Agenda packet, first session — Berkeley City Council, July 30, 2024 (part 2 of 5)

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Tuesday, June 4, 2024 MINUTES Page 2
Preliminary Matters
Roll Call: 6:02 p.m.

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

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

Councilmember Bartlett present at 6:18 p.m.

Councilmember Bartlett participated in the meeting remotely under the just cause exception in the Brown Act as amended by AB 2449.

Report from Closed Session:

The City Council met in closed session on June 13, 2024 and took the following actions:

Authorized the City Attorney to settle the case of Lisa Romero v. RI 1031 Gilman LLC, et al., Alameda County Superior Court Case No. RG21107163 for $25,000.00, in exchange for a release of all claims against the City.

Authorized the City Attorney to settle the claim of Peter Wong for property damage caused by a Zero Waste vehicle, in the amount of $16,315.30.

Approved amendments to Section 30.1 of the Memorandum of Understanding with Berkeley Fire Fighters Association and Section 4.2 of the Berkeley Chief Fire Officers Association, which have been accepted by those employee organizations.

The City Council met in closed session on May 13, 2024 and took the following action:

Approved settlement in the amount of $60,952.92 to resolve FLSA and MOU claims by members of the Berkeley Fire Fighters Association regarding several add-on pays: Out of Class Pay, Hourly Differential Pay, Excess Sick Leave Payout, and cash-in-lieu of insurance pays.

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

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Ceremonial Matters

1. Recognition of Berkeley Pride Day and the Pacific Center for Human Growth

2. Recognition of the Championship Winning Berkeley High School Speech and Debate Team City Auditor Comments:

The City Auditor noted several items on the agenda including the Whistleblower Ordinance and the internal audit.

City Manager Comments: None
Public Comment on Non-Agenda Matters: 7 speakers.

Public Comment by Employee Unions: BFFA 1227; SEIU CSU/PTRLA; SEIU M&C Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 10 speakers.

Action: M/S/C (Arreguin/Wengraf) to add an urgent item to the agenda pursuant to Government Code Section 54954.2(b)(2) from the City Manager regarding an urgency ordinance for lease of property.

Vote: All Ayes.

Action: M/S/C (Hahn/Humbert) to add an urgent item to the agenda pursuant to Government Code Section 54954.2(b)(2) from Councilmember Hahn regarding parking permits for Berkeley High School employees.

Vote: All Ayes.

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

Vote: All Ayes.

Lease: Urgency Ordinance for leasing the real property at 1250-1288 9th Street, 1226 9th Street, 1249 8th Street, 1225 8th Street, 1223 8th Street, and 1221 8th Street From: City Manager
Recommendation: Adopt an urgency Ordinance to enter into a lease for the real property located at: 1250-1288 9th Street beginning on 11/1/2024 for 240 months; 1226 9th Street beginning on 1/1/2027 for 214 months; 1249 8th Street beginning on 12/1/2024 for 239 months; 1225 8th Street beginning on 12/1/2024 for 239 months; 1223 8th Street beginning on 12/1/2024 for 239 months; 1221 8th Street beginning on 7/1/2025 for 232 months.

Financial Implications: See Report
Contact: David Sprague, Fire Chief, (510) 981-3473
Action: Adopted Ordinance 7,923-N.S. Effective immediately.

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Clarification of City Policy on Implementation of Neighborhood Servicing Community Facilities (NSCF) Residential Preferential Parking (RPP) permits for Berkeley High School (BHS)
Recommendation: Adopt a Resolution re-approving the findings and direction provided by the City Council on January 16, 2024 and clarifying that, for purposes of Berkeley High School’s Neighborhood Servicing Community Facilities RPP permits, the calculation of the number of permits to be issued shall be as follows: - Multiply the total number of Employees, as defined by Council action on January 16, 2024, by 0.6 to yield the Maximum Permit Number; - Subtract the number of parking spaces provided by BHS for Employees from the total number of Employees to yield the Unparked BHS Employee Number; - Issue permits for all BHS Employees for whom permits have been requested, up to the Unparked BHS Employee Number or Maximum Permit Number, whichever is lower/less.

Financial Implications: See Report
Contact: Councilmember Sophie Hahn (510) 981-7150
Action: Adopted Resolution No. 71,358-N.S.

1. Repeal of Berkeley Municipal Code Chapter 12.80
From: City Attorney
Recommendation: Adopt second reading of Ordinance No. 7,907-N.S. repealing Chapter 12.80 to the Berkeley Municipal Code (BMC), which bans natural gas infrastructure in new construction. In California Restaurant Association v. City of Berkeley, the 9th Circuit Court of Appeals found this ordinance unlawful. Repeal is required by the parties' settlement agreement and would resolve the litigation.

First Reading Vote: All Ayes.

Financial Implications: None
Contact: Farimah Brown, City Attorney, (510) 981-6950
Action: Adopted second reading of Ordinance No. 7,907–N.S.

2. Amendment: FY 2024 Annual Appropriations Ordinance
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,908-N.S. amending the FY 2024 Annual Appropriations Ordinance No. 7,892–N.S. for fiscal year 2024 based upon recommended re-appropriation of committed FY 2023 funding and other adjustments in the amount of $64,638,405 (gross) and $52,765,663 (net).

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000 Action: Adopted second reading of Ordinance No. 7,908–N.S.

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3. Revised Fees for Public Use of City-Owned Electric Vehicle Charging Ports; Amending Berkeley Municipal Code Section 6.24.137
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,909-N.S. amending Berkeley Municipal Code (BMC) Section 6.24.137, Designation of and Restrictions for Electric Vehicle Parking Spaces, to: -Establish a schedule of rates for electric vehicle charging stations, and -Authorize the City Manager or her Designee to adjust the rates in accordance with the California Public Utility Commission’s electricity rate increases.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted second reading of Ordinance No. 7,909–N.S.

4. Amendment to Commissioner Leave of Absence Process
From: Mayor Arreguin (Author)
Recommendation: Adopt second reading of Ordinance No. 7,911-N.S. amending Berkeley Municipal Code (BMC) Section 3.02 to allow the Mayor to approve a Leave of Absence for a Commissioner appointed by the Council as a whole.

First Reading Vote: Ayes – Bartlett, Hahn, Humbert, Kesarwani, Lunaparra, Wengraf, Arreguin; Absent – Taplin.

Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Adopted second reading of Ordinance No. 7,911–N.S.

5. Contract: Amira Jackmon Attorney at Law, for Lorin and Gilman Parking Benefit District Formation Services
From: City Attorney, City Manager
Recommendation: Adopt a Resolution authorizing the City Attorney, acting on behalf of the Office of Economic Development to execute a contract and any necessary amendments with Amira Jackmon, Attorney at Law, for an amount not to exceed $70,000 for the development of parking benefit districts in the Lorin business district of South Berkeley and the Gilman district in West Berkeley.

Financial Implications: See report
Contact: Farimah Brown, City Attorney, (510) 981-6950, Eleanor Hollander, Economic Development, (510) 981-7530
Action: Adopted Resolution No. 71,359–N.S.

6. Assessments: Berkeley Tourism Business Improvement District From: City Manager
Recommendation: Adopt a Resolution approving the Annual Planning Report and preliminary budget for Fiscal Year 2025 (FY25) for the Berkeley Tourism Business Improvement District (BTBID) as recommended by the BTBID Owners’ Association.

Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530 Action: Adopted Resolution No. 71,360–N.S.

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7. Assessments: North Shattuck Property Based Business Improvement District From: City Manager
Recommendation: Adopt a Resolution approving the North Shattuck Property Based Business Improvement District (NSBID) Annual Report of Fiscal Year (FY) 2024 and proposed budget for FY 2025, and declaring Council’s intention to levy an annual assessment for the NSBID for FY 2025.

Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530 Action: Adopted Resolution No. 71,361–N.S.

8. Assessments: Telegraph Property Based Business Improvement District From: City Manager
Recommendation: Adopt a Resolution approving the Telegraph Property Based Business Improvement District (TBID) Annual Report of Fiscal Year (FY) 2024 and proposed budget for FY 2025, and declaring Council’s intention to levy an annual assessment for the TBID for FY 2025.

Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530 Action: Adopted Resolution No. 71,362–N.S.

9. Assessments: Downtown Berkeley Property Based Business Improvement District
From: City Manager
Recommendation: Adopt a Resolution approving the Downtown Berkeley Property Based Business Improvement District (DPBID) Annual Report of Fiscal Year (FY) 2024 and proposed budget for FY 2025, and declaring Council’s intention to levy an annual assessment for the DPBID for FY 2025.

Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530 Action: Adopted Resolution No. 71,363–N.S.

10. Contracts: Fine Art Services Providers for the Public Art Collection From: City Manager
Recommendation: Adopt three Resolutions authorizing the City Manager to execute three contracts and any associated amendments with the following companies for on-call fine art services for the City of Berkeley’s Public Art Collection, for a contract period through June 30, 2026.
-Gizmo Art Production, Inc., for an amount not to exceed $200,000. -ARG Conservation Services for an amount not to exceed $150,000. -Modify the existing Atthowe Fine Art Service for amount not to exceed $400,000 (thereby increasing Contract Number 32300137 by $200,000).

Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530 Action: Adopted Resolution No. 71,364–N.S. (Gizmo); Resolution No. 71,365–N.S. (ARG); and Resolution No. 71,366–N.S. (Atthowe).

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11. FY 2025 Tax Rate: Fund Debt Service on Neighborhood Branch Library Improvements Project General Obligation Bonds (Measure FF, November 2008 Election)
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2025 tax rate for funding the debt service on the Neighborhood Branch Library Improvements Project General Obligation Bonds (Measure FF, November 2008 Election) at

0.0048%.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted first reading of Ordinance No. 7,912–N.S. Second reading scheduled for June 25, 2024.

12. FY 2025 Tax Rate: Fund the Debt Service on the Street and Watershed Improvements General Obligation Bonds (Measure M, November 2012 Election) From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2025 tax rate funding the debt service on the Street and Integrated Watershed Improvements General Obligation Bonds (Measure M, November 2012) at 0.0064%.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted first reading of Ordinance No. 7,913–N.S. Second reading scheduled for June 25, 2024.

13. FY 2025 Tax Rate: Fund Debt Service on 2015 Refunding General Obligation Bonds (Measures G, S & I)
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2025 tax rate funding the debt service on the 2015 consolidation of Measures G, S and I (General Obligation Bonds - Elections of 1992, 1996 and 2002) at 0.0111%.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted first reading of Ordinance No. 7,914–N.S. Second reading scheduled for June 25, 2024.

