Berkeley City Council
July 23, 2024

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

RATIONALE FOR RECOMMENDATION
It is required by law and policy that an annual report on military equipment be submitted to the City Council.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Jennifer Louis, Chief of Police, (510) 981-5700
Mike Durbin, Investigations Division, (510) 981-5810
Peter Lee, Provisional Lieutenant Patrol Division, (510) 981-5801

Attachments:
1: Annual Military Equipment Report
2: Resolution

Berkeley Police Department
2023 Annual Military Equipment Report

CONTENTS
Our Mission, Vision, and Values…………………………………………………………… Page 1 Background…………………………………………………………………………………. Page 2
Summary of Military Equipment Use………………………………………………………. Page 4 Military Equipment Use…………………………………………………………………….. Page 4 Fiscal Cost…………………………………………………………………………………... Page 10
Conclusion…………………………………....…………………………………………….. Page 16

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Berkeley Police Department
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Military Equipment Report
Our Mission, Vision and Values
Our Mission is to safeguard our diverse community through proactive law enforcement and problem solving, treating all people with dignity and respect.

The Berkeley Police Department Vision is:

We will be a team of leaders at every level. We will foster strong relationships with our community, inspiring trust through our service, building on our historic tradition of progressive policing, and dedicated to the safety of all. As members of this community, we will provide proactive law enforcement and problem solving, holding these as our core Values:
 Integrity: We are ethical, fair, and trustworthy in all we do.  Safety: We strive to keep our community and each other safe.  Respect: We will fulfill our duties with dignity, compassion, and empathy.  Diversity: We value the strength of a diverse workplace and community. We endeavor to reflect the community we service, promoting inclusion and fairness.  Professionalism: We are committed to organizational excellence through progressive training, positive attitude and superior performance.

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Berkeley Police Department
2023 Annual
Military Equipment Report

BACKGROUND
On September 30, 2021, Assembly Bill 481 was approved by California Governor Gavin Newsom, requiring law enforcement agencies to obtain approval of the applicable governing body (Mayor and City Council), by adoption of a military equipment use policy prior to funding, acquisition, or use of military equipment as defined in AB 481. This bill required the same approval process for the continued use of military equipment that law enforcement agencies already possessed. In accordance with the assembly bill, the Berkeley Police Department authored Policy 709, Military Equipment Policy, which was approved by the City Council on July 26, 2022.

Furthermore, Assembly Bill 481 requires law enforcement agencies to submit to the governing body an annual report for each type of military equipment. The Annual Report must contain the following information:
(1) A summary of how the military equipment was used and the purpose of its use. (2) A summary of any complaints or concerns received concerning the military equipment.
(3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. (5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

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Berkeley Police Department
2023 Annual
Military Equipment Report
Inventory of Military Equipment
The Berkeley Police Department does not possess any tactical equipment that was obtained from the military nor does the Berkeley Police Department receive surplus military equipment from any organization.

Below is a list and inventory of military equipment (as defined in Assembly Bill 481) that is possessed by the Berkeley Police Department. The list includes consumable military equipment, namely ammunition and diversionary devices. The inventory of consumable military equipment varies throughout the year due to training. While the Berkeley Police Department strives to be accurate in its reporting, the inventory of consumable equipment in this report are captured in a moment in time and are approximate.
 M4/Patrol Rifle (96)
o Associated .223 duty and training rounds (59,440)
 Remington 700 Precision Rifle (6)
o Associated .308 rounds (2,400)
 Barret Model 99 Precision Rifle (1)
o Associated .50 rounds (500)
 Penn Arms single 40MM launcher (20)
 Milkor LTL 40 MM multi-launcher (2)
o Associated 40mm rounds (637)
 FN 303 Launcher (8)
o Associated FN rounds (5,813)
o Associated FN Pava rounds (181)
 Chlorobenzylidene Malononitrile and Oleoresin capsicum/tear gas (300)  Light/sound Diversionary Device (110)
 Long Range Acoustic Device (LRAD) (2)
 Mobile Command Vehicle (1)
 ReconRobotics Recon Scout XT Robots (2)
 Andros Remotec HD-1 Hazardous Duty Robot (1)
An internal equipment audit was conducted to gather and confirm data for this report. Based on this audit, it was determined that there were no identified violations of equipment use, or any complaints concerning the above listed equipment.

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Berkeley Police Department
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Military Equipment Report
Summary of Military Equipment Usages
The variety of equipment provides the Berkeley Police Department with options that assist in critical incidents and bring dangerous situations to a safe resolution. While the Berkeley Police Department possess the above listed military equipment, officers de-escalated almost all the situations that might have otherwise warranted the use of it. The use of military equipment is governed by Berkeley Police Department Policies and local, state, and federal laws. The use of the military equipment is restricted to only officers who have been trained in the use of the specific equipment.

The Berkeley Police Department responded to 63,691 calls for service with 5,306 stops conducted in 2023. Five of the 5,306 stops resulted in the use of the Penn Arms 40MM launcher, also known as “less lethal.” These statistics illustrate the extremely rare instances (0.00094%) that less lethal munitions are used in relation to overall contacts.

Military Equipment Usages
M4/Patrol Rifle
The M4 patterned rifle/patrol rifle is intended as a means to safely stop a lethal threat. While a pistol is the firearm that all officers are minimally equipped with, the rifle is an ancillary firearm for situations where increased distance and accuracy are needed to safely resolve the situation.

The patrol rifle is used only in situations when a potential life-threatening situation exists. The following outlines the one incident where the patrol rifle was used:
1) Officers responded to an active shooter in another city. Witnesses reported multiple shots fired with an employee shot. Patrol rifle deployed as officers made entry into the business and contacted a suspect who was armed with a firearm. Officers shot the suspect and located the victim employee deceased.

Penn Arms 40MM & FN 303 Launcher
The purpose of the Penn Arms 40MM and FN 303 launcher is to preserve life, minimize the use of force and allow time for de-escalation. Less lethal projectiles allow the user to maintain a safe distance from a subject who is armed and/or demonstrates the intent to be violent. The ability to maintain a safe distance – while still providing a level of control over the subject – allows

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Military Equipment Report
officers to employ de-escalation techniques, request additional resources and develop a plan to safely resolve the situation with the least amount of risk.

The following are summaries of five incidents where the Penn Arms 40MM launcher was used.

In one of the five incidents, the FN303 launcher was used as well:
1) Officers responded to a disturbance call from a neighbor. Officers knew the subject they were to contact had felony warrants for his arrest for firearm violations. Additionally, officers had previously recovered a bulletproof vest during a visit to this apartment, and on another day the subject had barricaded himself in his apartment when officers attempted to contact him. On this night, Officers contacted the subject who shined a flashlight at an officer’s eyes, blinding the officer on purpose. The suspect had a power drill and refused multiple requests and orders for him to put the power drill down. Patrol rifle and 40MM launcher were deployed. A trained negotiator took over communication with the subject and utilized de-escalation techniques. The subject placed the power drill down but lifted his jacket to reveal a 7" fixed-blade dagger on his belt. The subject was agitated, verbally aggressive, and cursed at officers. He was also incoherent and rambled about telepathy. The subject needed to be detained before the situation became any more dangerous. Officers launched 40MM rounds at the subject. Other officers grabbed the subject before he could grab for the dagger. The subject was immediately provided medical attention. He was arrested for the warrants and for violating an elder abuse restraining order by being at that apartment.
2) A partially naked suspect under the influence of narcotics entered a restaurant that had a stay-away court order against him. The subject violated the stay-away court order when he walked in and then climbed into the ceiling. The employees called the police as the suspect climbed back down and started throwing things. 40mm launcher deployed as officers arrived on the scene. Officers tried to talk to him, but he was yelling nonsensically as he retreated into the kitchen area and armed himself with a fire extinguisher. Officers ordered the subject to drop the fire extinguisher, but he did not comply and started spraying the fire extinguisher at the officers. He raised the fire extinguisher while moving towards an officer as if to assault the officer with it. Another officer saw this and launched a 40MM launcher round at the suspect. The subject continued to threaten officers with the fire extinguisher. The officer launched another 40MM launcher round at the suspect who then ran upstairs and barricaded himself in the bathroom. Many attempts to de-escalate the subject through the locked bathroom door were made but to no avail. The subject continued to spray the fire extinguisher at officers from under the closed door. Ultimately, officers had to force entry into the bathroom and detain the subject who was in the process of hanging himself. He was admitted to the hospital and placed on a psychiatric evaluation hold. A criminal case was

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sent to the District Attorney's Office for review. An employee of the business was injured in this incident and the subject caused close to $20,000 in damages to the business. 3) The Berkley Fire Department reported a person who attempted to run into the fire station as the garage door was closing. This subject then fled from the fire station and onto the roof of a large warehouse. Officers arrived on the scene and saw the suspect on the roof. The suspect was running back and forth from one side of the roof to the other. The subject ripped cable wires from the roof and used them to climb into the warehouse where he started a fire.

Officers entered the warehouse to put the fire out as the suspect climbed back onto the roof.

The subject threw items from the roof at officers. Attempts to de-escalate and negotiate with the subject were not effective. Officers suspected the subject to be under the influence of narcotics. One officer launched two 40MM launcher rounds at the subject that caused him to run away from the officer to the parking lot where he was detained. The suspect was transported to the hospital by the fire department and later to jail for burglary, vandalism, arson, and probation violation.
4) A community member called the police and reported that his son was vandalizing their home. The son is known to officers as someone who uses narcotics and is extremely violent towards police officers. The father advised that his son had just left the residence and was vandalizing cars in front. 40MM launcher deployed as a group of officers approached the suspect and ordered him to the ground. Officers noted the suspect had vandalized a neighbor’s vehicle next to where he was standing. The suspect did not comply with the officer's orders and charged at a police vehicle. He jumped onto the hood of the police vehicle, smashed the windshield, and stomped on the light bar on the vehicle’s roof. While on top of the police vehicle, the suspect ripped out an antenna. While the suspect was stomping on the roof of the police vehicle, an officer launched a 40MM round at the suspect, but it missed. The suspect then sat on the roof of the police vehicle as officers attempted to talk to the suspect. Officers were able to safely pull the suspect off the roof of the vehicle and detain him. He was placed on a psychiatric evaluation hold and the criminal case was forwarded to the District Attorney's office for review. 5) A community member requested a Police officer conduct a welfare check on a subject who was banging his head against a van. When the officer arrived at the scene, a shirtless man ran up to the police vehicle with a large knife and stabbed at the police vehicle several times.

The officer sped away to gain distance from the subject. After gaining distance from the subject, the officer exited his police vehicle and employed de-escalation techniques. The subject refused the drop the knife and pointed the knife at the officer on several occasions in a threatening manner. More officers arrived to assist. Patrol Rifle, 40MM launcher, and FN 303 launchers were deployed. Officers continued to speak to the subject and attempted to de- escalate, but the man rambled about the FBI ruining his life and was yelling at officers. This was an extremely dangerous situation as the man refused to drop the knife. Officers launched 40MM and FN303 rounds at the man causing him to drop the knife. Officers immediately

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detained the man and medical attention was provided. He was placed on a psychiatric evaluation hold. The criminal case was forwarded to the District Attorney's Office.

Mobile Command Vehicle (MCV)
This vehicle is used as a mobile command post for any large-scale events or as a communications center in the event the communications center in the Public Safety Building is inoperable. Some examples of large-scale events include Solano Stroll, Juneteenth, 4th of July, Cal Berkeley football games, critical incidents or natural disasters. In 2023, the MCV was utilized as a command post during the Cal Berkeley football games that took place in Berkeley.

Below is list of the dates the Cal Berkeley football team played in Berkeley and when the MCV was used:

Sept. 9, 2023
Sept. 16, 2023
Sept. 30, 2023
Oct. 17, 2023
Oct. 28, 2023
Nov. 11, 2023
ReconRobotics Recon Scout XT Robots (Throw Bot)
The Recon Scout XT robot is intended to safely provide police officers valuable information during high-risk, rapidly evolving situations via real-time audio and video footage. It can be operated a distance away, creating space between the officer and potential danger, thus decreasing the likelihood of injury to those involved in the event, or even a violent encounter between police officers and a dangerous subject. This asset furthers our commitment to the sanctity of life by offering time and distance in critical incidents.

Andros Remotec HD-1 Hazardous Duty Robot
The Remotec HD-1 robot is used as a means to approach hazardous situations where a potentially lethal threat such as an explosive device exists. The Remotec HD-1 robot allows for the examination and manipulation of an object or potential explosive device without unnecessarily putting a bomb technician’s life at risk.

Light/Sound Diversionary Device
The use of a diversionary device is to create a reactionary gap of a person by temporarily disorienting them and enable arrest. This gap gives officers an opportunity to apprehend a suspect while using the minimal amount of force possible. They can also be used to safely

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Military Equipment Report
invoke a response or redirect the attention of subjects who are either feigning injury, ignoring police commands or are unresponsive while posing a threat to the public.

Long Range Acoustic Device (LRAD)
The LRADs are designed for clear long-range communication or communications with occupants and suspects during high-risk warrant services. The LRAD’s ability to communicate clearly over a long distance is far superior to any megaphone or Public Address (PA) system mounted to a police vehicle.

The following are the four high-risk search warrants in 2023 where the throw bot, LRAD, Andros Remotec HD-1 Hazardous Duty Robot, and diversionary device were utilized:
1) The Special Response Team conducted two search warrants at two residences in connection to a violent robbery of a Berkeley business where an elderly victim was pistol- whipped multiple times. A firearm and evidence were recovered during the service of these high-risk search warrants and several individuals were arrested. The LRAD and light/sound diversionary devices were used during the service of both warrants. 2) A victim called the police and reported being a victim of an armed robbery. The victim memorized the suspect's license plate and provided it to the police. This vehicle was involved in numerous other Berkeley crimes. Officers located the armed robbery suspect's vehicle and initiated a vehicle stop, but the vehicle failed to yield. A pursuit was initiated.

Officers lost sight of the vehicle on the freeway but located the vehicle at a residence outside of Berkeley. A high-risk search warrant was served by the Special Response Team at this residence. The throw bot, LRAD, and light/sound diversionary devices were used during the service of this warrant. Evidence was recovered from the search warrant and the suspect was apprehended at a later time.
3) Several robberies occurred outside of Berkeley where the suspects evaded CHP in a stolen vehicle. Police officers from another agency located the suspect vehicle parked in Berkeley and surveilled it and requested Berkeley Police for assistance. Berkeley officers successfully detained the violent suspects after they attempted to flee. Several officers were hurt during the detention and a firearm with an extended magazine was located in the stolen vehicle the suspects were in. Property from armed robbery victims were located in the stolen vehicle. One of the suspects detained had a warrant stemming from a Berkeley robbery. Further investigations connected these suspects and their associates to 16 different Bay Area criminal cases that included shootings, robberies, burglaries, and other crimes.

The suspects were arrested. At a later time, The Special Response Team served a high-risk search warrant on the suspects' residence in another city. The throw bot, Andros Remotec HD-1 Hazardous Duty Robot, LRAD, and light/sound diversionary devices were used during the service of this warrant. Two suspects were arrested for robbery and firearm

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violations. Evidence that included two handguns and two assault rifles was recovered from this search warrant.

Drone/Unmanned Aerial System (UAS)
The Berkeley Police Department does not possess any UAS, also commonly known as a drone, but requested mutual assistance for a drone in the below two incidents. Drones are used in limited situations to enhance the Department’s mission of protecting lives. The use of a drone below was governed by Berkeley Municipal Code 2.99.020. Both uses of drones were approved by the City Manager through the proper chain of command under the exigent circumstances exception.

It should be noted that reporting on the use of a drone in a mutual assistance capacity in Berkeley is the responsibility of the agency that provided the assistance. The Berkeley Police Department is not required to report on the mutual assistance drone usages to prevent double reporting, but to ensure transparency, below are details of the two incidents where a drone was utilized. The two incidents were also reported in the Berkeley Police Department’s Annual Surveillance Technology Report in November of 2023.
1) On 01/19/23, the Berkeley Police Department Special Response Team responded to Oakland to serve a search and arrest warrant at a property related to an armed robbery that occurred in Berkeley on 11/23/22. Four suspects were able to elude capture the day of the robbery and investigating detectives learned the suspects were in possession of an Ak-47 and another rifle in addition to the handguns used in the robbery. The UAV was requested to search the property in Oakland from overhead and search the property and residence for a suspect believed to be inside the residence with a gun. By sending the UAV in before officers, the risk of a lethal confrontation is significantly reduced. Subsequently the City Council was notified of the temporary use of surveillance technology in exigent circumstances.
2) On 03/07/23, two separate armed robberies via gun occurred within 30 minutes of each other in Berkeley. The suspect vehicle was spotted by BPD Officers, pursued and lost in the Richmond area. The investigation led to an address in the City of San Pablo where the suspect vehicle was found in the driveway with the license plates now removed. A search warrant was obtained for the address and a K-9 Unit was requested and approved to locate the suspect. The responding CCCSD K-9 Unit advised BPD that before they send the K-9 into a residence they first clear the house with a UAV. Realizing that CCCSD was going to utilize a UAV to assist in our investigation, BPD officers made a request to utilize the technology per the Surveillance Ordinance. Subsequently the City Council was notified of the temporary use of surveillance technology in exigent circumstances.

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Berkeley Police Department
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Military Equipment Report
Fiscal Cost
Funding for all training and ongoing cost in military equipment are sourced from the Berkeley Police Department’s existing budget. The only military equipment that was purchased in 2023 was consumable equipment that included .223 ammunition, .50 cal ammunition, 40MM launcher training ammunition, diversionary devices, and tear gas that are used in training. The projected military equipment acquisitions in 2024 will be for .223 and .308 ammunition.

The Berkeley Police Department conducts in-house training on all specialized equipment that the department possesses. This ensures officers are fully trained to utilize the tools in the department’s possession to safeguard our community. The cost of in-house training is staff time.

Some of the training on specialized equipment must be conducted externally. The fiscal cost on external training related to military equipment in 2024 included expenses from firearms armorer courses ($2,235.42), Special Response Team training ($4,100.64), bomb technician training (3,244.94), and less lethal instructor training ($325). Additionally, eight police recruits attended the police academy where they received Patrol Rifle training. The total cost of the police academy $16,424.55.

M4/Patrol Rifle
Rifle prices, like other firearms, will range depending on current market demand and availability. While M4 rifles purchased several years ago cost between $1,000 and $1,200 each, current rifles cost between $1,400 and $1,600. It should be expected that these prices will fluctuate and likely increase over time.

Ammunition costs fluctuate with the costs of components (brass, primers, gunpowder, and bullets) and supply/demand. Current costs for .223 Remington range from $0.50 to $0.75 a round for training ammunition (55 grain) and $1.25 to $1.50 a round for duty ammunition (62 grain). 130 cases of .223 ammunition were acquired in 2023 with a fiscal impact of $35,00.30. The projected acquisition of .223 ammunition in 2024 is approximately 50,000 rounds for training.

Every officer that is authorized to carry a rifle on duty must attend a minimum 16-hour CA POST approved rifle instruction course before being authorized to carry the rifle on duty. This course may be administered by Berkeley Police Firearm Instructors or by other POST approved agencies. Tuition for the CA POST approved class is dependent

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Military Equipment Report
on the hosting agency. If conducted in-house the cost only includes the officer’s hourly wage, range fee, and ammunition costs (all vary). Outside agencies charge between $25 to $500 depending on the range location and duration (some classes are 32-hours while POST only requires 16-hours.) Additionally, all officers who are issued a rifle receive specific 8-hour rifle training every two years by POST certified Berkeley Police Department Firearm Instructors.

Typical round count for such classes range between 800 rounds and 1200 rounds per student. Additionally, all officers issued a rifle receive specific 8-hour rifle training every two years by a BPD firearm instructor which constitutes an additional 500 or so rounds per officer.

Maintenance costs vary depending on use over time. Traditionally, various springs and pins need to be replaced every five years and may cost between $3 and $30 per rifle.

Other parts such as the barrel and bolt need to be replaced around ten years and range between $150 and $300 per rifle.

Penn Arms 40MM Single Launcher
Penn Arms 40MM single launchers purchased by the department cost $815.00 each.

Ongoing cost for Penn Arms single launcher should be based on the projectiles used in training and on duty. This will fluctuate based on department trainings, projectile availability and events that unfold in the city and surrounding region. In 2023, 2,000 40MM launcher training ammunition and training reload kits were purchased with a fiscal impact of $11,48.47.

Every officer authorized to deploy a less lethal launcher must pass a certification course administered by a Berkeley Police Department Firearms Instructor. The certification class consists of classroom, range qualification and scenario application if the venue allows.

This class is largely handled in house; thus, the cost only includes staff time, range fees, and projectile costs, which all vary.

Maintenance costs vary depending on use. Generally, various springs and pins need to be replaced every 5 years which can cost $3 to $30.

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Milkor LTL Multi-Launcher
Milkor LTL Multi-Launchers purchased by the department cost $3,950.00 each. The ongoing cost for the Milkor LTL launcher should be based on the projectiles used in training and on duty. This will fluctuate based on department trainings, projectile availability and events that unfold in the city and surrounding region.

Every officer authorized to deploy a less lethal launcher must pass a certification course administered by a Berkeley Police Firearm Instructor. The certification class consists of classroom, range qualification and scenario application if the venue allows. This class is largely handled in house; thus, the cost only includes the officer’s hourly wage, range fees, and projectile costs which all vary.

Maintenance costs vary depending on use. Generally, various springs and pins need to be replaced every 5 years which can cost $3 to $30.

FN 303 and FN Pava Impact Projectile
FN 303s purchased by the department cost $800.00 each. Ongoing cost associated with the FN303 launcher should be based on the projectiles used in training and on duty. This will fluctuate based on department trainings, projectile availability and events that unfold in the city and surrounding region.

Every officer authorized to deploy a less lethal launcher must pass a certification course administered by a Berkeley Police Firearm Instructor. The certification class consists of classroom, range qualification and scenario application if the venue allows. This class is largely handled in house; thus, the cost only includes the officer’s hourly wage, range fees, and projectile costs which all vary.

Maintenance costs vary depending on use. Generally, O-rings need to be replaced every 3,000 rounds and cost $30 per kit.

Chlorobenzylidene Malononitrile and Oleoresin Capsicum (“tear gas”) The cost for CS canisters ranges from $20.00 to $39.00 per unit. The cost for OC canisters ranges from $36.00 to $44.00 per unit. Training is conducted by a Police Officer Standard Training (POST) certified Berkeley Police chemical agent training officer. The cost of training is staff time. In 2023, 96 units of tear gas were purchased to replace expired ones and the remaining units that were set to expire in 2024.

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Remington 700 Rifle
The initial cost to purchase this rifle with its associated components is approximately $10,000 dollars each. Their average life span is 10-years at which time it will likely need to be replaced. Ongoing cost for all firearms should be based on the ammunition used in training and on duty and maintenance. This will fluctuate based on training.

The cost associated with training is the staff time, range fees, and cost of spent ammunition. Special Response Team (SRT) members train once a month and, on average, each member shoots approximately 50-rounds. Currently, there are only 4 members shooting at each training day. This equates to approximately 2,400 rounds of ammunition being fired per year. This does not include special training days or attendance to training schools/classes. A single box of 20-rounds costs approximately $20 dollars or $1 dollar per round. Authorized and trained Berkeley Police armorers service and provide regular maintenance of the rifles. The cost of maintenance is staff time. The projected acquisition of .308 ammunition in 2024 is approximately 6,000 rounds for training.

ReconRobotics Recon Scout XT
The initial cost for the Recon Scout XT robot was about $12,500 per unit in 2010. There are no ongoing costs associated with the use of the Recon Scout XT robot. Being that it is battery operated, there is a nominal cost associated with charging the Recon Scout XT robot’s batteries, and the batteries of the OCU (controller).

The Recon Scout XT robot is fairly simple to operate, thus there is no cost associated with training officers in its use. Generally, the Recon Scout XT robot is robust and does not need regular repair or service. The cost of training is staff time.

Andros Remotec HD-1 Hazardous Duty Robot
The Hazardous Duty Robot was purchased in 2008 for $214,496. Being that it is battery operated, there is a nominal cost associated with charging the robot. Maintenance of the Hazardous Duty Robot is conducted by the Berkeley Police Bomb Technicians.

Berkeley Police Bomb Technicians are trained during regular bomb squad training sessions and maintain their skills through training scenarios. The cost of training and maintenance is limited to staff time.

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Light/Sound Diversionary Device
Diversionary Devices cost approximately $45 per unit. Purchases for these tools are made when inventory becomes low, based upon critical incident usage and Special Response Team trainings that incorporate live devices. $2,716.25 was spent in 2023 to acquire 48 diversionary devices that replaced ones that expired or were used during training.

Only trained and qualified personnel are permitted to deploy diversionary devices. These trained Berkeley Police officers are typically members of the Berkeley Police Department Special Response Team who receive monthly training which includes training in the deployment of diversionary devices. The cost of training is staff time.

Long Range Acoustic Device (LRADS)
The LRAD 450XL and the LRAD 100X were purchased in 2018. The total cost for both the LRADs, rechargeable battery packs and accessories was $49,999. Training is conducted by Berkeley Police personnel who are trained in the use and procedures of the LRAD. The cost to train is staff time.

Mobile Command Vehicle (MCV)
The Mobile Command Vehicle was purchased in 2003 for $230,800. The ongoing cost associated to the MCV is the cost of gasoline and maintenance of the vehicle. Both gasoline and maintenance are received at the City Corporation Yard. Training is conducted in-house, by the Berkeley Police personnel, who are trained in the operation of the vehicle. The training cost is staff time.

The expected useful lifespan of the MCV was 15 years and was eligible for replacement in 2018. A replacement fund for the MCV currently amounts to $383,183.66 with $10 added into this fund a month. The vehicle is still in functioning, but will need to be replaced in the near future.

Barrett Model 99 Rifle
The retail cost of the Barrett Model 99 Rifle is approximately $12,500. The Department of Justice provided the Barrett Modell 99 Rifle to the Berkeley Police Department in 2007. The ongoing cost related to this rifle is the cost of ammunition and training.

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The ammunition has a retail cost of approximately $6 dollars per bullet; $60 for a box of 10 and $600 for a case of 10 boxes, plus shipping and handling. The cost associated with training is the staff time, range fees, and cost of spent ammunition. In 2023, 500 rounds of .50 caliber ammunition was purchased for an amount of $3,768.38.

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CONCLUSION
This Annual Military Equipment Report not only fulfills the obligations set forth in Assembly Bill 481 and Policy 709, it also reaffirms the commitment the Berkeley Police Department has to transparency with our community and elected officials. Continuing to build upon the trust we have with our community is the cornerstone of the Berkeley Police Department. The training and equipment outlined in this report allow for the Berkeley Police Department to achieve our mission in keeping our community safe.

The Berkeley Police Department will continue to foster strong relationships and safeguard our diverse community. We will continue to share information and be transparent with our community. Any questions, concerns or complaints regarding the equipment can be directed to the Office of Strategic Planning and Accountability, Internal Affairs Bureau, or the Police Accountability Board.

