drive in Aquatic Park.

Financial Implications: Cultural Trust Fund - $69,000
Contact: Eleanor Hollander, Economic Development, (510) 981-7530 Action: Adopted Resolution No. 71,209–N.S.

9. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on February 13, 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 - $90,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Approved recommendation.

10. Contract: Traditions Behavioral Health for Psychiatry Services From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute a contract with vendor Traditions Behavioral Health to provide psychiatry services through June 30, 2027 in an amount not to exceed $1,379,400.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,210–N.S.

11. Contract: CompuCom Systems, Inc. for Professional Services From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with CompuCom Systems, Inc. for professional services for an amount not to exceed $300,000 through December 31, 2024.

Financial Implications: See report
Contact: Kevin Fong, Information Technology, (510) 981-6500 Action: Adopted Resolution No. 71,211–N.S.

Consent Calendar
Tuesday, February 13, 2024 MINUTES Page 7

12. Recommendation on Public Safety/Crime Prevention for Women From: Commission on the Status of Women
Recommendation: That Council refer to the Council Public Safety Policy Committee to develop plans to implement public safety crime prevention programs to address the current rising crime against women, particularly older women. These plans should include a budget referral to the Council Budget and Finance Committee for consideration in the June budget process.

These plans should include:

1. Developing a plan of safety escorts modeled on the Respect-BART Escorts Program passed by Council in 2003 to address the rash of muggings on Berkeley BART paths (North Berkeley and Ashby). As in that plan, where $40,500 was approved by Council, the Council Public Safety Policy Committee should identify the current amount of monies needed for funding for this newly developed 2024 plan and Council refer to the June budget process. These safety escorts should be available throughout the entire community of Berkeley upon request. The Council Public Safety Committee should also identify if a RFP need be issued for this purpose;

2. Develop a plan to engage Berkeley community ambassadors working under the Downtown Berkeley Association, Telegraph Business Improvement District and any similar ambassador programs to provide safety escort services upon request through the business districts they serve and nearby residences that can be reached by foot;

3. Explore if the City ride-share funded program, Go-Go Grandparent, should be expanded and in what form to provide ride shares for women concerned about their safety. Consider cost share, if necessary, for some women and working with the ride- share companies to ensure that they watch for the woman to safely reach her door before leaving; Consider the feasibility of lifting age or disability requirements.

Identify a budgetary recommendation to be directed to the Council Budget and Finance Committee.

4. Develop a City-wide community forum targeted towards women with a special emphasis on safety and crime prevention for older, vulnerable women. This meeting should be led by the Berkeley Police Department with participation by other safety- related community resources and moderated by an official proposed by the Council Public Safety Committee. The Committee shall recommend that the forum be hybrid, both Zoom and in person. The Committee shall also discuss how City-wide promotion of this public safety crime prevention forum shall be conducted.

5. Consult with the Berkeley Police Department to provide data and other information identifying geographic locations which are high priority for safety escorts. Consult with Berkeley Police Department to secure other information as to where women are most at safety risk and what hours safety escorts, and other recommendations as stated above, be best utilized. The Berkeley Police Department shall provide this information at a Council Public Safety Committee meeting.

Financial Implications: See report
Contact: Okeya Vance-Dozier, Commission Secretary, (510) 981-7100 Action: Approved recommendation as amended to read as follows.

Refer to the City Manager to analyze and develop recommendations for public safety crime prevention programs to address the current rising crime against women, particularly

Consent Calendar
Tuesday, February 13, 2024 MINUTES Page 8
older women. Refer the concepts below from the Commission on the Status of Women to the FY 2025-26 (“June 2024”) Budget process.

Consider the following concepts:

1. Developing a plan of safety escorts modeled on the Respect-BART Escorts Program passed by Council in 2003 to address the rash of muggings on Berkeley BART paths (North Berkeley and Ashby). As in that plan, where $40,500 was approved by Council, the City Manager should identify the current amount of monies needed for funding for this newly developed 2024 plan and Council refer to the June budget process. These safety escorts should be available throughout the entire community of Berkeley upon request.

The City Manager should also identify if an RFP needs be issued for this purpose;

2. Develop a plan to engage Berkeley community ambassadors working under the Downtown Berkeley Association, Telegraph Business Improvement District and any similar ambassador programs to provide safety escort services upon request through the business districts they serve and nearby residences that can be reached by foot;

3. Explore if the City ride-share funded program, Go-Go Grandparent, should be expanded and in what form to provide ride shares for women concerned about their safety. Consider cost share, if necessary, for some women and working with the ride- share companies to ensure that they watch for the woman to safely reach her door before leaving; Consider the feasibility of lifting age or disability requirements. Identify a budgetary recommendation to be directed to the Council Budget and Finance Committee.

4. Work with the Commission on the Status of Women and Commission on Aging to organize a City-wide community forum targeted towards women with a special emphasis on safety and crime prevention for older, vulnerable women. This meeting should be led by the Berkeley Police Department with participation by other safety- related community resources.

5. Consult with the Berkeley Police Department to provide data and other information identifying geographic locations which are high priority for safety escorts. Consult with Berkeley Police Department to secure other information as to where women are most at safety risk and what hours safety escorts, and other recommendations as stated above, be best utilized. The Berkeley Police Department shall provide this information at a Council Public Safety Committee meeting.

13. RFP for Development of West Berkeley Service Center (Continued from January 16, 2024)
From: Mayor Arreguin (Author), Councilmember Kesarwani (Author), Councilmember Hahn (Co-Sponsor), Councilmember Wengraf (Co-Sponsor) Recommendation: Refer to the City Manager to issue a Request for Proposal (RFP) for the development of the city-owned West Berkeley Service Center, (1900 Sixth Street), to permit site acquisition and construction of a 100-percent affordable housing project with the following key features: -Space on the ground floor of the building for administrative offices, community space and supportive services as currently provided by the City; -Maximizing the number of units under the existing

Council Consent Items
Tuesday, February 13, 2024 MINUTES Page 9
zoning Mixed Use-Residential (MU-R) in conjunction with state law AB 1763 (2019); - A mix of unit sizes, including studios, one-bedroom, and two-bedroom units; -Require RFP applicants to include a plan for services provision and integration for the population(s) they propose to serve; -A preference for serving seniors and adults with mental health conditions while maintaining flexibility to serve other populations based on availability of funding.

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

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

Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Approved recommendation as revised in Supplemental Communications Packet #1 from Councilmember Kesarwani as follows.

Refer to the City Manager to issue a Request for Proposal (RFP) or Request for Qualifications (RFQ), once a viable local funding source(s) has been identified, for the development of the city-owned West Berkeley Service Center, (1900 Sixth Street), to permit site acquisition and construction of a 100-percent affordable housing project with the following key features:
● Space on the ground floor of the building for administrative offices, community space and supportive services as currently provided by the City; ● Maximizing the number of units under the existing zoning Mixed Use- Residential (MU-R) in conjunction with state law AB 1763 (2019); ● A mix of unit sizes, including studios, one-bedroom, and two-bedroom units; ● Require RFP applicants to include a plan for services provision and integration for the population(s) they propose to serve;
● A preference for serving seniors with cognitive disabilities and adults with mental health conditions while maintaining flexibility to serve other populations based on availability of funding; and
● A board and care facility with a minimum of 20 beds including space for staff and services, unless it is determined that viable funding sources are not available.

The City Manager should also consider the feasibility of the following elements in the program design:
● Universally designed housing for older adults;
● Consider available federal, state, regional, local and private funding sources to finance the construction of a housing project, including with the potential target populations.

The issuance of an RFP should be timed to happen soon after the City has identified local funding for the development that could potentially be made available via the RFP/RFQ.

Council Consent Items
Tuesday, February 13, 2024 MINUTES Page 10

14. Establishing a Black Arts and Culture District in the Adeline Corridor From: Councilmember Bartlett (Author), Councilmember Hahn (Co-Sponsor), Councilmember Taplin (Co-Sponsor)
Recommendation: Adopt a resolution designating the Adeline Corridor as the Black Arts and Culture District. Include members of Healthy Black Families and Equitable Black Berkeley in the Planning Committee to emphasize community involvement and focus on arts, culture, and well-being for South Berkeley residents. Establish a Black Arts and Culture Center.

Financial Implications: See report
Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130 Action: Adopted Resolution No. 71,212–N.S. as revised in Supplemental Communications Packet #2 from Councilmember Bartlett.

Action Calendar – Public Hearings
Tuesday, February 13, 2024 MINUTES Page 11

15. Appeal of Landmarks Preservation Commission Decision – Approval of Structural Alteration Permit #LMSAP22022-0005 for 1960 San Antonio Avenue/645 Arlington Avenue- Spring Estate
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution affirming the Landmarks Preservation Commission (LPC) decision to approve a Structural Alteration Permit (SAP) to restore the terrace, remove the non- historic building addition, and repair railings and walkways of the Spring mansion; demolish the detached, non-historic garage and construct a new ten-car garage; demolish and replace the non-historic driveway, retaining walls and stairs on the east side of the property; construct a new, detached pool house; excavate and install a new swimming pool; and complete landscape improvements at a City Landmark residential property in the Hillside neighborhood, contingent upon rehabilitation of the historic gymnasium building, and dismiss the appeal.

Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Public Testimony: The Mayor opened the public hearing. 4 speakers.

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

Vote: All Ayes.

Action: M/S/C (Hahn/Wengraf) to adopt Resolution No. 71,213–N.S. to adopt a Resolution affirming the Landmarks Preservation Commission (LPC) decision to approve a Structural Alteration Permit (SAP) to restore the terrace, remove the non- historic building addition, and repair railings and walkways of the Spring mansion; demolish the detached, non-historic garage and construct a new ten-car garage; demolish and replace the non-historic driveway, retaining walls and stairs on the east side of the property; construct a new, detached pool house; excavate and install a new swimming pool; and complete landscape improvements at a City Landmark residential property in the Hillside neighborhood; modify condition #16 to require the applicant to bring the gymnasium into “good repair” as defined in BMC Section

3.24.290(B) and to submit a plan for the repairs to the gymnasium prior to Landmarks plan check approval of any building permits for new buildings or structures; to strike reference to the gymnasium from condition #15, and dismiss the appeal.

Vote: All Ayes.

Action Calendar – New Business
Action: M/S/Failed (Arreguin/Kesarwani) to suspend the rules and extend the meeting to 11:30 p.m.

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

Action: M/S/Carried (Harrison/Taplin) to suspend the rules and extend the meeting to 11:15 p.m.; and to refer Item 16 to the Agenda & Rules Committee for scheduling.

Vote: All Ayes.

Action Calendar – New Business
Tuesday, February 13, 2024 MINUTES Page 12
Urgency Item: Urgency Resolution Establishing a Policy Providing for the Continuance of Council District Constituent Services in the Event of Councilmember Resignation, Death or Expulsion
From: Councilmember Bartlett (Author), Councilmember Taplin (Co-Sponsor) Recommendation: Adopt a Resolution establishing a policy providing for the continuance of District constituent services in the event of Councilmember death, resignation, or expulsion.

Financial Implications: See report
Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130 Action: M/S/C (Taplin/Kesarwani) to adopt Resolution No. 71,214–N.S. as amended by Councilmember Hahn with the Resolved clauses to read as follows.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that in the event of a vacancy in any Council District, due to resignation, death, or for any other reason, existing staff for such District shall continue in their positions during the interim period, in an at-will status, under the supervision and control of the Office of the Mayor. At such time as a new District Councilmember is sworn into office, such new Councilmember may choose to continue, adjust, or end the employment of any Continuing District Office staff.

BE IT FURTHER RESOLVED that, in the event of a vacancy in the office of the Mayor for any reason, Mayor’s Office staff shall continue in an at-will status, under the same terms as Continuing District Office staff, under the supervision and control of the Vice Mayor or other Interim Mayor.

BE IT FURTHER AND FINALLY RESOLVED that the budget of a vacant Council District Office or of a vacant Mayor’s Office shall be continued as if such Councilmember or Mayor were still in office and shall be managed and disbursed under the direction and control of the Mayor, Vice Mayor or other Interim Mayor, as applicable, to further the purposes of the District or Mayor’s office experiencing a vacancy.

Vote: All Ayes.

16. Dissolution of the Human Welfare and Community Action Commission and the Peace and Justice Commission; and, establishment of the Berkeley Community Action Agency Commission
From: City Manager
Recommendation: Adopt first reading of an Ordinance to: 1. Repeal Chapter 3.68, Peace and Justice Commission; and, 2. Repeal Chapter 3.78, Human Welfare and Community Action Commission; and, 3. Establish the Berkeley Community Action Agency Commission with Chapter 3.70
Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Referred to the Agenda & Rules Committee for future scheduling.

Information Reports
Tuesday, February 13, 2024 MINUTES Page 13

17. Small Sites Program Update
From: City Manager
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Received and filed.

18. Bay Area Housing Finance Authority and 2024 Regional Affordable Housing Bond
From: City Manager
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Received and filed.

Adjournment
Action: M/S/C (Arreguin/Hahn) to suspend the rules and adjourn the meeting.

Vote: All Ayes.

Adjourned at 11:14 p.m.