14. FY 2025 Tax Rate: Fund the Debt Service on the Infrastructure and Facilities General Obligation Bonds (Measure T1, November 2016 Election) From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2025 tax rate funding the debt service on the Infrastructure and Facilities Improvements General Obligation Bonds (Measure T1, November 2016) at 0.0136%.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted first reading of Ordinance No. 7,915–N.S. Second reading scheduled for June 25, 2024.

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15. FY 2025 Tax Rate: Fund the Debt Service on the Affordable Housing General Obligation Bonds (Measure O, November 2018 Election)
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2025 tax rate funding the debt service on the Affordable Housing General Obligation Bonds (Measure O, November 2018) at 0.0250%.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted first reading of Ordinance No. 7,916–N.S. Second reading scheduled for June 25, 2024.

16. FY 2025 Tax Rate: Business License Tax on Large Non-Profits From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2025 tax rate for Business License Tax on large non-profits at $0.8207 (82.07 cents) per square foot of improvements.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted first reading of Ordinance No. 7,917–N.S. Second reading scheduled for June 25, 2024.

17. FY 2025 Tax Rate: Fund the Maintenance of Parks, City Trees and Landscaping From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2025 tax rate for funding all improvements for the maintenance of parks, City trees, and landscaping in the City of Berkeley at $0.2210 (22.10 cents) per square foot of improvements.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted first reading of Ordinance No. 7,918–N.S. Second reading scheduled for June 25, 2024.

18. FY 2025 Tax Rate: Fund the Provision of Emergency Medical Services (Paramedic Tax)
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2025 tax rate for funding the provision of emergency medical services to Berkeley residents at $0.0468 (4.68 cents) per square foot of improvements.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted first reading of Ordinance No. 7,919–N.S. Second reading scheduled for June 25, 2024.

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19. FY 2025 Tax Rate: Fund Emergency Services for the Severely Disabled (Measure E)
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2025 tax rate for funding the provision of emergency services for the disabled at $0.02094 (2.094 cents) per square foot of improvements.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted first reading of Ordinance No. 7,920–N.S. Second reading scheduled for June 25, 2024.

20. FY 2025 Tax Rate: Fund Firefighting, Emergency Medical Response and Wildfire Prevention (Measure FF)
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2025 tax rate for funding Firefighting, Emergency Medical Response and Wildfire Prevention (Measure FF) in the City of Berkeley at the annual tax rate of $0.1220 (12.20 cents) per square foot of improvements.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted first reading of Ordinance No. 7,921–N.S. Second reading scheduled for June 25, 2024.

21. Temporary Appropriations FY 2025
From: City Manager
Recommendation: Adopt a Resolution authorizing a temporary appropriation in the sum of $50,000,000 to cover payroll and other expenses from July 1, 2024, until the effective date of the FY 2025 Annual Appropriations Ordinance.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted Resolution No. 71,367–N.S.

22. Contract No. 32300165 Amendment: KLD Associates: Evacuation and Emergency Response Analysis
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend to Contract No. 32300165 with KLD Engineering, P.C. for evacuation and response time modeling to reassign to KLD Associates through June 30, 2026, and to provide an option to extend for an additional five (5) years and add $200,000, making initial term plus extension NTE $600,000 through June 30, 2031.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
Action: Adopted Resolution No. 71,368–N.S.

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23. Contract: Pinnacle for Pilot Fire Department Alternative Medical Response Unit From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Pinnacle Training Systems, LLC (Contractor) to provide nurse practitioner services for a pilot alternative medical response unit from June 17, 2024 to January 31, 2025 in an amount not to exceed $510,000 with an option to extend for three additional one-year terms in a total not to exceed $2,700,000.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
Action: Adopted Resolution No. 71,369–N.S.

24. Contract: Tablet Command for Mobile CAD and Incident Command From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee(s) to enter into a contract and any amendments with Tablet Command for Mobile Computer Assisted Dispatch (Mobile CAD) and Incident Command by piggybacking on a contract with the Orange County Fire Authority (OCFA). The Berkeley contract will be effective July 1, 2024 and end on September 30, 2024 in an amount not to exceed $77,250. Following an extension approved by the OCFA, the contract may be extended for up to four additional one-year renewal terms at a cost not to exceed an additional $65,000 per year.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
Action: Adopted Resolution No. 71,370–N.S.

25. Amending the Five-Year Plan and Submitting Application for Permanent Local Housing Allocation Program
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or the City Manager’s designee to amend the five-year Permanent Local Housing Allocation plan and apply for and accept funds from the State of California's Permanent Local Housing Allocation Program, in an amount not to exceed $3,321,617.

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,371–N.S.

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26. Contract No. 32300134 Amendment: Bonita House for Specialized Care Unit Provider
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to amend Contract No. 32300134 with Bonita House to add $500,000 of funding from the American Rescue Plan Act grant for a total not-to-exceed contract amount of $5,345,500.

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,372–N.S.

27. Contract No. 32400236 Amendment: Creative Educational Consultants, Inc.

From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to amend existing Contract No. 32400236 with Creative Educational Consultants, Inc., for the period beginning June 1, 2024, and ending June 30, 2025, as follows: 1) expand the scope to include additional positive youth development opportunities for African American/Black and Latinx Berkeley youth; 2) increase the contract limit by $25,300 (from $49,700 to $75,000); and 3) extend the contract end date to June 30, 2025.

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,373–N.S.

28. Contract No.32300197 Amendment: Resource Development Associates for Results Based Accountability Consulting Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 32300197 for $160,000 and any additional amendments or extensions, with Resource Development Associates (RDA) for Results Based Accountability consulting services. The contract amendment’s not-to-exceed amount will be increased to a total of $539,830 for the period July 1, 2023 through June 30, 2026.

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,374–N.S.

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29. Revenue Grant Agreements: Funding Support from Essential Access Health to Conduct Public Health Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to submit a grant application to Essential Access Health, to accept the grant, execute any resultant revenue agreement and amendment, and implement the projects and appropriation of funding for related expenses to conduct public health promotion, protection, and prevention services for the Essential Access Health revenue agreement in the projected amount of $120,000 for April 1, 2024 to March 30, 2025. Grant funds will support clinical reproductive health services, as well as individual and community health education and outreach activities at the Berkeley High School Health Center and the Berkeley Technology Academy Health Center (the High School Health Centers).

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,375–N.S.

30. Shelter Plus Care Program Renewal Grants
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to receive up to the maximum grant award for the following Shelter Plus Care grants and to execute any resultant agreements and amendments. a. A Shelter Plus Care grant from U.S. Department of Housing and Urban Development (HUD) in the amount of $2,327,914 for COACH Project (COACH) for the period of January 1, 2024 through December 31, 2024; and b. A federal Shelter Plus Care grant received via Alameda County in a not-to-exceed amount of $927,164 to provide tenant-based rental assistance to individuals who are chronically homeless and disabled from March 1, 2024 through February 28, 2025; and c. Two Shelter Plus Care grants from U.S. Department of Housing and Urban Development (HUD) that are estimated to be: 1.$4,165,069 for Supportive Housing Collaborative Project (SHC) for the period June 1, 2024 through May 31, 2025; and 2. $2,438,926 for COACH Project (COACH) for the period of January 1, 2025 through December 31, 2025.

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,376–N.S.

31. 2023 Police Equipment & Community Safety Ordinance Annual Report From: City Manager
Recommendation: Adopt a Resolution approving the 2023 Equipment Ordinance Annual Report.

Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900
Action: Adopted Resolution No. 71,377–N.S.

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32. Active Transportation Program Cycle 7 Grant Funding Applications From: City Manager
Recommendation: Adopt four Resolutions authorizing the City Manager to submit grant applications to the Caltrans Active Transportation Program (ATP) for the following projects: Southwest Berkeley Bike Boulevards for up to $4 million; Adeline Street Quick-Build for up to $1.05 million; accept the grants if awarded, and execute any resulting agreements and amendments. Two of these Resolutions are for applications to the Caltrans-administered ATP Statewide grant program, and two are applications to a regional sub-program, administered by the Metropolitan Transportation Commission (MTC).

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,378–N.S. (Bike Boulevards); Resolution No. 71,379–N.S. (Quick-Build); Resolution No. 71,380–N.S. (Local Support); and Resolution No. 71,381–N.S. (Application for Funding).

33. Authorize Purchase Order with National Auto Fleet Group for Twenty Ford Police Interceptor Utility (K8A) AWD Vehicles
From: City Manager
Recommendation: Adopt a Resolution satisfying the requirements of City Charter Article XI Section 67.2 allowing the City to participate in Sourcewell contract bid procedures and authorizing the City Manager to execute a purchase order for twenty (20) Ford Police Interceptor Utility (K8A) AWD vehicles with the National Auto Fleet Group in an amount not to exceed $1,269,808.20.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,382–N.S.

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

34. Contract: Edgeworth Integration, LLC for Installation of Security Cameras at Council-Approved Intersections; and Authorizing Additional External Fixed Video Surveillance Cameras
From: City Manager
Recommendation:

1. Adopt a Resolution authorizing the City Manager to execute a contract with Edgeworth Integration, LLC for purchase and installation of External Fixed Video Surveillance Cameras at fifteen council-approved locations, for an amount not to exceed $850,000.

2. Adopt a Resolution to authorize the installation of additional External Fixed Video Surveillance Cameras under this contract scope should they be approved by City Council, included in the Surveillance Policy and funding appropriated.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Item 34 continued to the June 25, 2024 meeting, including Supplemental Materials from the City Manager.

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35. FY 2024/2025 Transportation Development Act Article 3 Fund Allocation From: City Manager
Recommendation: Adopt two Resolutions:

1. Authorizing the City Manager to: submit an allocation request to the Metropolitan Transportation Commission (MTC) prior to the June 14, 2024 deadline for $151,950 of FY 24/25 Transportation Development Act (TDA) Article 3 funding to complete the Berkeley Bicycle Plan update.

2. Declaring that: the City of Berkeley is eligible to request an allocation of TDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code; there is no pending or threatened litigation that might adversely affect the project or projects described in Attachment B to this resolution, or that might impair the ability of the City of Berkeley to carry out the project; the project has been reviewed and supported by the Transportation and Infrastructure Commission (TIC) of the City of Berkeley; the City of Berkeley attests to the accuracy of and approves the statements in Attachment A to this resolution; and a certified copy of this resolution and its attachments, and any accompanying supporting materials, shall be forwarded to the Congestion Management Agency, countywide transportation planning agency, or County Association of Governments, as the case may be, of Alameda County for submission to MTC as part of the countywide coordinated TDA Article 3 claim.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,383–N.S. (Allocation Request); and Resolution No. 71,384–N.S. (Declaration).