Office of Strategic Planning and Accountability:
(510) 981-5796
[email protected]
Internal Affairs:
(510) 981-5706
[email protected]

Police Accountability Board:
(510) 981-4950

[email protected]

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

ANNUAL REPORTING AND IMPACT STATEMENTS: POLICE EQUIPMENT AND

COMMUNITY SAFETY ORDINANCE
WHEREAS, California Governor Gavin Newsom passed Assembly Bill 481 governing the funding, acquisition and use of military equipment on September 30, 2021; and WHEREAS, Government Code 7071(a) requires all law enforcement agencies to obtain approval of the applicable governing body (Mayor and City Council), by adoption of a military equipment use policy prior to funding, acquisition, or use of military equipment; and
WHEREAS, the Berkeley City Council approved Berkeley Police Department Policy 709, Military Equipment Use Policy, on July 26th 2022; and
WHEREAS, Government Code 7072 (a) requires any agency that receives approval for a Military Equipment Use Policy submit to the governing body an Annual Military Equipment Report;
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that it approves the Berkeley Police Department’s 2023 Annual Military Equipment Report.

Office of the City Manager

CONSENT CALENDAR
July 23, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Terrance Davis, Director of Public Works
Subject: Contract: Alta Planning & Design for Adeline Street Transportation Improvements Project

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Alta Planning & Design for Preliminary Engineering and Environmental Studies for the Adeline Street Transportation Improvements Project for an amount not-to-exceed $1,256,120.

SUMMARY
The attached Resolution allows the City to enter into a contract with Alta Planning & Design to begin the first stages of redesigning Adeline Street between Ashby Avenue and the City of Oakland border using concepts approved by the Council in November 2022 and December 2020. This project will further the goals of the Berkeley Strategic Transportation Plan, Bicycle Plan, Pedestrian Plan, Vision Zero Action Plan, Climate Action Plan, Age-Friendly Berkeley Action Plan and Adeline Corridor Specific Plan, by developing transit, pedestrian, and bicyclist improvements on Adeline Street. Funding for this project has been awarded through a grant from the Alameda County Transportation Commission (Alameda CTC). Per the grant requirements, preliminary engineering and environmental clearance must be completed, and all grant funding must be spent by December 31, 2026.

FISCAL IMPACTS OF RECOMMENDATION
This contract is primarily funded by a $1,095,000 Alameda CTC Comprehensive Investment Plan (CIP) grant (Capital Grant – Local Fund 307). Receipt of the awarded grant was approved by the Berkeley City Council on June 25, 2024. The contract includes a total of $161,120 in local funds from direct local distribution transportation sales tax Measure BB Local Streets and Roads Fund 134. These local funds include the Alameda CTC required 11.47% grant match of $144,076. This project budget (including the recently received Local Fund 307 and Measure BB Local Streets and Roads Fund 134) will be included in the amendment to the first annual appropriations ordinance (AAO1) in the FY 2025 Budget. The $1,256,120 contract amount includes a 10% contingency.

Contract: Alta Planning & Design for Adeline Street Transportation CONSENT CALENDAR Improvements Project July 23, 2024
Alameda CTC CIP Grant Award (Capital Grant - Local Fund 307): $1,095,000 Local funds incl. 11.47% grant match (Measure BB Fund 134): $161,120 Total Contract: $1,256,120

CURRENT SITUATION AND ITS EFFECTS
In 2021 and 2023, the City was awarded grant funding from the Alameda County Transportation Commission Comprehensive Investment Plan to scope and develop preliminary engineering plans for a project on Adeline Street from Ashby Avenue (adjacent to the Ashby BART station) to the southern City limits. The Adeline Street Transportation Improvements Project would construct safety improvements for pedestrians, bicyclists, and transit riders, and repurpose two of the existing general- purpose traffic lanes in order to construct protected bikeways and opportunities for public space, including space for a pedestrian plaza on the west side of Adeline Street at the Ashby BART station.

In July 2022, the City issued a Request for Qualifications (RFQ), Specification No. 22- 11526-C, seeking qualified firms to provide engineering services for the Adeline Street Transportation Improvements Project.

Alta Planning & Design was selected out of the five proposals received from qualified firms. Proposals were evaluated by a panel of City Staff using a set of pre-established criteria that included the City local vendor preference policy and the Alameda CTC Local Business Contract Equity (LBCE) program. The proposal and interview with Alta Planning & Design project personnel demonstrated that their team is well-qualified to provide the City with the needed project management, preliminary engineering, community outreach and engagement support, and complete environmental certification for the Project.

Per grant requirements, preliminary engineering/environmental studies must be completed, and funds from Alameda CTC must be spent by December 31, 2026. The City will need to seek additional funding to complete Final Design and Construction of this project.

The Adeline Street Transportation Improvements Project advances the City’s Strategic Goals to (1) provide state-of-the-art, well-maintained infrastructure, amenities, and facilities; (2) foster a dynamic, sustainable, and locally-based economy; (3) create a resilient, safe, connected, and prepared city; and (4) be a global leader in addressing climate change, advancing environmental justice, and protecting the environment.

BACKGROUND
The Adeline Street Transportation Improvements Project will scope and develop preliminary engineering plans and conduct environmental analysis for pedestrian, bicycle, and public transit improvements on approximately 0.55 miles of Adeline Street from just north of Ashby Avenue to the southern City limits (King Street/62nd

Contract: Alta Planning & Design for Adeline Street Transportation CONSENT CALENDAR Improvements Project July 23, 2024
Street/Stanford Avenue/ Martin Luther King Jr Way). This project supports plans for transit-oriented development (TOD) on the Ashby BART station site. As part of the project, two of the four existing traffic lanes adjacent to Ashby BART will be repurposed to provide space for a new pedestrian plaza that could accommodate the needs of the Berkeley Flea Market, which currently uses the BART parking lot west of Adeline Street.

This project would repurpose two of the existing four traffic lanes south of Ashby BART, in order to construct a new protected bikeway that will close a crucial gap in the City’s bicycle network, connecting neighborhood and commercial districts between the City and Oakland as well as creating safe walking and biking access to the Ashby BART station. Other proposed project improvements include repaired sidewalks, improved loading zones for businesses, upgraded traffic signals, and improved bus operations and bus stop amenities.

Council approved the overall concept design for the corridor as part of the approval of the Adeline Corridor Specific Plan on December 8, 2020, Resolution No. 69,642 N.S.

Subsequently, Council approved preliminary concepts for the section of the project adjacent to Ashby BART through Resolution No. 70,622-N.S., the Adeline Street at Ashby BART Conceptual Design, at the November 29, 2022 Council Meeting. Data collection, public engagement, environmental analysis and preliminary engineering is expected to begin in summer 2024 and continue through the end of 2026. Following a robust public engagement process, internal Staff review, and the input of the Transportation and Infrastructure Commission and other City commissions, Staff anticipates bringing a concept design for this project to the Council for consideration late in 2026.

The project is divided into two sections based on geography. Section 1 is the area of Adeline Street adjacent to the Ashby BART Station which begins just north of Ashby Avenue and runs south to Martin Luther King Jr Way. Concepts for Section 1 were approved by the Council on November 29, 2022, through Resolution No. 70,622-N.S.

Section 2 begins at Martin Luther King Jr Way and runs south to the Berkeley/Oakland border (King Street/62nd Street/Stanford Avenue/Martin Luther King Jr Way). Section 2 concepts are detailed in the 2020 Adeline Corridor Specific Plan, adopted by the Berkeley City Council on December 8, 2020, through Resolution No. 69,642 N.S.

Funding for Sections 1 and 2 was awarded as part of two separate Alameda CTC Comprehensive Investment Plan grants. However, because of the similarity of project scopes Alameda CTC has allowed the City to combine both projects into one funding agreement in order to minimize administrative burden and facilitate efficient project delivery.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Installing transit improvements, protected bikeways, and upgrading pedestrian crossings is anticipated to increase the numbers of people using transit, walking, and biking. This is consistent with the 2009 Climate Action Policy that calls for expanding and improving the City’s bicycle and pedestrian infrastructure. The 2009 Climate Action

Contract: Alta Planning & Design for Adeline Street Transportation CONSENT CALENDAR Improvements Project July 23, 2024
Plan sets targets of reducing transportation emissions 33% below year 2000 levels by 2020, and 80% below year 2000 levels by 2050. The plan further states that transportation modes such as public transit, walking, and bicycling must become the primary means of fulfilling the City’s mobility needs in order to meet those targets.

RATIONALE FOR RECOMMENDATION
Authorizing the City Manager to execute a contract with Alta will keep the Project on schedule for completion per grant requirements – conducting preliminary engineering, community engagement, and environmental studies – in order to meet the December 2026 grant deadline.

Successful completion of the Project requires contracted design and engineering services, as the City does not possess the specific technical expertise or staffing capacity to complete the work in-house.

ALTERNATIVE ACTIONS CONSIDERED
Council could opt not to approve the consultant contract with Alta at this time and instead defer the item to a future Council agenda. This decision would delay the start of the Project, jeopardize funding with Alameda CTC, and would endanger the delivery of the Project by the milestones indicated in the grant funding agreement. Execution of this contract will enable the City to complete the project on schedule, as in-house staffing levels are insufficient to perform the necessary services.

CONTACT PERSON
Wahid Amiri, Deputy Director, Public Works (510) 981-6396 Hamid Mostowfi, Transportation Manager, Public Works (510) 981-6403 Eric Anderson, Principal Planner, Public Works (510) 981-7062 Janney Lockman, Associate Planner, Public Works (510) 981-7073 Attachment:

1. Resolution

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

CONTRACT: ALTA PLANNING & DESIGN FOR PRELIMINARY ENGINEERING AND

ENVIRONMENTAL CERTIFICATION FOR ADELINE SOUTH TRANSPORTATION

IMPROVEMENTS AND ADELINE AT ASHBY BART PROJECTS
WHEREAS, the Public Works Department has determined that consultant services are needed for Preliminary Engineering and Environmental Certification for the Adeline South Transportation Improvements and Adeline at Ashby BART Projects (Project); and WHEREAS, in July 2022, the City of Berkeley released a Request for Qualifications, Specification No. 22-11526-C, for the work of this Project, received five valid proposals by the due date of August 25, 2022, and reviewed the proposals according to the scoring criteria in the RFQ; and
WHEREAS, after a thorough review and evaluation of the proposals, Alta Planning & Design was found to be the highest-ranked firm and possess the requisite qualifications and experience and was deemed competent to perform the work of this Project; and WHEREAS, the Project street was identified in the 2020 Berkeley Pedestrian Plan as one of the city’s top 10 streets recommended for safety improvements and in the 2017 Bicycle Plan, which recommends protected bikeways on Adeline Street as part of a Complete Streets Corridor; and
WHEREAS, the 2020 Adeline Corridor Specific Plan called for transportation safety improvements on Adeline Street; and
WHEREAS, the Adeline St. was identified as a high-injury street in the 2020 Vision Zero Action Plan; and
WHEREAS, the City has received $1,095,000 from Alameda County Transportation Commission Comprehensive Investment Plan grant funding for preliminary engineering and environmental certification for this project; and
WHEREAS, $161,120 of funding from Alameda County Transportation Sales Tax Measure BB Bicycle and Pedestrian Program (Fund 135) and Local Streets and Roads (Fund 134) is dedicated to this project and will be budgeted in the first amendment to the annual appropriations ordinance.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a contract and any amendments with Alta Planning & Design needed for Preliminary Engineering and Environmental Certification for the Adeline South Transportation Improvements and Adeline at Ashby BART Projects, for an

amount not to exceed $1,256,120. A record signature copy of said contract and any amendments is 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: http://www.CityofBerkeley.info/Manager

CONSENT CALENDAR
July 23, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Terrance Davis, Director of Public Works
Subject: Contract: Buhler Commercial for FY 2023 Retaining Wall and Storm Drain Improvement Project (Specification No. 23-11616-C & 23-11614-C)

RECOMMENDATION
Adopt a Resolution:

1. Approving plans and specifications for the FY 2023 Retaining Wall and Storm Drain Improvement Project;

2. Accepting the bid of Buhler Commercial 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 project completion, in accordance with the approved plans and specifications in an amount not to exceed $1,973,708.

FISCAL IMPACTS OF RECOMMENDATION
Funding is available from the State Transportation Tax Fund, Measure B Local Streets and Roads Fund, UC Settlement Fund, Measure M Street and Watershed Improvement Fund, Measure T1 Infrastructure and Facilities Fund, and the Clean Storm Water Fund.

State Transportation Tax (Fund 127) .......................................................$250,000 Measure B (Fund 130) .............................................................................$511,951 UC Settlement Fund (Fund 147) ..............................................................$175,000 Measure M (Fund 506) .............................................................................$713,759 Measure T1 (Fund 511) .............................................................................$93,299 Clean Storm Water (Fund 616) ................................................................$230,000 Total construction cost $1,974,009
No other funding is required, and no other projects will be delayed due to this expenditure.

Low bid by Contractor ...........................................................................$1,794,553 10% Contingency .....................................................................................$179,455 Total construction cost $1,974,009

Contract: Buhler Commercial CONSENT CALENDAR
for FY 2023 Retaining Wall and Storm Drain Improvement Project July 23, 2024

CURRENT SITUATION AND ITS EFFECTS
The FY 2023 Retaining Wall and Storm Drain Improvement Project (the Project), Specification Nos. 23-11616-C & 23-11614-C were initially released for bids on October 6, 2023, and bids were opened on November 7, 2023. At the bid opening, only one bid was received from Redgwick Construction Company of Oakland, California, with a bid of $2,010,117 (see Attachment 2, Abstract of Bids), approximately 40% higher than the $1.42 million engineer’s estimate for this project. The City Manager rejected the lone bid as authorized by the City Council on February 27, 2024 (Resolution No. 71,255-N.S.).

The Project was re-issued with a revised scope and released for bids on April 11, 2024, and bids were opened on May 16, 2024. Five non-local bids were received, from a low of $1,794,553 to a high of $4,256,439.80 (see Attachment 2, Abstract of Bids). The engineer’s estimate for the project was $1.85 million.

Buhler Commercial of San Francisco, California, was the lowest responsive and responsible bidder, with a bid of $1,794,553, and their references were found to be satisfactory. This project includes a 10% contingency, which brings the total contract amount up to the requested $1,974,009. Staff recommends that Buhler Commercial be awarded a contract for this project.

The Project includes several required infrastructure repairs and improvements, including repairs of retaining walls and bridge abutments.

BACKGROUND
The Project includes several infrastructure repairs and improvements throughout various locations in the City:
 Two existing storm drain access points at 2 nd St are currently not up to the City’s current standards and will be upgraded to standard storm drain maintenance holes to facilitate ease of access for maintenance workers.
 The City built the retaining walls on Hilgard Ave. and La Loma Ave. in the early 20th century without a robust tie-back system. With the extensive root damage from adjacent trees, the walls have begun to rotate and lean, with severely offset cracks.

The project replaces the retaining walls with retaining walls anchored with cast-in- drilled-hole pier foundations.
 The north and south approaches to the La Loma Bridge are experiencing settlement at the bridge abutments. This work may require additional coordination with EBMUD, as they plan to replace their water main at the south end of the La Loma Bridge. The settled bridge approach sidewalks, soil-retaining structures, and associated pavement will be reinstalled for pedestrian safety.  The traffic circle at Piedmont Ave and Channing Way is a roundabout with one of Berkeley's most extended crosswalk lengths. With funding from the UC Long

Contract: Buhler Commercial CONSENT CALENDAR
for FY 2023 Retaining Wall and Storm Drain Improvement Project July 23, 2024

Range Development Plan Settlement, this project will integrate pedestrian safety measures like curbed medians, island passageways, and upgraded signage and striping.
 A staircase will be installed at the lower end of an Upper Columbia Path on an undeveloped 10’ wide Public right-of-way, adding to our extensive Berkeley path network. Our partners, the Berkeley Path Wanderers Association, will work to complete the upper end of the path, building it with their standard wooden railroad tie path. The path will connect existing paths at Columbia Walk and Lower Columbia Path, further facilitating ease of evacuation in the hills in case of emergency.
 The makeshift traffic circle at Woolsey St. and Eton Ave. is not functioning efficiently as a traffic calming device and receives significant cut-through traffic to/from College Ave. and Claremont Ave. The request for a redesigned traffic circle originated as a community traffic calming request in 2012. Improvements will include a larger traffic circle and median channelizers on all three legs of the intersection, designed via analyses of vehicle turn movements  Five existing concrete paths have been identified for significant repairs to ensure safety and accessibility throughout the City’s extensive pathway network. The paths slated for repair are Mendocino Path, Tunbridge Lane Path, Indian Rock Path, Visalia Steps, and Oxford School Way Path.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Enhancements at the Piedmont Ave. and Channing Way traffic circle, including pedestrian-friendly features like curbed medians and island passageways and improvements to new and existing paths, promote walkability and environmental sustainability. These improvements encourage reduced vehicle use and emissions and support a healthier, more eco-friendly urban community.

RATIONALE FOR RECOMMENDATION
The Project is part of the City’s ongoing effort to repair existing infrastructure and implement new pedestrian safety improvements. The work requires contracted services, as the City does not possess the in-house labor or equipment resources necessary to complete the project.

ALTERNATIVE ACTIONS CONSIDERED
No alternative action was considered for this project. The City could choose not to proceed with this project. However, the existing infrastructure would continue to deteriorate, and other pedestrian improvements would remain unbuilt, affecting use of the community sidewalks and others neighborhood amenities.

Contract: Buhler Commercial CONSENT CALENDAR
for FY 2023 Retaining Wall and Storm Drain Improvement Project July 23, 2024

CONTACT PERSON
Ronald A Nevels, Manager of Engineering, Dept. of Public Works, (510) 981-6439 Srinivas Muktevi, Supervising Civil Engineer, Dept. of Public Works, (510) 981-6402 Attachments:
1: Resolution
2: Abstract of Bids

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

CONTRACT: BUHLER COMMERCIAL FOR FY 2023 RETAINING WALL AND STORM

DRAIN IMPROVEMENT PROJECT
WHEREAS, the FY 2023 Retaining Wall and Storm Drain Improvement Project is part of the City’s ongoing effort to repair existing infrastructure and implement new pedestrian safety improvements; and
WHEREAS, the City has neither the labor nor the equipment necessary to undertake this FY 2023 Retaining Wall and Storm Drain Improvement Project; and WHEREAS, an invitation for bids was duly advertised, and Buhler Commercial was the lowest responsive and responsible bidder; and
WHEREAS, funding is available in the FY 2024 and FY 2025 budget in State Transportation Tax (Fund 127), Measure B (Fund 130), UC Settlement Fund (Fund 147), Capital Improvement Fund Measure M (Fund 506), Measure T1 Fund (Fund 511), and Clean Storm Water Fund (Fund 616).

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Plans and Specifications for Specification No. 23-11616-C & 23-11614-C FY 2023 Retaining Wall and Storm Drain Improvement Project are approved.

BE IT FURTHER RESOLVED that the Council of the City of Berkeley authorizes the City Manager to execute a contract and any amendments, extensions, or change orders until completion of the project in accordance with the approved plans and specifications with Buhler Commercial for the FY 2023 Retaining Wall and Storm Drain Improvement Project, in an amount not to exceed $1,974,009, which includes a 10% contingency for unforeseen circumstances. A record signature copy of said agreement and any amendments are to be on file in the Office of the City Clerk.

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

CONSENT CALENDAR
July 23, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Terrance Davis, Director, Department of Public Works Subject: Contract No. 31900102 Amendment: Nute Engineering for On-Call Civil Engineering Services for the Sanitary Sewer Program

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to amend Contract No. 31900102 with Nute Engineering (Nute) for On-Call Civil Engineering Services for the Sanitary Sewer Program, increasing the contract by $500,000, for a total amount not to exceed $900,000, and extending the term of the contract from June 30, 2024 to June 30, 2025.

FISCAL IMPACTS OF RECOMMENDATION
Funding for this contract amendment in Fiscal Year (FY) 2025 is available in the Engineering budget in the Sanitary Sewer Fund. Funding for FY 2026 is subject to appropriation in the future fiscal years’ budget for the Sanitary Sewer Program based on the department’s need for civil engineering services.

Current Contract Amount $400,000
Contract amendment $500,000
Total revised not-to-exceed amount $900,000

CURRENT SITUATION AND ITS EFFECTS
The Sanitary Sewer Program (Program) needs additional civil engineering services from Nute due to a reduction in the current availability of other consultants contracted with the City to provide services for the Program and a reduction of City Staff available to support the Program. The cost of additional services needed exceeds the available contract balance. The amendment will allow Nute to take on more design work in FY 2025 and beyond, allowing the City to meet its sewer rehabilitation regulatory requirements in a timely manner.

The services provided by Nute support the City’s Strategic Plan goal of providing state- of-the-art, well-maintained infrastructure, amenities, and facilities.

Contract No. 31900102 Amendment: CONSENT CALENDAR
Nute Engineering for On-Call Civil Engineering Services for the Sanitary Sewer Program July 23, 2024

BACKGROUND
On September 22, 2014, East Bay Municipal Utility District (EBMUD), the City, and EBMUD’s other satellite agencies entered into a Consent Decree (CD) with the United States Environmental Protect Agency (EPA), the Regional Water Board, and the State Water Board. The mandate of this consent decree is to eliminate sanitary sewer overflows and reduce wet weather inflow and infiltration into the sanitary sewer system.

The ultimate goal is to eliminate EBMUD facility discharges of untreated or partially treated wastewater into the San Francisco Bay during storm events. Under the CD, the City agreed to replace its sanitary sewer mains at an average annual rate of no less than 4.2 miles based on a three-fiscal-year rolling average. In order to meet this requirement, the City needs design and construction support from on-call consultants.

On July 24, 2018, Council authorized the City Manager to execute on-call civil engineering services contracts with three consulting firms, including Nute. Based on forecasted needs for services, Nute was awarded a contract for an amount not to exceed $400,000 over a three-year term. The need for services from Nute has increased as a result of a reduction in the availability of the other consultants contracted with the City to provide services for the Sanitary Sewer Program and a reduction of City Staff available to support the Program.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Nute’s design will be used to construct improvements to the City’s sanitary sewer system which will help minimize the frequency of Sanitary Sewer Overflows, and reduce infiltration and inflow into the City’s sanitary sewer system, which in turn will minimize impacts of untreated sewer discharge into the San Francisco Bay and protect water quality.

RATIONALE FOR RECOMMENDATION
Of the firms currently contracted with the City to provide on-call civil engineering services, Nute has staffing availability to provide the additional services the City needs in order to meet CD mandated sewer rehabilitation requirements.

ALTERNATIVE ACTIONS CONSIDERED
No alternative actions were considered. The City does not have the resources to provide the necessary civil engineering services in-house.

CONTACT PERSON
Wahid Amiri, Deputy Director, Public Works (510) 981-6396 Ronald Nevels, Manager of Engineering, Public Works (510) 981-6439 Danny Akagi, Supervising Civil Engineer, Public Works (510) 981-6394 Attachment:
1: Resolution

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

CONTRACT NO. 31900102 AMENDMENT: NUTE ENGINEERING FOR ON-CALL

CIVIL ENGINEERING SERVICES FOR SANITARY SEWER PROGRAM
WHEREAS, the delivery of sanitary sewer projects is part of the City’s on-going Sanitary Sewer Program (Program) to replace the aging and deteriorated sanitary sewer system; and
WHEREAS, the Program is a requirement of compliance with the Consent Decree (CD) filed September 22, 2014; and
WHEREAS, on-call consultant support is required because City staff cannot perform the volume of engineering design work needed to meet CD requirements; and WHEREAS, Council authorized the City Manager to enter into a contract with Nute Engineering for On-Call Civil Engineering Services for an amount not to exceed $400,000 on July 24, 2018 (Resolution No. 68,549-N.S.); and
WHEREAS, the need for services from Nute has increased as a result of a reduction in the availability of other on-call civil engineering consultants currently contracted to provide services for the Program and a reduction of City staff available to support the Program; and
WHEREAS, Nute Engineering has the availability to provide additional services in support of the Program; and
WHEREAS, funding is available in Fiscal Year (FY) 2025 from the Sanitary Sewer Fund (611); and funding for FY 2026 is subject to appropriation based on each project or program, or the department’s need for civil engineering services.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute an amendment to Contract No. 31900102 with Nute Engineering for On-Call Civil Engineering Services for the Sanitary Sewer Program, increasing the contract by $500,000, for a total amount not to exceed $900,000, and extending the term of the contract from June 30, 2024 to June 30, 2025.

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

CONSENT CALENDAR
July 23, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Terrance Davis, Director, Department of Public Works Subject: Amending the 1956 Maintenance Agreement with Caltrans to include new I-80 Gilman Interchange

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to negotiate and execute an amendment to the 1956 Freeway Maintenance Agreement between the City and Caltrans to include new I- 80/Gilman Interchange facilities.

FINANCIAL IMPACTS OF RECOMMENDATION
The City will use the State Transportation Tax Fund (127) and Measure BB Local Streets and Roads Direct Local Distribution funds (Fund 134) received by the City from Alameda County Transportation Commission (ACTC) for maintenance of the shared use path on the new pedestrian overcrossing bridge as well as Gilman Street underneath the I-80 Freeway, including two new roundabouts at West Frontage Road and Eastshore Highway. Caltrans will be responsible for maintenance of the pedestrian overcrossing bridge structure and the freeway ramps up to the point of intersection with the roundabouts. The estimated annual maintenance cost to the City due to this amended agreement is $85,000, which will begin in FY 2025 after construction is completed. FY 2025 maintenance funding will be added to the Transportation budget in the first amendment to the annual appropriations ordinance.

CURRENT SITUATION AND ITS EFFECTS
The City and Caltrans have a 1956 maintenance agreement covering the maintenance of I-80 Corridor within City’s right of way between City’s northern and southern limits (Attachment 3). The I-80 Gilman Interchange Improvement Project, a City strategic goal, is a project with the goal of improving safety and efficiency of all modes of transportation at the I-80/Gilman Interchange. Caltrans under project management of ACTC has started construction of the project which is anticipated to be completed by summer 2025.

The improvements include two roundabouts at the intersection of Gilman Street with I-80 on-off ramps, a new pedestrian overcrossing bridge over I-80 to the south of Gilman Street, closing a gap in the Bay Trail, new low stress bicycle facilities connecting Codornices Creek Path to the Bay Trail and Tom Bates Sports Complex, safety improvements at Union Pacific railroad crossings at Gilman and at Camelia Streets, and a new traffic signal at the intersection of 4th Street and Gilman Street.