I hereby certify that the foregoing is a true and correct record of the regular meeting held on February 13. 2024.
_________________________
Mark Numainville, City Clerk
Communications
Item #16: Dissolution of the Human Welfare and Community Action Commission and the Peace and Justice Commission; and, establishment of the Berkeley

1. Human Welfare Community Action Commission (HWCAC)

2. Peace and Justice Commission (2)

3. Janice Schroeder
Center Street Greenway & Strawberry Creek

4. Kirstin Miller on behalf of Ecocity Builders
Panoramic Hill Emergency Access/Egress

5. Michael Kelly, on behalf of the Panoramic Hill Association Southside Rezoning

6. Corey Smith

Tuesday, February 13, 2024 MINUTES Page 14
Chess Club

7. Carol Denney
AC Transit

8. Sandhya Hermon

9. Morry Hermon

10.Kabir Hermon

11.Arjun Hermon

12.Anne-Lise Francois
United Artist Theater

13.Laura Fujii

14.Robert Wilkinson

15.Melanie Lawrence

16.Lori Pottinger

17.Oakland Heritage Alliance
Israel Military Aid

18.Stephen Slauson
Homelessness

19.Tom Wolfman

20.Karima Cammell
Tree Removal

21.Carol Denney
Scooter Safety

22.Virginia Browning

23.Sean

24.Cindi Goldberg
EBMUD Repaving

25.Greg Couch

26.East Bay Municipal Utility District
People’s Park

27.Sophia Faaland

28.Samuel Baker

29.10 similarly-worded form letters
Natural Gas Alternatives

30.G. Richard Raab
Ohlone Bikeway

Tuesday, February 13, 2024 MINUTES Page 15

31.Carol Hirth
Mayor Arreguin

32.Elana Auerbach

33.Kira Findling
Councilmember Robinson

34.Barbara Gilbert
Waterfront Specific Plan

35.Cal Sailing Club
Berkeley Mayoral Candidates

36.Downtown Berkeley Association
Fulton-Woolsey Bike Boulevard

37.Walk Bike Berkeley

38.David Hoffman (2)

39.Valerie Young
No Subject

40.Michele Shipp
Student Project

41.Akshat Pant
Street Paving

42.Kathleen Davis
Downtown Affordable Housing

43.Berkeley Chamber of Commerce
URL’s Only

44.Vivian Warkentin (2)
Gaza/Israel

45.Jennifer Fechner

46.Kim Friedman

47.Aaron Katler

48.Eleanor Wang

49.Hillary Kilimnik

50.Anna Henry

51.Moni Law (3)

52.Daniel Frydman

53.Aliza Craimer Elias

54.Rachel

Tuesday, February 13, 2024 MINUTES Page 16

55.Susanne DeWitt

56.Summer Brenner

57.Hillary Kllimnik

58.Anna Henry

59.Rosie Grady

60.Daniel Zilberman

61.Diana Bohn

62.Candice Schott

63.Jon Jackson

64.Monika Mann

65.Jacob Pincus

66.Dorothea Dorenz (3)

67.Imtiaz Ghori

68.Aaron Katler

69.14 similarly-worded form letters
Supplemental Communications and Reports 1
Urgency Resolution: FY 2024 Business License Tax on Large Non-profits

70.Urgency item, submitted by Councilmember Harrison
Item #13: RFP for Development of West Berkeley Service Center

71.Supplemental material, submitted by Councilmember Kesarwani and Mayor Arreguin Item #15: Appeal of Landmarks Preservation Commission Decision – Approval of Structural Alteration Permit #LMSAP22022-0005 for 1960 San Antonio Avenue/645 Arlington Avenue- Spring Estate

72.Abbas Mash (3)
Item #16: Dissolution of the Human Welfare and Community Action Commission and the Peace and Justice Commission; and, establishment of the Berkeley Community Action Agency Commission

73.Janice Schroeder
Supplemental Communications and Reports 2
Item #4: City of Berkeley’s 2024 State and Federal Legislative Platform

74.Revised material, submitted by Mayor Arreguin
Item #6: Modifying the 2024 City Council Meeting Schedule

75.Kevin Burke

76.Phoebe Thomas Sorgen

77.Maria Yates

78.Alfred Twu (2)

79.Negeen Mosaed

80.Diana Bohn

81.Charlene Woodcock

82.Alma Thompson

83.Vincent Casalaina

84.Cindy Shamban

Tuesday, February 13, 2024 MINUTES Page 17

85.James Mcfadden

86.Carla Woodworth

87.Willie Phillips

88.JP Massar

89.Russ Greene

90.Alexander Stec

91.Carol Berkenkotter

92.Rob Wrenn

93.Larry Snyder

94.Sarah Bell, on behalf of East Bay YIMBY
Item #14: Establishing a Black Arts and Culture District in the Adeline Corridor

95.Supplemental material, submitted by Councilmember Bartlett Item #15: Appeal of Landmarks Preservation Commission Decision – Approval of Structural Alteration Permit #LMSAP22022-0005 for 1960 San Antonio Avenue/645 Arlington Avenue- Spring Estate

96.John Newton
Item #16: Dissolution of the Human Welfare and Community Action Commission and the Peace and Justice Commission; and, establishment of the Berkeley Community Action Agency Commission

97.Grace Morizawa, Chair, Peace and Justice Commission

98.Nikki Sachs

99.Mary-Claire Katz, Human Welfare Community Action Commission Item: Urgency Resolution Establishing a Policy Providing for the Continuance of Council District Constituent Services in the Event of Councilmember Resignation, Death or Expulsion
100. Urgency resolution, submitted by Councilmember Bartlett Supplemental Communications and Reports 3
Item #4: City of Berkeley’s 2024 State and Federal Legislative Platform 101. Sabyl Landrum, on behalf of Clean Slate
Item #6: Modifying the 2024 City Council Meeting Schedule 102. Laila Hamidi
103. Ann Garrison
104. Erika Andersen
105. Erin Diehm
106. Joe Liesner
107. Moni Law
108. Ruth Morgan
109. Max Ventura
110. Aimee Baldwin
111. Elana Auerbach
112. Avery Arbaugh, on behalf of Cal Berkeley Democrats 113. Nikki Sachs

Tuesday, February 13, 2024 MINUTES Page 18
114. Chrissy Hoffman
115. Erin Diehm
116. Tom Luce
117. Willie Phillips
118. Brennan Robins
119. Kaizen8forever@
120. Virginia Browning
121. Sylvia
Item #15: Appeal of Landmarks Preservation Commission Decision – Approval of Structural Alteration Permit #LMSAP22022-0005 for 1960 San Antonio Avenue/645 Arlington Avenue- Spring Estate
122. Presentation, submitted by Planning and Development 123. Thea Daniels
Item: Urgency Resolution Establishing a Policy Providing for the Continuance of Council District Constituent Services in the Event of Councilmember Resignation, Death or Expulsion
124. Barbara Gilbert
Ceremonial Matters
125. Presentation: Bay Area Housing Finance Authority
Miscellaneous Communications
126. Eids Television – Mohamed Eid Abdallah

Tuesday, February 20, 2024 MINUTES Page 1

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

S P E C I A L M E E T I N G M I N U T E S
TUESDAY, FEBRUARY 20, 2024
3:00 P.M.

REDWOOD ROOM – 2180 MILVIA STREET, BERKELEY, CA 94704
TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY, CA 94708

JESSE ARREGUIN, MAYOR
Councilmembers:

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

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

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/1601602803. 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:
160 160 2803. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair. Please be mindful that the meeting will be recorded.

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

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

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

Tuesday, February 20, 2024 MINUTES Page 2
Preliminary Matters
Roll Call: 3:05 p.m.

Present: Taplin, Bartlett, Hahn, Wengraf, Humbert, Arreguin

Absent: Kesarwani, Harrison
Councilmember Kesarwani present at 3:16 p.m.

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

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

1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8
Property Addresses: 1423 Ward Street and 1401 Carleton Street, neighboring properties of the Santa Fe Right-of-Way
Agency Negotiators: LaTanya Bellow, City Manager’s Office; Scott Ferris and Stacey Rutherford, Parks, Recreation & Waterfront
Negotiating Parties: City of Berkeley, 1423 Ward Street Property Owners, 1401 Carleton Street Property Owners
Property Owner: City of Berkeley
Under Negotiation: Price and Terms
Action: No reportable action taken.

2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8
Property Address: APN 060 238200301, Second Street, Berkeley, CA 94710 Agency Negotiators: LaTanya Bellow, City Manager’s Office; Peni Basalusalu, Public Works Deputy Director of Operations; Leticia Jauregui, Interim Division Solid Waste and Recycling Manager, Dionne Early, Public Works Real Property
Negotiating Parties: City of Berkeley and Target Corporation Property Owner: Target Corporation
Under Negotiation: Price and Terms
Action: No reportable action taken.

3. CONFERENCE WITH LABOR NEGOTIATORS; GOVERNMENT CODE SECTION 54957.6 Negotiators: Dee Williams-Ridley, City Manager, Anne Cardwell, Deputy City Manager, LaTanya Bellow, Deputy City Manager, Aram Kouyoumdjian, Human Resources Director, Jonathan Holtzman, Renne Public Law Group
Employee Organizations: Berkeley Fire Fighters Association Local 1227 I.A.F.F., Berkeley Fire Fighters Association, Local 1227 I.A.F.F. / Berkeley Chief Fire Officers Association; Berkeley Police Association; SEIU 1021 Community Services and Part-time Recreation Activity Leaders, SEIU 1021 Maintenance and Clerical, Public Employee Union Local 1, Unrepresented Employees Action: No reportable action taken.

Tuesday, February 20, 2024 MINUTES Page 3
OPEN SESSION:

No reportable action taken.

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

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

Adjourned at 4:37 p.m.

I hereby certify that the foregoing is a true and correct record of the closed session meeting held on February 20, 2024.
_________________________
Mark Numainville, City Clerk

Tuesday, February 27, 2024 MINUTES Page 1

M I N U T E S

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

B E R K E L E Y C I T Y C O U N C I L
Tuesday, February 27, 2024
4:30 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY 94708 TELECONFERENCE LOCATION – 301 WEST 17TH STREET, AUSTIN, TX 98701

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/1614329714.

To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. To join by phone: Dial 1- 669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 161 432 9714. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair. Please be mindful that the meeting will be recorded.

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

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

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

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

Tuesday, February 27, 2024 MINUTES Page 2
Preliminary Matters
Less than a quorum of the City Council was present and commenced to receive the presentation. At 5:23 p.m. a quorum of the Council was present and the meeting was called to order.

Roll Call: 5:23 p.m.

Present: Taplin, Hahn, Wengraf, Humbert, Arreguin

Absent: Kesarwani, Bartlett
Councilmember Bartlett present at 5:27 p.m.

Worksession

1. Berkeley Economic Dashboards Update
From: City Manager
Contact: Eleanor Hollander, Economic Development, (510) 981-7530 Action: 2 speakers. Presentation made and discussion held.

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

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

Adjourned at 5:54 p.m.

I hereby certify that the foregoing is a true and correct record of the special meeting held on February 27. 2024.
_________________________
Mark Numainville, City Clerk
Communications
 None
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
 None

Tuesday, February 27, 2024 MINUTES Page 3
Supplemental Communications and Reports 3
Item #1: Berkeley Economic Dashboards Update

1. Presentation, submitted by the Office of Economic Development

Tuesday, February 27, 2024 MINUTES Page 1

MINUTES

BERKELEY CITY COUNCIL MEETING
Tuesday, February 27, 2024
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY, 94708 TELECONFERENCE LOCATION – 301 WEST 17TH STREET, AUSTIN, TX 98701

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/1614329714. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 161 432 9714. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair. Please be mindful that the meeting will be recorded.

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

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

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

Tuesday, February 27, 2024 MINUTES Page 2
Preliminary Matters
Roll Call: 6:20 p.m.

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

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

Ceremonial Matters:

1. Recognition of the 90 th Anniversary of Berkeley Student Cooperative

2. Adjourned in Memory of Julia Elkin, Berkeley Resident

3. Presentation from the Health Officer: State of Public Health in Berkeley City Manager Comments: None
Public Comment on Non-Agenda Matters: 20 speakers.

Recess 7:32 p.m. – 7:49 p.m.

Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 10 speakers.

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

Vote: All Ayes.

Consent Calendar
Tuesday, February 27, 2024 MINUTES Page 3

1. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of January 16, 2024 (regular), January 17, 2024 (closed), January 22, 2024 (special) January 23, 2024 (closed and special) and January 30, 2024 (regular) Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Approved the minutes as submitted.

2. Contract No. 31900184 Amendment: Alcor Solutions, Inc. to Expand Services for Intranet Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 31900184 with Alcor Solutions, Inc., to expand scope to include intranet services.

Financial Implications: None
Contact: Kevin Fong, Information Technology, (510) 981-6500 Action: Adopted Resolution No. 71,215–N.S.

3. Contract No. 105921-1 Amendment - TruePoint Solutions, LLC for Professional Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 105921-1 with TruePoint Solutions, LLC for professional services, increasing the amount by $250,000, for a total not-to-exceed amount of $1,297,200 and extending the term by one year for the term beginning June 1, 2015 to June 30, 2025.

Financial Implications: See report
Contact: Kevin Fong, Information Technology, (510) 981-6500 Action: Adopted Resolution No. 71,216–N.S.

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

Financial Implications: Revenue - $3,400
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,217–N.S.

Consent Calendar
Tuesday, February 27, 2024 MINUTES Page 4

5. Contract: West Coast Arborists, Inc. for Tree Removal and Pruning Services From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute a contract and any amendments with West Coast Arborists, Inc. for tree removal and pruning servings in an amount not to exceed $1,500,000 over a period of three years, with an option to renew for two additional years at $500,000 per year, for a total contract amount not to exceed $2,500,000.

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

6. Contract: Rincon Consultants for Environmental Justice Element, Safety Element Update, and Equitable Climate and Resilience Metrics From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or their designee to award a contract and execute any amendments, extensions, or change orders with Rincon Consultants, Inc. in an amount not-to-exceed $634,000 over a three-year period, to update Berkeley’s General Plan Safety Element, develop a new General Plan Environmental Justice (EJ) Element, and create an Equitable Climate and Resilience Monitoring and Evaluation Strategy and Dashboard.

Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Adopted Resolution No. 71,219–N.S.

7. Contract No. 32300057 Amendment: Association for Energy Affordability for Pilot Climate Equity Fund
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or designee to amend Contract No. 32300057 with Association for Energy Affordability for the Pilot Climate Equity Fund, increasing the amount by $43,556, to a new total contract amount not to exceed $126,890, and extend the contract through May 30, 2025.

Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Adopted Resolution No. 71,220–N.S.

Consent Calendar
Tuesday, February 27, 2024 MINUTES Page 5

8. Accept Energy Efficiency and Conservation Block Grant Program Equipment Voucher
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or their designee to submit an application and an Energy Efficiency and Conservation Strategy to the U.S. Department of Energy (DOE), execute any related revenue agreements and amendments, and accept funds for an equipment voucher from the Federal Energy Efficiency and Conservation Block Grant (EECBG) Program of up to $174,290 for the two-year period of February 13, 2024 through February 13, 2026.

Financial Implications: See report
Contact: Andrew Murray, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,221–N.S.

9. Contract: (Specification No. 24-11529-C) JJR Construction Inc. for FY 2024 Sidewalk Repair Project
From: City Manager
Recommendation: Adopt a Resolution: 1) Approving plans and specifications for the FY 2024 Sidewalk Repair Project; 2) Accepting the bid of JJR Construction Inc. as the lowest responsive and responsible bidder; and 3) Authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project, in accordance with the approved plans and specifications in an amount not to exceed $4,246,955.

Financial Implications: See report
Contact: Andrew Murray, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,222–N.S.

10. Contract: (Specification No. 24-11621-C): Bay Pacific Pipeline, Inc. for Virginia Street, Russell Street, et al. Sanitary Sewer Rehabilitation Project From: City Manager
Recommendation: Adopt a Resolution: 1) Approving plans and specifications for the Sanitary Sewer Project located on Virginia Street, Russell Street, et al., and 2) Accepting the bid of the lowest, responsive and responsible bidder, Bay Pacific Pipeline, Inc., and 2) Authorizing the City Manager to execute a contract and any amendments, extensions, or other change orders until completion of the project in accordance with the approved plans and specifications, in an amount not to exceed $4,828,002, which includes a 10% contingency of $438,909.

Financial Implications: See report
Contact: Andrew Murray, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,223–N.S.