36. Reappointment of Monica Renee Jones to the Mental Health Commission From: Mental Health Commission
Recommendation: Adopt a Resolution approving the reappointing of Monica Renee Jones to the Mental Health Commission, as a representative of the General Public Interest Category for a second 3-year term beginning June 4, 2024 and ending June 3, 2027. During her first term she was a member of the youth subcommittee and was the Chair for the last year.

Financial Implications: None
Contact: Jamie Works-Wright, Commission Secretary, (510) 981-5400 Action: Adopted Resolution No. 71,385–N.S.

37. Contract: GPP Analytics Inc. for Independent Third-Party Audit of Payroll Audit Division
From: Auditor
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments, extensions, or other change orders with GPP Analytics Inc. in an amount not to exceed $120,000 to conduct an independent performance audit of the City Auditor’s Office’s Payroll Division activities.

Financial Implications: See report
Contact: Jenny Wong, Auditor, (510) 981-6750
Action: Adopted Resolution No. 71,386–N.S.

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Consent Calendar
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38. Amendments to Berkeley’s Municipal Code Chapter 2.24 to Establish Whistleblower Program Authority
From: Auditor
Recommendation: Adopt first reading of an ordinance amending City Auditor’s Office (BMC Chapter 2.24) authority and scope of work to formally establish the City Auditor’s authority to receive and refer reports of fraud, waste, or abuse as well as investigate those reports and any reports of retaliation against whistleblowers.

Financial Implications: See report
Contact: Jenny Wong, Auditor, (510) 981-6750
Action: Adopted first reading of Ordinance No. 7,922–N.S. Second reading scheduled for June 25, 2024.

Council Consent Items

39. Appointment of Interim City Manager
From: Mayor Arreguin
Recommendation: Adopt a Resolution approving the appointment of LaTanya Bellow as the Interim City Manager to be effective July 11, 2024 to September 15, 2024 at a prorated rate of pay based upon an annualized salary of $401,722.10 for the period of service in this role, in addition to employee benefits, and approving an employment agreement.

Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Adopted Resolution No. 71,387–N.S.

40. Appointment of City Manager
From: Mayor Arreguin
Recommendation: Adopt a Resolution approving the appointment of Paul Buddenhagen as the City Manager of the City of Berkeley to be effective September 16, 2024 at an annual salary of $401,722.10 and additional employee benefits, and approving an employment agreement.

Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Adopted Resolution No. 71,388–N.S.

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Consent Calendar
Tuesday, June 4, 2024 MINUTES Page 16

41. Berkeley Humane: Bark (& Meow) Around the Block: Relinquishment of Council Office Budget Funds from General Funds and Grant of Such Funds From: Councilmember Taplin (Author)
Recommendation: Adopt a Resolution approving the expenditure of council office budget funds, including $500 from Councilmember Taplin, to support the Back (& Meow) Around the Block adoption event hosted by Berkeley Humane, with funds relinquished to the City’s general fund.

Financial Implications: See report
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Councilmembers Wengraf, Hahn, and Bartlett added as a co-sponsors.

Adopted Resolution No. 71,389–N.S. including contributions from the following Councilmembers up to the amounts listed: Vice-Mayor Wengraf - $250; Councilmember Humbert - $500; Councilmember Hahn - $250.

42. Support for H.R. 7849 (Thompson and LaMalfa)
From: Councilmember Wengraf (Author), Councilmember Bartlett (Co- Sponsor), Councilmember Hahn (Co-Sponsor)
Recommendation: Adopt a letter of support for the Disaster Resiliency and Coverage Act of 2024 (H.R. 7849, Thompson and LaMalfa) and send it to Representatives Mike Thompson, Doug LaMalfa, Barbara Lee and Senators Alex Padilla and Laphonza Butler.

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

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Action Calendar – Public Hearings
Tuesday, June 4, 2024 MINUTES Page 17

43. Modification and Adoption of Berkeley Fire Code Local Amendments and Incorporation of California Intervening Code Adoption Cycle Amendments Based on the 2022 California Fire Code
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt the second reading of Ordinance No. 7,903-N.S. which proposes to amend certain portions of Section 19.48.020 of the Berkeley Municipal Code (“Amendments to the California Fire Code”).

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
Public Testimony: The Mayor opened the public hearing. 0 speakers.

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

Vote: All Ayes.

Action: M/S/C (Arreguin/Wengraf) to adopt second reading of Ordinance No. 7,903- N.S.

Vote: All Ayes.

44. Re-Adoption of the Berkeley Building Codes, including Local Amendments to the 2022 California Building Standards Code
From: City Manager
Recommendation: Conduct a public hearing, and upon conclusion adopt the second reading of Ordinance No. 7,906-N.S. repealing and reenacting the Berkeley Building, Residential, Electrical, Mechanical, Plumbing, Energy, and Green Building Standards Codes in BMC Chapters 19.28, 19.29, 19.30, 19.32, 19.34, 19.36 and

19.37, and adopting related procedural and stricter provisions.

First Reading Vote: All Ayes.

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

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

Vote: All Ayes.

Action: M/S/C (Arreguin/Wengraf) to adopt second reading of Ordinance No. 7,906- N.S.

Vote: All Ayes.

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Action Calendar – Public Hearings
Tuesday, June 4, 2024 MINUTES Page 18

45. ZAB Appeal: 2113-15 Kittredge Street, Use Permit #ZP2022-0144 From: City Manager
Recommendation: Conduct a public hearing, and upon conclusion, adopt a Resolution affirming the Zoning Adjustments Board decision to approve Use Permit #ZP2022-0144 to demolish the commercial building on a landmarked site (preserving the front façade), and construct an 18-story (203 feet, with 8-foot, 4-inch parapet), 160,734-square-foot, mixed-use building with 211 dwelling units (including 22 Very Low-Income Density Bonus qualifying units), and a 24,273-square-foot live theater space, and dismiss the appeal.

Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Public Testimony: The Mayor opened the public hearing. 7 speakers.

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

Vote: Ayes – Kesarwani, Taplin, Bartlett, Hahn, Wengraf, Humbert, Arreguin; Noes – None; Abstain – None; Absent – Lunaparra (Recused – considered and voted on the project as a member of the Zoning Adjustments Board).

Action: M/S/C (Humbert/Kesarwani) to adopt Resolution No. 71,390–N.S. affirming the Zoning Adjustments Board decision to approve Use Permit #ZP2022-0144 to demolish the commercial building on a landmarked site (preserving the front façade), and construct an 18-story (203 feet, with 8-foot, 4-inch parapet), 160,734-square- foot, mixed-use building with 211 dwelling units (including 22 Very Low-Income Density Bonus qualifying units), and a 24,273-square-foot live theater space, and dismiss the appeal, with amendments to modify Conditions 41 and 42 and authorize staff to work with the applicant to finalize the language for Condition 42.

Action: M/S/C (Arreguin/Hahn) to suspend the rules and extend the meeting to 11:15 p.m.

Vote: All Ayes.

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Action Calendar – New Business
Tuesday, June 4, 2024 MINUTES Page 19

46. Fiscal Years 2025 and 2026 Proposed Budget and Fiscal Years 2025-2029 Capital Improvement Program
From: City Manager
Recommendation: Receive the Proposed Fiscal Years 2025-2029 Capital Improvement Program and provide comments on the Capital Improvement Program and the Fiscal Years 2025 and 2026 Proposed Biennial Operating Budget.

Financial Implications: See report
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000 Action: M/S/C (Arreguin/Hahn) to suspend the rules and extend the meeting to 11:30 p.m.

Vote: All Ayes.

Action: 40 speakers. Presentations made on Capital Improvement Program.

Council Action Items

47. Amend Berkeley Municipal Code Chapter 3.78 To Expand Eligibility Requirements for Representatives of The Poor to Serve on The Human Welfare and Community Action Commission (Reviewed by the Agenda & Rules Committee)
From: Councilmember Harrison (Author), Councilmember Bartlett (Co- Sponsor)
Recommendation: Amend Berkeley Municipal Code Chapter 3.78 to expand eligibility requirements for Representatives of the Poor to serve on the Human Welfare and Community Action Commission, or any successor commission, to consider the current geographic formation of poverty in Berkeley.

Policy Committee Recommendation: To send the item to the City Council with a negative recommendation.

Financial Implications: None
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140 Action: Moved to the Consent Calendar. No action taken.

Public Comment – Items Not Listed on the Agenda - 2 speakers.

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

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

Adjourned at 11:25 p.m.

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Tuesday, June 4, 2024 MINUTES Page 20
I hereby certify that the foregoing is a true and correct record of the regular meeting held on June 4, 2024.
________________________
Mark Numainville, City Clerk
Communications
Item #45: ZAB Appeal: 2113-15 Kittredge Street, Use Permit #ZP2022-0144

1. Law Offices of HansonBridgett
Utility Undergrounding District #48 Project (UUD48)

2. Richard Pettler, Attorney for Gary and Anita Ingram
Retaining Wall and Transformer Installation at 1407 Grizzly Peak

3. Law Offices of Richard Pettler, on behalf of clients Gary and Anita Ingram Rent Board Offices Closed

4. Robert Hagedorn
Narrow and Crowded Streets

5. Janet Huseby
Parking Lot at University and San Pablo

6. Ryan and Karin
Traffic Deaths

7. Charlotte Daniels
3031 Adeline Street Proposed Building

8. Lynn Cooper
District 7 Website

9. Erik Bigglestone
Merchants Advisement of Street Closures

10.Erik Bigglestone, on behalf of Games of Berkeley

11.Wahid Amiri, Deputy Director of Public Works/Engineering and Transportation (2) Bay City Paving No Parking Signs

12.Daniel Auten
Support Waterside Workshops

13.Amir Bahman
No International Resolutions

14.Todd Andrew

15.Councilmember Hahn

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Tuesday, June 4, 2024 MINUTES Page 21
Solano Stroll Safety

16.Todd Andrew, Chair Solano Avenue Business Improvement District Berkeley Bike Park