Maintenance Agreement Caltrans I-80 Gilman Interchange CONSENT CALENDAR July 23, 2024

BACKGROUND
Gilman Interchange Project will improve vehicle, pedestrian, and bicycle operations at the Interstate 80 (I-80) / Gilman Street interchange in northwest Berkeley. The existing intersection controls, roadway geometry, and the high volumes of local and regional traffic on Gilman Street result in poor traffic operation and non-motorized access at and near the interchange. The proposed interchange project seeks to:
 Simplify and improve navigation and traffic operations on Gilman Street between the West Frontage Road and 2nd Street through the I-80 interchange so that congestion is reduced, queues are shortened, and merging and turning conflicts are minimized;
 Improve access for the bikes/pedestrians traveling between the Bay Trail and Northern Berkeley;
 Improve safety at Gilman Street intersections;
 Improve mobility in the Gilman Street corridor; and
 Create a gateway into North Berkeley.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Improving low stress pedestrian and bicycle access and safety for residents of Berkeley and adjacent communities encourages non-motorized access to the Tom Bates Sports Fields and the Bay Trail, improving the environment by reducing motorized traffic to these recreational destinations.

RATIONALE FOR RECOMMENDATION
The City already has a maintenance agreement with Caltrans which covers the maintenance responsibilities for the portion of I-80 Freeway within City of Berkeley.

Since the project comprises of new facilities within the same corridor it makes sense to amend the existing agreement to include maintenance responsibilities for the new facilities.

ALTERNATIVE ACTIONS CONSIDERED
Since the project creates new infrastructure, a revision to the maintenance agreement is necessary since Caltrans requires an executed maintenance agreement before finalizing the project. This amendment is essential to ensure that all aspects of the new infrastructure, including their upkeep and long-term functionality, are comprehensively addressed. Failure to reach a consensus on the revised maintenance agreement could result in significant delays to the planned operations and services that the new facilities are intended to support.

Maintenance Agreement Caltrans I-80 Gilman Interchange CONSENT CALENDAR July 23, 2024

CONTACT PERSON
Wahid Amiri, Deputy Director, Public Works 510-981-6396 Hamid Mostowfi, Transportation Division Manager 510-981-6403 Attachments:
1: Resolution - Amendment to the 1956 Freeway Maintenance Agreement 2: Amendment to the 1956 Freeway Maintenance Agreement
3: 1956 Freeway Maintenance Agreement

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

AMENDMENT TO THE 1956 FREEWAY AGREEMENT BETWEEN THE CITY OF BERKELEY AND THE STATE OF CALIFORNIA TO INCLUDE I-80 GILMAN

INTERCHANGE AND PROPOSED PEDESTRIAN OVERCROSSING BRIDGE WITHIN THE STATE RIGHT-OF-WAY AT I-80 GILMAN INTERCHANGE
WHEREAS, the State of California and City entered into a Freeway Agreement in 1956 for Interstate Route 80 within the City between 0.35 mile north of Golden Gate Fields along Gilman Street and the south City Limits; and
WHEREAS, the construction of the I-80 Gilman Interchange Improvement Project, a City of Berkeley strategic goal, is expected to be completed by Caltrans in Summer 2025; and
WHEREAS, the City and Caltrans desire to amend the 1956 Freeway Maintenance Agreement to include the I-80/Gilman Interchange including a new pedestrian overcrossing bridge for shared use of bicyclists and pedestrians; and WHEREAS, the amended agreement calls for maintenance of the pedestrian bridge structure by Caltrans, maintenance of the bicycle and pedestrian facilities on and above the bridge deck by the City, and maintenance of the project improvements on Gilman Street including two roundabouts on Gilman Streets on either side of I-80 Freeway by the City; and
WHEREAS, the amended agreement will be funded by the State Transportation Tax Fund 127 and Measure BB Local Streets and Roads Direct Local Distribution funds (Fund 134).

NOW THEREFORE, BE IT RESOLVED that the City Council authorizes the City Manager or her designee to negotiate and amend the 1956 Freeway Maintenance Agreement with Caltrans to include the proposed pedestrian bridge and designated improvements at the I-80 Gilman Interchange.

Ala 80 PM 6.3/7.0
1 MAINTENANCE AGREEMENT

FOR PEDESTRIAN OVERCROSSING AND

GILMAN STREET UNDERCROSSING

IN THE CITY OF BERKELEY

THIS AGREEMENT is made effective this ______ day of ____________, 20__, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as “STATE” and the City of Berkeley; hereinafter referred to as “CITY” and collectively referred to as “PARTIES”.

SECTION I

RECITALS

1. WHEREAS, Cooperative Agreement Number 04-2719 was executed between STATE and Alameda County Transportation Commission (ACTC), not a party to this Agreement, to construct a pedestrian overcrossing (Br No. 33 -0127) and reconfigure Gilman Street undercrossing on State Route (SR) 80, hereinafter referred to as “PROJECT”, and

2. WHEREAS, in accordance with the said agreement, it was agreed by STATE and ACTC that prior to PROJECT construction, a M aintenance Agreement within its jurisdictional boundaries will be executed, and

3. WHEREAS, the PARTIES hereto mutually desire to identify the maintenance responsibilities for improvements of PROJECT constructed under the Cooperative Agreement Number 04- 2719, and

4. WHEREAS there is an existing Freeway Maintenance Agreement , 1956, with City of Berkeley; dated October 23
rd, 1956. This agreement is to replace the Gilman Street undercrossing portion of the agreement.

NOW THEREFORE, IT IS AGREED AS FOLLOWS:

SECTION II

AGREEMENT

5. Exhibit A & B consist of plan drawings that delineate the areas within STATE right of way which are the responsibility of the CITY to maintain in accordance with this Maintenance Agreement.

6. If there is mutual agreement on the change in the maintenance duties between PARTIES, the PARTIES can revise Exhibit A & B by a mutual written execution of the exhibits.

7. CITY must obtain the necessary Encroachment Permits from STATE’s District 4 Encroachment Permit Office prior to entering STATE right of way to perform CITY maintenance responsibilities. This permit will be issued at no cost to CITY.

Ala 80 PM 6.3/7.0
2 8. PEDESTRIAN OVERCROSSING (Bridge No. 33-0127)

8.1. STATE will maintain, at STATE expense, the entire structure of any STATE constructed pedestrian overcrossings of SR 80 below the deck and the structural integrity of the steel pipe arch rib superstructure.

8.2. CITY will maintain, at CITY expense, the deck and structural drainage system (and shall perform such work as may be necessary to ensure an impervious and/or otherwise suitable surface) and all portions of the structure above the bridge deck, including, but without limitation, lighting installations, chain link railing, as well as all tr affic service facilities (sidewalks, signs, pavement markings, bridge rails, staircases etc.) that may be required for the benefit or control of pedestrian/bicycle traffic using that overcrossing.

8.3. CITY is responsible to keep all wall surfaces free of debris removal, dirt, and graffiti.

8.4. CITY will maintain the painted or exposed surfaces of the steel pipe rib arch superstructure. This includes all washing, cleaning, brushing, scraping, applying primer, and painting as required on steel surfaces to remove or protect against corrosion, abrasion, dirt, and debris.

9. VEHICULAR UNDERCROSSINGS

9.1. STATE will maintain the entire structure of all STATE -constructed vehicular undercrossings of STATE freeways except as hereinafter provided .

9.2. CITY will maintain the roadway sections, including the traveled way, shoulders, curbs, sidewalks, wall surfaces (including eliminating graffiti), drainage installations, lighting installations, and traffic service facilities that may be required for the benefit or control of traffic using that undercrossing. The maintenance of the wrought iron fence on the north side of Gilman Street undercrossing is excluded from the terms of this Agreement.

9.3. CITY will request STATE’s District Encroachment Permit Engineer to issue the necessary Encroachment Permit for any proposed change in minimum vertical clearances between CITY roadway surface and the s tructure that results from modifications to the roadway (except when said modifications are made by STATE). If the planned modifications will result in a reduction in the minimum clearance within the traveled way, an estimate of the clearance reduction must be provided to STATE’s Transportation Permit Engineer prior to starting work. Upon completion of that work, a vertical clearance diagram will be furnished to STATE’s Transportation Permit Engineer that shows revised minimum clearances for all affected movements of traffic, both at the edges of the traveled way and at points of minimum clearance within the traveled way.

10. CURTAIN WALLS- CITY will maintain curtain walls on Gilman Street in their entirety.

Ala 80 PM 6.3/7.0
3 11. LANDSCAPED AREAS - CITY is responsible for the maintenance of any plantings or other types of roadside development lying outside of the area reserved for exclusive freeway use.

12. BICYCLE PATHS /TRAILS - CITY will maintain, at CITY expense, a safe facility for bicycle/pedestrian travel along the entire length of the path/trail by providing sweeping and debris removal when necessary; and all signing, striping, and pavement markings required for the direction and operation of that non- motorized facility. CITY is solely responsible for all path/trail improvements, all fences, guard railing, drainage facilities, slope and structural adequacy of any path/trail located and constructed within STATE's right of way.

13. LOCAL ROADS (West Frontage Road and Eastshore Highway)

CITY, at CITY’s expense, will be responsible for maintaining the portion of the West Frontage Road and Eastshore Highway located within STATE right of way, in their entirety.

14. LEGAL RELATIONS AND RESPONSIBILITIES

14.1. Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or to affect the legal liability of a PARTY to the Agreement by imposing any standard of care with respect to the operation and maintenance of STATE highways and local facilities different from the standard of care imposed by law.

14.2. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by, under or in connection with any work, authority or jurisdiction conferred upon STATE under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY and all of their officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement.

14.3. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction conferred upon CITY under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement.

15. PREVAILING WAGES:

15.1. Labor Code Compliance- If the work performed on this PROJ ECT is done under contract
and falls within the Labor Code section 1720(a)(1) definition of a "public work" in that it

Ala 80 PM 6.3/7.0
4 is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code section 1771. CITY must conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-7. CITY agrees to include prevailing wage requirements in its contracts for public work. Work performed by CITY 'S own forces is exempt from the Labor Code's Prevailing Wage requirements.

15.2. Requirements in Subcontracts - CITY shall require its contractors to include prevailing wage requirements in all subcontracts funded by this Agreement when the work to be performed by the subcontractor is a "public work" as defined in Labor Code Section 1720(a)(1) and Labor Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth in CITY's contracts

16. INS

URANCE -

16.1. CITY is self-insured. CITY agrees to deliver evidence of self-insured coverage providing general liability insurance, coverage of bodily injury liability and property damage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certification of self-insurance letter (“Letter of Self-Insurance”), satisfactory to STATE, certifying that CITY meets the coverage requirements of this section. This Letter of Self -Insurance shall also identify the PROJECT location as depicted in EXHIBIT A. CITY shall deliver to STATE the Letter of Self-Insurance with a signed copy of this AGREEMENT. A copy of the executed Letter of Self-Insurance shall be attached hereto and incorporate as Exhibit C.

16.2. If the work performed under this AGREEMENT is done by CITY‘s contractor(s), CITY shall require its contractor(s) to maintain in force, during the term of this AGREEMENT, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming STATE, its officers , agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE that shall be de livered to the STATE with a signed copy of this Agreement.

17. TERMINATION - This Agreement may be terminated by mutual written consent of PARTIES or by STATE for cause . CITY’s failure to comply with the provisions of this Agreement may be grounds for a Notice of Termination by STATE.

18. TERM OF AGREEMENT - This Agreement shall become effective on the date first shown on its face sheet and shall remain in full force and effect until amended or terminated as set forth in Article 17 above.

Ala 80 PM 6.3/7.0
5 PARTIES are empowered by Street s and Highways Code Section 114 and 130 to enter into this Agreement and ha ve delegated to the undersigned the authority to execute this Agreement on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Agreement.

IN WITNESS WHEREOF, the PARTIES hereto have set their hands and seals the day and year first above written.

THE CITY OF BERKELEY STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION

By: __________________________
Mayor

Initiated and Approved

By: ___________________________
City Manager

By: ___________________________
LEAH BUDU Date
Deputy District Director
Maintenance District 4
ATTEST:

By: __________________________
City Clerk

By: __________________________
City Attorney

RO UT E 8 0

BERKELEY
To San Francisco
EASTSH ORE H wy
SECOND St
FOURTH St
FIFTH St
G
IL
M
AN

S
t
HA
RR
IS
O
N

S
t
C
A
M
EL
IA

S
t
P
AG
E

S
t
J
ON
E
S

S
t
C
E
DA
R

S
t
V
IR
G
IN
IA

S
t
ALBANY Sta "SECOND1" 300+00
Sta "GS" 21+11
Limit of Work (Harrison St)
Limit of Work (Harrison St)
Limit of Work (Second St)
Limit of Work (Eastshore Hwy)
Sta "F2A" 165+00
UPRR
Limit of Work (Gilman St)
GILM AN St EXT ENSIO N
THIRD St
UNIVERSITY Ave OC
135130
Br No. 33-0764
GILMAN St Ped OC
Br No. 33-0127
GILMAN St UC
Sta "HARRISON1" 409+79
Sta "SECOND1" 319+02
Limit of Work (Second St)
Sta "C5" 181+01 PM 6.8

END CONSTRUCTION
"HARRISON1" 411+04
Sta "GX" 121+65
Limit of Work (Gilman St Extension)
EL CERRITO Sep & OH
To Sac
ram ento
2 1 0
215
220
2 0 5
Sta "C5" 166+08 PM 6.4

BEGIN CONSTRUCTION
80/580 EL CERRITO SEPARATION
0404 ALA 180
x
x
x
x
x

L A ST R E V ISION

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
SHEET

DEL NORTE SISKIYOU MODOC

HUMBOLDT

TRINITY SHASTA LASSEN
TEHAMA

MENDOCINO

GLENN BUTTE
PLUMAS
SIERRA
NEVADA

PLACERYU
BA
COLUSA
LAKE
YOLO

NAPASONOMA

EL DORADO
MARIN

AM A D O

R ALPINE
CALAV
ERAS
CONTRA
COSTA

TUOLUMNE
MONO
SANTA
CLARA

SANTA CRUZ
STA N
ISLA U
S

MARIPOSA
MERCED
M A D
ERA
FRESNO

MONTEREY
INYO
TULARE
KINGS

OBISPO KERN
SANTA

BARBARA

VENTURA

LOS ANGELES

SAN BERNARDINO

RIVERSIDE

IMPERIALSAN DIEGO
ORANGE
SOLANO

ALAMEDA
M
E
N
T
O
S
A
CR
A
-

JOAQUINSAN
SAN
BENITO
SAN
LUIS
S
U
TTE
R

SAN FRANCISCO

SAN MATEO
Dist COUNTY ROUTE TOTAL

SHEETSTOTAL PROJECT

LOCATION MAP

POST MILES
No.

R E G IST R A T ION N o. L IC E N SE E xp DA TE DA TE SIGN E D OF LICENSE AS SPECIFIED IN THE "NOTICE TO BIDDERS."
ST A TE ST ANDA R D S AND PR A C T IC E S AND T HA T TE C HN IC A L OV E R SIGH T W A S PE R FO R M E D .

A PP R OV E D A S T O IM PA C T ON ST A TE FA C IL IT IE S AND C ON FO R M AN C E W IT H A PP L IC A B LE C A LT R AN S D E SIGN OV E R SIGH T A PP R OVA LC ON SU LT AN T D E SIGN E NG IN EE R DA TE PL O TTE D =>
11:12:08 A M
4/2/2021
T IM E PL O TTE D =>
R
00-00-00
R

THE CONTRACTOR SHALL POSSESS THE CLASS (OR CLASSES)
CONTRACT No.

PROJECT ID
PROJECT NUMBER & PHASEUNITMaintenance Agreement - Exhibit A Location Map.dgn p003539DUSERNAME =>
DGN FILE =>

RELATIVE BORDER SCALE

IS IN INCHES
0 2 31
CALTRANS WEB SITE IS: HTTP//WWW.DOT.CA.GOV/BORDER LAST REVISED 9/30/2012

6.3/7.0

EXHIBIT A
PAGE 1 OF 2

NO SCALE
TO ABOUT 350 FEET WEST OF THE WEST FRONTAGE ROAD
FROM 0.6 MILE NORTH OF UNIVERSITY AVENUE OVERCROSSING

IN AND NEAR BERKELEY

IN ALAMEDA COUNTY
04-Ala 80 PM 6.3/7.0

MAINTENANCE AGREEMENT WITH CITY OF BERKELEY
140 145 150 155 160 165 170 175 180
1 8 5
1 9 0
1 9 5
2 0 0

PROJECT LOCATION
CONTRACT No.

PROJECT ID
04-0A7714
04-0A7724
0420000287
0420000288
0727
San Francisco Bay
B
E
R
K
L
E
Y

C
IT
Y
L
IM
IT
C
r
ee
k
C
od
ir
n
ice
s
A
L
B
ANY

C
IT
Y

L
IM
IT




    


 
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x
x
x
x
x

L A ST R E V ISIO N

STAT E OF CALIFORNIA - DEPARTM ENT OF TRA NS PORTATIO N T IM E
PL O TTE D =>
DA TE

PL O TT
E D =>
1 :05:09 PM
2 /3/2021

C H E C K E D B Y

D E SIGN E D B Y

C A L C U L A TE D - R E V ISE D B Y

DA TE R E V ISE D

C ON SU LT AN T FUN C T IONA L SU PE R V ISO R
RR
10-30-20
USERNAME => p006407D
DGN FILE => Maintenance Agreement - Exhibit B (POC).dgn

RELATIVE BORDER SCALE

IS IN INCHES
0 1 2 3
UNIT 0727 PROJECT NUMBER & PHASE 04200002881BORDER LAST REVISED 8/1/2016 15+00
DATUM Elev -40.00
14+0013+00 16+00 17+00 18+00 19+00 20+00 21+00 22+00 23+00 24+00 25+00 Abut 1
BENT 2 BENT 3 BENT 4 BENT 5 BENT 6 BENT 7 BENT 8 BENT 9 Abut 10 1102'-9" MEASURED ALONG "PB" LINE
EBBB
90'-3"115'-0"115'-0"117'-0"230'-0"113'-0"115'-0"115'-0"92'-6" FG = Approx OG
AT Ala 80 6.3/7.0

MAINTENANCE AGREEMENT WITH CITY OF BERKELEY
PG
1'-6" Shld
PATH
PED
EE
"PB" LINE
F
D
F
D
6'-3"
TRAIL
SF BAY
Approx OG = FG
Exist FENCE

BIKE PATH
9'-0"
PED
5'-0"
*
*
*

MAINTAINED BY CITY
*
*
*

GILMAN POC

NO SCALE
LEGEND:

MAINTAINED BY CITY*

EXHIBIT B

NO SCALE
-1.5%
*
*
*
2'-0"
2'-8"
DECK
LEVEL
1'-0"

INSIDE FACE
prior to deck pour.

Curb reinforcement must be in place
NOTE:
(EPOXY COATED)
#4 @ 12

END POST DECK OR WALL JOINT
Š" Galv CABLE THREADED THROUGH
…" Á HOLES IN INTERMEDIATE POSTS

CUT FABRIC TO CLEAR PAD
11 Ga STEEL WIRE TIES
@ 12 TO CABLE

OVER END POST
8'-0" WIDE CHAIN LINK FABRIC
1" MESH. KNUCKLED SELVAGE

TOP AND BOTTOM

FABRIC CONTINUOUS

AT EXPANSION JOINTS

SECURE FABRIC TO INTERMEDIATE POSTS
WITH ‚" Á HEX HEAD SELF TAPPING SCREWS
WASHERS AT 15 C-C, Max
WITH Â ‰" x ƒ" x 1ƒ"
L 3" x 2" x ‚"
HSS 2" x 2" x ‰"
9"
3" ClrMax
1" 9"
4'-0" Min and 8'-0" Max 8'-0" Max 1'-0"
ƒ" = 1'-0'
ELEVATION - CHAIN LINK RAILING TYPE 7 (MOD)
LENGTH FOR PAYMENT OF CHAIN LINK RAILING TYPE 7 (Mod)

LIGHT POST
HSS 3" x 2" x ‰"
HSS 3" x 3" x Š" HSS 3" x 2" x ‰"
SEE NOTE 1

ELECTROLIER,
Electrolier
Chain Link Railing Type 7 (Mod)
8" Wide Concrete Curb
"APPROVE OR EQUAL"
ECOBRA EC3-10M-MV-NW-3-GY-700-WL

ALL LIGHTS ON STRUCTURE ARE LEOTEK
F
E
D

1. NOTES:

PAGE 1 OF 2
8" CONCRETE CURB
…" = 1'-0"

A
A
BB
WB I-80
EB I-80
G
IL
M
AN

S
T
R
EET

EB OFF-RAMP

WB ON-RAMP
175 6 7
175 6
1 7 5
6 34'-0"
PAGE 2 OF 2
(CURTAIN WALL DETAILS)AT Ala 80 6.3/7.0

MAINTENANCE AGREEMENT WITH CITY OF BERKELEY

EXHIBIT B
3'-11 "±
1'-11"±
2'-0"±
OG FG
88'
16'13' 72' 96'
H=11' H=14' H=16' H=18' H=16' H=15'
TOP OF Ftg
10+00
DATUM ELEV -10.00

13.85 14.85

11.85 12.8514.85

17.85 13.85
13+0012+0011+00
H=15'
88'
5'
H=15'
9'-3" 5'
H=18'(Mod)
13'-5"
NOTE 2NOTE 2
16'-8"
8'
NOTE 2
21-2"
NOTE 2
11'
22'-10"
78'-3"60'-1"
314'-4" (MEASURED ALONG WALL LOL)
Exp Jt

SPACING

28.19 28.54 28.66 29.30 29.49

29.59 WALL

CURTAIN
BEGIN
WALL

CURTAIN
END
@ 24' Max (Typ)

WEAKENED PLANE
LOL 10+66.83
"C5" 176+24.80=
LOL 11+00.00
"C5" 176+51.14=
LOL 12+13.17
"C5" 176+48.86=
LOL 12+42.00
"C5" 176+25.05=

TOP OF CURTAIN WALL
FILLER
1" Exp Jt
FILLER
1" Exp Jt
34'-0"
Min
2:1 OR

FLAT T E
R
1'
10"
XX.XX
XX.XX
NOTE:

AT THE DISTRICT OFFICE.

CONTACT RIGHT OF WAY ENGINEERING

FOR ACCURATE RIGHT OF WAY DATA,

INDICATED TOP OF FOOTING ELEVATION

INDICATES TOP OF WALL ELEVATION
LEGEND:

APPROXIMATE LOCATION OF ACCESS DOOR
x
x
x
x
x

L A ST R E V ISION

ST A TE O F C A L IFO R N IA - D E PA R T M E N T O F T R AN SP O R T A T ION T IM E PL O TTE D =>
DA TE PL O TTE D =>
1:15:33 PM
2/3/2021

C H E C K E D B Y

D E SIGN E D B Y

C A L C U L A TE D - R E V ISE D B Y

DA TE R E V ISE D

C ON SU LT AN T FUN C T IONA L SU PE R V ISO R
RR
10-30-20
USERNAME => p006407D
DGN FILE => Maintenance Agreement - Exhibit B pg2.dgn

RELATIVE BORDER SCALE

IS IN INCHES
0 1 2 3
UNIT 0727 PROJECT NUMBER & PHASE 04200002881BORDER LAST REVISED 8/1/2016

C H R IS SE GU R SA SAN DAN E SHVA R

73.17' Rt "C5" 175+57.41
LOL 10+00.00 =

BEGIN CURTAIN WALL

75.09' Lt "C5" 175+53.30
LOL 13+14.00 =

END CURTAIN WALL
"C5" LINE
LOL 12+42.00

76.21' Lt "C5" 176+25.05 =
LOL 12+13.17

60.10' Lt "C5" 176+48.86 =
LOL 11+00.00

52.95' Rt "C5" 176+51.14 =
LOL 10+66.83

73.44' Rt "C5" 176+24.80 =
EDGE OF Exist DECK
SCALE: 1"=20'
PLAN
(Typ)

ELEVATION

PANEL AND ACCESS DOOR

NO SCALE
AND V ar
PANEL

CURTAIN
11' T O 16'
8'

SCALE: 1"=20'

DEVELOPED ELEVATION

CURTAIN WALL
Exist BRIDGE DECK

TOP OF WALL
Exist GIRDER
POINT

CONTROL
SLOPE

WALL LOL
FG
4"
1'-6"
M in

NO SCALE

SECTION A-A
(WHERE PRESENT)
Exist BRIDGE COLUMN
WALL

CURTAIN
FG

WALL LOL

TOP OF WALL
9'-0" ±
3'-0" ±
3'-0" ±
10"
1'-6" M in
4"

NO SCALE

SECTION B-B
1 1

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
July 23, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Eleanor Hollander, Economic Development Manager, Office of Economic Development; Terrance Davis, Director, Public Works Subject: Change Football Game Day Parking Restrictions in Residential Preferential Parking Zones

RECOMMENDATION
Adopt a Resolution modifying parking restrictions in specified Residential Preferential Parking (RPP) zones on University of California, Berkeley (UC Berkeley) home football game days as follows:

1. Remove game day parking restrictions and enforcement in RPP zones G and F north of UC Berkeley campus;

2. Allow visitor parking on game days in RPP zones B and D for up to two-hours with enhanced fines (per Resolution No. 69,089-N.S., adopted September 10, 2019, enhanced fines on football game days are $225);

3. Allow parking on game days on a one-block stretch of Bancroft Way between College Avenue and Bowditch Street for up to two-hours;

4. Allow parking on game days on College Avenue between Dwight Way and Parker Street for up to two-hours with enhanced fines;

5. Allow parking on game days on Oxford Street between Hearst Avenue and Center Street.

FISCAL IMPACTS OF RECOMMENDATION
The recommendation will result in a net cost of $177,120 based on the following:
• Implementing the recommendation for the 2024 football season will incur a one-time capital cost of $53,120 for approximately 500 decals and approximately $20,000 in labor to update signage in RPP zones A, B and D;
• Allowing parking on certain metered streets on game days would increase parking revenue by about $3,000 per year; and
• Citation revenues will be reduced by approximately $107,000 from eliminating football game day parking restrictions in RPP zones G and F.

CURRENT SITUATION AND ITS EFFECTS

Change Football Game Day Parking Restrictions in
Residential Preferential Parking Zones CONSENT CALENDAR July 23, 2024

The UC Berkeley football season typically spans 12 games between August and November. Up to seven games per year are played at California Memorial Stadium (“stadium”), near the eastern end of Bancroft Avenue. Most home games occur on Saturday afternoons or evenings, and attract on average 39,000 fans per game.

Public outreach to the Telegraph Business Improvement District, Elmwood Business Association, and Visit Berkeley identified that merchants, customers, and visitors find access on game days difficult and unwelcoming due to parking restrictions seen as increasingly onerous.

This recommendation will advance the City’s Strategic Plan goal to foster a dynamic, sustainable, and locally-based economy.

Existing Game Day Parking Restrictions
As shown in Attachment 2, 2023 parking restrictions and enforcement on football game days include:
• “Enhanced Fine Areas” on streets within one half-mile of the stadium (including portions of RPP zones F and G north of campus and portions of RPP zones B, D, K, and I south of campus), where vehicles without a valid RPP permit are subject to a one-time fine of $225;1
• Tow-away zones for all vehicles on certain streets close to campus; 2 • Tow-away areas for vehicles without a valid RPP permit on streets within one quarter- mile of the stadium (including portions of RPP zones D and I), where demand was heaviest on the game day analyzed in Fall 2017.