Consent Calendar
Tuesday, February 27, 2024 MINUTES Page 6

11. Contract (Specification. No. 24-11645-C): Koios Engineering, Inc. for Urgent Sewer Repair FY2024 Project
From: City Manager
Recommendation: Adopt a Resolution: 1) Approving plans and specifications for the Urgent Sewer Repair FY2024 Project; 2) Accepting the bid of the lowest responsive and responsible bidder, Koios Engineering, Inc.; and 3) Authorizing the City Manager to execute a contract and any amendments, extensions, or other change orders until completion of the project in accordance with the approved plans and specifications, in an amount not to exceed $465,187, which includes a 10% contingency of $42,289.

Financial Implications: See report
Contact: Andrew Murray, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,224–N.S.

12. Reject Bids – FY 2023 Retaining Wall and Storm Drain Improvement Project, Specification Nos. 23-11616-C & 23-11614-C
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to reject bids and direct staff to re-advertise the work associated with the FY 2023 Retaining Wall and Storm Drain Improvement Project, Specification Nos. 23-11616-C & 23-11614- C.

Financial Implications: See report.

Contact: Andrew Murray, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,225–N.S.

Council Consent Items

13. Resources to Plan for Future Health Care Access for Berkeley Residents From: Mayor Arreguin (Author), Councilmember Hahn (Author), Councilmember Wengraf (Co-Sponsor)
Recommendation: Allocate $300,000 from the General Fund for legal and/or other technical expertise as may be needed to identify/evaluate existing or potential opportunities to secure the future of healthcare and hospital access for the people of Berkeley.

Funds should be used to broadly explore healthcare needs of the entire Berkeley community, now and in the coming decades, including the needs of low income communities and communities of color, the elderly, youth, women, and other groups that have lower health and life-expectancy outcomes and/or have specialized healthcare needs; and healthcare facilities, programs, and other assets that are and/or can be accessible to Berkeley residents in the coming years Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Councilmember Humbert added as a co-sponsor. Approved recommendation.

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

Council Consent Items
Tuesday, February 27, 2024 MINUTES Page 7

14. Referral to the City Attorney: Eminent Domain Feasibility Analysis for 2902 and 2908 Adeline Street Properties and Abandoned House on 1946 Russell Street From: Councilmember Bartlett (Author)
Recommendation: Refer the City Attorney to conduct an analysis and report to the Council on the feasibility of using eminent domain to enable the City to purchase the blighted commercial properties on 2902 and 2908 Adeline Street, as well as the adjacent abandoned house on 1946 Russell Street for the purposes of developing mixed-use affordable housing.

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

Action Calendar – Public Hearings

15. ZAB Appeal: 2924 Russell Street, Administrative Use Permit #ZP2023-0081 From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution affirming the decision of the Zoning Adjustments Board to approve Administrative Use Permit #ZP2023-0081 to install an unenclosed hot tub in the rear yard.

Financial Implications: Nione
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Public Testimony: The Mayor opened the public hearing. 0 speakers.

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

Vote: All Ayes.

Action: M/S/C (Humbert/Hahn) to adopt Resolution No. 71,226–N.S. affirming the decision of the Zoning Adjustments Board to approve Administrative Use Permit #ZP2023-0081 to install an unenclosed hot tub in the rear yard, and dismissing the appeal.

Vote: All Ayes.

Action Calendar – Public Hearings
Tuesday, February 27, 2024 MINUTES Page 8

16. Zoning Amendments for Berkeley Business; Amending Berkeley Municipal Code Title 23
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt the first reading of an ordinance amending Title 23 of the Berkeley Municipal Code to streamline and clarify 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.

Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Public Testimony: The Mayor opened the public hearing. 2 speakers.

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

Vote: All Ayes.

Action: M/S/C (Arreguin/Hahn) to adopt first reading of Ordinance No. 7,898–N.S.

Second reading scheduled for March 12, 2024. Referred to the City Manager a request to develop regulations and performance standards to mitigate noise impacts for Group Class Instruction uses.

Vote: All Ayes.

Information Reports

17. FY 2024 First Quarter Investment Report: Ended September 30, 2023 From: City Manager
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Received and filed.

18. State of Public Health in Berkeley Summary Report
From: City Manager
Contact: Anju Goel, Health, Housing, and Community Services, (510) 981-5400 Action: Received and filed.

19. LPO NOD: 2113-2115 Kittredge Street/#LMSAP2022-0011 From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Received and filed.

Adjournment
Action: M/S/C (Arreguin/Hahn) to suspend the rules and adjourn the meeting.

Vote: All Ayes.

Tuesday, February 27, 2024 MINUTES Page 9
Adjourned at 9:26 p.m.

I hereby certify that the foregoing is a true and correct record of the regular meeting held on February 27. 2024.
_________________________
Mark Numainville, City Clerk
Communications
Item #15: ZAB Appeal: 2924 Russell Street, Administrative Use Permit #ZP2023- 0081

1. Homayoon Kazerooni
ZAB Appeal: 2113-2115 Kittredge Street

2. Adams Broadwell Joseph & Cardozo
United Artist Theater at 2274 Shattuck

3. Deborah Chalfie

4. Kay Weinstein

5. David Brandon

6. Stuart Hyde

7. Elizabeth LaBarre
Crime and Police Matters

8. Sunwalk10@

9. Shellie Wharton

10.Miles Morris Walker
Council Chambers/Councilmembers

11.Rod Gutierrez

12.Kelsi Pertual

13.Justin Lee

14.Vivian Pisano
Tree Removal

15.Ken Jung, Transportation Department

16.Carol Denney
Property Taxes

17.Pauline Wallace (2)

Tuesday, February 27, 2024 MINUTES Page 10
PG&E Rate Increases

18.Patrick Golier
Pedestrian Safety

19.Sophie Johnson
McNair’s Donated Items Taken

20.Moni Law

21.Paul Kealoha Blake
Fulton-Woolsey Bike Boulevard

22.Charles Siegel (2)

23.Ken Jung, Transportation Department (2)

24.Councilmember Harrison

25.Megan Wachspress

26.David Hoffman (5)

27.Justin Baldwin

28.Matt Weber

29.Dan A.

30.Emily McAfee

31.Ben Hays
Restaurant Inspections

32.David Lerman
Berkeley Marina

33.Tahirah Rasheed
Refuse Services Blocking Driveway

34.Dan Bristol
Middle Housing

35.Jonathan Singh

36.D. Scott Phoenix

37.Amanda Le
Chavez Park Air Quality

38.Martin Nicolaus, on behalf of the Chavez Park Conservancy

39.Carol Denny
Berkeley Unified School District

40.Dorothea Dorenz
Street Paving

41.Barbara Gilbert

Tuesday, February 27, 2024 MINUTES Page 11
Anti-Discrimination Ordinance

42.6 similarly-worded form letters
Golden Duplex Rent Control

43.Lauren Schiller
People’s Park

44.Moni Law (2)
Gaza and Israel

45.Micky Duxbury

46.Jon Jackson

47.Rainbow Alvarez

48.Naz Akbaroff

49.Nazanin Badakhsh

50.Dena Al-Adeeb

51.Michael Fullerton

52.Kelsi Pertula

53.Aaron Kalter

54.Anna Henry

55.Russbumper (2)

56.Nikki Roach

57.Anna Henry

58.Barbara Erickson

59.Gregory Kalkanis

60.6 similarly-worded form letters
URL’s Only

61.Vivian Warkentin
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
 None
Supplemental Communications and Reports 3
Item #15: ZAB Appeal: 2924 Russell Street, Administrative Use Permit #ZP2023-0081

62.Presentation, submitted by Planning and Development
Item #16: Zoning Amendments for Berkeley Business; Amending Berkeley Municipal Code Title 23

63.Presentation, submitted by Office of Economic Development

64.Liz Lisle, on behalf of the Shotgun Players

Tuesday, February 27, 2024 MINUTES Page 12
Item #18: State of Public Health in Berkeley Summary Report

65.Presentation, submitted by Health, Housing, and Community Services Item #19: LPO NOD: 2113-2115 Kittredge Street/#LMSAP2022-0011

66.Dale Sophiea
Miscellaneous Communications

67.Versus Mitsubishi, submitted by Eids Television

68.Path to Humanity, submitted by Travis Castle

Thursday, February 29, 2024 MINUTES Page 1

M I N U T E S

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

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

Thursday, February 29, 2024
3:00 PM
CYPRESS ROOM – 2180 MILVIA STREET, BERKELEY, CA 94704
TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY, CA 94708 TELECONFERENCE LOCATION - 1619 EDITH STREET, BERKELEY, CA 94703

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.

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/1615877380.

To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. To join by phone: Dial 1- 669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 161 587 7380. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair. Please be mindful that the meeting will be recorded.

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

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

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

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

Thursday, February 29, 2024 MINUTES Page 2
Preliminary Matters
Roll Call: 3:05 p.m.

Present: Kesarwani, Bartlett, Hahn, Wengraf, Humbert, Arreguin

Absent: Taplin
Councilmember Taplin present at 3:11 p.m.

Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 6 speakers.

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

Vote: All Ayes.

Consent Calendar

1. Calling for a Special Municipal Election to fill the City Council District 4 Vacancy
From: City Manager
Recommendation: Adopt a Resolution: a) Calling for a Special Municipal Election to be held in Berkeley to fill the City Council District 4 vacancy; b) Requesting that the Alameda County Board of Supervisors authorize the Registrar of Voters to provide election administration services for the special election; c) Authorizing certain procedural and contractual actions; and d) Establishing policies for the filing of candidate statements of qualification.

Financial Implications: See report
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Adopted Resolution No. 71,227–N.S.

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

Vote: All Ayes.

Adjourned at 3:37 p.m.

I hereby certify that the foregoing is a true and correct record of the special meeting held on February 29. 2024.
_________________________
Mark Numainville, City Clerk

Thursday, February 29, 2024 MINUTES Page 3
Communications
Item #1: Calling for a Special Municipal Election to fill the City Council District 4 Vacancy

1. Associated Students University of California (ASUC)

2. Sky Ocean (2)
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
 None
Supplemental Communications and Reports 3
Item #1: Calling for a Special Municipal Election to fill the City Council District 4 Vacancy

3. Associated Students University of California

Internal
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 26, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Peter Radu, Assistant to the City Manager Subject: Contract No. 32200202 Amendment: Extending the Lease for the Real Property at 1461 University Avenue

RECOMMENDATION
Adopt an Urgency Ordinance authorizing the City Manager to execute an amendment to Contract No. 32200202 with Shree Jalasai Lodging, LP for the real property located at 1461 University Avenue, Berkeley, for the purposes of extending the interim noncongregate shelter program at this location to accommodate a longer-than- anticipated Homekey sales process. The proposed contract amendment will extend the term on a month-to-month basis for no longer than 6 months and increase the total cost by up to $975,756, with actual costs pro-rated based on the length of the lease, for a new contract not-to-exceed amount of $4,872,158.

FISCAL IMPACTS OF RECOMMENDATION
Total costs for this lease are not to exceed $124 per room per night for 43 rooms, month-to-month for up to 6 months, for a total increase of no more than $975,756, which will be paid for using Measure P and/or U1 funds. These funds will be appropriated in the Second Amendment to the FY2024 Annual Appropriations Ordinance.

CURRENT SITUATION AND ITS EFFECTS
On September 19, 2023, the Council adopted an urgency ordinance to extend the current lease at the Rodeway Inn to continue operating noncongregate interim housing there while the City, Housing Consortium of the East Bay (HCEB) and MPI Homes were awaiting a possible Homekey award to purchase the motel and convert it to permanent supportive housing. That lease amendment authorized an extension of the lease (and commensurate funding for rental costs) through March 31, 2024.

On December 4, the State of California publicly announced that the City of Berkeley’s Homekey grant to purchase the Rodeway Inn had been awarded. Since that time, the City, HCEB, and MPI Homes have been working with the State to close on the purchase of the property, but that timeline is taking longer than anticipated. The March 26, 2024 City Council meeting is the last meeting before the lease expiration on March 31, and as

Internal
Contract Amendment for Extending the Lease for the Real Property at 1461 CONSENT CALENDAR University Avenue March 26, 2024

of the submission of this report, the timeline for the close of escrow on the property is still unknown.

Therefore, in order to prevent the discontinuation of the interim shelter program operating at the Rodeway and currently housing the vulnerable former residents of the People’s Park encampment, city staff propose a lease extension for up to 6 months, to allow sufficient time for the sale of the property to close.

The proposed contract amendment, as specified in Exhibit A attached to this report, continues the existing master lease for 43 rooms at a flat price of $124 per room per night. This includes regular cleaning, linen service, and supplies to the rooms. The proposed amendment would authorize a month-to-month contract extension for up to 6 months, terminable by the City Manager with 30 days’ notice. Actual rent costs will be pro-rated to the duration of the city’s occupancy at the property, but will not exceed $975,756 in the event that the city stays for the entire 6 months.

Staff will continue to contract with HCEB to provide the social services component of the program, as the current service provider. Council previously approved the social services contract and funding for it (on Sept 19, 2023), which can be extended by the City Manager without need for further Council authorization.

Continuing this access to interim housing for persons experiencing homelessness is consistent with the City’s strategic priorities, and specifically the July, 2021 endorsement of the All Home Regional Action Plan.

BACKGROUND
In February 2022, the City was awarded just over $4.7M in State of California Encampment Resolution Funding grant funds to operate the Rodeway Inn as the primary interim housing option for people living in People’s Park. On April 26, 2023, the Council approved a lease and a services contract with Abode Services to operate the Rodeway Inn as an interim noncongregate housing program. On September 19, 2023, the City Council approved an extension of the existing lease through March 31, 2024 in anticipation of a Homekey award to purchase the property (which was later announced on December 4, 2023) as well as a contract with Housing Consortium of the East Bay (HCEB) for the services contract.

The State awarded over $14M in Homekey funds to support the acquisition, renovation, and ongoing operations of the Rodeway Inn, which will be converted to permanent supportive housing for formerly homeless residents. Current residents will have the opportunity to lease in place after the property transfer to HCEB and MPI Homes. The City is also contributing $8.5M in general funds from Measure U1 to support the project.

Internal
Contract Amendment for Extending the Lease for the Real Property at 1461 CONSENT CALENDAR University Avenue March 26, 2024

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
If adopted, this lease amendment will allow the City to continue providing safe, low- barrier noncongregate shelter options to people previously living in encampments as the city works to close escrow on the Homekey sale of the property. Discontinuing the lease before the sale is finalized and the existing shelter occupants are allowed to lease-in- place at the property would return these vulnerable people back to the streets.

Adopting the agreement by Urgency Ordinance is appropriate in light of the current shelter crisis and the imminent expiration of the existing lease contract. By adopting this agreement through an Urgency Ordinance, it will be possible to execute a lease with an effective date of April 1, 2024.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Peter Radu, Assistant to the City Manager, 510 981-7045 Attachments:
1: Urgency Ordinance
Exhibit A: Contract Amendment
Exhibit B: City Council report and lease extension from September 19, 2023.