17.Dan Leaverton
Stop Sign and Traffic Light Visibility

18.Cecelia Mautner
Public Nuisance Abatement Complaint for Barkmont

19.Greenfire Law
2274 Shattuck Development

20.Mark Federico Moreno

21.Laura Fujii
Councilmember Assistance

22.Sally Torrez
Kala Art Institute Thank You

23.Ellen Lake
Soliciting on Fourth Street

24.Brian Donahue
Trouble with World Government

25.Vivian Warkentin
Excessive Solar Permit Fees

26.Mathew Hirsch
26-Story Apartment Tower

27.David Lerman
Youth Walkout at King Middle School

28.Sarah Lefton
Cesar Chavez Park Methane Control & Radioactivity

29.Virginia Browning (2)

30.Rain Sussman
Memorial to Irish Students – Graffiti

31.Moni Law
Yom Haatzmaut (Israeli Independence Day)

32.Jewish Coalition of Berkeley

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Tuesday, June 4, 2024 MINUTES Page 22
2023 Bayer Annual Report

33.Jennifer Cogley, on behalf of Bayer
2024 Police Accountability Report

34.Office of the Director of Police Accountability
1701 Hopkins

35.Keith Bayne (4)
Middle East Conflict

36.Kyra Ginsburg

37.Sholeh Asgary

38.Jon Jackson

39.Angelina Chen

40.Dorothea Dorenz

41.Aaron Katler

42.Erwan Illian

43.Russel Bates (5)
Supplemental Communications and Reports 1
Item #34: Contract: Edgeworth Integration LLC for Installation of Security Cameras at Council-Approved Intersections; and Authorizing Additional External Fixed Video Surveillance Cameras

44.Revised material, submitted by Public Works
Item 41: Berkeley Humane: Bark (& Meow) Around the Block: Relinquishment of Council Office Budget Funds from General Funds and Grant of Such Funds

45.Supplemental material, submitted by Councilmember Taplin Item #43: Modification and Adoption of Berkeley Fire Code Local Amendments and Incorporation of California Intervening Code Adoption Cycle Amendments Based on the 2022 California Fire Code

46.Janice Thomas
Item #44: Re-Adoption of the Berkeley Building Codes, including Local Amendments to the 2022 California Building Standards Codes

47.Janice Thomas
Supplemental Communications and Reports 2
Item #32: Active Transportation Program Cycle 7 Grant Funding Applications

48.Charles Siegel

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Tuesday, June 4, 2024 MINUTES Page 23
Item #43: Modification and Adoption of Berkeley Fire Code Local Amendments and Incorporation of California Intervening Code Adoption Cycle Amendments Based on the 2022 California Fire Code

49.Janice Thomas

50.Mike Kelly
Item #44: Re-Adoption of the Berkeley Building Codes, including Local Amendments to the 2022 California Building Standards Codes

51.Janice Thomas

52.Mike Kelly
Item #45: ZAB Appeal: 2113-15 Kittredge Street, Use Permit #ZP2022-0144

53.Hanon Bridgett Law Firm

54.California Housing Defense Fund
Item #46: Fiscal Years 2025 and 2026 Proposed Budget and Fiscal Years 2025- 2029 Capital Improvement Program

55.Parks, Recreation and Waterfront Commission

56.Troy Martinez

57.Jeremy Weintraub

58.Miranda Weintraub

59.Ellen Wu, on behalf of Urban Habitat

60.Rahel Smith

61.Susan Bassein

62.Alfred Twu

63.Foresta Sieck-Hill

64.Carolyn McKenzie, on behalf of Healthy Black Families

65.Supplemental material, submitted by City Manager’s Office Urgent Item
Clarification of City Policy on Implementation of Neighborhood Servicing Community Facilities (NSCF) Residential Preferential Parking (RPP) permits for Berkeley High School (BHS)

66.Urgent item, submitted by Councilmember Hahn
Lease: Urgency Ordinance for leasing the real property at 1250-1288 9th Street, 1226 9th Street, 1249 8th Street, 1225 8th Street, 1223 8th Street, and 1221 8th Street

67.Urgent Items, submitted by Fire Chief Sprague
Supplemental Communications and Reports 3
Item #23: Contract: Pinnacle for Pilot Fire Department Alternative Medical Response Unit

68.Andrea Prichett
Item #39: Appointment of Interim City Manager

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Tuesday, June 4, 2024 MINUTES Page 24

69.Ben Gerhardstein
Item #43: Modification and Adoption of Berkeley Fire Code Local Amendments and Incorporation of California Intervening Code Adoption Cycle Amendments Based on the 2022 California Fire Code

70.Chief David Sprague

71.Janice Thomas
Item #44: Re-Adoption of the Berkeley Building Codes, including Local Amendments to the 2022 California Building Standards Codes

72.Chief David Sprague

73.Janice Thomas
Item #45: ZAB Appeal: 2113-15 Kittredge Street, Use Permit #ZP2022-0144

74.Alisha Pember

75.Kelilah Federman

76.Dylan Casey and James M. Lloyd on behalf of, California Housing Defense Fund

77.Sean Marciniak on behalf of Hanson Bridgett (4)
Item #46: Fiscal Years 2025 and 2026 Proposed Budget and Fiscal Years 2025- 2029 Capital Improvement Program

78.Presentation, submitted by Budget and Fiscal Management

79.Presentation, submitted by Information Technology

80.Presentation, submitted by Parks, Recreation & Waterfront

81.Presentation, submitted by Public Works

82.Samatha Kanosky

83.Sophia DeWitt

84.Ben Gerhardstein

85.Peter Waller

86.Gregory Kalkanis

87.Berkeley Grassroots Leader Support Program

88.Young Lives Matter Foundation & the Berkeley Junior Jackets Urgent Items
Clarification of City Policy on Implementation of Neighborhood Servicing Community Facilities (NSCF) Residential Preferential Parking (RPP) permits for Berkeley High School (BHS)

89.Urgent item, submitted by Councilmember Hahn
Lease: Urgency Ordinance for leasing the real property at 1250-1288 9th Street, 1226 9th Street, 1249 8th Street, 1225 8th Street, 1223 8th Street, and 1221 8th Street

90.Urgent item, submitted by Fire Chief David Sprague

91.John Caner (2)

92.Chief Sprague

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Tuesday, June 4, 2024 MINUTES Page 25
Miscellaneous Communications

93.Eid

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Friday, June 14, 2024 MINUTES Page 1

M I N U T E S

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

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

Friday, June 14, 2024
2:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY, CA 94708 TELECONFERENCE LOCATION - 1619 EDITH STREET, BERKELEY, CA 94703

JESSE ARREGUIN, MAYOR
Councilmembers:

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

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

Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL https://cityofberkeley- info.zoomgov.com/j/1618252464. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 161 825 2464. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair. Please be mindful that the meeting will be recorded.

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

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

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

Attachment 3

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Friday, June 14, 2024 MINUTES Page 2
Preliminary Matters
Roll Call: 2:16 p.m.

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

Absent: Taplin, Wengraf
Councilmember Wengraf present at 3:12 p.m.

Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 4 speakers.

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

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

Consent Calendar

1. Elections Code Section 9212 Reports on Initiative Ordinances “Control of Infectious Aerosols in City Buildings” and “Large Buildings Fossil Fuel Emissions Tax”
From: Mayor Arreguin (Author)
Recommendation: Refer to the City Manager to prepare reports under the provisions of California Elections Code Section 9212 on two proposed ordinances that will appear before Berkeley voters on the November 5 ballot: The “Control of Infectious Aerosols in City Buildings” and “Large Buildings Fossil Fuel Emissions Tax” measures. Include analysis of costs to the City and other potential costs, City staffing implications, potential economic impacts and benefits, if any, on local businesses and city tax revenues, and feasibility of implementing the proposed initiative ordinances.

In addition, the Council welcomes any other information and analysis of potential interest to the City or the public, as determined by the City Manager and identified during the review process.

Financial Implications: Staff time
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Approved recommendation revised to include consideration of additional factors such as the social cost of carbon, safety risks, gas use trajectory, and potential benefits for the fossil fuel tax initiative.

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Action Calendar
Friday, June 14, 2024 MINUTES Page 3

2. Community Survey Results and Direction on Potential November 2024 Ballot Measures
From: City Manager
Recommendation: Review the results of the community survey and direct staff to prepare final language for City Council approval on July 30, 2024 for the following November 2024 revenue measures:

1. An amendment to the existing Parks Tax that results in 20% increase.

2. An amendment to the existing tax (Measure P) for general government use on transfers of real property at 2.5% of a property’s value for properties valued $1.5M or higher that increases the rate from 2.5% to 3% for properties valued $3M or higher, increases the rate from 2.5% to 3.5% for properties valued $10M or higher and removes its January 1, 2029 expiration date.

3. An amendment to the existing Sugar Sweetened Beverage Product Distribution Tax that removes the current 10-year expiration date of January 1, 2027.

4. Provide direction regarding next steps and timing related to a potential new tax that would support and expand performing and cultural arts institutions and programs in Berkeley, performing arts education activities in Berkeley’s public schools, culturally-diverse arts programs, festivals and street fairs, and capital projects for art spaces.

Financial Implications: None at this time
Contact: Anne Cardwell, City Manager's Office, (510) 981-7000; Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700
Action: 5 speakers. M/S/C (Hahn/Arreguin) to direct staff to prepare ballot measure materials for the November 2024 election as follows.
 Parks Maintenance Tax increase at the 20% level.
 Measure P renewal with added tiers, “top one-third” provisions, and remove the expiration clause.
 Sugar-Sweetened Beverage Tax extension that removes the expiration clause.  Revenue Measure for Arts Support and Programs – authorize Mayor Arreguin to work with staff and Lake Research on questions for a survey; begin drafting the measure with possible funding mechanisms of 2% TOT increase, maximum allowable sales tax increase, and 4-cents per square foot parcel tax; return to Council for consideration of the options and the polling results.

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

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

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

Adjourned at 5:10 p.m.

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Friday, June 14, 2024 MINUTES Page 4
I hereby certify that the foregoing is a true and correct record of the special meeting held on June 14, 2024.
________________________
Mark Numainville, City Clerk
Communications
 None
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
 None
Supplemental Communications and Reports 3
Item #1: Elections Code Section 9212 Reports on Initiative Ordinances “Control of Infectious Aerosols in City Buildings” and “Large Buildings Fossil Fuel Emissions Tax”

1. Laura X

2. Phoebe Thomas

3. Janice Schroeder

4. Daniel Tahara

5. Brianna McGuire

6. 6 similarly-worded form letters
Item #2: Community Survey Results and Direction on Potential November 2024 Ballot Measures

7. Presentation, submitted by City Manager’s Office

8. Kiran Shenoy(2)

9. Carole Marasovic

10.Barbara Gilbert

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Monday, June 24, 2024 MINUTES Page 1

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

S P E C I A L M E E T I N G M I N U T E S
MONDAY, JUNE 24, 2024
4:30 P.M.