Recommendation: Modify Game Day Parking Restrictions
This recommendation will ease parking restrictions in certain areas to improve access for customers and visitors on UC Berkeley football game days. As shown in Attachment 3 the recommended modifications will:

1. Remove game day parking restrictions and enforcement in RPP zones F and G north of UC Berkeley campus, allowing visitors to drive and park near businesses in the Northside neighborhood, generating revenue for local businesses;

2. Allow visitor parking on game days in RPP zones B and D for up to two-hours, with enhanced fines, so that visitors can park near amenities such as the Claremont Library, Willard Park, and the Berkeley Playhouse, among others; 1 Low-income residents and visitors who may not be able to afford this fine have the option to request a payment plan (Assembly Bill 503), as well as applying to perform Community Service in lieu of paying for parking citations.
2 For example: Piedmont Avenue between the stadium and Channing Way, Bancroft Way between Warring Street and Bowditch Street, and College Avenue between Bancroft Way and Dwight Way.

Change Football Game Day Parking Restrictions in
Residential Preferential Parking Zones CONSENT CALENDAR July 23, 2024

3. Allow parking for up to two-hours on game days on a one-block stretch of Bancroft Way between College Avenue and Bowditch Street to allow customers to access businesses on Bancroft Way;

4. Allow parking for up to two-hours on game days on College Avenue between Dwight Way and Parker Street with enhanced fines to allow visitors to park near places of worship and the Berkeley Playhouse; and

5. Allow parking on game days on Oxford Street between Hearst Avenue and Center Street to allow visitors to park near businesses and destinations in Downtown Berkeley, generating revenue for businesses.

BACKGROUND
Staff developed this recommendation in response to feedback from the Telegraph and Elmwood business communities, who told Staff that the lack of available visitor parking near business districts combined with enhanced fines has made shopping and dining near their districts more difficult on game days. A survey distributed to businesses in April 2024, showed that 80% of businesses in the Telegraph and Elmwood business districts agree that easing on-street parking restrictions would enhance the customer experience and increase revenue for their businesses.

In addition, UC Berkeley is joining a new athletic conference in 2024, the Atlantic Coast Conference (ACC). The move to the ACC is expected to bring thousands of visitors to the City in 2024 to attend football games, many of which will be visiting the City for the first time. Easing parking restrictions in some RPP zones on game days will create a more welcoming environment and a positive experience and generate revenue for local businesses on game days.

Lastly, many celebrated City amenities are located in RPP zones A, B, D, F and G, including portions of the Telegraph and Elmwood business districts, businesses and restaurants on Euclid Avenue, parks, trails, paths, schools and other institutions.

Demand for these amenities exists on Saturdays in the fall regardless of whether a football game is occurring that day. Easing parking restrictions in certain RPP zones on game days will allow residents and visitors the option to access the City’s celebrated amenities by car.

Public Outreach
Public Works and Office of Economic Development staff gathered feedback from the following stakeholders:
 City of Berkeley Special Events 11/2/2023
 District 8 Councilmember Office 11/7/2023
 Visit Berkeley 11/8/2023
 Telegraph Business Improvement District 12/12/2023
 Cal Special Events & Transportation 2/1/2024

Change Football Game Day Parking Restrictions in
Residential Preferential Parking Zones CONSENT CALENDAR July 23, 2024

 Elmwood Business Association 2/16/2024
 Fire/Police/Parking Enforcement 1/18/2024, 3/6/2024, 3/12/2024  Berkeley Business District Network 4/19/2024
 Berkeley Neighborhoods Council 4/13/2024
In addition, a survey was conducted and provided to property owners, business owners, employees of the Telegraph and Elmwood business districts and yielded the following results.

The full list of survey questions and responses are in Attachment 4 and comments from the stakeholders above were considered and addressed in this recommendation.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Allowing visitor parking in some RPP zones on football game days may encourage some to drive a vehicle to their destination and could result in additional instances of the “two-hour shuffle” (i.e., moving a vehicle every two hours to avoid a ticket). These behaviors could result in an incremental increase in greenhouse gas emissions.

However, allowing visitor parking for up to two-hours in RPP zones B and D could also reduce vehicle emissions because drivers may spend less time searching for areas in which on-street parking is allowed. Overall, the environmental impacts of this recommendation are difficult to forecast, but most likely negligible.

RATIONALE FOR RECOMMENDATION
Game day parking restrictions were introduced through a pilot program in 2007, made permanent in 2008, and enhanced in 2019. The game day parking restrictions from the 2023 football season were developed independently of business interests in the Telegraph, Elmwood, and Northside commercial districts, as they represent the best

Change Football Game Day Parking Restrictions in
Residential Preferential Parking Zones CONSENT CALENDAR July 23, 2024

solution for managing game day traffic and parking needs. This new recommendation balances both neighbor and merchant interests and leaves in place parking restrictions that discourage driving vehicles to attend football games.

ALTERNATIVE ACTIONS CONSIDERED
Council could decide not to approve this recommendation, and Public Works could continue implementing the football game day parking restrictions as they exist today.

However, the City would still be obligated to spend about $40,000 to update decals on parking signs per the 2024 football game day dates.

CONTACT PERSON
Kieron Slaughter, Chief Strategist, Office of Economic Development (510) 981-2490 Wahid Amiri, Deputy Director, Public Works (510) 981-6396 Joshua Brett, Assistant Planner, Public Works (510) 981-7064 Attachments:
1: Resolution
2: 2023 Football Game Day Parking Restrictions
3: Recommended 2024 Football Game Day Parking Restrictions Map

4. Cal Football Gameday Parking Survey

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

AUTHORIZE THE CITY MANAGER TO MODIFY PARKING RESTRICTIONS IN

SPECIFIED RESIDENTIAL PREFERENTIAL PARKING (RPP) ZONES AND NEAR

BUSINESS DISTRICTS ON UC BERKELEY FOOTBALL GAME DAYS
WHEREAS, the UC Berkeley football season typically spans 12 games between August and November. Up to seven games per year are played at California Memorial Stadium (“stadium”), near the eastern end of Bancroft Avenue. Most home games occur on Saturday afternoons or evenings, and attract on average 39,000 fans per game; and WHEREAS, on September 16, 2008, the Council adopted Resolution No. 64,192-N.S., which doubled parking fines in RPP zones A, B, and D during UC Berkeley football game days; and
WHEREAS, on September 10, 2019, the City Council adopted Resolution No. 69,089- N.S., which established “Enhanced Fine Areas” to prohibit parking without a valid RPP permit in portions of RPP zones B, D, F, G, and I; and
WHEREAS, feedback from the Telegraph and Elmwood business communities indicate that the prohibition of game day visitor parking in certain RPP zones near business districts combined with enhanced fines on game days has made shopping and dining near their districts more difficult; and
WHEREAS, opening certain streets near commercial and institutional amenities on game days will improve access for customers and visitors; and WHEREAS, easing parking restrictions in some RPP zones on game days will create a more welcoming environment and a positive experience for visitors on game days.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is directed to update game day parking restrictions to remove parking restrictions and enforcement in RPP zones F and G north of UC Berkeley campus; allow visitor parking on game days in RPP zones B and D for up to two-hours with enhanced fines; allow parking on game days on a one-block stretch of Bancroft Way between College Avenue and Bowditch Street for up to two-hours; allow parking on game days on College Avenue between Dwight Way and Parker Street for up to two-hours with enhanced fines; and allow parking on game days on Oxford Street between Hearst Avenue and Center Street.

This material is available in alternative formats upon request. Alternative formats include audio-format, braille, large print, electronic text, etc. Please contact Office Specialist, Guillermo Campos ([email protected] | 510-981-6454), and allow 7-10 days for the production of the material in an alternative format.

WHERE are the restrictions?
As shown in the map at right, on game days
in RPP Areas A, B, D, I, K, F, and G...

M A
J B D
L
I
F
G
K
I
California
Memorial
Stadium
DWIGHT

BANCROFT
ETNA

WARRING

PROSPECT
HASTE

PIEDMONT

PIEDMONT

WARRING
DURANT

CHANNING

COLLEGE
¯
0 10.5
Miles
Proposed New Tow
Zone For Non-
Permit Holders
Double Fine Area
(200%)
Exisiting Football
Tow Zones
Enhanced Fine
Area for Non-Permit
Holders ($225)
Existing tow-away areas. See signs for
restrictions.

M A
J B D
L
I
F
G
K
I
California
Memorial
Stadium
DWIGHT

BANCROFT
ETNA

WARRING

PROSPECT
HASTE

PIEDMONT

PIEDMONT

WARRING
DURANT

CHANNING

COLLEGE
¯
0 10.5
Miles
Proposed New Tow
Zone For Non-
Permit Holders
Double Fine Area
(200%)
Exisiting Football
Tow Zones
Enhanced Fine
Area for Non-Permit
Holders ($225)
Parking requires a valid RPP permit.

All other vehicles will be towed.

M A
J B D
L
I
F
G
K
I
California
Memorial
Stadium
DWIGHT

BANCROFT
ETNA

WARRING

PROSPECT
HASTE

PIEDMONT

PIEDMONT

WARRING
DURANT

CHANNING

COLLEGE
¯
0 10.5
Miles
Proposed New Tow
Zone For Non-
Permit Holders
Double Fine Area
(200%)
Exisiting Football
Tow Zones
Enhanced Fine
Area for Non-Permit
Holders ($225)
Parking requires a valid RPP permit.

All other vehicles are subject to a $225
fine.

M A
J B D
L
I
F
G
K
I
California
Memorial
Stadium
DWIGHT

BANCROFT
ETNA

WARRING

PROSPECT
HASTE

PIEDMONT

PIEDMONT

WARRING
DURANT

CHANNING

COLLEGE
¯
0 10.5
Miles
Proposed New Tow
Zone For Non-
Permit Holders
Double Fine Area
(200%)
Exisiting Football
Tow Zones
Enhanced Fine
Area for Non-Permit
Holders ($225)
Visitors without a valid RPP permit may
park for up to two (2) hours, and are subject
to double normal fine amounts for violations.

M A
J B D
L
I
F
G
K
I
California
Memorial
Stadium
DWIGHT

BANCROFT
ETNA

WARRING

PROSPECT
HASTE

PIEDMONT

PIEDMONT

WARRING
DURANT

CHANNING

COLLEGE
¯
0 10.5
Miles
Proposed New Tow
Zone For Non-
Permit Holders
Double Fine Area
(200%)
Exisiting Football
Tow Zones
Enhanced Fine
Area for Non-Permit
Holders ($225)
Telegraph Ave
Russell St
Parker St
Dwight Way
Cedar St
Hearst Ave
Oxford St
Belrose Ave
Derby St
Woolsey St
College Ave
Ashby Ave
2023 UC Berkeley Football Game Day
Parking Enforcement in Residential Areas
WHAT is being enforced?
Parking enforcement in some residential areas around Cal Memorial Stadium on UC more restrictive for visitors without a valid Residential is Berkeley football home game days Preferential Parking (RPP) permit.

WHEN will the rules be enforced?
8AM - 11PM
9, 16, 30
7, 28
September
October
November
11 Attachment 2

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3

Cal Football Gameday Parking Survey Results - 2024
Attachment 4

1 CONSENT CALENDAR
July 23, 2024
To: Honorable Mayor and Members of the City Council
From: Hansel Alejandro Aguilar, Director of Police Accountability Submitted by: Hansel Alejandro Aguilar, Director, Office of the Director of Police Accountability
Subject: Lease for Office Space for the Office of the Director of Police Accountability (ODPA) at 1900 Addison Street

RECOMMENDATION
Adopt first reading of an Ordinance authorizing the City Manager to execute a ten-year lease agreement with The Shamszad Family Living Trust for the property located at 1900 Addison Street, Suites 300 and 350, with a lease term beginning on September 1, 2024.

SUMMARY
This report outlines the necessity for leasing new office space for the ODPA to enhance operational efficiency, public accessibility, and community engagement in alignment with best practices in the field and the City’s strategic goals.

The current office space has become inadequate due to the expanding scope and responsibilities of the ODPA. This relocation to 1900 Addison Street is strategically chosen to provide a more accessible, centrally located, and spacious environment for both the staff and the public. The new location will significantly improve our ability to conduct thorough oversight and ensure transparency, thereby fostering greater public trust.

By moving to 1900 Addison Street, the ODPA will be better positioned to facilitate confidential meetings, provide a welcoming space for community interactions, and host public forums. The larger and modernized space will support the technological and logistical needs of the ODPA, including necessary IT infrastructure upgrades and dedicated areas for staff and board member training. This transition aligns with the best practices in civilian oversight as recommended by the National Association of Civilian Oversight of Law Enforcement (NACOLE) and other oversight bodies.

FISCAL IMPACTS OF RECOMMENDATION
Leasing the proposed office space will require an allocation of funds as detailed in the FY 2025-2026 budget. The estimated annual lease cost for the new office space at 1900 Addison Street includes rent, utilities, and maintenance. The lease has an initial term of ten (10) years with an estimated cost of approximately $1,779,588.34. The annual cost breakdown for the term is as follows:

Lease for Office Space for the Office of the Director of Police Accountability (ODPA) at 1900 Addison Street

CONSENT CALENDAR
July 23, 2024
Year Annual Cost Monthly
Rate
1 $150,122.50 $13,647.50
2 $167,045.40 $13,920.45
3 $170,386.32 $14,198.86
4 $173,794.08 $14,482.84
5 $177,269.88 $14,772.49
6 $180,815.28 $15,067.94
7 $184,431.60 $15,369.30
8 $188,120.28 $15,676.69
9 $191,882.64 $15,990.22
10 $195,720.36 $16,310.03
Additionally, an estimated one-time expense of $150,000 is required for initial setup, including necessary IT infrastructure, security upgrades and furnishing. These additional, non-recurring expenditures will be covered by existing ODPA salary savings for FY 2023- 2024.

The lease costs are included in the ODPA's proposed budget, funded entirely through the General Fund. This allocation ensures that the ODPA can operate within its financial means while securing a facility that meets its growing needs. The investment in this new office space is seen as a strategic use of funds that will support the long-term effectiveness and sustainability of the ODPA's operations.

According to the ODPA FY 25-26 Budget Presentation 1, the new office location is essential to accommodate the expanding needs of the department and enhance operational efficiency. The budget includes provisions for necessary IT upgrades, enhanced security measures, and furniture that will support a modern and efficient working environment. The cost of these improvements is justified by the anticipated gains in productivity and the ability to better serve the community. For context the ODPA was previously paying rent at a rate of $139,260 per year when located in the 1 st FLOOR of 1947 Center Street, which was a considerable smaller location than the proposed space in 1900 Addison.
1 ODPA FY 25-26 Budget Presentation: https://berkeleyca.gov/sites/default/files/legislative-body-meeting- attachments/2024-05-09 Item 1b. ODPA FY25-26 Budget Presentation.pdf

Lease for Office Space for the Office of the Director of Police Accountability (ODPA) at 1900 Addison Street

CONSENT CALENDAR
July 23, 2024

CURRENT SITUATION AND ITS EFFECTS
The proposed office lease aligns with the City's Strategic Plan 2, City Charter, and NACOLE Principles of effective oversight goals3.

Specifically, the City’s Strategic Plan endeavors to:
 Provide state-of-the-art, well-maintained infrastructure, amenities, and facilities: The new office space at 1900 Addison Street will offer modern, well- equipped facilities that support the operational needs of the ODPA. This includes updated meeting rooms, confidential interview spaces, and areas for public interaction, all designed to enhance the functionality and professionalism of the office. The NACOLE report emphasizes the importance of having adequate facilities to conduct effective oversight and ensure the independence of oversight bodies.
 Provide an efficient and financially-healthy City government: By relocating to a more suitable and strategically located office, the ODPA can optimize its operations, reduce inefficiencies associated with the current inadequate space, and better manage its resources. This move is expected to result in cost savings over time due to reduced maintenance issues and improved energy efficiency. The new location will also facilitate better coordination among staff and streamline workflows, as highlighted in the ODPA FY 25-26 Budget Presentation.  Champion and demonstrate social and racial equity: The new location will improve accessibility for all community members, particularly those from marginalized and underserved groups. Enhanced public engagement spaces will facilitate better community involvement in oversight processes, ensuring that the ODPA's work is inclusive and reflective of the diverse population it serves. This move aligns with the City's commitment to social and racial equity by providing a welcoming and accessible environment for all stakeholders. The NACOLE report underscores the importance of community engagement and the need for oversight bodies to be physically accessible to the public.

Additionally, Berkeley Charter Section 125 4, Police Accountability Board and Director of Police Accountability, requires commitment to the following:
 Promote Public Trust: The Charter establishes the Police Accountability Board to promote public trust through independent, objective, civilian oversight of the Berkeley Police Department, providing community participation in setting and reviewing police policies, practices, and procedures (Section 125(1)). This foundational principle underscores the necessity for the ODPA to have adequate 2 City of Berkeley Strategic Plan: https://berkeleyca.gov/your-government/our-work/strategic-plan 3 NACOLE Thirteen Principles for Effective Oversight: https://www.nacole.org/principles 4 Berkeley City Charter Section 125: https://berkeley.municipal.codes/Charter/125

Lease for Office Space for the Office of the Director of Police Accountability (ODPA) at 1900 Addison Street

CONSENT CALENDAR
July 23, 2024
facilities to conduct its work transparently and efficiently, fostering trust and confidence in the oversight process.
 Impartial and Fair Investigations: The Director of Police Accountability is tasked with investigating complaints against sworn employees of the Berkeley Police Department to reach independent findings and recommend corrective actions where warranted (Section 125(1)) . Adequate office space is critical to ensure that investigations are conducted in a confidential and professional environment, free from disruptions, and with the necessary resources at hand.  Community Engagement: The Charter mandates the Board and Director to meet periodically with stakeholders, including civil rights organizations and communities of color, to solicit input on their work, emphasizing the need for accessible and adequate facilities to support these interactions (Section 125(14)(m)) . A well- located, properly-equipped office space at 1900 Addison Street will provide the necessary infrastructure to host community meetings, workshops, and other engagement activities that are vital for maintaining a strong relationship with the public and to ensure community voices are heard.

The inherited office space in 1947 Center Street was inadequate for the expanding needs of the ODPA and the Police Accountability Board (PAB). The limitations of the existing location hinder the ODPA's ability to conduct effective oversight, host community meetings, and provide confidential spaces for sensitive discussions. The ODPA memo dated April 13, 2024 5 outlines the necessity for additional space to support the growing staff and the increasing volume of work.

Relocating to the larger, more accessible location at 1900 Addison Street will address the above issues, enabling the ODPA to fulfill its mandate more effectively. This move supports the Board’s directive under Berkeley Charter Section 125 by ensuring that the ODPA has the necessary facilities to conduct impartial and comprehensive oversight of the Berkeley Police Department. The enhanced office space will support the ODPA's mission to promote accountability and transparency in policing practices, thereby fostering greater public trust and engagement.

The investment in new office space aligns with best practices in the field, as outlined in the NACOLE report6, which highlights the critical role of adequate facilities in the success of civilian oversight bodies. By providing a modern, well-equipped, and accessible office space, the City of Berkeley demonstrates its commitment to effective oversight, 5 ODPA memorandum titled “Budget Request for ODPA-PAB Operations for FY 2025-2026”:
https://berkeleyca.gov/sites/default/files/legislative-body-meeting-attachments/2024-04- 17%20PAB%20Regular%20Meeting%20Packet.pdf#page=30
6 NACOLE report titled “The Evolution and Growth of Civilian Oversight: Key Principles and Practices for Effectiveness and Sustainability (Executive Summary)”:
https://portal.cops.usdoj.gov/resourcecenter/RIC/Publications/cops-w0951-pub.pdf

Lease for Office Space for the Office of the Director of Police Accountability (ODPA) at 1900 Addison Street

CONSENT CALENDAR
July 23, 2024
operational efficiency, and community engagement. Specifically, the NACOLE report emphasizes that:
 Adequate facilities are essential for oversight bodies to perform their functions effectively, ensuring they have the space and resources needed to conduct investigations, hold hearings, and engage with the community.  Proper office space enhances the credibility and visibility of the oversight body, making it more accessible to the public and ensuring that community members feel welcome and supported when bringing forward complaints or participating in oversight activities.
 Modern, well-maintained facilities reflect a commitment to professional standards and operational excellence, which are crucial for maintaining public trust and ensuring the legitimacy of the oversight process.

Given these considerations, it is clear that the current office space is insufficient to meet the demands placed on the ODPA. The relocation to 1900 Addison Street will not only address these immediate needs but also position the ODPA for future growth and success. By approving this lease, the City Council will be taking a significant step toward strengthening civilian oversight of the Berkeley Police Department, enhancing public trust, and supporting the City's strategic goals of providing state-of-the-art infrastructure, operational efficiency, and social and racial equity. The Council's approval of this lease is therefore essential for the continued effectiveness and credibility of the ODPA.

Lastly, the NACOLE’s principles for effective oversight7 indicate that:

The investment in new office space aligns with best practices in the field, as outlined in the NACOLE report, which highlights the critical role of adequate facilities in the success of civilian oversight bodies. By providing a modern, well-equipped, and accessible office space, the City of Berkeley demonstrates its commitment to effective oversight, operational efficiency, and community engagement.

NACOLE’s Thirteen Principles for Effective Oversight emphasize several key factors that directly relate to the necessity of a suitable office space for the ODPA:

Confidentiality, Anonymity, and Protection from Retaliation: Effective civilian oversight must function with the same integrity, professionalism, and ethical standards it expects from and promotes for law enforcement.

Stakeholders and the community must remain confident that civilian oversight will protect sensitive information as well as those who disclose it.

An oversight agency cannot maintain credibility, legitimacy, and public trust if it does not or cannot respect confidentiality agreements, maintain the 7 NACOLE Thirteen Principles for Effective Oversight: https://www.nacole.org/principles

Lease for Office Space for the Office of the Director of Police Accountability (ODPA) at 1900 Addison Street

CONSENT CALENDAR
July 23, 2024
anonymity of those who wish to share information anonymously, and work toward creating an environment where those involved with or contacting the oversight agency can do so without fear of retaliation or retribution.

The current office space is inadequate for ensuring the confidentiality and anonymity required for sensitive investigations and interactions. The new office at 1900 Addison Street will provide dedicated, secure spaces for confidential interviews and meetings, protecting the identities of complainants and witnesses and ensuring that information is handled with the utmost care.

Adequate Funding and Operational Resources: NACOLE underscores the importance of adequate funding and resources to support the operations of oversight bodies. Relocating to a larger, well-equipped office at 1900 Addison Street will provide the necessary infrastructure and resources to support the ODPA's growing needs and responsibilities.

Public Reporting and Transparency: Transparency is a cornerstone of effective civilian oversight. The new office space will allow the ODPA to host public meetings, engage with the community, and provide a transparent process for addressing complaints and oversight issues. This aligns with NACOLE’s principle of ensuring public reporting and transparency to build trust within the community.

Community Outreach and Involvement: NACOLE highlights the importance of community outreach and involvement in the oversight process. The new office space will facilitate better community engagement by providing accessible meeting spaces for community members, stakeholders, and other City departments, enhancing the ODPA’s ability to conduct effective outreach and involve the public in oversight activities.

Relocating to a larger, more accessible location at 1900 Addison Street will address the above issues, enabling the ODPA to fulfill its mandate more effectively. This move supports the Board’s directive under Berkeley Charter Section 125 by ensuring that the ODPA has the necessary facilities to conduct impartial and comprehensive oversight of the Berkeley Police Department. The enhanced office space will support the ODPA's mission to promote accountability and transparency in policing practices, thereby fostering greater public trust and engagement.

The investment in new office space aligns with best practices in the field, as outlined in the NACOLE report8, which highlights the critical role of adequate facilities in the success 8 NACOLE report titled “The Evolution and Growth of Civilian Oversight: Key Principles and Practices for Effectiveness and Sustainability (Executive Summary)”:
https://portal.cops.usdoj.gov/resourcecenter/RIC/Publications/cops-w0951-pub.pdf

Lease for Office Space for the Office of the Director of Police Accountability (ODPA) at 1900 Addison Street

CONSENT CALENDAR
July 23, 2024
of civilian oversight bodies. By providing a modern, well-equipped, and accessible office space, the City of Berkeley demonstrates its commitment to effective oversight, operational efficiency, and community engagement. Specifically, the NACOLE report emphasizes that:
 Adequate facilities are essential for oversight bodies to perform their functions effectively, ensuring they have the space and resources needed to conduct investigations, hold hearings, and engage with the community.  Proper office space enhances the credibility and visibility of the oversight body, making it more accessible to the public and ensuring that community members feel welcome and supported when bringing forward complaints or participating in oversight activities.
 Modern, well-maintained facilities reflect a commitment to professional standards and operational excellence, which are crucial for maintaining public trust and ensuring the legitimacy of the oversight process.

Given these considerations, it is clear that the current office space is insufficient to meet the demands placed on the ODPA. The relocation to 1900 Addison Street will not only address these immediate needs but also position the ODPA for future growth and success. By approving this lease, the City Council will be taking a significant step toward strengthening civilian oversight of the Berkeley Police Department, enhancing public trust, and supporting the City's strategic goals of providing state-of-the-art infrastructure, operational efficiency, and social and racial equity. The Council's approval of this lease is therefore essential for the continued effectiveness and credibility of the ODPA.

BACKGROUND
The Office of the Director of Police Accountability (ODPA) and the Police Accountability Board (PAB) have evolved from the foundational work of the Police Review Commission (PRC), which was established in 1973. The PRC was created to oversee the Berkeley Police Department (BPD) and provide civilian oversight. However, over the years, the need for more robust and effective oversight mechanisms became apparent.

Measure II and the Establishment of the ODPA and PAB 9: In 2020, Berkeley voters approved Measure II, a pivotal initiative that significantly restructured civilian oversight of the police. Measure II led to the dissolution of the PRC and the creation of the ODPA and the PAB in 2021. This transition marked a substantial enhancement in the City’s approach to police accountability, with the ODPA and PAB being granted more authority, resources, and responsibilities than the PRC.
9 Resolution No. 69,531 N.S.:
https://records.cityofberkeley.info/PublicAccess/api/Document/AUy9aoUPUHKER1E1yp3fD2Uv1pGRbkd 2fZSecRcD%C3%89rsJEhoXP%C3%81%C3%81gacmcnuWx2bTI4uYOwTAJSLMEnMWJLcBivpk%3D/

Lease for Office Space for the Office of the Director of Police Accountability (ODPA) at 1900 Addison Street

CONSENT CALENDAR
July 23, 2024
 Enhanced Authority and Mandate: Measure II provided the ODPA and PAB with the authority to conduct independent investigations into complaints against police officers, review police policies and practices, and make recommendations for improvements. The PAB, supported by the ODPA, is mandated to ensure that the BPD operates transparently and is accountable to the community.  Increased Resources and Support: Measure II also ensured that the ODPA and PAB were adequately funded to fulfill their expanded roles. This includes staffing, operational budgets, and the necessary infrastructure to conduct comprehensive oversight.