Internal
Contract Amendment for Extending the Lease for the Real Property at 1461 CONSENT CALENDAR University Avenue March 26, 2024

ORDINANCE NO. X,XXX N.S.

AUTHORIZING THE CITY MANAGER OR HER DESIGNEE TO EXTEND A LEASE AND

ANY NECESSARY AMENDMENTS WITH SHREE JALASAI LODGING, LP, DBA RODEWAY INN, BERKELEY, FOR REAL PROPERTY LOCATED AT 1461 UNIVERSITY AVENUE, BERKELEY, CA.

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

Section 1. The City Council finds as follows:
a. The City of Berkeley is facing a growing housing and homelessness crisis, in part exacerbated by the acute lack of affordable housing and supportive housing for people experiencing homelessness; and
b. Encampments in Berkeley are inherently unhealthy for their residents and frequently problematic for surrounding neighbors; and
c. Resolving encampments requires working with their residents to find viable alternatives to their unsheltered status, such as low-barrier, noncongregate interim housing options; and
d. April 26, 2022, the City Council adopted Ordinance No. 7,807-N.S. to master lease the Rodeway Inn at 1461 University Avenue to operate a low-barrier noncongregate shelter for people living in encampments; and e. On September 12, 2023, the City Council adopted urgency Ordinance No. 7,884- N.S., extending the master-lease at the Rodeway Inn through March 31, 2024; and f. On December 4, the State of California announced that it would fund the City of Berkeley’s Homekey application to purchase and convert the Rodeway Inn to permanent supportive housing; and
g. The current lease expires on March 31, 2024, putting the future of the interim program currently running at the Rodeway at risk of closure before the sale of the property can be finalized; and
h. The property owner, Shree Jalasai Lodging, LP, dba Rodeway Inn, Berkeley, has offered to extend the lease on the same terms (43 rooms at a rate of $124 per room per night), to the City for purposes of continuing a homeless shelter on a month-to-month basis for up to 6 additional months.

Section 2. The City Manager or her designee is hereby authorized to enter into a lease contract amendment starting April 1, 2024 with Shree Jalasai Lodging, LP, dba Rodeway Inn, Berkeley for real property located at 1461 University Avenue on substantially the same terms as set forth in Exhibit A. The rent will be $124 per room per night and will be paid for with City of Berkeley General Funds.

Section 3. This Ordinance is adopted as an urgency ordinance pursuant to the Charter of the City of Berkeley, Article XIV, Section 93 and shall be effective immediately. The City Council finds and determines that the adoption of this Ordinance as an urgency ordinance is necessary for the immediate preservation of the public peace, health and safety of the residents of the City of Berkeley.

Internal
Contract Amendment for Extending the Lease for the Real Property at 1461 CONSENT CALENDAR University Avenue March 26, 2024

Section 4. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of Old City Hall, 2134 Martin Luther King Jr. Way within fifteen calendar days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

URGENT ITEM

AGENDA MATERIAL
Government Code Section 54954.2(b)
Rules of Procedure Chapter III.C.5

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/

THIS ITEM IS NOT YET AGENDIZED AND MAY OR MAY NOT BE

ACCEPTED FOR THE AGENDA AS A LATE ITEM, SUBJECT TO THE
CITY COUNCIL’S DISCRETION ACCORDING TO BROWN ACT RULES

Meeting Date: September 19, 2023

Item Description: Revised Resolution for a Joint Homekey Application and Urgency Ordinance to Amend Contract No. 32200202 Extending the Lease for Real Property at 1461 University

This item is submitted pursuant to the provision checked below:

Emergency Situation (54954.2(b)(1) - majority vote required) Determination by a majority vote of the legislative body that an emergency situation exists, as defined in Section 54956.5.

Immediate Action Required (54954.2(b)(2) - two-thirds vote required) There is a need to take immediate action and the need for action came to the attention of the local agency subsequent to the agenda for this meeting being posted.

Once the item is added to the agenda (Consent or Action) it must be passed by the standard required vote threshold (majority, two-thirds, or 7/9).
x

Facts supporting the addition of the item to the agenda under Section 54954.2(b) and Chapter III.C.5 of the Rules of Procedure:

On March 21, 2023, City Council adopted a resolution authorizing a joint application with Memar Properties, Inc. and Housing Consortium of the East Bay (HCEB) to the State of California’s Homekey Program to purchase the Rodeway Inn and convert the building to permanent supportive housing in anticipation of the release of a Notice of Funding Available (NOFA). The State released the NOFA for the Homekey Program’s third round of funding on March 29th, 2023, and the City, Memar, and HCEB submitted the joint application for the Rodeway Inn project on May 10th.

The State is currently reviewing the application and notified Health, Housing, and Community Services (HHCS) staff on September 6, 2023 that the City is required to submit a revised authorizing resolution using HCD’s updated template in order to complete the application review. Failing to adopt the new resolution immediately will jeopardize the City’s competitiveness and potential Homekey award.

On April 26, 2022, the Council adopted an urgency ordinance to enter into a lease for the Rodeway Inn, and the future availability of funding for permanent housing conversion was unknown. On October 31, 2023, the current lease at the Rodeway will expire. On September 9, 2023, Memar informed HHSC staff that if the Homekey application is successful, the updated project schedule anticipates that the Rodeway would convert to permanent supportive three to four months after an award is made.

An urgency ordinance is needed to extend the lease and allow the Rodeway Inn to continue operating as interim housing prior to permanent housing conversion in the event that the Homekey Program funds are awarded.

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
September 19, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Lisa Warhuus, Director, Health, Housing, and Community Services Subject: Revised Resolution for a Joint Homekey Application and Urgency Ordinance to Amend Contract No. 32200202 Extending the Lease for Real Property at 1461 University

RECOMMENDATION
Adopt one resolution and one urgency ordinance approving the following actions in support of a Homekey program application by:

1. Authorizing the City Manager or her designee to prepare and submit a joint application together with Memar and HCEB for the State of California Housing and Community Development (HCD) Department’s Homekey program for the University Inn permanent supportive housing project.

2. Authorizing the City Manager or her designee to take actions needed for the City’s participation in HCD’s Homekey program, including entering into HCD’s Standard Agreement and any amendments.

3. Authorizing the City Manager, if Homekey funds are awarded, to execute an amendment to Contract No. 32200202 with Shree Jalasai Lodging, LP for the lease of real property located at 1461 University Avenue, Berkeley, extending the term by five months and increasing the total cost by $891,132 for a new contract not-to-exceed amount of $3,896,402 for the purposes of extending the interim non-congregate shelter program at this location.

FISCAL IMPACTS OF RECOMMENDATION
The proposed project is eligible for an estimated $15M in State Homekey funds, including three years of operating subsidy. Funds already reserved in Resolution No. 70,736-N.S. constitute the required match. That resolution reserved an additional $1,000,000 to continue operating the property as interim shelter for the period between the expiration of the current operator’s contract and permanent housing conversion.

Total costs for this lease are not to exceed $124 per room per night for 43 rooms, plus a $2000 per room fund for damages payable upon lease termination, for an estimated total increase of $891,132, which will be paid for using State of California Encampment

Joint Homekey Application and Urgency Ordinance to Amend CONSENT CALENDAR Contract No. 32200202 September 19, 2023

Resolution Funding grant funds and funding from City General Fund previously appropriated for the project. These funds will be appropriated in the Second Amendment to the FY2024 Annual Appropriations Ordinance.

CURRENT SITUATION AND ITS EFFECTS
On March 21, 2023, Council adopted three resolutions authorizing a joint application with Memar Properties, Inc. and Housing Consortium of the East Bay (HCEB) to the State of California’s Homekey Program to purchase the Rodeway Inn and convert the building to permanent supportive housing. This month staff were notified that the City’s approval must follow the State’s approved resolution template with specific language in order for their review of the application to continue. Since funding is allocated on a rolling basis, the application will be more likely to be funded the sooner the City can meet this requirement. The revised resolution accompanies this report as Attachment

1. On April 26, 2022, Council adopted an urgency ordinance to enter into a lease for the Rodeway Inn, also referred to as the University Inn, using a combination of a California Encampment Resolution Funding grant and a UC Berkeley donation to operate non- congregate interim housing for the cohort of individuals currently living in the encampment at People’s Park. Since its inception, the program has served 110 people with interim housing, 35 of whom have exited directly to permanent housing. Out of 72 total exits, this represents a success rate of 49%.

On October 31, 2023, the current lease at the Rodeway will expire. If the application is successful, the project schedule anticipates that the Rodeway would convert to permanent supportive three to four months after an award is made. The urgency ordinance would allow for a longer lease extension period, if necessary (approximately five months). This amendment would ensure that the Rodeway Inn could continue to operate as interim housing until Memar and HCEB acquire the property with Homekey funding.

BACKGROUND
Homekey is an HCD program that provides government entities with funding to purchase and rehabilitate properties, including hotels, motels, and vacant apartment buildings, and convert them into interim or permanent housing. Homekey projects serve people experiencing homelessness or who are also at risk of becoming homeless. The program typically provides funding of up to $200,000 per unit (depending on unit type), and may increase the subsidy if there are local matching funds.

In anticipation of HCD’s Homekey NOFA release, the City issued a Request for Proposals (RFP) on November 29, 2022 to select an eligible Homekey project and development team. The RFP included $8.5M in City funds, including General Funds received pursuant to Measure P and Measure U1. HHCS received two proposals to convert interim housing to permanent supportive housing: one from Memar Properties,

Joint Homekey Application and Urgency Ordinance to Amend CONSENT CALENDAR Contract No. 32200202 September 19, 2023

Inc. and Housing Consortium of the East Bay for the University Inn project and another from Insight Housing. Based on careful review of the proposals, the projects’ feasibility, applicant experience with the Homekey program, and an evaluation of development team capacity, staff recommended selection of the University Inn project.

Council already acted to approve moving forward with this proposal, adopting three related resolutions on March 21, 2023. Resolution 70,736-N.S. reserved $8.5M in City general funds to support acquisition, development, and operating costs, as well as an additional $1M to continue operating Rodeway Inn as interim housing prior to permanent housing conversion. Resolution 70,737-N.S. also authorized the inclusion of a project preference for homeless individuals in Berkeley to the extent allowable under the coordinated entry system and all other applicable laws and regulations.

HCD released the Notice of Funding Availability (NOFA) for the Homekey program’s third round of funding on March 29th, 2023, and the joint application for the Rodeway Inn project was submitted on May 10th. HCD is currently reviewing the application and is requiring the City to submit a revised authorizing resolution using HCD’s updated template in order to complete the application review. Any alterations or additions to HCD’s approved resolution language jeopardizes the City’s ability to obtain a grant award. The revised resolution replaces Resolution 70,738-N.S. and would authorize a Homekey request of up to $30M. HCD recommended securing authorization for twice the amount of funding anticipated, which is estimated at $15M for the Rodeway Inn.

The proposed lease contract amendment, as specified in Exhibit A attached to this report, continues the existing master lease for 43 rooms at a flat price of $124 per room per night, as well as a renewed damage fund not to exceed $2000/room payable at the end of the lease, for a total amount not to exceed $891,132. The cost includes regular cleaning, linen service, and supplies to the rooms.

In order for the project to receive the Homekey funds, the City will be required to enter into the State’s Standard Agreement for the project. The Standard Agreement will be 55 years for permanent housing.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no environmental sustainability effects directly associated with the recommendations in this report. If the City’s funding application is successful, the project will be acquired and rehabilitated, which is generally considered a more sustainable type of development.

RATIONALE FOR RECOMMENDATION
Creation of permanent supportive housing through a partnership with Memar and HCEB will support chronically unhoused individuals in the City, and will bring new permanent supportive housing units online on an expedited timeline. If adopted, this lease

Joint Homekey Application and Urgency Ordinance to Amend CONSENT CALENDAR Contract No. 32200202 September 19, 2023

amendment will allow the City to continue providing safe, low-barrier noncongregate shelter options to people living in encampments.

ALTERNATIVE ACTIONS CONSIDERED
The City could decline to adopt a new Homekey resolution or lease extension. Failing to adopt the new resolution will jeopardize the City’s competitiveness and potential Homekey award, and not extending the lease would result in displacement of those currently housed and impact their ability to transition to permanent housing in place.

Since these options are not consistent with the City’s Strategic Plan to increase affordable housing opportunities, staff is recommending participation as described above.

CONTACT PERSON
Grace Streltzov, Community Development Project Coordinator, HHCS, (510) 981-5430 Attachments:
1: Resolution
2: Urgency Ordinance
Exhibit A: Contract Amendment
Exhibit B: Lease Agreement from May 1, 2022

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

RESOLUTION OF THE GOVERNING BODY OF CITY OF BERKELEY AUTHORIZING

JOINT APPLICATION TO AND PARTICIPATION IN THE HOMEKEY PROGRAM FOR

UNIVERSITY INN

WHEREAS, The Department of Housing and Community Development (“Department”) has issued a Notice of Funding Availability, dated March 29 , 2023 (“NOFA”), for the Homekey Program (“Homekey” or “Program”). The Department has issued the NOFA for Homekey grant funds pursuant to Health and Safety Code section 50675.1.3 (Assem. Bill No. 140 (2021-2022 Reg. Sess.), § 20.); and

WHEREAS, City of Berkeley (“Co-Applicant”) desires to jointly apply for Homekey grant funds with Housing Consortium of the East Bay and Memar P roperties (“Corporation”).

Therefore, Co -Applicant is joining Corporation in the submittal of an application for Homekey funds (“Application”) to the Department for review and consideration; and

WHEREAS, The Department is authorized to administer Homekey pursuant to the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code). Homekey funding allocations are subject to the terms and conditions of the NOFA, the Application, the Departme nt-approved STD 213, Standard Agreement (“Standard Agreement”), and all other legal requirements of the Homekey Program.

NOW THEREFORE, BE IT RESOLVED that Co -Applicant is hereby authorized and directed to submit a joint Application to the Department in response to the NOFA, and to jointly apply for Homekey grant funds in a total amount not to exceed $30,000,000.

BE IT FURTHER RESOLVED that if the Application is approved, Co-Applicant is hereby authorized and directed to enter into, execute, and deliver a Standard Agreement in a total amount not to exceed $30,000,000, any and all other documents required or deemed necessary or appropriate to secure the Homekey funds from the Department and to participate in the Homekey Program, and all amendments thereto (collectively, the “Homekey Documents”).

BE IT FURTHER RESOLVED that Co -Applicant acknowledges and agrees that it shall be subject to the terms and conditions specified in the Standard Agreement, and that the NOFA and Application will be incorporated in the Standard Agreement by reference and made a part thereof. Any and all activities, expenditures, information, and timelines represented in the Application are enforceable through the Standard Agreement. Funds are to be used for the allowable expenditures and activities identified in the Standard Agreement.