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

JESSE ARREGUIN, MAYOR
Councilmembers:

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

Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL: https://cityofberkeley- info.zoomgov.com/j/1608132858. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID:
160 813 2858. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair. Please be mindful that the meeting will be recorded.

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

Attachment 4

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Monday, June 24, 2024 MINUTES Page 2
Preliminary Matters
Roll Call: 4:38 p.m.

Present: Taplin, Tregub, Hahn, Wengraf, Lunaparra, Humbert, Arreguin

Absent: Kesarwani, Bartlett
Public Comment - Limited to items on this agenda only – 0 speakers CLOSED SESSION:

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

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1):

In Re: National Prescription Opiate Litigation, United States District Court, Northern District of Ohio, Eastern Division, MDL 2804, Case No. 1:17-md-2804. Discussion and direction whether to participate in a new settlement with new Settling Defendant, Kroger Co., as part of the ongoing, nationwide settlements that are proposed to resolve all opioids litigation brought by states and local political subdivisions against various pharmacy chains, pharmaceutical manufacturers, and distributors. https://oag.ca.gov/opioids and https://nationalopioidsettlement.com/ Action: M/S/C (Arreguin/Taplin) to authorize the City Attorney to execute an agreement to opt in to the national opioid litigation settlement with Kroger: In Re: National Prescription Opiate Litigation, United States District Court, Northern District of Ohio, Eastern Division, MDL 2804, Case No. 1:17-MD-2804.

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

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

OPEN SESSION:

For agenda item 1, the council voted unanimously to authorize the City Attorney to execute an agreement to opt in to the national opioid litigation settlement with Kroger: In Re: National Prescription Opiate Litigation, United States District Court, Northern District of Ohio, Eastern Division, MDL 2804, Case No. 1:17-MD-2804.

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Monday, June 24, 2024 MINUTES Page 3
Adjournment
Action: M/S/C (Arreguin/Hahn) to adjourn the meeting.

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

Adjourned at 6:03 p.m.

I hereby certify that the foregoing is a true and correct record of the closed session meeting held on June 24, 2024.
________________________
Mark Numainville, City Clerk

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Tuesday, June 25, 2024 MINUTES Page 1

M I N U T E S

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

B E R K E L E Y C I T Y C O U N C I L
Tuesday, June 25, 2024
3:15 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY 94708

JESSE ARREGUIN, MAYOR
Councilmembers:

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

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

To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. To join by phone: Dial 1- 669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 160 210 6200. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair. Please be mindful that the meeting will be recorded.

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

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

Attachment 5

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Preliminary Matters
Roll Call: 3:24 p.m.

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

Absent: None
Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 1 speaker.

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

Vote: All Ayes.

Consent Calendar

1. Confirming the Results of the May 28, 2024, Special Municipal Election From: City Manager
Recommendation: Adopt a Resolution confirming the results of the May 28, 2024 Special Municipal Election for City Council District 4.

Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Adopted Resolution No. 71,391–N.S.

Council Consent Items

2. City Council Committee and Regional Body Appointments From: Mayor Arreguin (Author)
Recommendation: Adopt a Resolution approving appointments to City Council Policy Committees, Partnership Committees and Regional Bodies, to include Councilmember Tregub and make other changes.

Financial Implications: None
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Adopted Resolution No. 71,392–N.S.

3. Seating Arrangements for Councilmembers during City Council Meetings From: Mayor Arreguin (Author)
Recommendation: Adopt a Resolution rescinding Resolution No. 70,632–N.S and changing the seating placement of City Councilmembers on the dais to accommodate the newly-elected Councilmembers, as follows (From left to right, facing the dais): Tregub, Humbert, Kesarwani, Bartlett, Arreguin, Wengraf, Hahn, Taplin, Lunaparra.

Financial Implications: None
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Adopted Resolution No. 71,393–N.S.

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

Vote: All Ayes.

Adjourned at 3:30 p.m.

I hereby certify that the foregoing is a true and correct record of the special meeting held on June 25, 2024.
________________________
Mark Numainville, City Clerk
Communications
 None
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
 None
Supplemental Communications and Reports 3
 None

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M I N U T E S

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

B E R K E L E Y C I T Y C O U N C I L
Tuesday, June 25, 2024
3:30 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY, CA 94708

JESSE ARREGUIN, MAYOR
Councilmembers:

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

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

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

Attachment 6

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Preliminary Matters
Roll Call: 3:30 p.m.

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

Absent: None
Action Calendar – Public Hearings

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

23.326 Demolition and Dwelling Unit Control Ordinance.

Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Public Testimony: The Mayor opened the public hearing. 10 speakers.

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

Vote: All Ayes.

Action: M/S/Failed (Lunaparra/Hahn) to adopt first reading of Ordinance No. 7,924– N.S. as published in the agenda packet.

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

Action: M/S/Carried (Arreguin/Taplin) to adopt first reading of Ordinance No. 7,924– N.S. amended to include the definition of “Comparable Unit” from the supplemental materials submitted by Councilmember Kesarwani, and the added language proposed by staff in 23.326.030.D.2. Second reading scheduled for July 9, 2024.

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

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

Vote: All Ayes.

Adjourned at 5:42 p.m.

I hereby certify that the foregoing is a true and correct record of the special meeting held on June 25, 2024.
________________________
Mark Numainville, City Clerk

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Communications
 None
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
Item #1: Zoning Ordinance Amendments to Berkeley Municipal Code Chapter

23.326 Demolition and Dwelling Unit Controls

1. Revised material, submitted by Councilmember Kesarwani

2. Norma J F Harrison

3. MaryAnn Furda

4. Alfred

5. Chris Harrelson

6. Cliff Moser

7. Gregory Lemieux

8. Connie Clausen

9. Gary Miguel

10.Eric Johnson

11.Tawny Reynolds

12.Bert Ayers

13.Sarah Bell

14.Theo Posselt

15.Mariana Almeida

16.Frances C. Moore

17.Christine Goldin

18.Sean Kenmore

19.Jessica Fain

20.Chris Lee-Egan

21.Alisa

22.Sandra Smith

23.Tess Fruge

24.Maya Karpinski

25.Sheila Goldmacher

26.Judy MacLean

27.Elana Sulakshana
Supplemental Communications and Reports 3

28.Presentation, submitted by Planning & Development Department

29.Michael R. Hegarty

30.Joe Liesner

31.Karin Wertheim

32.Shiven Sankalia

33.The Berkeley Tenants Union

34.Joshua Rose

35.Matthew Lewis

36.Barry Fike

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37.Shelley Pitts

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MINUTES

BERKELEY CITY COUNCIL MEETING
Tuesday, June 25, 2024
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702

JESSE ARREGUIN, MAYOR
Councilmembers:

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

Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL: https://cityofberkeley- info.zoomgov.com/j/1602106200. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID:
160 210 6200. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair. Please be mindful that the meeting will be recorded.

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

Attachment 7

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Preliminary Matters
Roll Call: 6:15 p.m.

Present: Kesarwani, Taplin, Bartlett, Tregub, Hahn, Lunaparra, Humbert, Arreguin

Absent: Wengraf
Councilmember Wengraf at 6:41 p.m.

Report from Closed Session
The Council met in closed session on June 24, 2024 and voted to authorize the City Attorney to execute an agreement to opt in to the national opioid litigation settlement with Kroger: In Re: National Prescription Opiate Litigation, United States District Court, Northern District of Ohio, Eastern Division, MDL 2804, Case No. 1:17-MD-2804.

Ceremonial Matters

1. Swearing-In of Newly-Elected District 4 Councilmember Igor Tregub

2. Honoring City Manager Dee Williams-Ridley for Her Years of Service to Berkeley City Manager Comments:

The City Manager recognized the employee members of Team Unity, an employee group tasked with finding new programs for employee recognition as part of the Employer of Choice Initiative.

Public Comment by Employee Unions
Recess 7:12 p.m. – 7:23 p.m.

Public Comment on Non-Agenda Matters: 10 speakers.

Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 38 speakers.

Action: M/S/C (Arreguin/Tregub) to accept an urgency item from the City Manager pursuant to Government Code Section 54954.2(b)(2) entitled Contract Amendment:

California Lake Research Partners, Inc. for Community Survey.

Vote: All Ayes.

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

Vote: All Ayes.

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Urgent Item: Contract Amendment: California Lake Research Partners, Inc. for Community Survey
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or designee to amend the contract with California Lake Research Partners to add $40,000 for a total not-to-exceed contract amount of $80,000.

Financial Implications: See report
Contact: Anne Cardwell, City Manager's Office, (510) 981-7000, Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700
Action: Adopted Resolution No. 71,394–N.S.

1. FY 2025 Tax Rate: Fund Debt Service on Neighborhood Branch Library Improvements Project General Obligation Bonds (Measure FF, November 2008 Election)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,912–N.S. setting the FY 2025 tax rate for funding the debt service on the Neighborhood Branch Library Improvements Project General Obligation Bonds (Measure FF, November 2008 Election) at 0.0048%.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted second reading of Ordinance No. 7,912–N.S.

2. FY 2025 Tax Rate: Fund the Debt Service on the Street and Watershed Improvements General Obligation Bonds (Measure M, November 2012 Election) From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,913–N.S. setting the FY 2025 tax rate funding the debt service on the Street and Integrated Watershed Improvements General Obligation Bonds (Measure M, November 2012) at 0.0064%.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted second reading of Ordinance No. 7,913–N.S.

3. FY 2025 Tax Rate: Fund Debt Service on 2015 Refunding General Obligation Bonds (Measures G, S & I)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,914–N.S. setting the FY 2025 tax rate funding the debt service on the 2015 consolidation of Measures G, S and I (General Obligation Bonds - Elections of 1992, 1996 and 2002) at 0.0111%.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted second reading of Ordinance No. 7,914–N.S.

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4. FY 2025 Tax Rate: Fund the Debt Service on the Infrastructure and Facilities General Obligation Bonds (Measure T1, November 2016 Election) From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,915–N.S. setting the FY 2025 tax rate funding the debt service on the Infrastructure and Facilities Improvements General Obligation Bonds (Measure T1, November 2016) at 0.0136%.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted second reading of Ordinance No. 7,915–N.S.