Challenges of the Current Office Space: Despite these advancements, the current office space for the ODPA and PAB is inadequate for their expanding needs. Several critical challenges arise from this inadequacy:

1. Inadequate Space for Staff: The ODPA has seen significant growth in staff numbers to handle the increased workload and responsibilities. The current office space is insufficient to accommodate all staff members, leading to cramped working conditions that hinder productivity and collaboration.

2. Insufficient Confidential Meeting Areas: The current office lacks dedicated, secure spaces for confidential interviews and sensitive discussions. This deficiency compromises the integrity of investigations and the privacy of individuals who provide information.

3. Limited Community Engagement Facilities: Hosting community meetings is a critical component of the ODPA’s mandate to foster transparency and build public trust. However, the current office is not equipped to accommodate such gatherings, thereby restricting meaningful community involvement and engagement.

4. Security Concerns for Sensitive Information: The existing office does not provide adequate secure storage solutions for sensitive documents, increasing the risk of unauthorized access and potential breaches of confidentiality. Ensuring the protection of sensitive information is crucial for maintaining public trust and the credibility of the ODPA’s work.

Necessity for Expansion: The ODPA memo dated April 13, 2024 underscores the urgent need for additional space to support the department’s operational requirements.

The memo highlights several key points:
 Staff Expansion: The ODPA anticipates continued growth in staff to handle the increasing responsibilities and workload. The current space cannot accommodate this projected expansion.

Lease for Office Space for the Office of the Director of Police Accountability (ODPA) at 1900 Addison Street

CONSENT CALENDAR
July 23, 2024
 Operational Efficiency: A larger office space will enhance operational efficiency by providing appropriate areas for various functions, including confidential interviews, community meetings, and secure storage.
 Professional Standards: To uphold the highest standards of professionalism and integrity, the ODPA requires a modern, well-equipped office environment that supports its mission and operational needs.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Provide state-of-the-art, efficient, and well-maintained infrastructure; reduce inefficiencies and costs via reduced maintenance issues and improved energy efficiency, thereby mitigating negative impact on the environment.

RATIONALE FOR RECOMMENDATION
The proposed lease offers the following benefits for the City:
 Alignment with the best practices in the field and to ensure compliance with Berkeley Charter Section 125.

ALTERNATIVE ACTIONS CONSIDERED
Direct the ODPA to work with the Department of Public Works to identify alternate locations around the city with a budget specified by the City Council.

CONTACT PERSON
Hansel A. Aguilar, Director of Police Accountability, Office of the Director of Police Accountability, 510-981-4950

ATTACHMENTS

1. Draft Ordinance

ORDINANCE NO. -N.S.

AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT FOR

OFFICE SPACE FOR THE OFFICE OF THE DIRECTOR OF POLICE
ACCOUNTABILITY AT 1900 ADDISON STREET
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. FINDINGS
The City Manager, or their designee, is hereby authorized to execute a lease agreement with The Shamszad Family Living Trust for the property located at 1900 Addison Street with a lease term beginning on September 1, 2024 with an initial term of ten (10) years.

The lease shall be on substantially the terms set forth in Exhibit A.

Section 2. AUTHORIZATION FOR CITY MANAGER TO ENTER INTO LEASE AT 1900

ADDISON STREET
The City Manager is hereby authorized to enter into a 10-year lease agreement with the option for a 10-year extension with The Shamszad Family Living Trust for real property located at 1900 Addison Street. Such lease shall be on substantially the terms set forth in Exhibit A.

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

Exhibits
A: Lease Terms and Conditions
B: Floor Plans

Exhibit A: Lease Terms and Conditions

Exhibit B: Floor Plans

Exhibit A: Lease Terms and Conditions

LEASE

By and Between
THE

SHAMSZAD FAMILY LIVING TRUST
("La
ndlord")
and

CITY OF BERKELEY
a Charter City organized and existing under the laws of the State of California ("Tenant")
Dated: September 1, 2024
DocuSign Envelope ID: 1BCB818E-2C92-4F7B-BB6C-8BAEE4F5692C

i

DocuSign Envelope ID: 1BCB818E-2C92-4F7B-BB6C-8BAEE4F5692C

LEASE

BASIC LEASE INFORMATION

1. Landlord: The Shamszad Family Living Trust
2105 Martin Luther King Jr. Way, 2nd Floor
Berkeley, CA 94704
Attn: SG Real Estate, Inc.

Telephone: 510-704-1240
Email Address: [email protected]

2. Tenant: City of Berkeley
2180 Milvia Street
Berkeley, CA 94704

Tenant Contact: Public Works Department – Real Property 1947 Center Street, 5th Floor, Suite 521
Berkeley, CA 94704
Phone: 510-981-6453
Email Address: [email protected] and
[email protected]

3. Effective Date: September 1, 2024

4. Premises: Approximately 5,150 rentable square feet of office space consisting of Suites 300 and 350 located on the third floor of the building commonly known and referred to as 1900 Addison Street, Berkeley, California 94704 (the “Premises”).

5. Permitted Uses: General office, administration, classrooms, and training functions including but not limited to the Police Accountability Board and the Office of the Director of Police Accountability. Any other associated or related legal uses shall be permitted.

6. Initial Term: T en (10) year(s), commencing on the "Effective Date."

7. Base Rent: Monthly Base Rent due during the Term shall be as per the following schedule:

Months Monthly Rent
01 $-0-
02 – 12 $13,647.50
13 – 24 $13,920.45
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2 25 – 36 $14,198.86
37 – 48 $14,482.84
49 – 60 $14,772.49
61 – 72 $15,067.94
73 – 84 $15,369.30
85 – 96 $15,676.69
97 – 108 $15,990.22
109 – 120 $16,310.03

8. Interim Space: From June 1, 2024 through September 1, 2024 or when improvements to the Premises are complete and deemed occupiable, whichever comes first, the landlord agrees to provide alternative office space at 2020 Milvia Street, Berkeley, CA for the Tenant’s use at no cost to the Tenant.

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

LANDLORD'S INITIALS_______ TENANT'S INITIALS_______
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1 LEASE
This Lease Agreement ("Lea se")
is made and entered into as of the effective date specified in Section 3 of the Basic Lease Information, above ("Effective Date"), by and between The Shamszad Family Living Trust ("Landlord"), and the City of Berkeley, a Charter City organized and existing under the laws of the State of California ("Tenant").

1. PREMISES.

1.1. Premises. Landlord is the owner of the land parcel(s) on which the Premises are located (the "Property"). Landlord hereby leases to Tenant, and Tenant leases from Landlord, the Premises together with Tenant Improvements (defined below), if any. A drawing depicting the general location and layout of the demised Premises is attached hereto and incorporated by reference as Exhibit A. Any improvements or alterations existing in the Premises, or otherwise constructed by Tenant or on Tenant's behalf therein (whether under this Lease, or any prior lease or sublease) are referred to in this Lease as "Tenant Improvements." Tenant shall also have non-exclusive use of three (3) parking stalls located on the Property.

2. TERM.

2.1. Initial Term. The "Initial Term" of this Lease shall be as set forth in Section 6 of the Basic Lease Information and shall commence as of the Commencement Date set forth in Section 6 of the Basic Lease Information. The Initial Term together with any Renewal Term(s), if any, are collectively referred to herein as the "Term."

2.2. Renewal Terms. Tenant shall have one (1) option to renew this Lease for a term of ten (10) years (a "Renewal Term").

2.2.1 Rent during Renewal Term. The Base Rent during each Renewal Term shall increase by two percent (2%). The Base Rent for the first year of the Renewal Term shall be equal to the last month Base Rent of the Initial Term times the two percent (2%) increase.

2.2.2 Notice. Tenant will provide Landlord with written notice of its election to renew the Lease with no less than four (4) months and not more than six (6) months, prior to the end of the Initial Term. If Tenants fails to provide such notice, its right to renew the Lease will not expire until fifteen (15) working days after the Tenant's receipt of Landlord's written demand that the Tenant exercise or forfeit the option to renew.

2.2.3 Extension of Term. Upon the commencement of a Renewal Term, all references to the Term of this lease will be deemed to mean the Term as extended pursuant to this Section 2.2.

2.2.4 Interim Space. From June 1, 2024 through September 1, 2024 or when improvements to the Premises are complete and deemed occupiable, whichever comes first, the landlord agrees to provide alternative office space at 2020 Milvia Street, Berkeley, CA for the Tenant’s use at no cost to the Tenant.

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2 3. RENT

3.1. Base Rent, Rent. All Rent under this Lease shall commence as of the Commencement Date. Rent shall be paid as set forth in this Section 3. Tenant shall pay to Landlord, at Landlord's address for payment of Rent designated in Section 1 of the Basic Lease Information, or at such other address as Landlord may from time to time designate in writing to Tenant for the payment of Rent, the Base Rent designated in Section 7 of the Basic Lease Information, without notice, demand, offset or deduction, in advance, on the first day of each month of the Term. Upon execution of this Lease, Tenant shall pay to Landlord the first month's Base Rent. If Rent is due for a period of less than a full month, it shall be prorated for such partial month on the basis of a 30-day month.

3.1.1 Application of Payments. All payments received by Landlord from Tenant shall be applied to the oldest obligation owed by Tenant to Landlord. No designation by Tenant, either in a separate writing, on a check or money order, or otherwise shall modify this clause or have any force or effect.

4. UTILITIES.

4.1. Landlord Utility and Service Costs. Landlord shall pay for all utilities and services required or desired by Tenant in connection with its use or occupancy of the Premises, including: (i) heat and air conditioning; (ii) water; (iii) gas, if applicable; (iv) elevator or lift service, if any; (v) electricity; (vi) sewer; (vii) trash pick-up; and (viii) any other materials, services, or utilities (individually and collectively, the "Services").

4.2. Tenant’s Responsibilities. Tenant will be responsible and pay for any security, telephone service, and information technology (IT) brought into the Premises.

4.3. Conservation and Use Policies. Landlord shall comply with federal, state, or local governmental controls, rules, regulations, or restrictions on the use or consumption of energy or other utilities during the Term.

5. TAXES.

5.1. Taxes. As used in this Lease "Taxes" includes Property Taxes, Possessory Interest Taxes and Personal Taxes. Landlord shall be responsible for paying all Taxes under this Lease.

5.2. Property Taxes. "Property Taxes" means and includes all of the following: all real property taxes, public infrastructure improvement assessments or any other assessments, levies, fees, exactions or charges, general and special, ordinary and extraordinary, unforeseen as well as foreseen (including fees "in lieu" of any such tax or assessment) which are assessed, levied, charged, conferred or imposed by any public authority upon the Property. Nothing contained in this Lease shall require Tenant to pay any franchise, corporate, estate or inheritance tax of Landlord, or any income, profits or revenue tax or charge upon the net income of Landlord.

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3 6. INSURANCE.

6.1. Landlord. Landlord shall maintain insurance or an insurance equivalent insuring the Premises (excluding Tenant's Property and any Tenant Improvements) on an occurrence basis against fire and extended coverage (including, "all risk" coverage, earthquake/volcanic action, flood and/or surface water insurance) similar in type and coverage limits to that carried by Landlord on its other properties. At Landlord’s option, such insurance or insurance equivalent may be carried under any blanket or umbrella policies or other insurance or insurance equivalent which Landlord has in force for other buildings or projects. Landlord may also carry such other insurance as Landlord may deem prudent or advisable, in such amounts and on such terms as Landlord shall determine. All such insurance or insurance equivalent maintained by Landlord pursuant to this Section 6.1 is referred to herein as "Landlord's Insurance."

6.2. Tenant. Tenant may elect to self-insure, jointly-insure, or maintain insurance or an insurance equivalent (including, but not limited to, that offered to a municipality through and by a joint powers authority, a self-insurance pool of liability coverage authorized pursuant to California Government Code Section 6500, or similar collective) insuring against bodily injury and property damage, personal injury, completed operations and products liability. Tenant shall add Landlord as additionally insured to its policy for any property damage. Tenant shall insure Tenant’s personal property located on or in the Premises. All such insurance or insurance equivalent maintained by Tenant pursuant to this Section 6.2 is referred to herein as "Tenant's Insurance."

7. INDEMNITY; LIABILITY EXEMPTION.

7.1. Indemnity. Except to the extent claims are caused by Tenant's sole negligence or willful misconduct, Landlord shall indemnify, protect, defend, and hold harmless Tenant and its elected officials, officers, employees, volunteers, lenders, agents, representatives, contractors and each of their successors and assigns from and against any and all claims, judgments, causes of action, damages, penalties, costs, liabilities, and expenses, including all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon, arising at any time during or after the Term as a result (directly or indirectly) of or in connection with (i) any default in the performance of any obligation on Landlord's part to be performed under the terms of this Lease; (ii) Landlord's use of the Premises, the conduct of Landlord's business or any activity, work or thing done, permitted or suffered by Landlord in or about the Premises or the Property; or (iii) any act, error or omission of Landlord in or about the Property or any portion thereof (collectively, the "Indemnification"). Landlord shall provide such Indemnification by and through counsel reasonably acceptable to Tenant. Without limiting Landlord's Indemnification obligations, Tenant shall be entitled to participate in the defense of any third-party claim that is reasonably likely to give rise to Indemnification claim under this Section 7.1. The obligations of Landlord under this Section 7.1 shall survive the DocuSign Envelope ID: 1BCB818E-2C92-4F7B-BB6C-8BAEE4F5692C

4 expiration or other termination of this Lease with respect to any claims or liability arising prior to such expiration or other termination.

7.2. Exemption of Landlord from Liability. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property including, but not limited to, Tenant's Property and any Tenant Improvements, and injury to or death of persons in, upon or about the Premises or the Property arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except to the extent such claims are caused by Landlord's sole or active negligence or willful misconduct. Tenant hereby agrees that Landlord shall not be liable for injury to Tenant's business or any loss of income therefrom or for damage to the property of Tenant, or injury to or death of Tenant's officers, agents, or employees, or any other person in or about the Premises or the Property, whether such damage or injury is caused by fire, steam, electricity, gas, water or rain, or from the breakage, leakage or other defects of sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether said damage or injury results from conditions arising within or about the Premises or the Property or from other sources or places, and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant, except damage or injury caused solely by Landlord's sole or active negligence or willful misconduct. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant or occupant, if any, of the Premises or the Property except to the extent such damages are cause by Landlord's failure to enforce the terms of any agreements with parties other than Tenant.

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5 8. REPAIRS AND MAINTENANCE

8.1. Roof and Exterior of Premises. Landlord shall keep the roof and exterior of the Premises in good order, condition, and repair, and shall maintain the structural integrity of the Building, including the exterior doors and their fixtures, closers and hinges, exterior windows, glass and glazing, used in the Building. Tenant shall maintain all locks and key systems used in the Premises.

8.2. Interior of Premises. Tenant shall keep and maintain the interior of the Premises in good order, condition and repair. Notwithstanding anything to the contrary, Landlord shall repair damage to the interior caused by its failure to maintain the exterior in good repair, including damage to the interior caused by roof leaks and/or interior and exterior wall leaks. Landlord shall maintain and replace any lighting in the interior of the Premises.

8.3. Utilities. Landlord shall maintain the electrical, replace any lighting in the Premises, water, and plumbing systems of the Premises in good order, condition, and repair.

8.4. HVAC. Landlord shall maintain the heating, ventilating, and air- conditioning ("HVAC") systems of the Premises in good order, condition, and repair.

8.5. Parking, Exterior Lighting, Landscaping. Landlord shall maintain the parking lot, exterior lighting system, and landscaping, in good order, condition, and repair.

8.6. Janitorial Services. Landlord shall provide janitorial services to the common areas of the property on a daily basis and shall be responsible any plumber services, if necessary. Tenant shall be responsible for any janitorial cleaning of the Premises.

8.7. Services by Landlord. If Tenant determines that the Premises require maintenance, construction, remodeling, or similar service that is beyond Landlord's responsibilities under this lease, at Tenant's request, Landlord shall perform such service at Tenant's expense. In performing the service, Landlord shall consult with Tenant and use either licensed insured contractors or employees of Landlord. Landlord shall obtain Tenant's prior written approval of the scope, terms, and cost of any contracts. Tenant may, by Tenant giving Landlord thirty (30) days prior written notice, change the level of service, terminate any or all service, or require that a service be performed by a different contractor.

Landlord has agreed to provide information technology (IT) work inside the Premises for Tenant, based on specifications provided by Tenant to Landlord’s contractor. In addition, Tenant shall pay to Landlord for the above IT work based on a final invoice from Landlord’s contractor.

9. ALTERATIONS.

9.1. Alterations. Tenant may, at its sole cost and expense, install, operate, maintain, upgrade, repair, or replace an alarm, access control, or other building security system.

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6 9.2. Standard of Work. All work to be performed by or on behalf of Tenant shall be performed diligently and in a first-class, workmanlike manner, and in compliance with all applicable Laws and all insurance carrier requirements. Landlord shall have the right, but not the obligation, to periodically inspect such work and may require changes in the method or quality thereof. In no event shall such work materially obstruct access to the Property or any portion thereof.

9.3. Damage; Removal. Tenant shall repair all damage to the Premises, Property and any portions thereof caused by the installation or removal of alterations or other work performed by or on behalf of Tenant. Upon the expiration or other termination of this Lease, Tenant shall remove Tenant's trade fixtures and other improvements, alterations and additions and restore the Premises to their condition existing prior to the construction or installation of any such items and perform any closure work, investigation and environmental remedial work required by the presence or suspected presence of any Hazardous Materials under Hazardous Materials Laws (as hereinafter defined) or by any other applicable Laws; provided, however, Landlord may require, upon written notice to Tenant no less than fifteen (15) days before the expiration or other termination of the Term, any such items (including trade fixtures) designated by Landlord to remain on the Premises, in which event they shall be and become the property of Landlord upon the expiration or other termination of this Lease. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to cause any damage to the Premises or the Property whatsoever and in strict accordance with all applicable Laws.

9.4. Liens. Tenant shall promptly pay and discharge all claims for labor performed, supplies furnished and services rendered at the request of Tenant and shall keep the Premises and Property and all portions thereof free of all mechanics' and materialmen's liens in connection therewith. Tenant shall provide at least ten (10) business days' prior written notice to Landlord before any labor is performed, supplies furnished or services rendered on or at the Premises and Landlord shall have the right to post on the Premises notices of non-responsibility. If any lien is filed, Tenant shall cause such lien to be released and removed within ten (10) days after the date of filing, and if Tenant fails to do so, Landlord may take such action as may be necessary to remove such lien, without the duty to investigate the validity of it, and Tenant shall pay Landlord such amounts expended by Landlord together with interest thereon, at the Applicable Interest Rate, from the date of expenditure.

9.5. Bonds. Landlord may require Tenant to provide Landlord, at Tenant's sole cost and expense, lien, performance, and payment completion bonds in an amount equal to one and one-half times the estimated cost of any alterations, additions, or improvements to insure Landlord, the Premises and the Property against any liability for mechanic's and materialmen's liens, and to ensure completion of the work and payment of any contractors or subcontractors.

10. USE; INSPECTION; QUIET ENJOYMENT.

10.1. Usage. The Premises shall be used only for the permitted uses set forth in Section 5 of the Basic Lease Information and for no other purpose without the prior written DocuSign Envelope ID: 1BCB818E-2C92-4F7B-BB6C-8BAEE4F5692C

7 consent of Landlord. Tenant acknowledges that neither Landlord nor any of Landlord's agents has made any representation or warranty with regard to the Premises, any Tenant Improvements, or the Property with respect to their suitability for the conduct of Tenant's business. Tenant's execution of this Lease and entry of the Premises hereunder shall conclusively establish that the foregoing when at such time in satisfactory condition.

Tenant, at Tenant's expense, shall comply with all applicable Hazardous Materials Laws, statutes, laws, codes, rules, orders, zoning, ordinances, directions, regulations, regulations, permits, or other requirements of federal, state, county, municipal, or other governmental authorities having jurisdiction, now in force or which may hereafter be in force (individually "Law" and collectively "Laws"), which shall impose any duty upon Landlord or Tenant with respect to the use, occupancy, or alteration of the Premises. Tenant shall be responsible for obtaining any permit or license required by any governmental agency permitting Tenant's use of the Premises.

10.2. Inspection. Landlord, or its representative or contractor, may enter the Premises by prior appointment between the hours of 9:00 a.m. and 4:30 p.m., Monday through Friday, holidays excepted, to determine that (i) the Premises is being reasonably cared for, (ii) no waste is being made and that all actions affecting the Premises are done in the manner best calculated to preserve the Premises, and (iii) Tenant is in compliance with the terms and conditions of this lease.

10.3. Quiet Enjoyment. Tenant may not commit, or suffer to be committed, any waste upon the Premises, or any nuisance or other act or thing that may disturb the quiet enjoyment of any other occupant of the Building. For so long as Tenant is in compliance with the material terms of this Lease, Landlord shall warrant and defend Tenant in the quiet enjoyment and possession of the Premises during the Term.

11. ENVIRONMENTAL MATTERS.

11.1. Hazardous Materials Defined. As used in this lease, the term "Hazardous Materials" refers to any and all pollutants, wastes, flammables, explosives, radioactive materials, hazardous or toxic materials, hazardous or toxic wastes, hazardous or toxic substances, carcinogenic materials or contaminants and all other materials governed, monitored, or regulated by any Federal, State or local law or regulation, including but not limited to the Comprehensive Environmental Response, Compensation and Liability Act, the Hazardous Substances Account Act, and/or the Resources Conservation and Recovery Act.

11.2. Warranty; Hold Harmless. Landlord warrants that Landlord has no knowledge of the presence of any Hazardous Materials or other contamination in or under the Building or Premises in violation of any laws, codes, rules, orders, ordinances, directives, regulations, permits, or other requirements of federal, state, county, municipal or governmental authorities having jurisdiction, now in force or which may hereafter be in force concerning the management, use, generation, storage, transportation, presence, discharge or disposal of Hazardous Materials. Landlord shall defend, save, protect and hold Tenant harmless from any loss arising out of the presence of any Hazardous Materials on the Premises that was not brought to the Premises by or at the request of Tenant, its agents, DocuSign Envelope ID: 1BCB818E-2C92-4F7B-BB6C-8BAEE4F5692C

8 contractors, invitees or employees. Landlord acknowledges and agrees that Tenant has no obligation to clean up or remediate, or contribute to the cost of clean-up or remediation, of any Hazardous Materials unless such Hazardous Materials are released, discharged or spilled on or about the Premises by Tenant or any of its agents, employees, contractors, invitees or other representatives. The obligations of this Section shall survive the expiration or earlier termination of this Lease

12. DAMAGE AND DESTRUCTION.

12.1. Perilous Condition. If, during the Term, Tenant's Public Works Director becomes aware of a perilous condition on the Premises that, in his or her opinion, substantially and significantly threatens the health and safety of Tenant's employees or invitees (a "Perilous Condition"), the Public Works Director, or his or her designee, will immediately notify Landlord of such Perilous Condition, and Landlord shall use best efforts to promptly eliminate the Perilous Condition. Landlord shall immediately address any condition reasonably constituting an emergency, whether Landlord learns of the condition through Lessee or otherwise. If Landlord fails to address a Perilous Condition within thirty- six (36) hours after Tenant's notice or to immediately address an emergency situation, Tenant may attempt to resolve the Perilous Condition or emergency situation. Landlord shall reimburse Tenant for any costs incurred by Tenant in addressing the Perilous Condition or emergency situation promptly upon receipt of any Tenant's invoice for such costs.

12.2. Casualty. If, during the Term, the Premises are totally or partially destroyed or utility Services are cut off from any cause rendering the Premises totally or partially inaccessible or unusable (the "Casualty"), and if the restoration can be made under then existing Laws and can be completed within one hundred twenty (120) days after obtaining all necessary permits therefor, then Landlord shall restore the Premises (excluding Tenant's Property and any Tenant Improvements) to substantially the same condition as they were in immediately before destruction. If the restoration cannot be so made, then within fifteen (15) days after Landlord determines that the restoration cannot be made as stated in this Section 12.2, Tenant may terminate this Lease immediately by giving written notice to Landlord. If the existing Laws do not permit the restoration, either party may terminate this Lease by giving ninety (90) days prior written notice to the other party. In case of Casualty, there shall be an abatement or reduction of Rent, between the date of Casualty and the date of completion of restoration if restoration takes place, or the date of termination if the Lease is terminated, based on the extent to which the destruction actually interferes with Tenant's use of the Premises.

12.3. Tenant's Fault. If the Premises, the Property, or any portion thereof, are damaged resulting from the negligence or breach of this Lease by Tenant or any of Tenant's Parties, Rent shall not be reduced during the repair of such damage, Tenant shall have no right to terminate this Lease as provided in Section 12.2, and Tenant shall be liable to Landlord for the cost of the repair caused thereby to the extent such cost is not covered by insurance proceeds.

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9 12.4. Repair Limitation. Notwithstanding anything in this Lease to the contrary, Landlord shall not be required to repair any injury or damage, by fire or other cause, to Tenant's Property or any Tenant Improvements, if any, or to rebuild, repair or replace any decorations, alterations, partitions, fixtures, trade fixtures, additions or other improvements installed on the Premises by or for Tenant, unless and to the extent Landlord has received insurance proceeds from Tenant's property insurance as provided in Section 6.2 above, and neither Tenant or Landlord has opted to terminate this Lease as provided in Section 12.2.

12.5. Waiver. The provisions of this Lease contain an express agreement between Landlord and Tenant that applies in the event of any Casualty. Tenant fully waives the provisions of any statute or regulation, including California Civil Code sections 1932(2) and 1933(4) (as amended from time to time, and successor statutes thereto) for any rights or obligations concerning a Casualty.

13. EMINENT DOMAIN.

13.1. Effect on Rights and Obligations. If any portion of the Premises is permanently taken by condemnation, this Lease shall remain in effect, except that Tenant may elect to terminate this Lease if 25% or more of the total number of square feet in the Premises is taken. If Tenant elects to terminate this Lease, Tenant must exercise its right to terminate by giving written notice to Landlord within 30 days after the nature and the extent of the taking have been finally determined, as of the date of termination, which date shall not be earlier than 30 days nor later than 90 days after Tenant has notified Landlord of its election to terminate; except that this Lease shall terminate on the date of taking if the date of taking falls on a date before the date of termination as designated by Tenant. If Tenant does not terminate this Lease within the 30-day period, this Lease shall continue in full force and effect, except that the Base Rent thereafter to be paid shall be reduced on a pro-rata basis. Tenant shall notify Landlord in writing of any condemnation or threatened condemnation within ten (10) days after Tenant receives notice of said action or threatened action. No condemnation of any kind shall be construed to constitute an actual or constructive eviction of Tenant or a breach of any express or implied covenant of quiet enjoyment.

13.2. Award. In connection with any condemnation, Landlord shall be entitled to receive all compensation and anything of value awarded, paid, or received in settlement or otherwise ("Award") and Tenant hereby irrevocably assigns and transfers to Landlord all rights to and interests in the Award and fully waives, releases, and relinquishes any claim to, right to make a claim on, or interest in the Award, including any amount attributable to any excess of the market value of the Premises for the remainder of the Term over the present value as of the termination date of the Rent payable for the remainder of the Term (commonly referred to as the "bonus value" of the Lease).