BE IT FURTHER RESOLVED that the City Manager or her designee is authorized to execute the Application and the Homekey Documents on behalf of Co -Applicant for participation in the Homekey Program.

ORDINANCE NO. -N.S.

AUTHORIZING THE CITY MANAGER OR HER DESIGNEE TO EXTEND A LEASE

AND ANY NECESSARY AMENDMENTS WITH SHREE JALASAI LODGING, LP, DBA RODEWAY INN, BERKELEY, FOR REAL PROPERTY LOCATED AT 1461 UNIVERSITY AVENUE, BERKELEY, CA.

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

Section 1. The City Council finds as follows:
a. The City of Berkeley is facing a growing housing and homelessness crisis, in part exacerbated by the acute lack of affordable housing and supportive housing for people experiencing homelessness; and
b. Encampments in Berkeley are inherently unhealthy for their residents and frequently problematic for surrounding neighbors; and
c. Resolving encampments requires working with their residents to find viable alternatives to their unsheltered status, such as low-barrier, noncongregate interim housing options; and
d. April 26, 2022, the City Council adopted Ordinance No. 7,807-N.S. to master lease the Rodeway Inn at 1461 University Avenue to operate a l ow-barrier noncongregate shelter for people living in encampments; and e. The current lease expires on Oct. 31, 2023, putting the future of the interim program currently running at the Rodeway at risk of closure; and f. The property owner, Shree Jalasai Lodging, LP, dba Rodeway Inn, Berkeley, has offered to extend the lease on the same terms ( 43 rooms at a rate of $124 per room per night and $2000 per room in damage funds ), to the City for purposes of establishing a homeless shelter for an additional 5 months.

Section 2. The City Manager or her designee is hereby authorized , contingent on the State of California awarding Homekey funding to the City, to enter into a lease contract amendment starting November 1, 2023 with Shree Jalasai Lodging, LP, dba Rodeway Inn, Berkeley for real property located at 1461 University Avenue on substantially the same terms as set forth in Exhibit A. The rent will be $124 per room per night, including $2000 per room in damage funds, and will b e paid by State of California Encampment Resolution Funding grant funds and City of Berkeley General Funds.

Section 3. This Ordinance is adopted as an urgency ordinance pursuant to the Charter of the City of Berkeley, Article XIV, Section 93 and shall be e ffective immediately. The City Council finds and determines that the adoption of this Ordinance as an urgency ordinance is necessary for the immediate preservation of the public peace, health and safety of the residents of the City of Berkeley.

Section 4. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of Old City Hall, 2134 Martin Luther King Jr. Way within fifteen calendar days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

Exhibits:

A: Contract Amendment
B: Lease Agreement from May 1, 2022

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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 26, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Peter Radu, Assistant to the City Manager Subject: Contract: Housing Consortium of the East Bay (HCEB) to operate shelter at the Rodeway Inn

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a contract with Housing Consortium of the East Bay (HCEB) to operate an interim housing program at the Rodeway Inn (1461 University Ave.) through September 30, 2024.

FISCAL IMPACTS OF RECOMMENDATION
If approved, this resolution will result in an expenditure contract with HCEB for an amount not to exceed $1,925,256 for program operations through Sept 30, 2024. This contract will be paid for using remaining State of California Encampment Resolution Funding (ERF) grant funds (Fund #336) and City General Fund (Measure P and/or U1) and funds will be appropriated in the Second Amendment to the FY2024 Annual Appropriations Ordinance.

CURRENT SITUATION AND ITS EFFECTS
On Sept 19, 2023, the City Council approved Resolution No. 71,044-N.S., authorizing the City Manager to enter into contract with Housing Consortium of the East Bay (HCEB). HCEB is providing the shelter services at the Rodeway Inn during the interim period between the end of Abode Services’ contract (which ended Oct 31, 2023) and the close of escrow on the Homekey purchase of the Rodeway. The City will utilize remaining ERF and General Fund (Measure P and/or U1) funds for services through March 31, 2024. The latter funding was approved by City Council on March 21, 2023 through Resolution No. 70736. An additional $1,100,102 is needed to cover services through September 30, 2024.

The September 19, 2023 Council item was written as a contingency report in the event that the Homekey funding had not been awarded, and the original staff report (included here as Attachment 1) had identified Measure P and/or U1 reserved for Homekey as the source of funding. To eliminate any administrative confusion, staff recommend re- authorizing this contract, making clear that the source of funding for extended services

Execute contract with Housing Consortium of the East Bay CONSENT CALENDAR to operate shelter at the Rodeway Inn March 26, 2023

through September 30, 2024 will be Measure P and/or U1 sources not otherwise tied to Homekey.

BACKGROUND
In February 2022, the City was awarded just over $4.7M in State of California Encampment Resolution Funding grant funds to operate the Rodeway Inn as the primary interim housing option for people living in People’s Park. On April 26, 2023, the Council approved a lease with Shree Jalasai Lodging, LP and a services contract with Abode Services to operate the Rodeway Inn as an interim non-congregate housing program. Abode Services contract ended on October 31, 2023. On Sept 19, 2023, Council authorized a contract with HCEB to continue shelter operations at the Rodeway Inn until the close of escrow on the Homekey purchase of the property; Homekey funding was later announced by the State on Dec 4, 2023.

ENVIRONMENTAL SUSTAINABILITY
No environmental impacts or opportunities identified.

RATIONALE FOR RECOMMENDATION
Staff’s original HCEB contract item (from Sept 19, 2023 and included as Attachment 1) was unclear as to the specific source of general funding for this contract.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Peter Radu, Assistant to the City Manager, 510-981-7045.

Attachments:
1: Council item for HCEB Contract from the Sept 19, 2023 Consent Calendar.

RESOLUTION NO. XX,XXX N.S.

AUTHORIZING A CONTRACT WITH HOUSING CONSORTIUM OF THE EAST BAY (HCEB) SERVICES TO OPERATE INTERM HOUSING AT THE RODEWAY INN FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $1,925,256 FOR THE PERIOD OCTOBER 15, 2023 to Sept 30, 2024.

WHEREAS, the severe lack of housing affordable for people who are experiencing homelessness, is contributing to an acute housing shortage that is worsening the rates of homelessness in Berkeley; and
WHEREAS, the City partnered with MPI Homes and Housing Consortium of the East Bay, to submit a proposal to the State of California’s Homekey Program to purchase the Rodeway Inn and convert it to permanent supportive housing for people experiencing homelessness and the State is still reviewing the application; and WHEREAS, that Homekey funding was awarded in an announcement by the State on Dec 4, 2023, but the close on the purchase of the property has yet to be completed; and WHEREAS, there are currently 30 households enrolled in the interim shelter program, the majority of them waiting to be referred to permanent supportive housing; WHEREAS, Housing Consortium of the East Bay is an experienced non-congregate shelter provider, having contracted with the County to provide services at Project Roomkey sites in Alameda County and is currently providing shelter services at the Rodeway in the intervening period up until the close of sale on the property.

NOW THEREFORE, BE IT RESOLVED that the Council of the City of Berkeley authorizes the City Manager to enter into a contract and necessary amendments for the period October 15, 2023 through September 30, 2024 with Housing Consortium of the East Bay for operating a non-congregate interim housing program at the Rodeway Inn.

BE IT FURTHER RESOLVED that the contract amount will not exceed $1,925,256 with a payment up to $890,850 to be advanced prior to contract execution to cover staffing and operating costs. Contract payments will be paid from remaining Encampment Resolution Funds and City General Fund (Measure P and/or U1). A recorded signature copy of said contract and any amendments will be on file in the City Clerk Department.

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

ACTION CALENDAR
SEPTEMBER 19, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Peter Radu, Assistant to the City Manager Subject: Execute contract with Housing Consortium of the East Bay (HCEB) to operate shelter at the Rodeway Inn

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a contract with Housing Consortium of the East Bay (HCEB) to operate an interim housing program at the Rodeway Inn (1461 University Ave.) through April 30, 2026.

FISCAL IMPACTS OF RECOMMENDATION
If approved, this resolution will result in an expenditure contract with HCEB for an amount not to exceed $4,000,000 for program operations through April 30, 2026. This contract will be paid for using State of California Encampment Resolution Funding grant funds (Fund #336), leftover UC Berkeley donation funds from the original lease (Fund #147), as well as funding from the City General Fund (Measure P and/or U1) previously reserved for HomeKey. These funds will be appropriated in the Second Amendment to the FY2024 Annual Appropriations Ordinance.

CURRENT SITUATION AND ITS EFFECTS
The City is currently funding Abode Services to provide interim emergency shelter at the Rodeway Inn through October 31, 2023. Abode Services is not interested in extending its contract with the city. There are currently 38 households enrolled in the program with 79% being eligible for permanent supportive housing.

On May 10, 2023, Health, Housing and Community Services Department, Housing and Community Services Division staff, in partnership with MPI Homes and HCEB, submitted a proposal to the State of California’s Homekey Program to purchase the Rodeway Inn and convert and operate it as permanent supportive housing for people experiencing homelessness. As of the drafting of this report, the State is still reviewing the City's Homekey application. Since Abode Services will end on October 31st, a contract with HCEB is needed to continue to provide interim shelter services in the event the City is not awarded Homekey funding. Because of the time sensitive nature of this item, the budget reflects service and operations through April 30, 2026 including some funding for HCEB to be on-site in October to get familiar with site operations and

Execute contract with Housing Consortium of the East Bay ACTION CALENDAR to operate shelter at the Rodeway Inn SEPTEMBER 19, 2023

program participants to be ready to take over full operations starting on November 1, 2023.

BACKGROUND
In February 2022, the City was awarded just over $4.7M in State of California Encampment Resolution Funding grant funds to operate the Rodeway Inn as the primary interim housing option for people living in People’s Park. On April 26, 2023, the Council approved a lease with Shree Jalasai Lodging, LP and a services contract with Abode Services to operate the Rodeway Inn as an interim non-congregate housing program. Abode Services contract will end on October 31, 2023.

ENVIRONMENTAL SUSTAINABILITY
Continuing to provide interim shelter and services to previously unsheltered people while they wait to be permanently housed minimizes the detrimental environmental impacts associated with encampment homelessness, including vector and fire hazards, accumulation of trash and waste, and impacts on sensitive waterways.

RATIONALE FOR RECOMMENDATION
Housing Consortium of the East Bay is an experienced non-congregate shelter provider, having contracted with the County to provide services at Project Roomkey sites in Alameda County. They are also the co-applicant in the Homekey application for this site and are prepared to assume full site operations starting on November 1, 2023 whether or not the Homekey application is awarded.

ALTERNATIVE ACTIONS CONSIDERED
Staff considered circulating a competitive solicitation (request for proposals) for the services at the Rodeway, but determined it wasn’t feasible nor would it be in the program’s best interest to do so. Specifically, this is because HCEB is the co-applicant in the Homekey application and is prepared to take over short- or long-term operations as of November 1st. If the Homekey project is awarded, having another provider take over short-term operations, would have been disruptive for program participants and general operations. This way, HCEB will be on-site and working with Abode Services in October so they are fully prepared to take over operations on November 1, 2023.

CONTACT PERSON
Peter Radu, Assistant to the City Manager, 510-981-7045.

Attachments:
1: Resolution

RESOLUTION NO. XX,XXX N.S.

AUTHORIZING A CONTRACT WITH HOUSING CONSORTIUM OF THE EAST BAY (HCEB) SERVICES TO OPERATE INTERM HOUSING AT THE RODEWAY INN FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $4,000,000 FOR THE PERIOD OCTOBER 1, 2023 TO APRIL 30, 2026.

WHEREAS, the severe lack of housing affordable for people who are experiencing homelessness, is contributing to an acute housing shortage that is worsening the rates of homelessness in Berkeley; and
WHEREAS, the City received State of California Encampment Resolution Fund (ERF) grant funds to operate the Rodeway Inn as an intensive interim housing destination and the current services will end on October 31, 2023; and
WHEREAS, there are currently 38 households enrolled in the interim shelter program, the majority of them waiting to be referred to permanent supportive housing; WHEREAS, the City partnered with MPI Homes and Housing Consortium of the East Bay, to submit a proposal to the State of California’s Homekey Program to purchase the Rodeway Inn and convert it to permanent supportive housing for people experiencing homelessness and the State is still reviewing the application; and WHEREAS, Housing Consortium of the East Bay is an experienced non-congregate shelter provider, having contracted with the County to provide services at Project Roomkey sites in Alameda County and are prepared to assume full site operations starting on November 1, 2023 whether or not the Homekey application is awarded.

NOW THEREFORE, BE IT RESOLVED that the Council of the City of Berkeley authorizes the City Manager to enter into a contract and necessary amendments for the period October 1, 2023 through April 30, 2026 with Housing Consortium of the East Bay for operating a non-congregate interim housing program at the Rodeway Inn.

BE IT FURTHER RESOLVED that the contract amount will not exceed $4,000,000 with a payment of $387,100 to be advanced prior to contract execution to cover staffing and operating costs. Contract payments will be paid from Encampment Resolution Fund grant moneys, the City General Fund (Measure P and/or U1), and leftover donation funds from the University of California, Berkeley. A recorded signature copy of said contract and any amendments will be on file in the City Clerk Department.

Internal
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 26, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Henry Oyekanmi, Director, Finance
Subject: Contract No. 31900162 Amendment: Pride Industries Contract for Janitorial Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to amend the City’s contract with Pride Industries (Contract No. 31900162) through June 30, 2025, and to approve additional appropriations related for performance of this contract.

FISCAL IMPCTS OF RECOMMENDATION
Funds are available in individual departmental budgets. An additional $400,000 is required to complete the current contract year due to changes to services after ramping back up post-pandemic, annual Living Wage Increase and inflation impacts anticipated to continue forward. The second extension period is estimated at $1,000,000. This brings the total projected expenditure over five (5) years to $5,125,735.

CURRENT SITUATION AND ITS EFFECTS
The original Pride contract was approved in the amount of $3,725,735, which was intended to provide funding for three years. The pandemic necessitated departments to change their scopes of service – some decreased, some increased. Additionally, Pride’s performance has overall been satisfactory during the contract period. Impacts from the annual Living Wage Increases and inflation have impacted the amount required to continue providing these services Citywide.

The City intends to extend the contract with Pride for another one (1)-year period to continue services. Estimated annual spend going forward is $1,000,000 per year. A spend breakdown is listed in the table below:

Initial Contract Amount $ 3,725,735
Additional funds required for first extension $ 400,000 Funds for second extension $ 1,000,000
Total Contract not-to-exceed $ 5,125,735

Internal
Amendment of Pride Industries Citywide Contract for Janitorial Services CONSENT CALENDAR March 26, 2024

BACKGROUND
The City of Berkeley is a medium-sized account for janitorial services in a municipal government setting. The City administered Request for Proposals number 18-11213-C in 2018 and awarded the contract to Pride Industries after an extensive review of competitive responses. Pride has been servicing the City since 2019.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Pride Industries complies with the City’s environmental requirements and uses cleaning chemicals that are the least toxic on the market, and/or rated as environmentally friendly, where feasible. The paper products supplied by Pride meet or exceed the recycled content percentage required by the City.