5. FY 2025 Tax Rate: Fund the Debt Service on the Affordable Housing General Obligation Bonds (Measure O, November 2018 Election)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,916–N.S setting the FY 2025 tax rate funding the debt service on the Affordable Housing General Obligation Bonds (Measure O, November 2018) at 0.0250%.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted second reading of Ordinance No. 7,916–N.S.

6. FY 2025 Tax Rate: Business License Tax on Large Non-Profits From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,917–N.S. setting the FY 2025 tax rate for Business License Tax on large non-profits at $0.8207 (82.07 cents) per square foot of improvements.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted second reading of Ordinance No. 7,917–N.S.

7. FY 2025 Tax Rate: Fund the Maintenance of Parks, City Trees and Landscaping From: City Manager
Recommendation: Adopt second reading Ordinance No. 7,918–N.S setting the FY 2025 tax rate for funding all improvements for the maintenance of parks, City trees, and landscaping in the City of Berkeley at $0.2210 (22.10 cents) per square foot of improvements.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted second reading of Ordinance No. 7,918–N.S.

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8. FY 2025 Tax Rate: Fund the Provision of Emergency Medical Services (Paramedic Tax)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,919–N.S. setting the FY 2025 tax rate for funding the provision of emergency medical services to Berkeley residents at $0.0468 (4.68 cents) per square foot of improvements.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted second reading of Ordinance No. 7,919–N.S.

9. FY 2025 Tax Rate: Fund Emergency Services for the Severely Disabled (Measure E)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,920–N.S. setting the FY 2025 tax rate for funding the provision of emergency services for the disabled at $0.02094 (2.094 cents) per square foot of improvements.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted second reading of Ordinance No. 7,920–N.S.

10. FY 2025 Tax Rate: Fund Firefighting, Emergency Medical Response and Wildfire Prevention (Measure FF)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,921–N.S. setting the FY 2025 tax rate for funding Firefighting, Emergency Medical Response and Wildfire Prevention (Measure FF) in the City of Berkeley at the annual tax rate of $0.1220 (12.20 cents) per square foot of improvements.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted second reading of Ordinance No. 7,921–N.S.

11. Amendments to Berkeley’s Municipal Code Chapter 2.24 to Establish Whistleblower Program Authority
From: Auditor
Recommendation: Adopt second reading of ordinance No. 7,922–N.S amending City Auditor’s Office (BMC Chapter 2.24) authority and scope of work to formally establishing the City Auditor’s authority to receive and refer reports of fraud, waste, or abuse as well as investigate those reports and any reports of retaliation against whistleblowers.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Jenny Wong, Auditor, (510) 981-6750
Action: Adopted second reading of Ordinance No. 7,922–N.S.

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12. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of April 26, 2024 (closed), May 6, 2024 (closed), May 7, 2024 (special) (4 p.m. & 4:15 p.m.), May 7, 2024 (regular), May 10, 2024 (closed), May 13, 2024 (closed), May 14, 2024 (special), May 14, 2024 (regular), May 21, 2024 (closed), May 21, 2024 (special), May 21, 2024 (regular), May 24, 2024 (special)
Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Approved the minutes as submitted.

13. Contract: Live Free for Gun Violence Intervention and Prevention Program:

Custom Notification and Street Outreach Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Live Free USA (Contractor) to design, implement, and assess the Custom Notification and Street Outreach Services component of the City of Berkeley’s Gun Violence Intervention and Prevention Program for a two-year pilot, in an amount not to exceed $2,000,000 ($1,000,000 per fiscal year).

Financial Implications: See report
Contact: Carianna Arredondo, City Manager's Office, (510) 981-7000 Action: Adopted Resolution No. 71,395–N.S.

14. FY 2025 Tax Rate: Fund Fire Protection and Emergency Response and Preparedness (Measure GG)
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2025 tax rate for funding Fire Protection and Emergency Response and Preparedness in the City of Berkeley at the rate of $0.0629 (6.29 cents) per square foot of improvements for dwelling units and setting the rate for all other property at $0.09519 (9.519 cents) per square foot of improvements.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300; David Sprague, Fire, (510) 981- 3473
Action: Adopt first reading of Ordinance No. 7,925–N.S. Second reading scheduled for July 9, 2024.

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15. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on June 25, 2024
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval.

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

16. Appropriations Limit for FY 2025
From: City Manager
Recommendation: Adopt a Resolution establishing the appropriations limit at $353,538,057 for FY 2025 pursuant to Article XIIIB of the Constitution of the State of California based on the calculations for the appropriations limit.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted Resolution No. 71,396–N.S.

17. FY 2025 Reaffirming the Investment Policy and Designation of Investment Authority
From: City Manager
Recommendation: Adopt a Resolution reaffirming the Investment Policy (no revisions are recommended) and to confirm the delegation of investment authority to the Director of Finance to make investments for FY 2025.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted Resolution No. 71,397–N.S.

18. Agreement: City of El Cerrito Fire and Emergency Services From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a memorandum of understanding with the City of El Cerrito to provide year-round automatic aid in each jurisdiction for fire, technical rescue, emergency medical, and other emergency response, rescinding Resolutions No. 68,820-N.S and 66,821-N.S. and maintaining the existing mutual response area agreement until the year-round fire and emergency services agreement is ratified.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
Action: Adopted Resolution No. 71,398–N.S.

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19. Contract: Vector Solutions for Fire Records Management Software From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a piggyback contract and any amendments with Vector Solutions using the National Purchasing Partners (NPP) contract No. PS21095 in an amount not to exceed $200,000 for Fire Department Records Management from July 1, 2024 through March 24, 2027 with one (1), three (3) year option to extend.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
Action: Adopted Resolution No. 71,399–N.S.

20. Purchase Order: Wildfire Defense Mesh
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a Purchase Order with Wildfire Defense Mesh from June 1, 2024 until May 31, 2027 in an amount not to exceed $400,000 with an option to extend for an additional three (3) years.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
Action: Adopted Resolution No. 71,400–N.S.

21. Prioritizing City-Owned Land for Affordable Housing and Noticing of Potential Disposition of City-Owned Land
From: City Manager
Recommendation: Adopt a Resolution affirming the City’s commitment to prioritize City-owned land for affordable housing and publicly notice the potential disposition of City-owned land consistent with the Surplus Lands Act.

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,401–N.S.

22. Approving the Revised Operating Budget for Golden Bear Homes From: City Manager
Recommendation: Adopt a Resolution approving the revised operating budget for Golden Bear Homes (1620 San Pablo Avenue), with the understanding that the increased cost of operating the Homekey project may necessitate a future reservation of approximately $550,000 in City funds, if other operating sources are not identified for the project.

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,402–N.S.

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23. Additional Development Funding Reservation for 1740 San Pablo Avenue From: City Manager
Recommendation: Adopt a Resolution:

1. Reserving an additional $4,496,669 in Housing Trust Fund (HTF) program funds for the development loan agreement for BRIDGE Housing Corporation’s (BRIDGE) affordable housing project located at 1740 San Pablo Avenue.

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

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,403–N.S.

24. Revenue Grant Agreement: Funding Support from the State of California to Conduct Public Health Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to submit grant agreements to the State of California, to accept grant funding, and execute any resultant revenue agreements and amendments to conduct public health promotion, protection, and prevention services for the Maternal, Child and Adolescent Health (MCAH) Program in the projected amount of $375,000 for FY 2025.

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,404–N.S.

25. Revenue Grant Agreements: Funding Support from Alameda County to Conduct Public Health Services
From: City Manager
Recommendation: Adopt three Resolutions authorizing the City Manager or her designee to submit grant agreements to Alameda County, to accept the grants, and execute any resultant revenue agreements and amendments to conduct public health promotion, protection, and prevention services for the following four revenue agreements:

1. Berkeley High School and Berkeley Technology Academy Health Center Programs in the projected amount of $183,918 for Fiscal Year 2025.

2. School Linked Health Services Program (Measure A Funding) in the projected amount of $200,011 for Fiscal Year 2025.

3. Tobacco Prevention Program in the projected amount of $81,329 for Fiscal Year 2025.

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,405–N.S. (Berkeley High), Resolution No. 71,406–N.S. (School Linked), Resolution No. 71,407–N.S. (Tobacco Prevention).

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26. Memorandum of Understanding: SEIU Local 1021 Maintenance & Clerical Chapters
From: City Manager
Recommendation: Adopt a Resolution 1) approving a successor Memorandum of Understanding (hereafter referred to as “MOU”) with the Service Employees International Union Local 1021 Maintenance and Clerical Chapters (hereafter referred to as the “Union”) for a three-year term from June 27, 2024 to July 26, 2027 and authorizing the City Manager to execute and implement the terms and conditions of employment set forth in the new MOU and to make non-substantive edits to the format and language of the MOU in alignment with the tentative agreement, and conforming to legal requirements; and 2) approving a new Classification and Salary table for SEIU Local 1021 Maintenance and Clerical Chapter classifications that implement the salary adjustments reflected in the new MOU and supersede prior salary resolutions.

The terms of the proposed 2024-2027 MOU are within the parameters of authority approved by Council in closed session.

Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 71,408–N.S. including materials submitted in Supplemental Communications Packet #2 from the City Manager.

27. Unrepresented Employee Group Salaries, Longevity Differential, and Vision Insurance
From: City Manager
Recommendation: Adopt a Resolution approving salary adjustments, modification of the longevity differential, and the addition of vision insurance coverage for specified units of employees in the Unrepresented Employee Group and authorizing the City Manager to make edits to the Unrepresented Employee Manual in alignment with the Resolution, and to execute and implement the terms and conditions of employment set forth in the new Unrepresented Employee Manual.

The terms of the proposed 2024-2027 changes are within the parameters of authority approved by Council in closed session
Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 71,409–N.S. including materials submitted in Supplemental Communications Packet #2 from the City Manager.

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28. Memorandum of Understanding: Berkeley EMS Professionals From: City Manager
Recommendation: Adopt a Resolution 1) approving a new Memorandum of Understanding (MOU) with the Berkeley EMS Professionals (IAFF Local 1227) for a three-year term from July 1, 2023 through June 30, 2026 and authorizing the City Manager to execute and implement the terms and conditions of employment set forth in the new MOU; and 2) approving a new Classification and Salary table for EMS Professionals classifications that implements the salary adjustments reflected in the new MOU.

The terms of the proposed 2023-2026 MOU are consistent with those of the Berkeley Fire Fighters Association (BFFA) and within the parameters of authority approved by Council in closed session.

Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 71,410–N.S. including materials submitted in Supplemental Communications Packet #2 from the City Manager.

29. New Contract: Accela, Inc Software Upgrade and Maintenance From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a new Contract with Accela, Inc., for software upgrade and maintenance to their modern platform for a total not to exceed $1,324,193 from July 1, 2024 to June 30, 2027
Financial Implications: See report
Contact: Kevin Fong, Information Technology, (510) 981-6500 Action: Adopted Resolution No. 71,411–N.S.

30. AHEAD, Inc: Using the California Department of General Services’ (DGS) Software Licensing Program (SLP) for Software License Purchases From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to increase spending authority with AHEAD, Inc. (“AHEAD”) for the purchase of Varonis subscription software licenses, utilizing pricing and contracts, amendments, and extensions from the California Department of General Services (DGS) Software Licensing Program (SLP) increasing the amount by $550,890 for a total amount not- to-exceed $973,804.51 and the period beginning January 31, 2023 through September 28, 2025.

Financial Implications: See report
Contact: Kevin Fong, Information Technology, (510) 981-6500 Action: Adopted Resolution No. 71,412–N.S.

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Tuesday, June 25, 2024 MINUTES Page 12

31. FY 2025 Special Tax Rate: Fund the Provision of Library Services From: City Manager
Recommendation: Adopt the Resolution to recommend that the Berkeley City Council set the FY 2025 tax rate for funding the provision of Library Services in the City of Berkeley at $0.2800 (28.00 cents) per square foot for dwelling units and $0.4233 (42.33 cents) per square foot for industrial, commercial, and institutional buildings.

Financial Implications: See report
Contact: Tess Mayer, Library, (510) 981-6100; Henry Oyekanmi, Finance, (510) 981- 7300
Action: Adopt first reading of Ordinance No. 7,927–N.S. Second reading scheduled for July 23, 2024.

32. Grant Application: California Fire Foundation-Camps Wildfire Response Equipment
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to submit a California Fire Foundation grant application in the amount up to $25,000; to accept the grant; to execute any resultant revenue agreements and amendments; and authorizing the implementation of the project and appropriation of funding for related expenses, subject to securing the grant.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,413–N.S.

33. Audit Recommendation Status - Berkeley Police: Improvements Needed to Manage Overtime and Security Work for Outside Entities (Reviewed by the Budget & Finance Committee)
From: City Manager
Recommendation: Policy Committee Recommendation: No final action taken. Item is automatically returning to the Council agenda pursuant to the time limit for items referred to policy committees.

Financial Implications: see report
Contact: Jennifer Louis, Police, (510) 981-5900
Action: Report received and filed.

34. Approving Proposed Projects Anticipated to be paid for by the State’s Road Maintenance and Rehabilitation Account Funds for FY 2024-25 From: City Manager
Recommendation: Adopt a Resolution approving a proposed list of projects that will utilize funding from the State of California’s Road Maintenance and Rehabilitation Account, and authorize the City Manager to submit the proposed list to the California Transportation Commission.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,414–N.S.

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Tuesday, June 25, 2024 MINUTES Page 13

35. Purchase Order: WEX Fuel Card Program for Fueling of City Vehicles From: City Manager
Recommendation: Adopt a Resolution satisfying requirements of City Charter Article XI Sections 67.2 allowing the City to participate in Sourcewell contract bid procedures, and authorizing the City Manager to execute a multi-year purchase order for the WEX Fuel Card Program for fueling City vehicles in an amount not to exceed $1,500,000 through June 30th, 2029.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,415–N.S.

36. Contract: Bay Construction Co. for the Second Street STAIR Center Site Improvements and Shelter Units Project
From: City Manager
Recommendation: Adopt a Resolution:

1. Approving plans and specifications for Second Street STAIR Center Site Improvements and Shelter Units Project, Specification No. 23-11603-C;

2. Accepting the bid of Bay Construction Co. as the lowest responsive and responsible bidder; and

3. Authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications, for an amount not to exceed $1,069,200, which includes a contingency of $97,200.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,416–N.S.

37. Accepting Grant Funds from the U.S. Environmental Protection Agency for West Berkeley Aquatic Park Stormwater Improvement Project From: City Manager
Recommendation: Adopt a Resolution: Authorizing the City Manager to execute a $1.5M grant agreement with the U.S. Environmental Protection Agency (EPA) to plan, design, and construct a bioretention garden for the Channing Way Micro- Watershed and the installation of two Hydrodynamic separators on the Bancroft Street culvert and Channing Way.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,417–N.S.

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Tuesday, June 25, 2024 MINUTES Page 14

38. Grant Acceptance: Alameda CTC CIP 2024 Adeline Corridor Transportation Improvements
From: City Manager
Recommendation: Adopt a Resolution accepting funds from the Alameda County Transportation Commission (CTC) for the Adeline Street Transportation Improvements Project.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,418–N.S.

39. Contract: B Brothers Construction, Inc. for the West Berkeley Service Center Improvements Project
From: City Manager
Recommendation: Adopt a Resolution:

1. Approving plans and specifications for West Berkeley Service Center Improvements Project, Specification No. 21-11604-C;

2. Accepting the bid of B Brothers Construction, Inc. as the lowest responsive and responsible bidder; and

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,419–N.S.

40. Contract: Edgeworth Integration, LLC for Installation of Security Cameras at Council-Approved Intersections; and Authorizing Additional External Fixed Video Surveillance Cameras (Continued from June 14, 2024) From: City Manager
Recommendation:

2. Adopt a Resolution authorizing the installation of additional External Fixed Video Surveillance Cameras under this contract scope should they be approved by City Council, included in the Surveillance Policy and funding appropriated.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,420–N.S. as revised in Supplemental Communications Packet #1 by Public Works.

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

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Tuesday, June 25, 2024 MINUTES Page 15

41. Adopt a Resolution Supporting the Bay Area Housing Finance Authority’s 2024 Regional Affordable Housing Bond
From: Housing Advisory Commission
Recommendation: Adopt a Resolution supporting the Bay Area Housing Finance Authority’s (BAHFA’s) 2024 Regional Affordable Housing Bond.

Financial Implications: See report
Contact: Anna Cash, Commission Secretary, HHCS, (510) 981-5403 Action: Adopted Resolution No. 71,421–N.S.

42. Appointment of Ajay Krishnan to Mental Health Commission for the City of Berkeley
From: Mental Health Commission
Recommendation: Adopt a Resolution appointing: Ajay Krishnan as a representative of the General Public Interest Category to complete his first 3-year term beginning June 25, 2024 and ending June 24, 2027.

Financial Implications: See report
Contact: Jamie Works-Wright, Commission Secretary, (510) 981-5400 Action: Adopted Resolution No. 71,422–N.S.

43. Allocation of funds for a Nexus Study to develop a Parks Impact Fee for new developments
From: Parks, Recreation and Waterfront Commission
Recommendation: To provide for the foreseeable new park and recreation needs generated by the City’s assigned (RHNA) population growth, the Parks, Recreation and Waterfront Commission recommends that the City Council allocate $100,000 to fund a Nexus Study, in the FY24/25 Budget, as a first step toward adopting a Parks Impact Fee for new developments.

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

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

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Council Consent Items
Tuesday, June 25, 2024 MINUTES Page 16

44. Front Row Festival: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Mayor Arreguin (Author), Councilmember Hahn (Co-Sponsor) Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember including $500 from Mayor Arreguin to the Downtown Berkeley Association for their Front Row Festival with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Mayor Arreguin and any other Councilmembers who would like to contribute.

Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Adopted Resolution No. 71,423–N.S. revised to include contributions from the following Councilmembers up to the amounts listed: Councilmember Hahn - $300; Councilmember Bartlett - $200; Councilmember Humbert - $500; Councilmember Taplin - $500; Councilmember Tregub - $300; Vice-Mayor Wengraf - $500.

45. Support for ACA 14 – The Basic Labor Standards at the University of California Act
From: Mayor Arreguin (Author), Councilmember Hahn (Co-Sponsor), Councilmember Bartlett (Co-Sponsor)
Recommendation: Adopt a Resolution in support of ACA 14 (Ortega) – The Basic Labor Standards at the University of California Act. Send copies of the Resolution to Governor Gavin Newsom, State Senator Nancy Skinner, and Assemblymembers Buffy Wicks and Liz Ortega.

Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Councilmember Lunaparra added as a co-sponsor. Adopted Resolution No. 71,424–N.S.

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Tuesday, June 25, 2024 MINUTES Page 17

46. Accepting grant funding of $100,000 from San Francisco Foundation and engage Planet DMA (DBA DMA INK) in consulting work associated with the Equitable Black Berkeley (EBB) Initiative and execute a new contract with Gail McGuire to support EBB community engagement
From: Mayor Arreguin (Author), Councilmember Hahn (Co-Sponsor) Recommendation: Adopt a Resolution authorizing the City Manager to:

1. Receive $100,000 of grant funds from the San Francisco Foundation (SFF) (see Attachment #2) for project support and implementation for the Equitable Black Berkeley (EBB) Initiative;

2. Approve a PO with DMA INK (aka “DMA”) and the Mayor’s Office for services associated with supporting EBB for a total amount not to exceed $45,000; and

3. Execute a contract with the independent contractor between the Mayor’s Office and Gail McGuire to support EBB’s community engagement efforts at a weekly rate not to exceed $2,000 for twelve weeks.

Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Councilmember Bartlett added as a co-sponsor. Adopted Resolution No. 71,425–N.S.

47. Contract No. 32000196 Amendment: Szabo & Associates for Communications Consulting Services
From: Mayor Arreguin (Author)
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32000196 with Szabo & Associates for communications consulting services for the Mayor’s Office, increasing the contract amount by $32,500 for a new total not to exceed $336,000, extending the contract to November 30, 2024.

Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Adopted Resolution No. 71,426–N.S.

48. Downtown Berkeley Pride on the Plaza: Relinquishment of Council Office Budget Funds from General Funds and Grant of Such Funds From: Councilmember Taplin (Author), Mayor Arreguin (co-sponsor), Councilmember Lunaparra (co-sponsor)
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember, including $500 from the author and co- sponsors, to support the Downtown Berkeley “Pride on the Plaza” event.

Financial Implications: See report
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Councilmember Kesarwani added as a co-sponsor. Adopted Resolution No. 71,427–N.S. revised to include contributions from the following Councilmembers up to the amounts listed: Councilmember Hahn - $500; Councilmember Bartlett - $200; Councilmember Humbert - $500; Councilmember Tregub - $500; Councilmember Kesarwani - $100; Vice-Mayor Wengraf - $500.