14. DEFAULT.

14.1. Events of Default. The occurrence of any of the following events shall, at Landlord's option, constitute an "Event of Default:"
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10 14.1.1 As to Tenant: (i) Tenant's failure to pay Rent within ten business days after receipt of a written notice of such failure from Landlord to Tenant; provided, however, that Tenant will have additional time if its failure to pay Rent is due to circumstances beyond its reasonable control, including, without limitation, failure of the Tenant's City Council to adopt a budget. In no event may such additional time exceed seventy five (75) days from receipt of a written notice; (ii) Tenant's failure to comply with any other material term or provision of this Lease if such failure is not remedied within thirty days after receipt of a written notice specifying the nature of the breach in reasonably sufficient detail; provided, however, if such default cannot reasonably be remedied within such thirty day period, then a default will not be deemed to occur until the occurrence of Tenant's failure to comply within the period of time that may be reasonably required to remedy the default, up to an aggregate of ninety days (90), provided Tenant commences curing such default within thirty (30) days and thereafter diligently proceeds to cure such default.

14.1.2 As to Landlord: (i) Landlord's failure to complete the Tenant Improvements in accordance with the Work; (ii) Landlord's failure to perform any other obligation under this lease if such failure is not remedied within thirty days after receipt of a written notice from Tenant to Landlord specifying the nature of the breach in reasonably sufficient detail; provided, however, if such breach cannot reasonably be remedied within such thirty day period, then a default will not be deemed to occur until the occurrence of Landlord's failure to perform within the period of time that may be reasonably required to remedy the breach, up to an aggregate of ninety days, provided Tenant commences curing such breach within thirty days and thereafter diligently proceeds to cure such breach.;

14.2. Remedies.

14.2.1 Termination. In the event of the occurrence of any Event of Default, Landlord shall have the right to give a written termination notice to Tenant and, on the date specified in such notice (which date shall be at least three (3) business days following the date of delivery of such notice), this Lease shall terminate unless on or before such date all arrears of Rent and all other sums payable by Tenant under this Lease and all costs and expenses incurred by or on behalf of Landlord hereunder shall have been paid by Tenant and all other Events of Default at the time existing shall have been fully remedied to the satisfaction of Landlord.

A. Repossession. Following termination, without prejudice to other remedies Landlord may have, Landlord may (i) peaceably re-enter the Premises upon voluntary surrender by Tenant or remove Tenant therefrom and any other persons occupying the Premises, using such legal proceedings as may be available; (ii) repossess the Premises or relet the Premises or any part thereof for such term (which may be for a term extending beyond the Term), at such rental and upon such other terms and conditions as Landlord in Landlord's sole discretion shall determine, with the right to make reasonable alterations and repairs to the Premises; and (iii) remove all personal property therefrom.

14.2.2 Tenant's Remedies. Upon the occurrence of a default by Landlord, Tenant may (i) terminate this Lease by giving thirty (30) days written notice to Landlord and quit the Premises without further cost or obligation to Tenant or (ii) proceed to repair or correct the failure and, at Tenant's option, either deduct the cost thereof from Rent due to Landlord, or DocuSign Envelope ID: 1BCB818E-2C92-4F7B-BB6C-8BAEE4F5692C

11 invoice Landlord for the cost of repair, which invoice Landlord shall pay in full promptly upon receipt

14.3. Cumulative. Each right and remedy of Landlord or Tenant provided for herein or now or hereafter existing at Law or in equity, by statute or otherwise shall be cumulative and shall not preclude Landlord from exercising any other rights or remedies provided for in this Lease or now or hereafter existing at Law or in equity, by statute or otherwise. No payment by Tenant of a lesser amount than the Rent nor any endorsement on any check or letter accompanying any check or payment of Rent shall be deemed an accord and satisfaction of full payment of Rent; and Landlord may accept such payment without prejudice to Landlord's right to recover the balance of such Rent or to pursue other remedies.

15. ASSIGNMENT AND SUBLETTING.

15.1. Landlord's Consent. Tenant shall not assign, sublet or otherwise transfer, whether voluntarily or involuntarily or by operation of Law, this Lease, the Premises or any part thereof, without Landlord's prior written approval, which approval Landlord shall not unreasonably withhold. Upon the assignment of the Lease by Tenant, the Tenant will have no further obligation under the Lease.

16. ESTOPPEL, ATTORNMENT AND SUBORDINATION.

16.1. Estoppel. Within thirty (30) days after request by Landlord, Tenant shall deliver an estoppel certificate duly executed and acknowledged to any proposed mortgagee, beneficiary, purchaser, or Landlord, in a commercially reasonable form substantially similar to that requested and a statement certifying, without limitation: (i) the date of commencement of this Lease; (ii) the fact that this Lease is unmodified and in full force and effect (or, if there have been modifications hereto, that this Lease is in full force and effect, as modified, and stating the date and nature of such modifications); (iii) the date to which the rental and other sums payable under this Lease have been paid; (iv) the fact that there are no current defaults under this Lease by either Landlord or Tenant except as specified in Tenant's statement; and (v) no deposit of any nature has been made in connection with the Lease (other than deposits the nature and amount of which are expressly described in the Lease). Landlord and Tenant intend that any statement delivered pursuant to this Section 16 may be relied upon by any mortgagee, beneficiary, purchaser or prospective purchaser of the Premises, the Property or any interest therein. Tenant's failure to deliver such statement within such time shall be conclusive upon Tenant that (i) this Lease is in full force and effect, without modification except as may be represented by Landlord; (ii) there are no uncured defaults in Landlord's performance, (iii) not more than one (1) month's rental has been paid in advance; and (iv) no deposit of any nature has been made in connection with the Lease except as represented by Landlord. Except to the extent caused by Landlord's sole or active negligence or willful misconduct, Tenant shall indemnify and hold Landlord harmless from and against any and all damages, penalties, fines, taxes, costs, liabilities, losses and expenses (including, without limitation, reasonable attorneys' fees and court costs) which Landlord may sustain or incur as a result of or in connection with Tenant's failure or delay in delivering such estoppel certificate. If any financier should require that DocuSign Envelope ID: 1BCB818E-2C92-4F7B-BB6C-8BAEE4F5692C

12 this Lease be amended (other than in the description of the Premises, the Term, the permitted uses, the Rent or as will substantially, materially and adversely affect the rights of Tenant), Landlord shall give written notice thereof to Tenant, which notice shall be accompanied by a Lease supplement embodying such amendments. Tenant shall, within thirty (30) days after the receipt of Landlord's notice, execute and deliver to Landlord the tendered Lease supplement.

16.2. Subordination. This Lease shall be subject and subordinate to all ground leases, CC&Rs, and the lien of all mortgages and deeds of trust which now or hereafter affect the Premises or the Property or Landlord's interest therein, and all amendments thereto, all without the necessity of Tenant's executing further instruments to affect such subordination; provided, however, that Tenant's rights hereunder shall not be disturbed, except in accordance with the terms and provisions of this Lease. If at any time Landlord has a mortgage, loan, or other security instrument that is secured by a lien of a mortgage or deed of trust encumbering the Building, Landlord shall cause the lender(s) holding such lien to execute and deliver to Tenant a subordination, recognition and non-disturbance agreement in recordable form and in a form that is in substantial conformity with Exhibit B attached hereto. If requested, Tenant shall execute and deliver to Landlord within thirty (30) days after Landlord's request, whatever documentation that may reasonably be required to further effect the provisions of this Section 16.2.

16.3. Attornment. In the event of a foreclosure proceeding, the exercise of the power of sale under any mortgage or deed of trust or the termination of a ground lease, Tenant shall, if requested, attorn to the purchaser thereupon and recognize such purchaser as Landlord under this Lease. The transferee shall not be liable for any acts, omissions or defaults of Landlord that occurred before the sale or conveyance, or the return of any security deposit except for deposits actually paid to transferee, and except as reduced as expressly provided for in Section 3.3 of this Lease or by operation of Law.

17. PARKING. The Landlord shall provide three (3) parking spaces to Tenant for a monthly fee of zero Dollars ($0.00) per month during the Initial Term and any Renewal Periods.

18. MISCELLANEOUS.

18.1. General.

18.1.1 Entire Agreement. This Lease sets forth all the agreements between Landlord and Tenant concerning the Property and the Premises, and there are no agreements either oral or written other than as set forth herein.

18.1.2 Time of Essence. Time is of the essence of this Lease.

18.1.3 Attorneys' Fees. If any action is commenced which arises out of or related to this Lease, the prevailing party shall be entitled to recover from the other party such sums as the court may adjudge to be reasonable attorneys' fees, expert fees, and expenses in the action, in addition to costs and expenses otherwise allowed by Law. In all other situations, including any matter arising out of or relating to any bankruptcy or other voluntary or DocuSign Envelope ID: 1BCB818E-2C92-4F7B-BB6C-8BAEE4F5692C

13 involuntary proceeding, in or out of court, for the adjustment of debtor-creditor relationships, Tenant agrees to pay all of Landlord's costs and expenses, including attorneys' fees and expert fees, which may be incurred in enforcing or protecting Landlord's rights or interests.

18.1.4 Severability. If any provision of this Lease or the application of any such provision shall be held by a court of competent jurisdiction to be invalid, void or unenforceable to any extent, the remaining provisions of this Lease and the application thereof shall remain in full force and effect and shall not be affected, impaired or invalidated.

18.1.5 Law. This Lease shall be construed and enforced in accordance with the Laws of the State of California, without reference to its choice of law provisions.

18.1.6 Interpretation. The titles to the sections of this Lease are not a part of this Lease and shall have no effect upon the construction or interpretation of any part of this Lease. As used in this Lease, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others where and when the context so dictates. The word "including" shall be construed as if followed by the words "without limitation." This Lease shall be interpreted as though prepared jointly by both parties.

18.1.7 No Option. Submission of this Lease to Tenant for examination or negotiation does not constitute an option to lease, offer to lease or a reservation of, or option for, the Premises; and this Lease shall become effective and binding only upon the execution and delivery hereof by Landlord and Tenant.

18.1.8 Successors and Assigns. This Lease shall be binding upon and inure to the benefit of the successors and assigns of Landlord and, subject to compliance with the terms of Section 15, Tenant.

18.1.9 Third Party Beneficiaries. Nothing herein is intended to create any third-party benefit.

18.1.10 No Agency, Partnership or Joint Venture. Nothing contained herein nor any acts of the parties hereto shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture by the parties hereto or any relationship other than the relationship of landlord and tenant.

18.1.11 Merger. The voluntary or other surrender of this Lease by Tenant or a mutual cancellation thereof or a termination by Landlord shall not work a merger and shall, at the option of Landlord, terminate all or any existing subtenancies or may, at the option of Landlord, operate as an assignment to Landlord of any or all of such subtenancies.

18.1.12 Fixtures and Signs. Tenant may (i) make any lawful and proper minor alterations to the Premises; (ii) attach fixtures and interior signs in and on the Premises; and attach signage on the exterior of Building ("Tenant Fixtures"). Any Tenant Fixtures will remain the property of Tenant and may be removed from the Premises by Tenant at any time during the Term. All alterations and Tenant Fixtures are subject to Landlord’s approval, which shall not be unreasonably withheld, and must comply with existing code requirements. All Tenant Fixtures DocuSign Envelope ID: 1BCB818E-2C92-4F7B-BB6C-8BAEE4F5692C

14 shall be at Tenant's sole cost and expense. Installations and removals of Tenant Fixtures shall be made in such manner as to avoid injury or defacement of the Premises, and Tenant shall repair any injury or defacement, including discoloration caused by such installation or removal. Tenant shall be responsible for all fees, costs and expenses associated with installation and removal of Tenant Fixtures. In the event any such fees, costs or expenses are incurred by Landlord (whether directly or indirectly), Landlord shall deliver to Tenant an invoice, with reasonable supporting documentation, and Tenant shall reimburse Landlord for those amounts within thirty (30) days after receipt of such invoice.

18.1.13 Prior Possession. Prior to the Commencement Date, Tenant has the right to (i) install fixtures, telephone outlets and cabling, telephones, security systems, furniture, and other items in the Premises, and (ii) store supplies and equipment in the Premises, provided such work and storage can be affected without unduly interfering with Landlord’s completion of the Tenant Improvements.

18.2. Waiver. No waiver of any default or breach hereunder shall be implied from any omission to take action on account thereof, notwithstanding any custom and practice or course of dealing. No waiver by either party of any provision under this Lease shall be effective unless in writing and signed by such party. No waiver shall affect any default other than the default specified in the waiver and then such waiver shall be operative only for the time and to the extent therein stated. Waivers of any covenant shall not be construed as a waiver of any subsequent breach of the same.

18.3. Limitation of Liability. Whenever Landlord transfers its interest, Landlord shall be automatically released from further performance under this Lease and from all further liabilities and expenses hereunder and the transferee of Landlord's interest shall assume all liabilities and obligations of Landlord hereunder from the date of such transfer.

18.4. Notices. All notices to be given hereunder shall be in writing and mailed postage prepaid by certified or registered mail, return receipt requested, or delivered by personal or courier delivery, or sent by facsimile (immediately followed by one of the preceding methods), to Landlord's address and Tenant's address set forth in Sections 1 and 2 of the Basic Lease Information, or to such other place as Landlord or Tenant may designate in a written notice given to the other party. Notices shall be deemed served upon the earlier of receipt or three (3) days after the date of mailing.

18.5. Brokerage Commission. Tenant represents that they have not been represented by any broker in connection with this Lease. Landlord has been represented by SG Real Estate in connection with this Lease, and that a real estate broker's commission "Commission") is due or payable under a separate agreement with Landlord.

18.6. Authorization. Each individual or entity executing this Lease on behalf of Tenant represents and warrants that he or she or it is duly authorized to execute and deliver this Lease on behalf of Tenant and that such execution is binding upon Tenant.

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15 18.7. Holding Over. If, with Landlord’s express written consent, Tenant holds over the Premises or any part thereof after expiration or earlier termination of the Term, such holding over shall constitute a month-to-month tenancy on all the other terms and conditions of this Lease, except that Base Rent shall be equal to the Rent payable under this Lease for the last full month before the date of expiration or termination. This section shall not be construed as Landlord's permission for Tenant to hold over. Acceptance of Rent by Landlord following expiration or termination shall not constitute a renewal of this Lease or extension of the Initial Term or any Renewal Term, as the case may be, except as specifically set forth above. If Tenant remains in possession of the Premises after expiration or other termination of this Lease without Landlord’s express written consent, Tenant’s continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay as Base Rent during the holdover period an amount equal to 95% of Fair Market Rent. If Tenant fails to surrender the Premises upon expiration or other termination of this Lease, Tenant shall indemnify and hold Landlord harmless from and against all loss or liability resulting from or arising out of Tenant's failure to surrender the Premises, including, but not limited to, any amounts required to be paid to any tenant or prospective tenant who was to have occupied the Premises after the expiration or other termination of this Lease and any related attorneys' fees and brokerage commissions.

18.8. Surrender. Upon the expiration or other termination of this Lease or Tenant's right to possession of the Premises, Tenant shall peaceably and quietly leave and surrender to Landlord the Premises, along with appurtenances and fixtures at the Premises (except Tenant Fixtures), all in good condition, ordinary wear and tear, damage by casualty, condemnation, acts of God, and Landlord's failure to make repairs required of Landlord excepted. Tenant is not responsible for painting or for repairing or replacing any floor coverings in the Premises upon the expiration or earlier termination of this lease

18.9. Joint and Several. If Tenant consists of more than one person, the obligation of all such persons shall be joint and several.

18.10. Covenants and Conditions. Each provision to be performed by Tenant or Landlord hereunder shall be deemed to be both a covenant and a condition.

18.11. Force Majeure. For purposes of this Lease, the term "Force Majeure" shall mean and include the following: any delay caused by any action, inaction, order, ruling, moratorium, regulation, statute, condition or other decision of any governmental agency having jurisdiction over any portion of the Property, over any construction anticipated to occur thereon or over any uses thereof, or by fire, flood, inclement weather, energy shortage, strikes, lockouts or other labor or industrial disturbance, civil disturbance, order of any government, court or regulatory body claiming jurisdiction or otherwise, governmental preemption or curtailment in connection with a national emergency or in connection with any rule, order, guideline or regulation of any department or governmental agency, or by reason of the conditions of supply and demand which have been or are affected by a war or other emergency, acts of terrorism, act of public enemy, war, riot, sabotage, blockade, embargo, failure or inability to secure an adequate supply of water, electricity, fuel, materials, supplies or labor through ordinary sources by reason of shortages DocuSign Envelope ID: 1BCB818E-2C92-4F7B-BB6C-8BAEE4F5692C

16 or priority, discovery of Hazardous Materials (as defined in paragraph 11.1), earthquake, or other natural disaster, or any cause whatsoever beyond the reasonable control (excluding financial inability) of the party whose performance is required, or any of its contractors or other representatives.

18.12. Accessibility; Disability Laws. The Premises have not undergone an inspection by a Certified Access Specialist.

"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. "

Since compliance with the ADA and other federal and state disability laws (collectively, "Disability Laws") is dependent upon Tenant's specific use of the Premises, Landlord makes no warranty or representation as to whether or not the Premises comply with Disability Laws. In the event that Tenant's use of the Premises requires modifications or additions to the Premises in order to be in compliance with Disability Laws, Landlord agrees to make any such necessary modifications and/or additions at Landlord’s sole cost and expense.

18.13. OFAC Compliance. Tenant represents and warrants to Landlord that Tenant is not a party with whom Landlord is prohibited from doing business pursuant to the regulations of the Office of Foreign Assets Control ("OFAC") of the U.S. Department of the Treasury, including those parties named on OFAC’s Specially Designated Nationals and Blocked Persons List. Tenant is currently in compliance with, and shall at all times during the term of this Lease remain in compliance with, the regulations of OFAC and any other governmental requirement relating thereto. In the event of any violation of this section, Landlord shall be entitled to immediately terminate this Lease and take such other actions as are permitted or required to be taken under law or in equity. TENANT SHALL DEFEND,

INDEMNIFY AND HOLD HARMLESS LANDLORD FROM AND AGAINST ANY

AND ALL CLAIMS, DAMAGES, LOSSES, RISKS, LIABILITIES AND EXPENSES (INCLUDING ATTORNEYS' FEES AND COSTS) INCURRED BY LANDLORD

ARISING FROM OR RELATED TO ANY BREACH OF THE FOREGOING
CERTIFICATIONS. These indemnity obligations shall survive the expiration or earlier termination of this Lease.

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17 19. ADDENDUM.

19.1. Attached hereto is an addendum constitutes a part of this Lease. [SIGNATURES FOLLOW ON NEXT PAGE]
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18 IN WITNESS WHEREOF, the parties have executed this Lease as of the Effective Date.

TENANT:

CITY OF BERKELEY, a California municipal
corporation

By:

Print Name:

Its:

ATTEST:

City Clerk

APPROVED AS TO FORM:

City Attorney

APPROVED AS TO INSURANCE
REQUIREMENTS:

City Risk Manager

--AND--
LANDLORD:

THE SHAMSZAD FAMILY LIVING TRUST

By:

Print Name:

Its:

By:

Print Name:

Its:

DocuSign Envelope ID: 1BCB818E-2C92-4F7B-BB6C-8BAEE4F5692C Sasha Shamszad
Sasha Shamszad

DocuSign Envelope ID: 1BCB818E-2C92-4F7B-BB6C-8BAEE4F5692C

Exhibit A-2

EXHIBIT A-2
Depiction of Premises

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BUILDING INFORMATION:

CITY TO OCCUPY 3RD FLOOR

Exhibit B Page 1

EXHIBIT B
Recorded at the request of:

City
of Berkeley

Return to:

City of Berkeley
Department of Public Works,
2180 Milvia Street, Third Floor
Berkeley, CA 94704
Assessor
's Parcel No. 377-150-013

Subordination, Non-Disturbance and Attornment Agreement This agreement is dated ____________, 2024, and is between the City of Berkeley, a Charter City organized and existing under the laws of the State of California (the “Lessee”), __________________, a ______________ , its successors and assigns (the “Lender), having its principal place of business at
__________________________________________________________________________.

Recitals

A. Pursuant to a lease dated _____________, 2024 (the “ Lease”) between the Lessee and The Shamszad Family Living Trust (the “Lessor”), Lessor is leasing to the Lessee certain space in the building located at 1900 Addison Street, Berkeley, CA, more fully described in Exhibit C attached hereto and made a part hereof (the “Property”).

B. Lender has previously made a loan (the “ Loan”) to Lessee that is secured, in part, by the lien of a mortgage or deed of trust executed and delivered by Lessee to Lender encumbering the Property (the “Mortgage”) and an assignment of all leases of and rents from the Property

C. This agreement is being executed by the parties in accordance with the requirements of Section 9 of the Lease.

NOW, THEREFORE, in consideration of the covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. Lessor hereby represents, acknowledges and agrees as follows:

(a) The term of the Lease commences on _____________________________ and will terminate on _____________________________________.

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Exhibit B Page 2
2 (c) The current monthly rent payment under the Lease is set forth in Section A.3 of the Lease. No advance rents have been prepaid.

(d) In addition to monthly rent payments, the Lessor is responsible for a portion of the cost of improvements to the Premises.

(e) The improvements described in the Lease have not been completed or accepted by Lessor.

(f) Lessor has not sublet any portion of the leased premises or assigned any of its rights under the Lease.

(g) Upon its execution, the Lease will be in full force and effect.

(h) All rent payments will be paid as provided under the Lease until Lessor has been otherwise notified by Lender or its successors and assigns.

(i) If Lender provides Lessor with Lender’s address for notification purposes, Lessor will deliver to Lender a copy of all notices Lessor delivers to or receives from Lessee.

(j) Lessor will not look to Lender or its successors or assigns for the return of the security deposit, if any, under the Lease, except to the extent that such funds are delivered to Lender.

2. If Lender elects to foreclose the Mortgage, Lender will not join Lessor in summary or foreclosure proceedings unless required by applicable law (and then only to the extent so required) as long as Lessor has not amended the Lease without Lender’s prior written consent and is not in default under the Lease.

3. In the event that Lender succeeds to the interest of Lessee under the Lease and there exists no default by Lessor under the Lease and Lessor has not amended the Lease without Lender’s prior written consent, Lender agrees not to disturb or otherwise interfere with Lessee’s possession of the leased premises for the unexpired term of the Lease, provided that Lender is not:

(a) Liable for any act or omission of Lessor or any prior Lessor under Lease;

(b) Subject to any offsets or defenses that Lessor might have against Lessee or any prior lessor
(c) Bound by any rent or additional rent that Lessee might have paid for more than the current month to Lessor;

(d) Bound by any amendment or modification of the Lease made without Lender’s prior written consent; or
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Exhibit B Page 3
3 (e) Liable for any security deposit Lessee might have paid to Lessor, except to th e extent Lender has actually received said security deposit.

4. Upon Lender’s succeeding to Lessor’s interest under the Lease, Lessee covenants and agrees to attorn to Lender or a purchaser at a foreclosure or trustee’s sale, to recognize such successor landlord as Lessor’s landlord under the Lease, and to be bound by and perform all of the obligations and conditions imposed on Lessor by the Lease. If requested by Lender or any subsequent owner, Lessee shall execute a new lease with Lender, for a term equal to the remaining term of the Lease and otherwise containing the same provisions and covenants of the Lease.

5. Prior to terminating the Lease due to a default by Lessee thereunder, Lessor agrees to notify Lender of such default and give Lender the opportunity to cure such default within thirty (30) days of Lender’s receipt of such notice (or, if such default cannot reasonably be cured within such thirty (30) day period, Lender will have such longer time as may be necessary to cure the default provided that Lender commences the cure within such period and diligently pursues the cure thereafter).

6. This agreement binds and inures to the benefit of the respective heirs, personal representatives, successors and assigns of the parties hereto.

7. This agreement may be modified only in a writing duly executed by both parties.

The parties are signing this agreement as of the date set forth in the introductory clause.

LESSEE LENDER

CITY OF BERKELEY, a Name of Lender, a
Charter City organized and existing
under the laws of the State of California _____________________________

By _________________________ By _________________________ Name
Public Works Director Title

By _________________________
Name
Title

[Attach Notary Forms]

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Addendum Page 1

ADDENDUM TO LEASE

(City of Berkeley Standard Contract Provisions)

This Addendum is attached to and made part of that certain Lease dated _________________, 2024, between The Shamszad Family Living Trust (“Lessor” or “Landlord”), and City of Berkeley ("Lessee" or "City"), a Charter City organized and existing under the laws of the State of California, as Tenant. Capitalized terms not otherwise defined in this Addendum shall have the meaning given them in the Lease. The provisions of this Addendum shall prevail over any inconsistent or conflicting provisions of the Lease.

1. Business License. Landlord 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 Landlord 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.

2. Non-Discrimination Against Persons with Disabilities. a. If Landlord provides any aid, service or benefit to others on the City's behalf, Landlord 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. Landlord 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 Landlord is or becomes a "public accommodation" as defined in Title III of the Americans with Disabilities Act of 1990, Lessor 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 Landlord. All Landlord's activities must be in accordance with these laws, Ordinances, codes, and regulations, and Landlord shall be solely responsible for complying therewith.

3. City Non-Discrimination Ordinance. Landlord 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 Lessor agrees as follows:
a. Landlord 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.

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b. Landlord shall permit the City access to records of employment advertisements, application forms, EEO-1 forms, affirmative action plans and any other documents which, in the opinion of the Lessee, are necessary to monitor compliance with this non-discrimination provision, and will, in addition, fill-out in a timely fashion, forms supplied by the City to monitor these non- discrimination provisions.

4. Nuclear Free Berkeley. Landlord agrees to comply with Berkeley Municipal Code Chapter 12.90, the Nuclear Free Berkeley Act, as amended from time to time.

5. Oppressive States.
a. In accordance with Resolution No. 59,853-N.S., Landlord 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:
i. The governing regime in any Oppressive State.
ii. Any business or corporation organized under the authority of the governing regime of any Oppressive State.
iii. Any individual, firm, partnership, corporation, association, or any other commercial organization, and including parent-entities and wholly-owned subsidiaries (to the extent that their operations are related to the purpose of its contract with the City), for the express purpose of assisting in business operations or trading with any public or private entity located in any Oppressive State.
b. For purposes of this lease, the Tibet Autonomous Region and the provinces of Ado, Kham, and U-Tsang shall be deemed oppressive states. c. Landlord's failure to comply with this section shall constitute a default of this lease and Lessee may terminate this lease pursuant to Section 14 of the Lease. In the event that the City terminates this lease due to a default under this provision, City may deem Lessor a non-responsible bidder for five (5) years from the date this lease is terminated.

6. Berkeley Living Wage Ordinance.
a. Landlord agrees to comply with Berkeley Municipal Code Chapter 13.27, the Berkeley Living Wage Ordinance. If Landlord employs six (6) or more part-time, full-time or stipend employees, and generates $350,000 or more in annual gross receipts, Landlord will be required to provide all eligible employees with Landlord 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.