RATIONALE FOR RECOMMENDATION
The City has many locations serviced by Pride. The City wishes to capitalize on the business relationship, efficiencies, and Pride’s familiarity with City locations that have been established with Pride over the course of this contract.

ALTERNATIVE ACTIONS CONSIDERED
The City considered administering its own RFP, however, the city’s janitorial needs are complex, and a new RFP would take several months to administer, and the cost to change vendors would be significant. Thus, extending the Pride contract for another period through June 30, 2025 outweighs the City administering its own RFP at this time.

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

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

AMENDMENT AND EXTENSION OF PRIDE INDUSTRIES CONTRACT 31900162 WHEREAS, City Council approved Resolution 68,789-N.S. on March 12, 2019 approving the contract for janitorial services with Pride Industries, as a result of Request for Proposals #18-11213-C; and
WHEREAS, City departments require ongoing janitorial services without a significant break in services, and have departmental budgets for those; and WHEREAS, the pandemic led to dramatic changes in scopes of services at several city locations, many of which will continue as revised; and
WHEREAS, Pride continues to attest to compliance with the City’s social responsibility requirements; and
WHEREAS, the benefits of continuing with Pride outweigh administering a City of Berkeley RFP at this time.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to amend and extend the contract with Pride Industries as required to continue to meet the janitorial services needs of City departments; the contract value is now not-to-exceed $5,125,735 through FY 2025.

Internal
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 26, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Henry Oyekanmi, Director, Finance
Subject: Contract No. 32000060 Amendment: Toshiba for Multi-function Devices

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to amend the City’s contract with Toshiba (contract #32000060) through September 15, 2025, and to approve additional appropriations related for performance of this contract.

FISCAL IMPACTS OF RECOMMENDATION
Funds are available in individual departmental budgets. An additional $720,000 is required to complete the current contract year due to increased products and services resulting from needs during pandemic, and that will continue forward. The two-year extension period is estimated at $360,000 per year ($720,000). This brings the total projected expenditure over five (5) years to $1,750,000.

CURRENT SITUATION AND ITS EFFECTS
The original Toshiba contract was approved in the amount of $828,170, which was intended to provide funding for three years. The pandemic necessitated departments to add a few new products (for example, additional scanners). Additionally, Toshiba’s performance has been satisfactory to the City during the contract period.

The City intends to extend the contract with Toshiba for up to two (2) one-year periods to continue services. Estimated annual spend going forward is $360,000 per year. A spend breakdown is listed in the table below:

Initial Contract Amount $ 828,170
Additional funds required for initial contract period $ 210,000 Funds for two-year contract extension $ 720,000
Total Contract not-to-exceed $1,750,000

Internal
Amendment of Toshiba Citywide Contract for Multi-function Devices CONSENT CALENDAR March 26, 2024

BACKGROUND
The City of Berkeley is a medium size account for copiers in a municipal government setting. Pricing obtained by the City was higher than that of larger cities. In 2019, City of Berkeley identified the Region 4 Education Service Center (ESC) contract, which leveraged several agencies combined to create a large account, but with similar multi- function devise (printer/scanner/copier) needs. Region 4 ESC competed and awarded a multi-year contract to Toshiba prior to 2019, and the contract has been revised through May 2025. Region 4 ESC received advantageous pricing based on the size of their bid.

The City of Berkeley is able to obtain the same pricing of the larger account by piggybacking on the Region 4 ESC contract, which is now part of Omnia Partners, a large and favorable government cooperative agency. Toshiba continues to attest to meeting the City of Berkeley’s social responsibility certifications. The City is satisfied with Toshiba’s quality and repair services, and, barring any major disruptions, or negative feedback, intends to continue with Toshiba for the contract extension period.

The extension will allow the City time to determine service alternatives and whether competing the maintenance of the existing equipment is feasible.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Toshiba units are stocked with 100% recycled paper. The units themselves are energy- star rated, and scanning is promoted vs. printing. Toner cartridges flow through the EcoSmart toner recycling program, in which the cartridges are reused until they no longer can be, at which time they are transformed into another product.

RATIONALE FOR RECOMMENDATION
The City has over 70 units dispersed throughout nearly all locations, and recompeting is not advantageous at this time.

ALTERNATIVE ACTIONS CONSIDERED
The City considered administering its own RFP, however, the city’s copier needs are complex, and a new RFP would take several months to administer, and the cost to change vendors would be significant. Thus, piggybacking on the new Region 4 ESC/Omnia Partners contract or other publicly competed/awarded contract outweighs the City administering its own RFP at this time.

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

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

AMENDMENT AND EXTENSION OF TOSHIBA CONTRACT 32000060
WHEREAS, City Council approved Resolution 69,074-N.S. on September 10, 2019 approving the contract for copiers with Toshiba by piggybacking on the Region 4 Education Service Center (now part of OMNIA) available contract; and WHEREAS, City departments require ongoing copying, printing, and scanning services, and have departmental budgets for those; and
WHEREAS, the pandemic led to dramatic increase in scanning and electronic storage needs; and
WHEREAS, Toshiba continues to attest to compliance with the City’s social responsibility requirements; and
WHEREAS, the benefits of continuing with Toshiba outweigh administering a City of Berkeley RFP at this time.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to amend and extend the contract with Toshiba as required to continue to meet the copier/printer/scanner needs of City departments; the contract value is now not-to-exceed $1,750,000 through FY 2025.

Internal
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 26, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Henry Oyekanmi, Director, Finance
Subject: Contract No. 32400009 Amendment: Stella Courier for Satellite Mail Services/Mail Room Coverage

RECOMMENDATION
Adopt a Resolution approving an additional $50,000 to Contract 32400009 with Stella Courier, and authorizing the City Manager to amend the contract accordingly.

FISCAL IMPACTS OF RECOMMENDATION
An additional $50,000 is required to complete the current contract year due to personnel issues which required Stella Courier to cover the mail room on a full-time basis from November 2023 through, and including, January 2024. The need for this long-term full- time coverage was not anticipated when competing for this work, or when drafting and approving the contract.

CURRENT SITUATION AND ITS EFFECTS
The original Stella Courier contract was approved in the amount of $216,000, which was intended to provide funding for three (3) years. The unexpected leave by staff caused the City to utilize Stella Courier full-time in the mail room through January 2024, with occasional extra coverage now expected through the end of Fiscal Year 2024.

A spend breakdown is listed in the table below:

Initial Contract Amount $ 216,000
Additional funds required for first contract year $ 50,000 Total Contract not-to-exceed $ 266,000

BACKGROUND
The City administered Request for Proposals number 23-11658-C in spring 2023 and awarded the contract to Stella Courier for providing daily services to the satellite locations, as well as, back-up coverage as needed for the mail room. City Council approved the contract award for Stella Courier in 2023. The contract commenced July 1, 2023.

Internal
Amendment of Pride Industries Citywide Contract for Janitorial Services CONSENT CALENDAR March 26, 2024

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Stella Courier supports the City’s environmental requirements and uses only bicycles to execute the courier services and mail pick-up/drop-off while performing the scope of services in this contract.

RATIONALE FOR RECOMMENDATION
Stella was awarded this contract resulting from RFP 23-11568-C. The sudden need for full-time mail room coverage was not expected, and Stella Courier was able to step up and perform the work when called upon because they have the knowledge, expertise, specific training, and City security clearance required to perform the work.

ALTERNATIVE ACTIONS CONSIDERED
There was no other feasible action. Stella staff were already trained in City mail room operations. Hiring a temp worker would have required training, background check, etc., and Stella was already positioned to step in and perform the work, as they were doing so on an as-needed basis at the time city staff went on leave.

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

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

AMENDMENT AND EXTENSION OF STELLA COURIER CONTRACT 32400009 WHEREAS, City Council approved Resolution 70,844-N.S. on May 23, 2023 approving the contract for courier and mail room services with Stella Courier, as a result of Request for Proposals #23-11658-C; and
WHEREAS, City departments required ongoing mail services without any break in services from November 2023 through January 2024; and
WHEREAS, the urgent need for full-time mail room coverage was unexpected, and ongoing need now differs from original planning; and
WHEREAS, Stella Courier continues to support and comply with the City’s social responsibility and environmental requirements by using only bicycles to peform the work; and
WHEREAS, the benefits of utilizing Stella Courier for their expertise and training outweighed sourcing temporary staff.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to amend the contract with Stella Courier to add $50,000 as required for the first contract year, increasing the Not-to-Exceed amount to $266,000.

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

CONSENT CALENDAR
March 26, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: David Sprague, Fire Chief
Subject: Contract: Marina Landscape for Wildfire Safe Model Garden Construction at Firehouse #4

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or their designee to award a contract and execute any amendments, extensions, or change orders with Marina Landscape in an amount not-to-exceed $275,000 over a two-year period, to provide landscaping, irrigation installation, grading, and the removal of previous vegetation around Berkeley Firehouse #4.

FISCAL IMPACTS OF RECOMMENDATION
Funding for this contract exists within the Fire Department’s FY 2024 General Fund budget.

CURRENT SITUATION AND ITS EFFECTS
On September 20, 2023, the City of Berkeley released a Request for Proposals (RFP) Specification Number 24-11622-C for Berkeley Fire Station Landscape Project.

The City received valid proposals from three respondents for this solicitation which were opened on October 26th, 2023. Staff assessed the proposals according to the selection criteria in the RFP, including project standing and approach, client references, qualifications and experience, scope of work, and price proposal. Based on a thorough review, including interviews and reference checks, staff recommends awarding a contract to Marina Landscape.

BACKGROUND
Creating and maintaining Defensible Space around homes in Very High Fire Danger Severity Zones is one of the most influential factors in how rapidly a wildfire spreads through a community in a Wildland Urban Interface. Defensible space acts as a buffer around structures from wildfire and embers. They are intentionally planned areas that reduce the danger of ignition during a wildfire and allow firefighters a better chance of protecting a home. Zone 0 (0-5 feet from a structure) has been scientifically proven to

Contract: Marina Landscape for Wildfire Safe
Model Garden Construction at Firehouse #4 CONSENT CALENDAR March 26, 2024

be the most critical area reduce and remove combustibles from to improve the survivability of a structure during wildfire.

There are very few properties in Berkeley that have implemented model Defensible Space practices, and almost none that have implemented Zone 0 standards. This is because the State Board of Forestry has yet to adopt Zone 0 into the State’s Fire Code and there is a lack of landscape architects and contractors that have experience with this type of design in the immediate area.

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

RATIONALE FOR RECOMMENDATION
The project was identified as an action item in the City’s Community Wildfire Protection Plan (CWPP) and will provide residents examples of fire safe landscaping practices that are compliant with the Fire Code and best practices, including Zone 0. This project represents one of the ways that the City can help residents see and experience some examples of what right looks like.

ALTERNATIVE ACTIONS CONSIDERED
None

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

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

CONTRACT: MARINA LANDSCAPE
WHEREAS, creating and maintaining Defensible Space around homes in Very High Fire Danger Severity Zones is one of the most influential factors in how rapidly a wildfire spreads through a community in a Wildland Urban Interface, and WHEREAS, Defensible space acts as a buffer around structures from wildfire and embers. They are intentionally planned areas that reduce the danger of ignition during a wildfire and allow firefighters a better chance of protecting a home. Zone 0 (0-5 feet from a structure) has been scientifically proven to be the most critical area reduce and remove combustibles from to improve the survivability of a structure during wildfire, and WHEREAS, there are very few properties in Berkeley that have implemented model Defensible Space practices, and almost none that have implemented Zone 0 standards, and
WHEREAS, the project was identified as an action item in the City’s Community Wildfire Protection Plan (CWPP) and will provide residents examples of fire safe landscaping practices that are compliant with the Fire Code and best practices, including Zone 0, and
WHEREAS, Specification Number 24-11622-C for Berkeley Fire Station Landscape Project was released on September 20, 2023 and the City received valid proposals from three respondents for this solicitation which were opened on October 26th, 2023, and WHEREAS, staff assessed the proposals according to the selection criteria in the RFP, including project standing and approach, client references, qualifications and experience, scope of work, and price proposal. Based on a thorough review, including interviews and reference checks, staff recommends awarding a contract to Marina Landscape.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or their designee is authorized to award a contract and execute any amendments, extensions, or change orders with Marina Landscape in an amount not- to-exceed $275,000 over a two-year period, to provide landscaping, irrigation installation, grading, and the removal of previous vegetation around Berkeley Firehouse #4.

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 26, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Margot Ernst, Interim Deputy Director, Health, Housing, and Community Services
Subject: Contract No. 32400033 Amendment: Strategic Economics for Affordable Housing Requirements Economic Feasibility Analysis

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract no. 32400033 with Strategic Economics, increasing the contract amount by $50,000 for contract services in a total amount not to exceed $200,000, with a contract end date of January 15, 2025.

FISCAL IMPACTS OF RECOMMENDATION
The contract amount will be increased by $50,000. This funding was appropriated to the General Fund (Fund 011) in the Annual Appropriations Ordinance #1 on January 16, 2024 for the Prevailing Wage Requirements for Southside Feasibility Study.

CURRENT SITUATION AND ITS EFFECTS
The City has a contract with Strategic Economics and Street Level Advisors as a subcontractor to conduct economic feasibility analysis for the City’s Affordable Housing Requirements (AHR). The contract needs to be amended to accommodate Council’s November 14, 2023 referral to update the existing study taking prevailing wage into account.

BACKGROUND
The City Council adopted the revised AHR (Berkeley Municipal Code Chapter 23.328) for new housing development projects on February 28, 2023. The ordinance went into effect on April 1, 2023. The revisions transition the City’s affordable housing requirements from an affordable housing mitigation fee to an inclusionary housing requirement with an option to pay a fee in-lieu of the onsite provision of affordable housing. All in-lieu fees are deposited into the City’s Housing Trust Fund program. City Council directed staff to conduct an economic feasibility analysis of the new AHR and in-lieu fee.

Contract No. 32400033 Amendment: for Strategic Economics CONSENT CALENDAR March 26, 2024

On November 14, 2023, the City Council adopted amendments to Berkeley Municipal Code Title 23 (Zoning Ordinance), the Zoning Map, General Plan Land Use Diagram, and the General Plan relating to the Southside Zoning Implementation Program of the 2023-2031 Housing Element Update. The adopted action included a referral to the City Manager to analyze prevailing wage requirements. Council assigned a one-time allocation of General Fund to complete the analysis. The City Manager directed staff to incorporate this referral into the ongoing feasibility analysis.