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Addendum Page 3

b. Landlord shall be required to maintain all reasonable records and documents that would establish whether Landlord is subject to the City's Living Wage Ordinance ("LWO"). If Landlord is subject to the LWO, as defined therein, Lessor 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 Landlord for health benefits, if any, for each of its employees providing services under the Lease. The records described in this Section shall be made available upon the City's request. The failure to produce these records upon demand shall be considered a default, subject to the provisions contained in Section 14 of the Lease.
c. If Landlord is subject to the LWO, Landlord shall include the requirements of the Ordinance, as defined in B.M.C. Chapter 13.27, in any and all subleases in which Landlord enters with regard to the subject Premises. Sublessors 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 Landlord 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.
e. Landlord's failure to comply with this Section shall constitute default of the Lease, upon which the City may terminate this Lease pursuant to Section 14. f. In addition to any other remedies available by law or under the Lease, at the City's sole discretion, Landlord 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 Lessor'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 Landlord's breach.

7. Berkeley Equal Benefits Ordinance.
a. Landlord hereby agrees to comply with the provisions of the Berkeley Equal Benefits Ordinance, B.M.C. Chapter 13.29. If Landlord is currently subject to the Berkeley Equal Benefits Ordinance, Lessor will be required to provide all eligible employees with Lessee 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 Landlord is currently or becomes subject to the Berkeley Equal Benefits Ordinance, Lessor agrees to supply the City with any records the Lessee deems DocuSign Envelope ID: 1BCB818E-2C92-4F7B-BB6C-8BAEE4F5692C

Addendum Page 4

necessary to determine compliance with this provision. Failure to do so shall be a considered a default, subject to the provisions of Section 14 of the Lease. c. If Landlord fails to comply with the requirements of this Section, Landlord shall have the rights and remedies described in this Section, in addition to any rights and remedies provided by law or equity.
d. Landlord's failure to comply with this Section shall constitute default of the Lease, upon which Lessee may terminate this lease pursuant to Section 14. e. In addition to any other remedies available by law or under the Lease, at the City's sole discretion, Landlord 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 Landlord's failure to provide its employees with equal benefits will result in damages being sustained by Lessee; 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 Landlord's breach.

8. Sanctuary City Contracting Ordinance. Landlord hereby agrees to comply with the provisions of the Sanctuary City Contracting Ordinance, B.M.C. Chapter 13.105. In accordance with this Chapter, Landlord 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:
i. 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;
ii. 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:

The Lessee’s computer-network health and performance tools; 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.

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

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IN WITNESS WHEREOF, the parties have executed this Lease as of the Effective Date.

TENANT:

CITY OF BERKELEY, a California municipal
corporation

By:

Print Name:

Its:

ATTEST:

City Clerk

APPROVED AS TO FORM:

City Attorney

APPROVED AS TO INSURANCE
REQUIREMENTS:

City Risk Manager

--AND--
LANDLORD:

THE SHAMSZAD FAMILY LIVING TRUST

By:

Print Name:

Its:

By:

Print Name:

Its:

DocuSign Envelope ID: 1BCB818E-2C92-4F7B-BB6C-8BAEE4F5692C Sasha Shamszad
Sasha Shamszad

Exhibit B: Floor Plans

Director’s
Office
Investigator
#1
Investigator
#2Communication
Specialist
Media Room
Admin
Support
4 Interns Office
Data Analyst
Conf/
Inter Rm
Print/Supply
Interview
Rm
Policy
Analyst
[FINAL VERSION]

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/

PUBLIC HEARING
July 23, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Scott Gilman, Interim Director, Health, Housing, and Community Services Subject: Substantial Amendments to the PY2018, PY2019, PY2020, and PY2021 Annual Action Plans to Reallocate Community Development Block Grant (CDBG) Funding to the City’s Public Facility Improvement Program

RECOMMENDATION
Conduct a public hearing on:

1. Substantial amendments to the federal Program Years (PY) 2018, 2019, 2020, and 2021 Annual Action Plans (AAP), which propose a total reallocation of $478,500 of Community Development Block Grant (CDBG) funds from the Senior Disabled (Home) Loan Rehabilitation Program (SDLRP) to the Public Facility Improvement Program;

2. Allocating $450,000 of the reallocated funds to Insight Housing’s (IH) existing public facility rehabilitation project at 2140 Dwight Way, and

3. Allocating $52,775 to Larkin Street Youth Services’ (LSYS) existing public facility rehabilitation project at 3404 King St ($28,500 from above reallocated funds and $24,275 from available PY 2024 funds).

Upon conclusion of the hearing, adopt a resolution authorizing the City Manager or her designee to:
a. Approve the CDBG public facility funding allocations for two public facility improvement projects, $450,000 for IH and $52,775 for LSYS; b. Submit the Substantial Amendments to the PY 2018, 2019, 2020, and 2021 Annual Action Plans to the U.S. Department of Housing and Urban Development (HUD); and
c. Execute all resultant agreements and amendments with IH and LSYS and for the above-mentioned funds.

Substantial Amendments to the PY 2018, PY 2019, PY 2020, and PY 2021 PUBLIC HEARING Annual Action Plans to Reallocate Community Development Block Grant (CDBG) Funding July 23, 2024

SUMMARY
Staff propose reallocating $478,500 of available CDBG funds from PY 2018, 2019, 2020, and 2021 to the Public Facility Improvement Program. $450,000 of these funds would go towards renovations to IH’s Dwight Way Center (DWC), 2140 Dwight Way. $28,500 of these funds plus $24,275 in PY 2024 CDBG Public Facility Improvement funds would go towards funding renovations to LSYS Turning Point Facility (TPF), 3404 King Street. Both of these programs previously applied through the Public Facility Improvement Program’s Notice of Funding Availability (NOFA), and now need additional funds to complete existing projects. Allocating additional Public Facility Improvement Program funds to these projects will help fill the funding gaps for the necessary rehabilitations and ensure that shelter operations resume.

FISCAL IMPACTS OF RECOMMENDATION
Should City Council adopt this recommendation, $502,775 in CDBG funding (Fund #128) will be allocated to two existing public facility improvement projects. One project with IH ($450,000) and one with LSYS ($52,775). There is no impact to the city’s General Fund as the project will be entirely funded with available federal CDBG funds.

CURRENT SITUATION AND ITS EFFECTS
The Public Facility Improvement Program funds are typically administered through a NOFA, unless there is an emergent and substantial need serving CDBG eligible recipients. There are currently two projects, one with IH and one with LSYS, with emergency and substantial needs.

IH’s DWC is currently uninhabitable and IH’s women’s shelter participants have been relocated to a temporary shelter in Emeryville. The DWC, which will provide permanent and interim housing when complete, has been undergoing major rehabilitation since October 2022. The City previously allocated $680,000 of CDBG public facility funds to this project on June 27, 2023 (Resolution #70,904 – N.S.) to address the major repairs needed, accessibility barriers, and safety issues throughout the building. The renovated building will provide a safer, cleaner, more energy efficient facility for tenants, program participants, staff, and 73 beds (15 permanent and 58 interim shelter). Since construction began, both construction costs for unforeseen items to ensure health and safety compliance (i.e., structural reinforcement to meet seismic reinforcement code, failing sewer lines, poor infrastructure due to age of the building, energy efficiency, heating and cooling systems, electrical panel, etc.), as well as rising material and labor costs have increased substantially. An additional allocation of $450,000 of CDBG public facility funds will enable critical construction work to continue. The total cost for the CDBG funded project is now $1,130,000. Without these funds, the project will be significantly delayed or not completed at all.

The LSYS TPF youth shelter cannot operate or serve clients until necessary safety improvements are made. The City previously allocated $415,144 of CDBG public facility funds to this project on April 26, 2022 (Resolution #70,332 – N.S.) and construction is

Substantial Amendments to the PY 2018, PY 2019, PY 2020, and PY 2021 PUBLIC HEARING Annual Action Plans to Reallocate Community Development Block Grant (CDBG) Funding July 23, 2024

underway. Since this allocation the sewer lateral lines were replaced to address settlement issues. Presently, the subfloor concrete needs leveling in the hallway, kitchen, and laundry area and the foundation drain piping needs replacing under the building to ensure proper drainage to the main storm drain. These emergent needs require immediate attention. Without this funding, flooring cannot be installed in key areas of the building, and the building is at risk for further structural issues due to settlement if water continues to drain toward the foundation instead of the street. Until this much-needed rehabilitation work is complete, LSYS has not been able to shelter homeless transitional aged youth in the Turning Point program. Adding the additional funding will allow LSYS to complete the construction project and be ready to enroll and serve 12 unsheltered TAY participants by the end December 2024.

The reallocation of funds from the SDRLP to the HHCS Public Facility Improvement Program will not hinder SDRLP's operations since SDRLP can access remaining CDBG as an alternative funding source to support its operations, ensuring its programming continues smoothly. This reallocation allows the HHCS Public Facility Improvement Program to meet its funding needs without compromising the administration of SDRLP.

Table 1: Existing CDBG Funds in SDRLP and Public Facility Improvement Program and Proposed Reallocation to 2140 Dwight Way and 3404 King Street Source Available
Funds
Proposed
Agency Award:

LSYS (3404 King
Street)
Proposed
Agency Award:

IH (2140 Dwight
Way)
SDLRP - PY 2018 $28,500 $28,500 $0
SDLRP - PY 2019 $150,000 $0 $150,000
SDLRP - PY 2020 $150,000 $0 $150,000
SDLRP - PY 2021 $150,000 $0 $150,000
Public Facility – PY 2024 $24,275 $24,275 $0
TOTAL to

REALLOCATE/AWARD
$502,775 $52,775 $450,000
Approving the recommended allocation of funds will support the City’s goal to reduce unsheltered homelessness by 75%, provide affordable housing and housing support service for our most vulnerable community members.

At its July 11, 2024 meeting, the Housing Advisory Commission will be contemplating this recommendation and supplemental materials on their vote will be provided when available.

BACKGROUND
The City of Berkeley is an entitlement jurisdiction and receives an annual allocation of federal CDBG funding through HUD. Council allocates this CDBG federal funding to

Substantial Amendments to the PY 2018, PY 2019, PY 2020, and PY 2021 PUBLIC HEARING Annual Action Plans to Reallocate Community Development Block Grant (CDBG) Funding July 23, 2024

specific projects each year in April, and authorizes the submission of an Annual Action Plan to HUD, which outlines how funds will be spent. One of the programs that the City continues to fund through the CDBG program is the Public Facility Improvement Program. The Public Facility Improvement Program funds are typically administered through a NOFA, unless there is an emergent and substantial need serving CDBG eligible residents.

HUD regulations require that the City of Berkeley follow a Citizen Participation Process in allocating federal funding, which requires that the city enlist input from the general public when developing the spending plan and when any major changes to the spending plan are proposed. Major changes to the spending require the submission of a Substantial Amendment to the Annual Action Plan. These changes must be accompanied by a public hearing.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Both the IH and LSYS rehabilitation projects will follow current building codes including energy efficiency codes. Additionally, the IH DWC rehabilitation project will help to preserve an existing historic building.

RATIONALE FOR RECOMMENDATION
This recommendation of one-time funding is being made in order for the City to be responsive to emergent needs for rehabilitation of IH’s 2140 Dwight Way and LSYS’ 3404 King Street. Both agencies and buildings serve vulnerable low-income Berkeley residents and are currently closed to programming for program participants.

Because IH’s DWC has been closed to staff and participants since October 2022 due to a fire and subsequent rehabilitation/construction needs and that IH provides critical services to some of the most vulnerable Berkeley community members, we are confident that this is a good use of eligible funds. When completed, DWC will provide 73 beds for interim and permanent housing, and have an industrial kitchen to provide daily hot meals to all residents.

LSYS has not been able to operate the housing program during the building rehabilitation. The Turning Point program serves up to 12 homeless youth for up to 24 months, providing temporary yet stable shelter with shared rooms, daily meals, and transportation assistance. Case management, therapy, assistance finding and maintaining permanent housing, and crisis intervention are also available to clients during their time with Turning Point.

Reallocating PY 2018, 2019, 2020, and 2021 funds from the SDRLP to the Public Facility Improvement Program, and then allocating these funds, plus a portion of PY 2024, to Public Facility improvements to IH’s 2140 Dwight Way, and LSYS, 3404 King

Substantial Amendments to the PY 2018, PY 2019, PY 2020, and PY 2021 PUBLIC HEARING Annual Action Plans to Reallocate Community Development Block Grant (CDBG) Funding July 23, 2024

Street, is aligned with the City’s goal as contained in the City’s Consolidated Plan1 for this activity (Improve Public Facilities and Public Services).

ALTERNATIVE ACTIONS CONSIDERED
No alternative action was considered. If not funded, the building rehabilitations at 2140 Dwight Way and 3404 King Street will be further delayed resulting in loss of services and interim and permanent housing beds in Berkeley’s system without this additional funding. It is crucial that these projects are completed as soon as possible.

CONTACT PERSON
Kat Larrowe, Community Services Specialist III, HHCS, (510) 981-7555 Attachments:
1: Resolution
2: City of Berkeley PY 2018 Annual Action Plan Second Substantial Amendment 3: City of Berkeley PY 2019 Annual Action Plan Third Substantial Amendment 4: City of Berkeley PY 2020 Consolidated Plan/Annual Action Plan Fifth Substantial Amendment
5: City of Berkeley PY 2021 Annual Action Plan First Substantial Amendment 6: Public Hearing Notice
1Consolidated Plan for Housing and Community Development 2020-2025 Direct link available at: https://berkeleyca.gov/community- recreation/community-services/hud-planning-performance-reports

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

SUBSTAINTIAL AMENDMENTS TO THE PY 2018, 2019, 2020, AND 2021 ANNUAL

ACTION PLANS, APPROVING REVISED FUNDING RECOMMENDATIONS FOR PUBLIC FACILITY PROJECTS, AND ALLOCATING CDBG PY 2024 PUBLIC

FACILITY FUNDS
WHEREAS, on July 13, 2021, City Council endorsed All Home’s Regional Action Plan on Homelessness that includes a goal to reduce unsheltered homelessness by 75% by 2024; and
WHEREAS, on January, 16 2024, City Council extended Berkeley’s Declaration of Homeless Shelter Crisis through January 17, 2029; and
WHEREAS, Insight Housing’s (IH) Dwight Way Center (DWC) and Larkin Street Youth Services (LSYS) Turning Point Facility are a significant permanent and interim housing resource in Berkeley and the completion of rehabilitation project will be significantly delayed without additional funding; and
WHEREAS, the City of Berkeley is an entitlement jurisdiction which receives Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), and HOME Investment Partnership Funds (HOME) funds from the U.S. Department of Housing and Urban Development (HUD) and has to submit an Annual Action Plan (AAP) each year to articulate spending plans including funds from PY 2018, 2019, 2020, and 2021; and WHEREAS, a Substantial Amendment to the AAP is a requirement the City must meet in accordance with the City’s Citizen Participation Plan, including a public hearing, in order to reallocate CDBG funds from one program to another when major changes to the spending plan are proposed; and
WHEREAS, the City has established the following ERMA budget code for CDBG 128 – various; and
WHEREAS, the City’s allocation of CDBG funds currently includes an annual allocation for Senior Disabled (Home) Loan Rehabilitation Program (SDLRP) and Public Facility Improvement Program funding; and
WHEREAS, the PY 2018, 2019, 2020, and 2021 has $478,500 of available funds to re- allocate from SDLRP to Public Facilities Improvement Program; and WHEREAS, the IH DWC located at 2140 Dwight Way and LSYS Turning Point Facility at 3404 King Street have previously been awarded CDBG Public Facility Improvement Funds due to inability and/or safety concerns, and now both have a demonstrated a need for additional funds due to rising costs and change orders to address unanticipated construction needs; and

WHEREAS, allocating additional CDBG funds to both IH and LSYS will fill the funding gap to ensure project completion and reinstatement of shelter beds; and WHEREAS, reallocating PY 2018, 2019, 2020, and 2021 of SDLRP funding to the Public Facility Improvement Program and allocating PY 2024 CDBG Public Facilities Improvement Program funds is aligned with the City’s projected goals contained in the City’s Five-Year Consolidated Plan; and
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager, or her designee, is authorized to:

1. Reallocate $478,500 in PY 2018 ($28,500), PY 2019 ($150,000), PY 2020 ($150,000), and PY 2020 ($150,000) CDBG funding from the SDRLP to the Public Facility Improvement Program and submit Substantial Amendments to said Annual Action Plans; and

2. Allocate $450,000 of the reallocated funds be used for an existing public improvement project at IH DWC located at 2140 Dwight Way; and

3. Allocate $28,500 of the reallocated funds and $24,275 of the PY 2024 CDBG public facility funds for a total of $52,775 to an existing public improvement project at the LSYS site located at 3404 King Street; and

4. Execute resultant agreements and amendments with community agencies for the above-mentioned funds, including:
a. Insight Housing Dwight Way Center public facility improvement at 2140 Dwight Way; and
b. Larkin Street Youth Service public facility improvement at 3404 King Street; and

5. Amend and submit the Substantial Amendments to the PY 2018, 2019, 2020, 2021 Annual Action Plans to the U.S. Department of Housing and Urban Development (HUD) including public comments, and accept any resulting agreements with HUD; and
BE IT FURTHER RESOLVED that the City Manager, or her designee, is authorized to recapture any unspent CDBG funds awarded to an agency for a public facility improvement project as awarded, if the funds are not spent by June 30, 2025.

A record signature copy of said agreements and any amendments shall be on file in the office of the City Clerk.

CITY OF BERKELEY
SUBTANTIAL AMENDMENT #2

ANNUAL ACTION PLAN

FOR HOUSING AND COMMUNITY DEVELOPMENT
JULY 1, 2018 – JUNE 30, 2019 (PY 2018)
For the U.S. Department of Housing and Urban
Development
San Francisco Field Office of Community Planning
and Development
Originally Submitted June, 2018
Amendment Submitted July, 2019
Second Amendment Submitted July, 2024
Attachment 2

City of Berkeley
Annual Action Plan – Substantial Amendment #2
PY 2018
2 OMB Control No: 2506-0117 (exp. 06/30/2018)

Attachment 2

City of Berkeley
Annual Action Plan – Substantial Amendment #2
PY 2018
3 OMB Control No: 2506-0117 (exp. 06/30/2018)
Table of Contents
Executive Summary ....................................................................................................................................... 4 AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) ........................................................................ 4 PR-05 Lead & Responsible Agencies – 91.200(b) ...................................................................................... 8 AP-10 Consultation – 91.100, 91.200(b), 91.215(l) ................................................................................... 9 AP-12 Participation – 91.105, 91.200(c) ................................................................................................. 12 Expected Resources .................................................................................................................................... 17 AP-15 Expected Resources – 91.220(c)(1,2) ........................................................................................... 17 Annual Goals and Objectives ...................................................................................................................... 21 Projects ................................................................................................................................................... 24 AP-35 Projects – 91.220(d) ..................................................................................................................... 24 AP-38 Project Summary .......................................................................................................................... 25 AP-50 Geographic Distribution – 91.220(f) ............................................................................................. 30 Affordable Housing ..................................................................................................................................... 31 AP-55 Affordable Housing – 91.220(g) ................................................................................................... 31 AP-60 Public Housing – 91.220(h) ........................................................................................................... 32 AP-65 Homeless and Other Special Needs Activities – 91.220(i) ............................................................ 33 AP-75 Barriers to affordable housing – 91.220(j) ................................................................................... 36 AP-85 Other Actions – 91.220(k) ............................................................................................................ 37 Program Specific Requirements .................................................................................................................. 41

Attachment 1: City of Berkeley CDBG, ESG, and HOME Projects - revised Attachment 2: EveryOne Home Systemwide Outcomes and Efficiency Measures Attachment 3: Public Notice and Community Participation Summary – to be updated

Attachment 2

City of Berkeley
Annual Action Plan – Substantial Amendment #2
PY 2018
4 OMB Control No: 2506-0117 (exp. 06/30/2018)
Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)

1. Introduction
This Annual Action Plan is the 4th Annual Action Plan for the current Consolidated Planning period.

2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan.

The City of Berkeley (COB) has ambitious objectives for spending its federal entitlement grant funding.

Berkeley allocates these and other state and local funds to maximize assistance for its low and moderate-income households through:
• Housing acquisition, rehabilitation, repair, and accessibility improvements, • Assisting homeless adults and families including those with disabilities and other special needs, through emergency shelter, transitional housing, and service-enriched affordable, supportive housing; and
• Funding public facilities improvements to protect and sustain the infrastructure critical to community services and economic vitality in Berkeley.

The COB has long placed a high priority on affordable housing and community services because they reflect important community values. The City now invests more General Fund dollars into related programs than it receives in federal funding for these activities. The City is committed to maintaining high-quality programs for those in need but faces challenges due to uncertainty in future federal funds available. At the same time, ESG, HOME, Consolidated Plan, and Annual Action Plan requirements have substantially increased. Uncertain funding and increased administrative burden will impact the City’s ability to address all of the many needs identified.

Approved Allocations. As summarized in AP-38 and detailed in Attachment 1, the COB plans to allocate $2,679,928 in Community Development Block Grant (CDBG) funds together with $474,010 in prior years’ carryover and $180,000 (projected) in CDBG program income to fund:
• $1,542,796-1,514,296 in housing projects and programs; • $453,853 in public services;
• $793,803 765,303 for community and public facilities activities; and • $571,986 to administer all facets of the City’s CDBG program.

Attachment 2

City of Berkeley
Annual Action Plan – Substantial Amendment #2
PY 2018
5 OMB Control No: 2506-0117 (exp. 06/30/2018)
The COB will utilize its PY18 ESG allocation of $219,480 to: serve literally homeless people through its new Coordinated Entry System ($196,343), support the County-wide Homeless Management Information System, ($6,676), and support its program planning and administration activities ($16,461).

The COB will utilize its PY18 HOME allocation of $793,509 and $20,000 (projected) in program income for program administration ($81,351), Community Housing Development Organization (CHDO) operations ($28,115) and will allocate the remaining balance to its Housing Trust Fund ($704,043).

3. Evaluation of past performance
This is an evaluation of past performance that helped lead the grantee to choose its goals or projects.

The City reviews and evaluates its performance through its annual submission of the Consolidated Annual Performance and Evaluation Report. The City tracks single family and multi-family housing rehabilitation efforts and housing development efforts.

The City's Single Family Rehabilitation (SFR) program comprised of the City's Senior and/or Disabled Rehab Home Loan Program (SDRLP), Center for Independent Living, Community Energy Services Corporation and Rebuilding Together is evaluated on an ongoing basis to ensure that the most significant health and safety improvements are prioritized and that sufficient outreach is occurring to increase the number of unduplicated households served overtime.

In PY17, the City restructured its community facility RFP process. The RFP process was lengthy and not responsive to emergent agency needs. It started with the RFP release in early December with applications due the following January. HHCS staff and the Housing Advisory Commission would review the applications in February and March and make recommendations to Council for approval in April with contracts beginning the following fiscal year in July. The application-to-contract process created duplicate work for agencies in obtaining bid proposals. Agencies were required to obtain three bids as an attachment to their application for an accurate estimate of costs. These bids had a limited shelf-life, and if an agency was awarded funding, it had to obtain fresh bids (no older than 90 days) a second time to maintain compliant with HUD regulations.

In order to streamline the application process and prioritize more significant health and safety rehabilitation the City shifted its RFP process to a rolling application period with a minimum grant amount of $100,000. The program continues to focus on CDBG priorities for substantial rehabilitation for health and safety, ADA, and/or energy efficiency improvements. CDBG funds were allocated for renovations to the City’s Adult Mental Health Clinic in PY2017 and PY2018.

Attachment 2

City of Berkeley
Annual Action Plan – Substantial Amendment #2
PY 2018
6 OMB Control No: 2506-0117 (exp. 06/30/2018)
Outcomes for all public services community agency programs funded with federal funds are tracked, and prior outcomes are used to inform funding decisions. The City also uses countywide Homeless Count and program outcome data to inform its goals on homelessness.

4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan.

A public hearing on community needs was held on December 7, 2017 before members of the Housing Advisory Commission (HAC). The draft plan was posted on the City's website, and a copy was presented to the HAC at its February 1, 2018 and March 1, 2018 meetings. At its March 1, 2018 meeting, the HAC approved the Annual Action Plan. A Public Hearing on the Final Draft Plan was held on April 24, 2018 before the Berkeley City Council. Outreach was accomplished via mailings to interested parties, including Alameda County Homeless Continuum of Care, community agencies serving low-income people, and public buildings such as recreation centers, senior centers, libraries and other government buildings.

Additional public participation for Amendment #2 – to be added

5. Summary of public comments
This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan.

At the December 7, 2017 public hearing, Berkeley residents provided testimony regarding the need for affordable housing for all populations including transition age youth, assistance in finding affordable housing and help to build and repair credit, childcare, legal services, small facility improvement grants, and a bike share program that serves people with physical disabilities.

There were no public comments at Housing Advisory Commission meeting on March 1, 2018.

Public comment at the April 24, 2018 City Council Public Hearing included testimony from two non- profit agencies about the importance of public services and the funding that supports them. Prior to the meeting, a resident submitted comments via a phone call, requesting that the City fund youth and senior intergenerational activities.

Amendment #2 Public Participation response were as follows:
• To be added

6. Summary of comments or views not accepted and the reasons for not accepting them Attachment 2

City of Berkeley
Annual Action Plan – Substantial Amendment #2
PY 2018
7 OMB Control No: 2506-0117 (exp. 06/30/2018)
All comments were accepted.

Attachment 2

City of Berkeley
Annual Action Plan – Substantial Amendment #2
PY 2018
8 OMB Control No: 2506-0117 (exp. 06/30/2018)
PR-05 Lead & Responsible Agencies – 91.200(b)

1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source.

Agency Role Name Department/Agency

CDBG Administrator BERKELEY Health, Housing & Community Services Department
HOME Administrator BERKELEY Health, Housing & Community Services Department
ESG Administrator BERKELEY Health, Housing & Community Services Department
Table 1 – Responsible Agencies

Narrative (optional)
The City of Berkeley’s Health, Housing & Community Services Department (HHCS) is the lead agency for overseeing the development of the plan. The Department coordinates the City’s funding allocation and monitoring for community based organizations, administration of the Housing Trust Fund, and operation of other housing and community services programs such as the Shelter Plus Care program, and Senior and Disabled Home Rehabilitation Loan Program. The Department also includes the Mental Health, Public Health, and Aging Services divisions, which provide direct services to the community, and it includes the Environmental Health division.

Consolidated Plan Public Contact Information
Kat Larrowe
Community Services Specialist III
2180 Milvia Street, 2nd Floor
Berkeley, CA 94704
510-981-7555
[email protected]
Attachment 2

City of Berkeley
Annual Action Plan – Substantial Amendment #2
PY 2018
9 OMB Control No: 2506-0117 (exp. 06/30/2018)
AP-10 Consultation – 91.100, 91.200(b), 91.215(l)

1. Introduction
During the next year, the City of Berkeley will continue to coordinate the housing and community services activities within the department through regular senior staff meetings, such as a monthly Homeless Team meeting, and will continue to coordinate with other City Departments on specific topics.

It will also consult with EveryOne Home, the countywide coordinating body and plan to end homelessness, and its partners at Alameda County Behavioral Health Care Services and Social Services Agency as well as community stakeholders in Berkeley.

Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l))
City staff continue to participate in the implementation of EveryOne Home. EveryOne Home spearheads Alameda County’s Homeless Continuum of Care. Staff will continue to participate in the initiative’s Leadership Board, which includes most public funders of housing and homeless services in the county, as well as leadership from key community based organizations, including those which develop affordable housing. Leadership Board membership helps coordinate efforts across the county. In PY18, City will continue to work with EveryOne Home, Alameda County Behavioral Health Care Services and Social Service Agency to continue to implement the Countywide Coordinated Entry System (CES) for homeless services and will participate in EveryOne Home’s implementation of multiple CES sites throughout the county. Other recent countywide collaboration efforts include Alameda County’s 2017 Point in Time Homeless Count and report and the ongoing implementation of the Home Stretch registry, an initiative targeting people who are chronically homeless and highly vulnerable.

Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness In PY18, the City will continue to work with EveryOne Home, Alameda County Behavioral Health Care Services and Social Service Agency to implement the Berkeley Coordinated Entry System (CES) for homeless services and will participate in EveryOne Home’s implementation efforts to add multiple CES sites throughout the county. These efforts will lead to the standardization of screening, intake and assessments protocols across the Continuum of Care to better match people who are homeless with the best fit available housing solution.

Attachment 2

City of Berkeley
Annual Action Plan – Substantial Amendment #2
PY 2018
10 OMB Control No: 2506-0117 (exp. 06/30/2018)

Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS Consultation with EveryOne Home, the Alameda-Countywide Continuum of Care, City of Berkeley, the City of Oakland, and the Alameda County Housing and Community Services Department was initiated in 2012. The discussion focused on how to implement the new ESG requirements in a way that would be consistent countywide and would continue the collaboration launched in 2009 with American Recovery and Reinvestment Act (ARRA) Homelessness Prevention and Rapid Re-housing (HPRP) funds. The group held several meetings in PY12, resulting in the development of a policies and procedures manual that was used to implement the Priority Home Partnership Program. The most recent version was attached to the 2015 Consolidated Plan.

2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities

1 Agency/Group/Organization EveryOne Home
Agency/Group/Organization Type Services - Housing
Services-Children
Services-Persons with Disabilities
Services-homeless
Services-Employment
What section of the Plan was addressed by
Consultation?
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Strategy
Briefly describe how the
Agency/Group/Organization was consulted.

What are the anticipated outcomes of the
consultation or areas for improved
coordination?
The City of Berkeley adopted EveryOne Home's
plan to end homelessness in 2006 and the City
continues to participate in the implementation
of the plan. See above coordination with
EveryOne Home, Alameda County Behavioral
Health Care Services and SSA.

Attachment 2

City of Berkeley
Annual Action Plan – Substantial Amendment #2
PY 2018
11 OMB Control No: 2506-0117 (exp. 06/30/2018)
2 Agency/Group/Organization ALAMEDA COUNTY HOUSING & COMMUNITY

DEVELOPMENT
Agency/Group/Organization Type Services - Housing
Services-Children
Services-Persons with Disabilities
Services-Employment
What section of the Plan was addressed by
Consultation?
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Strategy
Briefly describe how the
Agency/Group/Organization was consulted.

What are the anticipated outcomes of the
consultation or areas for improved
coordination?
See above coordination with Alameda County.

Table 2 – Agencies, groups, organizations who participated

Identify any Agency Types not consulted and provide rationale for not consulting Not applicable.

Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan?
Continuum of
Care EveryOne Home
The City of Berkeley adopted EveryOne Home's plan to end homelessness in 2006 and the City continues to participate in the implementation of the plan.

Table 3 – Other local / regional / federal planning efforts

Narrative (optional)
Not applicable.

Attachment 2

City of Berkeley
Annual Action Plan – Substantial Amendment #2
PY 2018
12 OMB Control No: 2506-0117 (exp. 06/30/2018)
AP-12 Participation – 91.105, 91.200(c)

1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting The City published a public hearing notice in the Berkeley Voice in accordance with its citizen participation plan for a October 19, 2016 Public Hearing at a joint meeting of the Housing Advisory, Homeless, Human Welfare and Community Agency and Children, Youth and Recreation Commissions. It also sent the notification to residents of public and assisted housing, users of community and senior centers, libraries, and residents being served by 56 community based agencies funded by the City of Berkeley. The City published a public hearing notice in the Berkeley Voice on March 24, 2017 for its April 25, 2017 Public Hearing at the Berkeley City Council meeting.

The City published a public hearing notice in the Berkeley Voice in accordance with its citizen participation plan for a July 23, 2019 Public Hearing at the City’s Council Meeting. It also sent the notification users of community and senior centers, libraries, and persons being served by over 50 community based agencies funded by the City of Berkeley. The City published a public hearing notice in the Berkeley Voice on June 28, 2019 for its July 23, 2019 Public Hearing at the Berkeley City Council meeting.

Substantial Amendment #2 Public Participation response were as follows:
• To be added

Attachment 2

City of Berkeley
Annual Action Plan – Substantial Amendment #2
PY 2018
13 OMB Control No: 2506-0117 (exp. 06/30/2018)

Citizen Participation Outreach
Sort
Order
Mode of
Outreac
h
Target of
Outreach
Summary o
f
response/
attendance
Summary of
comments receive
d
Summary of
comments not
accepted
and reasons
URL (If
applicable)
1 Public
Hearing
Minorities

Non-English
Speaking -
Specify
other
language:

Spanish and
Mandarin

Persons
with
disabilities

Residents
of Public
and
Assisted
Housing

Berkeley
Residents
19 community
members
attended
the
December
7, 2017
Public
Hearing and
15 people
provided
testimony.

In addition,
one email
and two
written
comments
were
received.

Berkeley residents
provided testimony
regarding the need
for the need for
affordable housing
for all populations
including transition
age youth,
assistance in
finding affordable
housing and help to
build and repair
credit, childcare,
legal services, small
facility
improvement
grants, and a bike
share program that
serves people with
physical disabilities.

All comments
were
accepted.

Many of the
priorities
mentioned are
funded by the
City through
local, state
and federal
funds.

Attachment 2

City of Berkeley
Annual Action Plan – Substantial Amendment #2
PY 2018
14 OMB Control No: 2506-0117 (exp. 06/30/2018)
Sort
Order
Mode of
Outreac
h
Target of
Outreach
Summary o
f
response/
attendance
Summary of
comments receive
d
Summary of
comments not
accepted
and reasons
URL (If
applicable)
2 Public
Meeting
Housing
Advisory
Commissio
n (HAC)
representat
ives
February 1,
members of
the HAC
discussed
the Annual
Action Plan.

HAC members
reviewed and
discussed the AAP
at its February 1,
2018 meeting.

Comments and
questions
pertaining to the
AAP focused on
clarification of the
budget as
compared to last
year's budget. Two
additional
comments
addressed CDBG
spending
distribution by
Council district and
one regarding
additional
considerations
given to diverse
housing models.

All comments
were
accepted.

Distribution
maps were
included
during in the
2015-2020
Consolidated
Plan.
https://ww
w.cityofber
keley.info/
Housing_A
dvisory_Co
mmission/
3 Public
Meeting
Housing
Advisory
Commissio
n (HAC)
representat
ives
March 1,
members of
the HAC
discussed
the Annual
Action Plan.

No comments. N/A
https://ww
w.cityofber
keley.info/
Housing_A
dvisory_Co
mmission/
Attachment 2

City of Berkeley
Annual Action Plan – Substantial Amendment #2
PY 2018
15 OMB Control No: 2506-0117 (exp. 06/30/2018)
Sort
Order
Mode of
Outreac
h
Target of
Outreach
Summary o
f
response/
attendance
Summary of
comments receive
d
Summary of
comments not
accepted
and reasons
URL (If
applicable)
4 Public
Hearing
Minorities

Non-English
Speaking -
Specify
other
language:

Spanish and
Mandarin

Persons
with
disabilities

Residents
of Public
and
Assisted
Housing

Low income
Berkeley
Residents
This Public
Hearing
was held at
the April
24, 2018,
City of
Berkeley
Council
Meeting.

See Item #
31 One phone call in
support of
providing youth
and senior
intergenerational
activities. Two
Berkeley non-profit
agencies provided
testimony at the
Public Hearing
regarding the value
of their programs
and the funding
that supports them.

N/A
https://ww
w.cityofber
keley.info/
Clerk/City_
Council/Cit
y_Council_
_Agenda_I
ndex.aspx

5. Public
Meeting
Housing
Advisory
Commissio
n (HAC)
representat
ives
July 11,
members of
the HAC
discussed
the
Amendmen
t to the
Annual
Action Plan.

Comments included
encouraging
homeless persons
were included in
the outreach about
the public hearing.

N/A
https://ww
w.cityofber
keley.info/
Housing_A
dvisory_Co
mmission/
Attachment 2

City of Berkeley
Annual Action Plan – Substantial Amendment #2
PY 2018
16 OMB Control No: 2506-0117 (exp. 06/30/2018)
Sort
Order
Mode of
Outreac
h
Target of
Outreach
Summary o
f
response/
attendance
Summary of
comments receive
d
Summary of
comments not
accepted
and reasons
URL (If
applicable)

6. Public
Hearing
Minorities

Non-English
Speaking -
Specify
other
language:

Spanish and
Mandarin

Persons
with
disabilities

Residents
of Public
and
Assisted
Housing

Berkeley
Residents
July 23
Council
Public
Hearing to
discuss the
Amendmen
t to the
Annual
Action Plan
None. N/A
https://ww
w.cityofber
keley.info/
Clerk/City_
Council/Cit
y_Council_
_Agenda_I
ndex.aspx

7. To be
added
(Housing
Advisory
Committ
ee)

8. To be
added
(Public
Hearing/
City
Council)

Table 4 – Citizen Participation Outreach

Attachment 2

City of Berkeley
Annual Action Plan – Substantial Amendment #2
PY 2018
17 OMB Control No: 2506-0117 (exp. 06/30/2018)
Expected Resources
AP-15 Expected Resources – 91.220(c)(1,2)
Introduction
The City will receive $ 3,692,917 in federal Housing and Urban Development Department (HUD) funds comprised of $ 2,679,928 in CDBG, $793,509 in HOME and $219,480 in ESG funds. Additionally, the City will add $180,000 (projected) in CDBG Program Income and $474,010 in unused CDBG carry over and $20,000 (projected) in HOME Program Income to these amounts.

Anticipated Resources
Progra
m
Source
of
Funds
Uses of Funds
Expected Amount Available Year 1 Expecte
d
Amount
Availabl
e
Remain
der of
ConPlan
$
Narrative
Description
Annual
Allocation
: $
Progra
m
Income:
$
Prior Year
Resources
: $
Total:
$
CDBG
public
-
federa
l
Acquisition
Admin and
Planning
Economic
Development
Housing
Public
Improvement
s
Public
Services
2,679,92
8 180,00
0 474,010 3,333,93
8 5,359,8
56 CDBG funds are
allocated to
public services,
housing services
and
rehabilitation,
and public
facility
improvements.

The City of
Berkeley does
not currently
use CDBG funds
for economic
development.

Attachment 2

City of Berkeley
Annual Action Plan – Substantial Amendment #2
PY 2018
18 OMB Control No: 2506-0117 (exp. 06/30/2018)
Progra
m
Source
of
Funds
Uses of Funds
Expected Amount Available Year 1 Expecte
d
Amount
Availabl
e
Remain
der of
ConPlan
$
Narrative
Description
Annual
Allocation
: $
Progra
m
Income:
$
Prior Year
Resources
: $
Total:
$
HOME
public
-
federa
l
Acquisition
Homebuyer
assistance
Homeowner
rehab
Multifamily
rental new
construction
Multifamily
rental rehab
New
construction
for ownership
TBRA
793,509 20,000 0 813,509 7,587,0
18 The City
allocates 10% of
the HOME
allocation to
administration,
5% for CHDO
operating costs,
and 85% to the
City Housing
Trust Fund.

Attachment 2

City of Berkeley
Annual Action Plan – Substantial Amendment #2
PY 2018
19 OMB Control No: 2506-0117 (exp. 06/30/2018)
Progra
m
Source
of
Funds
Uses of Funds
Expected Amount Available Year 1 Expecte
d
Amount
Availabl
e
Remain
der of
ConPlan
$
Narrative
Description
Annual
Allocation
: $
Progra
m
Income:
$
Prior Year
Resources
: $
Total:
$
ESG
public
-
federa
l
Conversion
and rehab for
transitional
housing
Financial
Assistance
Overnight
shelter
Rapid re-
housing
(rental
assistance)
Rental
Assistance
Services
Transitional
housing
Emergency
Shelter and
Street
Outreach
219,480 0 0 219,480 438,960
The City of
Berkeley uses
ESG funds for
Rapid
Rehousing ,
Emergency
Shelter and
Street Outreach
for literally
homeless
individuals and
families. A small
portion of the
ESG funds are
used to support
the County-
wide HMIS
system. The City
allocates 7.5%
of the allocation
to Planning and
Admin.

Table 5 - Expected Resources – Priority Table

Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied Most of the housing and community services programs described in the Consolidated Plan will continue to be delivered by nonprofit community based organizations. The City contracts with a wide range of housing and service providers using CDBG, HOME, ESG, Community Services Block Grant (CSBG), General Fund, and other sources of funding. These organizations leverage significant financial and in-kind support from individual community members, foundations, and private organizations that help meet the needs identified in this plan. In addition to leveraging at the individual agency level, the City has Attachment 2

City of Berkeley
Annual Action Plan – Substantial Amendment #2
PY 2018
20 OMB Control No: 2506-0117 (exp. 06/30/2018)
historically matched the investment of CDBG, HOME, and ESG dollars with the investment of General Funds. Typically, over two-thirds of the funding for community agency programs comes from General Funds. The City meets the HOME 25 percent match requirement and has accumulated over $4 million in excess match by investing local funds in HOME eligible affordable housing projects. The City meets the dollar for dollar match requirements for the ESG program by allocating General Funds to various homeless services providers. These programs received a total of over $290,000 in City General Funds each year.

If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan The City has long-term leases of City-owned property with non-profit organizations that address the needs identified. Programs operating in leased City-owned properties include:
• Berkeley Food and Housing Project’s Men’s Overnight Homeless Shelter; • BOSS’ Harrison House Shelter for Homeless men, women and families; • BOSS’ MASC – a homeless daytime Drop-In Center;
• BOSS’ Sankofa House – transitional housing for homeless families; and • Women’s Daytime Drop-In Center– Drop-in services for homeless families.

In November 2015, the City transferred a City-owned vacant lot, formerly the site of the proposed Prince Hall Arms development, to Harper Crossing LP for its development of the Harper Crossing affordable housing project. The City sold the land, which was valued at $1.95 million, for $500 under a Disposition and Development Agreement. The City also provided a Housing Trust Fund loan of $1.8 million to support the new construction of this 42-unit affordable senior housing development by Satellite Affordable Housing Associates. The development leased up in September 2017 and the loan activities will be completely finalized in early 2018.

The City is also exploring the use of the City-owned Berkeley Way parking lot as a site for permanent supportive housing, replacement emergency shelter, permanent affordable housing, and public parking. The Berkeley Way parking lot is nearly one acre in size and in a central location in close proximity to the Downtown Berkeley BART station. In mid-2016, the City entered into a Disposition and Development Agreement for BRIDGE Housing to develop the site in partnership with the Berkeley Food and Housing Project. In September 2016, the City committed just over $835,000 in local funds to support predevelopment activities for the site, and BRIDGE Housing is currently working on applying for permit and assembling financing. In 2017, the City reserved another $3.1M in local funds to support predevelopment activities at this site, and staff continue to work closely with the development team.

Discussion
Not applicable.

Attachment 2

City of Berkeley
Annual Action Plan – Substantial Amendment #2
PY 2018
21 OMB Control No: 2506-0117 (exp. 06/30/2018)
Annual Goals and Objectives

AP-20 Annual Goals and Objectives
Goals Summary Information
Sort
Orde
r
Goal Name Start
Year
End
Year Category Geographi
c Area
Needs
Addressed Funding Goal Outcome
Indicator
1 Affordable
Housing
Supply
and
Quality
201
5 201
9 Affordable
Housing BERKELEY Affordable
Housing
CDBG:
$1,542,796
-
$1,514,296
HOME:
$704,043
Rental units
constructed: 23
Household
Housing Unit
Homeowner
Housing
Rehabilitated: 121
Household
Housing Unit
2 Improve
Public
Facilities
and Public
Services
201
5 201
9 Non-
Housing
Community
Developme
nt

BERKELEY
Non-
Housing
Communit
y
Developm
ent
Homelessn
ess
CDBG:
$1,247,656
$1,219,156
Public Facility or
Infrastructure
Activities other
than
Low/Moderate
Income Housing
Benefit: 22222219
Persons Assisted
Public service
activities other
than
Low/Moderate
Income Housing
Benefit: 1060
Persons Assisted
Homeless Person
Overnight Shelter:
78 Persons
Assisted
Attachment 2

City of Berkeley
Annual Action Plan – Substantial Amendment #2
PY 2018
22 OMB Control No: 2506-0117 (exp. 06/30/2018)
Sort
Orde
r
Goal Name Start
Year
End
Year Category Geographi
c Area
Needs
Addressed Funding Goal Outcome
Indicator
3 Homeless
Preventio
n and
Rapid Re-
Housing
201
5 201
9 Homeless BERKELEY Homelessn
ess
ESG:
$219,480
Tenant-based
rental assistance /
Rapid Rehousing:
25 Households
Assisted
Emergency Shelter
and Street
Outreach:
155 Persons
Assisted in
Emergency Shelter
Table 6 – Goals Summary

Goal Descriptions
1 Goal Name Affordable Housing Supply and Quality
Goal
Description
CDBG and HOME funds are used to support new affordable housing, rehabilitating existing affordable housing, funding single family rehabilitation for seniors and the disabled, and other housing services, such as loan servicing. 2 Goal Name Improve Public Facilities and Public Services Goal
Description
Programs funded under this project serve people who are homeless and people facing housing discrimination. These projects will assist approximately 1078 people who are homeless and 60 low-income households facing housing discrimination. Additionally, funding is allocated to community facility improvements facilitated by Rebuilding Together and the City of Berkeley. The City will allocate $594,836 to the City’s Adult Mental Health Clinic for an emergent substantial rehabilitation project. Under Substantial Amendment #2 the City will allocate $28,500 to Larkin Street Youth Services for an emergent public facility project.

Attachment 2

City of Berkeley
Annual Action Plan – Substantial Amendment #2
PY 2018
23 OMB Control No: 2506-0117 (exp. 06/30/2018)
3 Goal Name Homeless Prevention and Rapid Re-Housing
Goal
Description
ESG funds will be used for Rapid-Rehousing financial assistance, Emergency Shelter, Street Outreach, and to support the county-wide Homeless Management Information System (HMIS). Additionally, the COB will utilize the maximum amount for administration activities.

Table 7 – Goal Descriptions
Estimate the number of extremely low-income, low-income, and moderate-income families to whom the jurisdiction will provide affordable housing as defined by HOME 91.215(b):

During PY18, Satellite Affordable Housing Associates will have the Grayson project in construction. Occupancy is expected by July 2019. Grayson will include 22 affordable units and one unrestricted manager’s unit. Six of the 22 units will be reserved for households earning up to 60% AMI (low), four at up to 50% AMI (very low), three at up to 40% AMI (very low), and nine at up to 30% AMI (extremely low). Of the total, 9 are supported by the HOME funds.

Attachment 2

City of Berkeley
Annual Action Plan – Substantial Amendment #2
PY 2018
24 OMB Control No: 2506-0117 (exp. 06/30/2018)
Projects
AP-35 Projects – 91.220(d)
Introduction
With its CDBG, HOME, and ESG funds, the City of Berkeley will fund eligible projects in the following categories: housing development, rehabilitation and services projects, public services, public/community facility improvement projects, emergency shelter grant programs, program planning and administration, and the Housing Trust Fund.

Projects
# Project Name
1 City of Berkeley Planning and Administration
2 Single Family Rehabilitation Programs
3 Public Services
4 Housing Services
5 Community Facility Rehabilitation
6 Housing Trust Fund
7 ESG18 - City of Berkeley Rapid Rehousing, Emergency Shelter, Street Outreach and HMIS Table 8 - Project Information

Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
The City continues to funds activities that have been identified as a need.

Attachment 2

City of Berkeley
Annual Action Plan – Substantial Amendment #2
PY 2018
25 OMB Control No: 2506-0117 (exp. 06/30/2018)

AP-38 Project Summary
Project Summary Information
1 Project Name City of Berkeley Planning and Administration Target Area BERKELEY
Goals Supported
Affordable Housing Supply and Quality
Improve Public Facilities and Public Services
Homeless Prevention and Rapid Re-Housing
Needs Addressed
Affordable Housing
Homelessness
Non-Housing Community Development
Funding CDBG: $571,986
HOME: $81,351
Description The project will fund City staff to plan and administer CDBG and HOME projects.

Target Date N/A
Estimate the number
and type of families
that will benefit from
the proposed activities
N/A
Location Description
Planned Activities Information about the planned activities is included in Section AP-38 Project Summaries.
2 Project Name Single Family Rehabilitation Programs
Target Area BERKELEY
Goals Supported Affordable Housing Supply and Quality
Needs Addressed Affordable Housing
Funding CDBG: $833,089$861,589
Description
Activities related to single family rehabilitation efforts will be funded under this project. These projects will cover health and safety improvements as well as accessibility improvements such as the installation of ramps/lifts for low income homeowners and renters.

Attachment 2

City of Berkeley
Annual Action Plan – Substantial Amendment #2
PY 2018
26 OMB Control No: 2506-0117 (exp. 06/30/2018)
Target Date 6/30/2019
Estimate the number
and type of families
that will benefit from
the proposed activities
121 Households.

Location Description Various locations within the City of Berkeley.

Planned Activities Activities include health and safety, accessibility, and energy efficiency improvements.
3 Project Name Public Services
Target Area BERKELEY
Goals Supported Homeless Prevention and Rapid Re-Housing Needs Addressed Homelessness
Funding CDBG: $453,853
Description
Funds will be used to provide 1) housing navigation services to chronically homeless individuals through Berkeley’s Coordinated Entry system, 2) emergency shelter, and 3) fair housing services.

Target Date 6/30/2019
Estimate the number
and type of families
that will benefit from
the proposed activities
1,138 households are expected to be served through these activities.

Location Description Berkeley
Planned Activities
The Berkeley Food and Housing Project (BFHP) operates Berkeley's Coordinated Entry System which will screen, conduct intakes, and provide housing navigation services to approximately 1000 people. BFHP will also provide emergency shelter to approximately 78 adult homeless men. East Bay Community Law Center will provide outreach, training, fair housing counseling services to up to 60 households, investigation of 20 fair housing complaints, tenant/landlord mediation, and at least two fair housing testing/audits with follow-up training for non-compliant property owners. 4 Project Name Housing Services
Target Area BERKELEY
Goals Supported Affordable Housing Supply and Quality
Attachment 2

City of Berkeley
Annual Action Plan – Substantial Amendment #2
PY 2018
27 OMB Control No: 2506-0117 (exp. 06/30/2018)
Needs Addressed Affordable Housing
Funding CDBG: $66,174
Description
City staff provide loan services to support single family rehabilitation, housing trust fund projects, and other federally funded housing related activities.

Target Date 6/30/2019
Estimate the number
and type of families
that will benefit from
the proposed activities
The project will serve approximately 118 active housing rehabilitation loans.

Location Description Various locations within the City of Berkeley.

Planned Activities
Services provided under this project will include accounting, processing loan payments and loan payoff demands, deeds of reconveyance, lien releases and loan subordination requests, collections, personal financial analysis and structuring of temporary repayment agreements. 5 Project Name Community Facility Rehabilitation
Target Area BERKELEY
Goals Supported Improve Public Facilities and Public Services Needs Addressed Non-Housing Community Development
Funding CDBG: $794,486$765,986
Description Activities that fund the rehabilitation of public facilities are funded under this project.

Target Date 6/30/2019
Estimate the number
and type of families
that will benefit from
the proposed activities
It is projected that improved community facility improvements provided by Rebuilding Together East Bay North and the Berkeley Mental Health Clinic will benefit a minimum of 2,219 people. The number of beneficiaries is expected to increase with the addition of new community facility projects to be identified through the upcoming RFP.

Under Substantial Amendment #2 the City will allocate $28,500 to Larkin Street Youth Services for an emergent public facility project serving approximately 12 youth annually.

Location Description Various locations within the City of Berkeley.

Attachment 2

City of Berkeley
Annual Action Plan – Substantial Amendment #2
PY 2018
28 OMB Control No: 2506-0117 (exp. 06/30/2018)
Planned Activities
Activities include supporting our non-profit rehabilitation partner organization to improve community facilities, funding substantial rehabilitation to the City of Berkeley’s Adult Mental Health Clinic to serve some of the City’s lowest income and most vulnerable populations.
6 Project Name Housing Trust Fund
Target Area BERKELEY
Goals Supported Affordable Housing Supply and Quality
Needs Addressed Affordable Housing
Funding CDBG: $465,033
HOME: $732,158
Description Activities that provide funding for City staff in support of projects funded with City of Berkeley Housing Trust Fund dollars, includes funding for projects and CHDO operating funds.

Target Date 6/30/2019
Estimate the number
and type of families
that will benefit from
the proposed activities
During PY18, Grayson Street Apartments (23 units, 9 of which are supported by HOME funds) will be under construction. This project will likely be completed in PY19.

Location Description Citywide
Planned Activities City staff actively facilitate development, rehabilitation and/or preservation of affordable housing through working with developers, other city staff, lenders and other public agencies for the acquisition and rehabilitation of multi-family housing.
7 Project Name ESG18 - City of Berkeley Rapid Rehousing and HMIS Target Area BERKELEY
Goals Supported Homeless Prevention and Rapid Re-Housing Needs Addressed Homelessness
Funding ESG: $219,480
Description ESG funds will be used for Rapid Re-Housing, Emergency Shelter, Street Outreach, HMIS and City staff to plan and administer the program.

Target Date 6/30/2019
Attachment 2

City of Berkeley
Annual Action Plan – Substantial Amendment #2
PY 2018
29 OMB Control No: 2506-0117 (exp. 06/30/2018)
Estimate the number
and type of families
that will benefit from
the proposed activities
25 households will be served with rapid rehousing financial assistance. 155 persons will be assisted with emergency overnight shelter.

Location Description Various locations.

Planned Activities ESG funds will be used to provide financial assistance and housing relocation and stabilization services to rapidly re-house approximately 25 households, and support 155 people in Emergency Shelter.

Table 8 – Project Summary Information

Attachment 2