This referral requires an amendment to the adopted Scope of Work and budget. The current contract with Strategic Economics and Street Level Advisors expires on July 15, 2024. Staff request an extension of the current contract to January 15, 2025.

Strategic Economics and Street Level Advisors entered into the current contract with the City on July 12, 2023.

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 zoning amendment’s required prevailing wage analysis should be considered in the context of the City’s ongoing work to analyze the AHR’s economic impacts on the housing market. The analysis resulting from this contract will inform the City Council in light of evolving market conditions.

ALTERNATIVE ACTIONS CONSIDERED
No alternatives were considered. Staff will not be able to adequately conduct the analysis of prevailing wage requirements required by the zoning amendment if the contract with Strategic Economics and Street Level Advisors is not amended. Strategic Economics and Street Level Advisors are already very familiar with the City’s regulatory requirements and will be able to proceed more quickly and efficiently than another vendor.

CONTACT PERSON
Mariela Herrick, Community Development Project Coordinator, HHCS,510-981-5424 Attachments:
1: Resolution

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

CONTRACT: STRATEGIC ECONOMICS FOR AFFORDABLE HOUSING

REQUIREMENTS ECONOMIC FEASIBILITY ANALYSIS
WHEREAS, the City of Berkeley adopted revised Affordable Housing Requirements (Berkeley Municipal Code Chapter 23.328) for new housing development projects on February 28, 2023; and
WHEREAS, on July 11, 2023, the Health, Housing and Community Services Department entered into a contract with Strategic Economics (contract # 32400033) to conduct an Economic Feasibility Analysis of the Affordable Housing Requirements for the Department of Health, Housing, and Community Services (HHCS); and WHEREAS, due to the City Council adopted amendments to Berkeley Municipal Code Title 23 (Zoning Ordinance), the Zoning Map, General Plan Land Use Diagram, and the General Plan relating to the Southside Zoning Implementation Program of the 2023-2031 Housing Element requires an additional analysis into the ongoing Affordable Housing Requirements in-lieu fee feasibility analysis; and
WHEREAS, the Mayor recommended a one-time allocation of $50,000 from the General Fund to complete this analysis; and
WHEREAS, the one-time allocation will be included in the FY24 Annual Appropriations Ordinance #2 (AAO2; and
WHEREAS, the City Manager directed staff to incorporate this analysis into the ongoing AHR in-lieu fee feasibility analysis; and
WHEREAS, Strategic Economics continue to provide critical support to the AHR in-lieu fee feasibility analysis;
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is authorized to amend Contract No. 32400033 with Strategic Economics for personal services to add up to $50,000 for a total not to exceed $200,000, and extend the contract to January 15, 2025.

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

CONSENT CALENDAR
March 26, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Margot Ernst, Interim Deputy Director, Health, Housing, and Community Services
Subject: Contract No. 31900225 Amendment: LifeLong Medical Care to fund No Place Like Home (NPLH) supportive services at Maudelle Miller Shirek

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 31900225 with LifeLong Medical Care (LLMC) to add $15,300 to provide No Place Like Home (NPLH) tenancy sustaining services at Maudelle Miller Shirek for a total contract amount not to exceed $2,873,947.

FISCAL IMPACTS OF RECOMMENDATION
On June 27, 2023, City Council allocated funding for supportive services to support new NPLH units in Berkeley, which included funding for this project. The FY24 amount, $15,300, is prorated at 25% to cover services needed from April-June 2024. The annual amount, $61,200, will be included in the FY25 Measure P, Fund 011, Program Code-5002, staff recommendations.

CURRENT SITUATION AND ITS EFFECTS
The Maudelle Miller Shirek Community Project is nearly complete and the lease up process is expected to start in April. Resources for Community Development has identified LLMC to provide the NPLH tenancy sustaining services at this location.

Tenants for the NPLH units will be selected through the Countywide Coordinated Entry System (CES), which will prioritize people who are homeless and have a qualifying mental health disability. LifeLong Medical Care will provide a range of supportive services which may include the following depending on tenant needs: case management; clinical mental health services, such as assessment, crisis counseling, individual and group therapy; referrals to substance use services, such as treatment, relapse prevention, and peer support groups; support in linking to physical health care, including access to routine and preventive health and dental care, medication management, and wellness services; and basic housing retention skills (such as unit maintenance and upkeep, cooking, laundry, and money management).

LifeLong Medical Care Contract Amendment No. 31900225 CONSENT CALENDAR to fund No Place Like Home (NPLH) supportive services at Maudelle Miller Shirek March 26, 2024

BACKGROUND
On December 10, 2019, Council adopted Resolution No. 69,212-N.S. authorizing the City Manager to submit a joint application for Maudelle Miller Shirek Community Project to access State of California No Place Like Home Program funds. The No Place Like Home program provides capital and operating funds to permanent supportive housing projects that serve formerly homeless individuals with mental health disabilities. The joint application required the City to provide or pay for mental health services to tenants of the twelve NPLH units. Berkeley Mental Health provides mental health services to qualifying people with serious mental illness who reside in Berkeley. However, some tenants in NPLH units are expected not to meet BMH criteria for services. To meet the State’s requirement, City Council allocated Measure P funds to cover services provided by a community agency.

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
Resources for Community Development selected LLMC as its preferred on-site provider. LifeLong Medical Care is RCD’s preferred provider because of its long- standing partnership, its experience in providing high quality supportive services in a supportive housing setting to tenants who are formerly homeless or have been identified as chronically homeless, and its designation as a Federally Qualified Health Center (FQHC) which enables it to leverage other LLMC services including primary medical care, mental health clinical services, and dental health services.

Lifelong Medical Care has been providing services at eight RCD properties including two permanent supportive housing projects in Berkeley. They have experience collaborating with RCD’s onsite property management team and RCD’s Associate Director of Resident Services, who provides oversight of all of RCD’s buildings. These reasons distinguish LLMC from other services providers in the area.

In addition, the City currently funds LLMC to provide support services at two permanent supportive housing projects in Berkeley and is supportive of RCD’s selection of LLMC to provide services at this location.

ALTERNATIVE ACTIONS CONSIDERED
The City could release a Request for Proposals for supportive services at this location.

However, given RCD’s selection of LLMC based on its experience with LLMC for more than a decade and LLMC’s unique position as a Federally Qualified Health Center (FQHC) and its ability to leverage additional health related services, the City recommends funding LLMC as the supportive services provider at this location.

LifeLong Medical Care Contract Amendment No. 31900225 CONSENT CALENDAR to fund No Place Like Home (NPLH) supportive services at Maudelle Miller Shirek March 26, 2024

CONTACT PERSON
Jennifer Vasquez, Homeless Services Program Manager, HHCS, 510-981-5431 Attachment:
1: Resolution

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

CONTRACT NO. 31900225 AMENDMENT: LIFELONG MEDICAL CARE WHEREAS, the City of Berkeley (City) awarded a total of $17 million in predevelopment and development funding to Resources for Community Development (RCD) to support for the development of Maudelle Miller Shirek Community at 2001 Ashby Avenue (contract numbers 32000049 and 32200134) as authorized by Resolution No. 68,824- N.S. (adopted on April 23, 2019), Resolution No. 69,163-N.S. (adopted on October 29, 2019), and Resolution No. 69,231-N.S. (adopted on December 10, 2019); and WHEREAS, City Council authorized a joint application with RCD for the State of California’s No Place Like Home (NPLH) program on December 10, 2019 with Resolution No. 69,212-N.S.; and,
WHEREAS, the City of Berkeley and RCD submitted a joint NPLH application for Maudelle Miller Shirek Community on January 8, 2020 and were awarded funding on June 26, 2020; and
WHEREAS, the joint NPLH application required that the City will make mental health supportive services available to each project’s NPLH tenants for at least 20 years; WHEREAS, the Maudelle Miller Shirek Community will include 12 NPLH units and is expected to begin the lease up process in April 2024; and WHEREAS, Resources for Community Development (RCD) has selected LifeLong Medical Care (LLMC) as its preferred provider to provide services to NPLH tenants based on its 14-year partnership and experience with LLMC providing high quality supportive services.

NOW THEREFORE, BE IT RESOLVED that the City Manager or her designee is hereby authorized to execute an amendment for Contract No. 31900225, with LifeLong Medical to add $15,300 for a total contract not to exceed amount of $2,873,947 for the purpose of providing NPLH supportive services at Maudelle Miller Shirek Community Project; and BE IF FURTHER RESOLVED that a payment of $15,300 will be advanced to cover staffing costs that will be accrued while executing the amendment; and BE IT FURHTER RESOLVED that a record signature copy of said contract and any amendments to be on file in the City Clerk Department.

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

CONSENT CALENDAR
March 26, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Margot Ernst, Interim Deputy Director, Health, Housing and Community Services
Subject: Contract Amendment: The Labor Compliance Managers for Labor Standards Enforcement Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to the Contract with The Labor Compliance Managers increasing the contract by $50,000 for consulting services for a total amount not to exceed $100,000.

FISCAL IMPACTS OF RECOMMENDATION
The total not-to-exceed amount of this contract will be $100,000. Resources for the contract will be provided from General Fund, #011 allocated to the Department of Health, Housing, and Community Services’ Housing and Community Services Division (HHCS/HCS), which is currently available in the Fiscal Year 2024 Budget.

CURRENT SITUATION AND ITS EFFECTS
The City has a contract with The Labor Compliance Managers to support in the implementation of the Berkeley Fair Workweek Ordinance. These services include creating educational and outreach materials for employees whose rights have expanded under the Fair Workweek Ordinance, developing accounting tools to help City staff calculate “predictability pay” owed by employers who have violated the ordinance, and supporting City staff in the enforcement of the ordinance. The current contract with The Labor Compliance Managers is not to exceed $50,000.

HHCS/HCS currently has insufficient staffing to enforce the City’s current labor standards portfolio due to two career staff members who are out on long term leave through June, 2024. To ensure that the City’s labor standards enforcement activities continue, staff is requesting an increase in the NTE amount to $100,000 with an expanded scope that will include enforcement of the City’s Minimum Wage, Living Wage, Paid Sick Leave, and Berkeley Family Friendly and Environment Friendly ordinances.

Labor Standards Contract Amendment – The Labor Compliance Managers CONSENT CALENDAR March 26, 2024

Enforcement of the local labor standards supports the Strategic Plan Priority Project of advancing our goal to champion and demonstrate social and racial equity.

BACKGROUND
The term of City’s original contract with The Labor Compliance Managers began on February 12, 2024 to provide consultant services related to the implementation of the Fair Workweek Ordinance. The scope of the original contract includes education and outreach to impacted Berkeley employees, the development of enforcement guidelines and accounting tools, and the processing of initial employee complaints of violations of the Fair Workweek Ordinance.

Due to an increased need for support, staff are requesting to expand the contract to include more labor standards enforcement work after the initial phases of employee education and the development of guidelines and procedures.

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
In recent years, the City has adopted more rigorous labor standards requirements that involve an increased amount of enforcement work. The work required currently exceeds HHCS/HCS’ current capacity as multiple labor standards enforcement staff members are on medical leave.

ALTERNATIVE ACTIONS CONSIDERED
If the Department is unable to amend and extend the contract with The Labor Compliance Managers, staff will not be able to adequately respond to initial employee complaints regarding violations of the Fair Workweek Ordinance.

CONTACT PERSON
Margot Ernst, HCS Manager, HHCS, 510-981-5427
Attachments:
1: Resolution

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

CONTRACT AMENDMENT: PERSONAL SERVICES CONTRACT WITH THE LABOR

COMPLIANCE MANAGERS
WHEREAS, on January 17, 2023 the City Council adopted a second reading of Ordinance No. 7,851-N.S. amending the FY 2023 Annual Appropriations Ordinance No. 7,828-N.S. for fiscal year 2023 based upon recommended re-appropriation of committed FY 2022 funding and other adjustments authorized since July 1, 2022, in the amount of $178,289,951 (gross) and $172,028,412 (net); and
WHEREAS, Ordinance No. 7,851-N.S. provides the Department of Health, Housing and Community Services’ Housing and Community Services Division (HHCS/HCS) with $50,000 from General Fund, #011 for the implementation of the Fair Workweek Ordinance; and
WHEREAS, The Health, Housing and Community Services Department entered into a contract with The Labor Compliance Managers to provide outreach and education, develop guidelines and procedures, and carry out initial enforcement of the Fair Workweek Ordinance; and
WHEREAS, The Labor Compliance Managers will provide critical support to labor standards enforcement staff in the enforcement of the Fair Workweek Ordinance.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to amend the contract with The Labor Compliance Managers for personal services not to exceed amount of up to $100,000.

BE IT FURTHER RESOLVED that the City Manager, or her designee, is hereby authorized to execute all original or amended documents or agreements to effectuate this action; a signed copy of said documents, agreements and any amendments will be kept on file in the Office of City Clerk.

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

CONSENT CALENDAR
March 26, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Tanya Bustamante, Interim Deputy Director, Health, Housing, and Community Services
Subject: Contract for Health Officer Coverage

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her designee to execute a contract with Dr. Gail Newel for Health Officer services during periods when the City Health Officer is out of the office for the period May 1, 2024 through May 1, 2025 in an amount not to exceed $30,000.

FISCAL IMPACTS OF RECOMMENDATION
Costs for Health Officer coverage will be paid for by the Future of Public Health grant (Fund 302). Payment will be $50 per hour/$1,200 per day for approximately 25 days per year. Annual costs are not to exceed $30,000.

CURRENT SITUATION AND ITS EFFECTS
The City of Berkeley receives funding from the California Department of Public Health through the Future of Public Health grant. The funding requires each local health jurisdiction to have Health Officer on-call coverage at all times. The City of Berkeley currently has no plan for coverage when the City Health Officer is out of the office.

BACKGROUND
Most public health jurisdictions have on-call Health Officer coverage to address urgent communicable disease and other public health issues. Additionally, this coverage is required by the Future of Public Health grant. Dr. Newel is an experienced Health Officer who served in Santa Cruz and San Benito counties. The City Council is asked to approve Health Officer coverage, as Council also approves appointment of an Interim or Permanent Health Officer.

Health Officer Coverage CONSENT CALENDAR
March 26, 2024

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
Health Officer coverage is required by the Future of Public Health grant, and may be needed if urgent public health issues arise.

ALTERNATIVE ACTIONS CONSIDERED
The City could continue to have periodic gaps in Health Officer coverage when the Health Officer is unavailable.

CONTACT PERSON
Anju Goel, MD, MPH, Health Officer, HHCS, 510-981-5292
Attachment:

1. Resolution

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

CONTRACT: DR. GAIL NEWEL FOR HEALTH OFFICER SERVICES DURING

PERIODS WHEN THE CITY HEALTH OFFICER IS OUT OF OFFICE
WHEREAS, most public health jurisdictions have on-call Health Officer coverage to address urgent communicable disease and other public health issues; and WHEREAS, the City of Berkeley receives funding from the California Department of Public Health through the Future of Public Health grant, which requires each local health jurisdiction to have Health Officer coverage at all times; and WHEREAS, Dr. Newel is an experienced Health Officer who has served in Santa Cruz and San Benito counties, and who is willing to provide coverage for the City of Berkeley; and
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley to adopt a Resolution authorizing the City Manager or her designee to execute a contract and any amendments with Dr. Gail Newel from May 1, 2024 to May 1, 2025 in an amount not to exceed $30,000.00.

Office of the City Manager

CONSENT CALENDAR
March 26, 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: Appointment of Director of Public Works

RECOMMENDATION
Adopt a Resolution confirming the appointment of Terrance Davis as the Director of Public Works to be effective April 15, 2024 at an annual salary of $260,000.

FISCAL IMPACT
The salary and benefits for the Director of Public Works are included in the departmental budget, and the proposed salary for Mr. Davis is within the salary range designated for the classification.

CURRENT SITUATION AND ITS EFFECTS
In accordance with City Charter Article VII, Section 28(b), the City Manager is submitting her selection for the Director of Public Works to the City Council for confirmation.

Terrance Davis has over 20 years of local government management experience, including serving as a Public Works Director, with oversight of capital projects, water/sewer utilities, transportation, and real property. He has extensive familiarity with policy and budget development, and legislative affairs.

Mr. Davis currently serves as Assistant City Manager, and was previously Public Works Director, for the City of Vallejo, where he has been employed since 2017. In his capacity as Public Works Director, he was responsible for managing 74 employees working in the realms of engineering, street maintenance, transportation, traffic signals, real estate, landscape districts, 600-slip municipal marina, facilities, and fleet procurement and maintenance.

Previously, he was the Integrated Waste General Manager / Sustainability Manager for the City of Sacramento from 2014-2017; Assistant City Manager with the City of

Appointment of Director of Public Works Consent Calendar March 26, 2024
Compton (2012-2013); and has held various management positions within Public Works in the City of Sacramento (2002-2012).

The holder of a Bachelor of Arts degree in American Ethnic Studies from the University of Washington in Seattle and a Master’s in Business Administration from the City University of Seattle, Mr. Davis is a member of the American Public Works Association and the International City/County Management Association.

BACKGROUND
The City retained the executive search firm of Peckham & McKinney in the effort to fill this key vacancy. Peckham & McKinney initiated a broad-ranged search that involved placement of ads with leading industry organizations, including American Public Works Association, American Society of Civil Engineers, California Municipal Utilities Association, and Women in Government, among many others; leveraged social media outlets; and conducted personal outreach through candidate databases and contact with potential candidates in surrounding jurisdictions.

The search yielded 48 applicants, and after initial rounds of screening the pool was narrowed to eight candidates, who were screened for qualifications that ranged from operational experience and technical skills, to collaborative leadership, strategic thinking, communication and management style, responsiveness, public engagement, and transparency.

Five candidates then interviewed with three panels: (1) an internal City panel; (2) a community panel; and (3) a panel of subject matter experts. Mr. Davis subsequently underwent another round of interviews with the City Manager and the Deputy City Managers.

Upon his selection, Mr. Davis met with the Mayor and Council in closed session.

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

RATIONAL FOR RECOMMENDATION
The Public Works Department has a budget of approximately $189 million and nearly 350 full-time-equivalent employees, and is responsible for maintaining and improving the City’s physical assets and infrastructure in a safe and serviceable condition. The Department provides services ranging from property management to equipment maintenance and solid waste collection and disposal.

With more than 20 years of municipal experience, Mr. Davis possesses knowledge and skills in every realm of Public Works, from engineering and transportation to facilities, fleets, and zero waste; moreover, his experience as a City administrator affords him deep familiarity with legislative and budget processes. He espouses a communicative and collaborative style of management and brings an innovative, forward-thinking, and solution-oriented approach to public works.

Appointment of Director of Public Works Consent Calendar March 26, 2024

ALTERNATIVE ACTIONS CONSIDERED
None.

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

ATTACHMENTS
Resolution

Appointment of Director of Public Works Consent Calendar March 26, 2024
RESOLUTION NO. xxxxx - N.S.

APPOINTMENT OF DIRECTOR OF PUBLIC WORKS
WHEREAS, the Public Works Department has a budget of approximately $189 million and nearly 350 full-time-equivalent employees, and is responsible for maintaining and improving the City’s physical assets and infrastructure in a safe and serviceable condition. The Department provides services ranging from property management to equipment maintenance and solid waste collection and disposal.

WHEREAS, the City Manager has selected Terrance Davis for appointment as Director of Public Works,
WHEREAS, Mr. Davis has over 20 years of local government management experience, including as Public Works Director, and oversight of capital projects, water/sewer utilities, transportation, and real property, and he has extensive familiarity with policy and budget development, and legislative affairs;
WHEREAS, Mr. Davis currently serves as Assistant City Manager and was previously Public Works Director for the City of Vallejo – where he has been employed since 2017 – and in his capacity as Public Works Director was responsible for managing 74 employees working in the realms of engineering, street maintenance, transportation, traffic signals, real estate, landscape districts, 600-slip municipal marina, facilities, and fleet procurement and maintenance;
WHEREAS, Mr. Davis was the Integrated Waste General Manager / Sustainability Manager for the City of Sacramento from 2014-2017; Assistant City Manager with the City of Compton (2012-2013); and held various management positions within Public Works in the City of Sacramento (2002-2012);
WHEREAS, Mr. Davis is the holder of a Bachelor of Arts degree in American Ethnic Studies from the University of Washington in Seattle and a Master’s in Business Administration from the City University of Seattle, and is a member of the American Public Works Association and the International City/County Management Association.

WHEREAS, with more than 20 years of municipal experience, Mr. Davis possesses knowledge and skills in every realm of Public Works, from engineering and transportation to facilities, fleets, and zero waste; and espouses a communicative and collaborative style of management and brings an innovative, forward-thinking, and solution-oriented approach to public works.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that it hereby confirms the City Manager’s appointment of Terrance Davis as the Director of Public Works with an annual salary of $260,000 on the same terms and conditions as other regular at-will employees effective April 15, 2024.

Internal
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 26, 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: Memorandum of Understanding: Berkeley Chief Fire Officers Association

RECOMMENDATION
Adopt a Resolution 1) approving a successor Memorandum of Understanding (MOU) with the Berkeley Chief Fire Officers Association (BCFOA) for a three-year term from July 1, 2023 through June 30, 2026 and authorizing the City Manager to execute and implement the terms and conditions of employment set forth in the new MOU and to make non-substantive edits to the format and language of the MOU in alignment with the tentative agreement, and conforming to legal requirements; and 2) approving a new Classification and Salary table for BCFOA classifications (Representation Unit A) that implements the salary adjustments reflected in the new MOU and supersedes prior salary resolutions.

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

FISCAL IMPACTS OF RECOMMENDATION
The cost for the new MOU is approximately $70,264 in the first year, $197,487 in the second year, and $387,673 in the third year. The new Standby Pay structure has an approximate annual cost of $138,000.

Savings to the City from modifications to retiree health benefits will vary depending on staffing levels and longevity rates. However, the modified retiree health structure – in tandem with revisions to the retiree health plan for the Berkeley Fire Fighters Association – will reduce the City’s unfunded other post-employment benefits (OPEB) liability by an estimated $5.32 million, according to a recent actuarial study.

CURRENT SITUATION AND ITS EFFECTS
With the sole exception of standby pay for Duty Chief assignments, all notable changes in the 2023-2026 MOU are consistent with the agreement the City reached with the Berkeley Fire Fighters Association:

Internal
Memorandum of Understanding: Berkeley Chief Fire Officers Association CONSENT CALENDAR March 26, 2024

(1) COLA Increases: The terms of the new MOU provide for a 3% wage increase effective the start of the first full pay period after Council adoption; a 3% wage increase effective July 7, 2024; and a 3% wage increase effective July 6, 2025 for a cumulative wage increase of 9% through the end of the contract. (2) Certification Differentials: The City will incentivize a trio of certifications with a 2% differential for each: Incident Command Systems (ICS) 200 (upon approval of the contract), Incident Command Systems 300 (beginning on 1/1/25), and Incident Command Systems 400 (beginning on 1/1/26).
(3) Longevity Pay: Effective the first full pay period after Council adoption, the MOU modifies the current longevity pay structure to provide 4% longevity pay beginning with the 12th, 15th, and 20th years of service for a maximum of 12%.

The modifications aim to keep the department competitive with other agencies and enhance retention.
(4) Retiree Health Benefits: Effective July 7, 2024, the retiree medical benefit identified in the current MOU will be frozen at rates in place as of July 1, 2024 for current members hired between June 5, 2006 to June 30, 2024. (Members hired prior to June 5, 2006 will not be affected by this modification.) Effective July 7, 2024, the City will contribute to the IAFF Retiree Medical Trust on behalf of each current member an individual amount (according to their date of hire), with the City’s contribution not to exceed a $350 per month contribution average across all members covered by this provision (with members themselves contributing $25 per month toward that amount). New employees hired on or after July 1, 2024 will contribute $75 per month into the IAFF RMT and after they complete five continuous years of service, the City will contribute an additional $225 per month into their individual RMT accounts.

These changes, in tandem with those effectuated for the Berkeley Fire Fighters Association, will account for future City savings that may be as high as $5.32 million in other post-employment benefits (OPEB), thus reducing the City’s long- term unfunded liabilities.
(5) Standby Pay for Duty Chief Assignments: Upon approval of the contract, standby pay for Duty Chief assignments will cease to be a percentage differential (currently 4.8% of base salary for Assistant Chiefs and 5.6% for Battalion Chiefs) and will become a flat rate of $20 per hour.

BACKGROUND
The City’s labor contract with the Union expired on June 30, 2023. In an effort to reach agreement on a successor MOU, representatives of the City and representatives of the Union commenced negotiations immediately following BFFA negotiations and reached a tentative agreement in early March 2024.

Internal
Memorandum of Understanding: Berkeley Chief Fire Officers Association CONSENT CALENDAR March 26, 2024

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

RATIONALE FOR RECOMMENDATION
The City’s labor contract with BCFOA expired on June 30, 2023, triggering the need to negotiate a successor agreement.

The recommended changes to the MOU address the need for COLA increases and modifications to longevity pay in order to keep the Berkeley Fire Department competitive in its recruitment and retention efforts.

ALTERNATIVE ACTIONS CONSIDERED
Various alternative proposals were considered by the Union and the City’s negotiation team before mutual agreement was reached on the proposed MOU.

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

Attachments:
1: Resolution: Memorandum of Understanding: Berkeley Chief Fire Officers Association Exhibit A: Memorandum of Understanding Between the City of Berkeley and Berkeley Chief Fire Officers Association, 2023-2026 (Revised Version) Exhibit B: Memorandum of Understanding Between the City of Berkeley and Berkeley Chief Fire Officers Association, 2023-2026 (Tracked Changes Version)

Internal

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

MEMORANDUM OF UNDERSTANDING: BERKELEY CHIEF FIRE OFFICERS

ASSOCIATION
WHEREAS, the City is obligated under the provisions of California Government Code Sections 3500-3500, commonly referred to as the Meyers-Milias-Brown Act, to meet and confer in good faith and attempt to reach agreement with representatives of recognized bargaining units on matters within the scope of representation including, but not limited to, wages, hours, and other terms and conditions of employment; and WHEREAS, the City’s labor contract with the Berkeley Chief Fire Officers Association expired as of June 30, 2023; and
WHEREAS, representatives of the City and the Berkeley Chief Fire Officers Association have met and conferred in good faith and have reached agreement on a new Memorandum of Understanding that incorporates all changes and modifications in wages, hours, and other terms and conditions of employment agreed to by the parties; NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is hereby authorized to execute the new Memorandum of Understanding for the period July 1, 2023 through June 30, 2026 with the Berkeley Chief Fire Officers Association, including changes in certain benefits on dates specified in the Memorandum of Understanding which is attached hereto, made a part hereof and marked Exhibit A, and to make non-substantive edits to the format and language of the MOU in alignment with the tentative agreement, and conforming to legal requirements; and
BE IT FURTHER RESOLVED that the Council of the City of Berkeley approves, and the City Manager is hereby authorized to effectuate, a new Classification and Salary table for BFFA Classifications (Representation Unit A) that implement the salary adjustments reflected in the new MOU and supersede prior salary resolutions; and BE IT FURTHER RESOLVED that a fully executed original of said contract is filed in the Office of the City Clerk.

Exhibits
A: Memorandum of Understanding Between the City of Berkeley and Berkeley Chief Fire Officers Association, 2023-2026 (Revised Version) B: Memorandum of Understanding Between the City of Berkeley and Berkeley Chief Fire Officers Association, 2023-2026 (Tracked Changes Version)

Agenda Item
Attachment

This attachment will be provided to the City Council and the public prior to the meeting (including posting to the city website) in accordance with the requirements for
revised and supplemental materials in the Open
Government Ordinance.

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

The City of Berkeley, City Council’s Web site:
http://berkeleyca.gov

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 26, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Scott Ferris, Director, Parks Recreation & Waterfront Subject: Contract No. 32400015 Amendment: California Consulting for on-call grant writing services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32400015 with California Consulting, Inc. for on-call grant writing services to increase the contract amount by $303,000 for a new not-to-exceed amount of $350,000 and extend the contract term to June 30, 2026.

FISCAL IMPACTS OF RECOMMENDATION
This on-call contract has spent almost 95% of the currently authorized not-to-exceed amount of $47,000. A contract amendment in the amount of $303,000 for this on-call contract will come from the following funding sources: Reimagining Public Safety General Fund allocation ($153,000), Fire Department Measure FF allocation ($100,000), and a Parks Tax allocation ($50,000).

CURRENT SITUATION AND ITS EFFECTS
On November 15, 2021, the Bipartisan Infrastructure Law (BIL) enacted the Infrastructure Investment and Jobs Act by congress, which set up a wide variety of competitive grant programs for public agencies. These grant programs will fund billions in infrastructure projects and public safety programs across the U.S. over the next several years. Examples of upcoming grant programs for the Reimagining Public Safety Initiative will include, but are not limited to Crisis Intervention programs, public safety equipment and technology, Diversity, Equity, and Inclusion programs, Gender and Domestic violence prevention programs, and Law Enforcement Mental Health and Wellness Act (LEMHWA) programs; examples of upcoming grant programs for the Berkeley Fire Department will include, but are not limited to fire prevention and safety FEMA grants, community wildfire prevention and mitigation projects, and urban and community forestry management grants; and examples of upcoming Parks infrastructure projects will include, but are not limited to hazardous soil remediation projects, parks improvement projects, and sea-level rise adaptation and habitat projects. Several City departments have a need for grant writing services to compete for these funding programs. A contract amendment with California Consulting, Inc.