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Action Calendar
Tuesday, June 25, 2024 MINUTES Page 18

49. Reserving $24.5 Million to Support the Development of Affordable Housing at the North Berkeley BART Site
From: City Manager
Recommendation: Adopt a Resolution:

1. Reserving $24.5 Million for the following affordable housing developments at the North Berkeley BART (NBB) site: a) NBB BRIDGE Phase 1 Project (BRIDGE Housing Corporation) at $10,657,975; b) NBB EBALDC Project (East Bay Asian Local Development Corporation) at $5,473,534; and c) NBB BRIDGE Insight PSH Project (BRIDGE Housing Corporation and Insight Housing) at 8,368,491.

2. Waiving Section I.A.1 of the Housing Trust Fund Guidelines for Applicant Experience for Insight Housing.

3. Authorizing the City Manager or designee to disburse up to $2M of the $24.5M reservation for predevelopment, if the development is unsuccessful in securing predevelopment funding from the Metropolitan Transportation Commission’s Priority Sites Program.

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

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Action: Moved to Consent Calendar. Adopted Resolution No. 71,428–N.S. including revised material in Supplemental Communications Packet #1 from Health, Housing, and Community Services.

50. Approval of the North Berkeley BART Affordable Housing Compliance Plan From: City Manager
Recommendation: Adopt a Resolution:

1. Approving the North Berkeley BART Affordable Housing Compliance Plan.

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

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Action: Moved to Consent Calendar. Adopted Resolution No. 71,429–N.S.

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Action Calendar – Public Hearings
Tuesday, June 25, 2024 MINUTES Page 19

51. Levy and Collection of Fiscal Year 2025 Street Lighting Assessments From: City Manager
Recommendation: Conduct a public hearing and upon conclusion adopt Resolutions confirming the assessments for the Berkeley Street Lighting Assessment District No. 1982-1 and the Street Lighting Assessment District 2018, approving the Engineer’s Reports, and authorizing the levying and collection of assessments in Fiscal Year 2025.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Public Testimony: The Mayor opened the public hearing. 1 speaker.

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

Vote: All Ayes.

Action: M/S/C (Arreguin/Hahn) to:

1. Adopt Resolution No. 71,430–N.S. (District No. 1982-1)

2. Adopt Resolution No. 71,431–N.S. (District 2018)
Vote: All Ayes.

52. Approval and Levy of 2018 Clean Stormwater Fee in FY 2025 From: City Manager
Recommendation: Conduct a public hearing and upon conclusion adopt a Resolution approving the proposed adjusted fees for the 2018 Clean Stormwater Fee and ordering the levy of the fees in Fiscal Year 2025.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Public Testimony: The Mayor opened the public hearing. 2 speakers.

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

Vote: All Ayes.

Action: M/S/C (Arreguin/Hahn) to adopt Resolution No. 71,432–N.S.

Vote: All Ayes.

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Action Calendar – Public Hearings
Tuesday, June 25, 2024 MINUTES Page 20

53. Fiscal Years 2025 & 2026 Biennial Budget Adoption
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion:

1. Adopt the Fiscal Years 2025 & 2026 (“FY25 and FY26”) Biennial Budget as contained in the City Manager’s FY25 & FY26 Proposed Biennial Budget, and as amended by subsequent Council action.

2. Authorizing the City Manager to provide applicable advances to selected community agencies receiving City funds in FY25, as reflected in Attachment 2 to the report, and as amended by subsequent Council action.

Financial Implications: See report
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000 Action: M/S/C (Arreguin/Tregub) to accept supplemental material from the City Manager for Item 53.

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

Action: M/S/C (Arreguin/Hahn) to suspend the rules and extend the meeting to 11:30 p.m.

Vote: All Ayes.

Action: M/S/C (Arreguin/Hahn) to suspend the rules and extend the meeting to 11:45 p.m.

Vote: All Ayes.

Action: M/S/C (Arreguin/Hahn) to suspend the rules and extend the meeting to 12:00 a.m.

Vote: All Ayes.

Public Testimony: The Mayor opened the public hearing. 34 speakers.

Action: M/S/C (Arreguin/Hahn) to 1) adopt Resolution No. 71,433–N.S. as proposed in the materials provided by the City Manager and accepted at the meeting by the Council, including additional allocations of $200,000 in FY 2026 for food insecurity, $670,240 in FY 2025 & 2026 for Legislative Aides funded at the top step; and adding $150,000 for security cameras in District 8 and District 3; and 2) Refer to the City Manager to develop and require annual financial reports by community agencies receiving funds outside the RFP process, including itemized use of City funds; City staff may provide basic technical assistance if needed by the agencies.

For the requested allocations list, Market Match is removed, and the remaining unfunded elements of the CARE Program are carried forward to AAO#1.

Vote: All Ayes.

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Tuesday, June 25, 2024 MINUTES Page 21

54. FY 2025 Annual Appropriations Ordinance
From: City Manager
Recommendation: Adopt first reading of an Ordinance adopting the FY 2025 Annual Appropriations Ordinance (AAO) in the amount of $776,943,545 (gross appropriations) and $670,897,257 (net appropriations).

Financial Implications: See Report
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000 Action: 0 speakers. M/S/C (Arreguin/Humbert) to adopt the first reading of Ordinance No. 7,926–N.S. with revised appropriations of $793,319,711 in Gross Revenue Appropriated, and $686,125,119 in Net Revenue Appropriated. Second reading scheduled for July 9, 2024.

Vote: All Ayes.

55. Borrowing of Funds and the Sale and Issuance of FY 2024-25 Tax and Revenue Anticipation Notes
From: City Manager
Recommendation: Adopt a Resolution approving the borrowing of $36,000,000 and the sale and issuance of Fiscal Year 2024-25 Tax and Revenue Anticipation Notes.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: 2 speakers. M/S/C (Wengraf/Hahn) to adopt Resolution No. 71,434–N.S.

Vote: All Ayes.

56. Adopt an Ordinance Adding Chapter 12.75 to the Berkeley Municipal Code to Establish Protections Relating to Horses Held, Owned, Used, Exhibited, or Otherwise Kept for Racing or Other Sport, Entertainment or Profit (Continued from January 16, 2024) (Reviewed by the Health, Life Enrichment, Equity, & Community Committee)
From: Councilmember Harrison (Author)
Recommendation: Adopt an Ordinance Adding Chapter 12.75 to the Berkeley Municipal Code to Establish Protections Relating to Horses Held, Owned, Used, Exhibited, or Otherwise Kept for Racing or Other Sport, Entertainment or Profit.

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

Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140 Action: Moved to the Consent Calendar and take no action on the item.

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Tuesday, June 25, 2024 MINUTES Page 22

57. Accept the Risk Analysis for Long-Term Debt (Bonding Capacity) Report provided by Government Finance Officers Association (Reviewed by the Budget & Finance Committee)
From: City Manager
Recommendation: Accept the report titled ‘Risk-Based Analysis and Stress Test of Long-Term Debt Affordability’ as provided by the Government Finance Officers Association (GFOA). This report is based on their research and development of a risk-modeling tool to address issuing long-term debt related to City of Berkeley Vision 2050.

On April 26, 2022, the City Council referred this item to the City Manager and Budget & Finance Committee to return to Council with recommendations or analysis on as many of the following items as possible by October 2022, if feasible. 1) Consideration of reserves policies for operational funds other than the General Fund; 2) Potential reduction of the maximum indebtedness rate from 15% of assessed property value down to 4-8% range; 3) A new policy to not incur indebtedness when interest rates go above 5% or a different specific threshold; 4) Tools for increased transparency for taxpayers; 5) Updated report and discussion of pension and healthcare costs; 6) Refer the full Report to the Budget & Finance Committee for consideration.

Policy Committee Recommendation: No final action taken. Item is automatically returning to the Council agenda pursuant to the time limit for items referred to policy committees.

Financial Implications: None
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Moved to Consent Calendar. Referred to the Budget & Finance Committee.

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Action Calendar
Tuesday, June 25, 2024 MINUTES Page 23

58. Adopt an Ordinance Adding a New Chapter 12.01 to the Berkeley Municipal Code Establishing Emergency Greenhouse Gas Limits, Process for Updated Climate Action Plan, Monitoring, Evaluation, Reporting and Regional Collaboration (Reviewed by the Facilities, Infrastructure, Transportation, Environment & Sustainability Committee)
From: Councilmember Harrison (Author), Councilmember Bartlett (Co- Sponsor), Councilmember Hahn (Co-Sponsor)
Recommendation:

1. Adopt an ordinance adding a new Chapter 12.01 to the Berkeley Municipal Code (BMC) establishing Emergency Greenhouse Gas Limits with an effective date of [ ], 2022.

2. Refer to the FY23-24 Budget Process $[ ] consistent with implementing the requirements of Sections 12.01.040, 12.01.050, 12.01.060.

Policy Committee Recommendation: No final action taken. Item is automatically returning to the Council agenda pursuant to the time limit for items referred to policy committees.

Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140 Action: Moved to Consent Calendar and take no action on the item.

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

59. Referral for Development of Request for Proposal (RFP) to Support Berkeley- Based Non-Profit Food Assistance Providers Serving Food Insecure Households (Reviewed by the Health, Life Enrichment, Equity, & Community Committee)
From: Councilmember Kesarwani (Author), Councilmember Humbert (Co- Sponsor), Councilmember Wengraf (Co-Sponsor)
Recommendation: Refer to the City Manager to develop and fund a Request for Proposal (RFP) process to support Berkeley-based non-profit food assistance providers serving food insecure households. Funds are intended for (but not limited to) the following needs:

1. Expansion of capacity to serve more people experiencing food insecurity, such as one-time purchase of equipment;

2. Hiring of additional staff to serve more people; and/or

3. Other emerging needs to be determined.

4. Refer $200,000 annually in funding to the biennial FY 2024-25 to FY 2025-26 budget process to fund qualified proposals resulting from the RFP.

Policy Committee Recommendation: The item referred to City Council with a Qualified Positive recommendation with the amendment of referring the issue of food assistance to the Community Agency RFP process the next time the RFP is developed.

Financial Implications: See report
Contact: Rashi Kesarwani, Councilmember, District 1, (510) 981-7110 Action: Councilmember Bartlett added as a co-sponsor. Moved to Consent Calendar.

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Information Reports
Tuesday, June 25, 2024 MINUTES Page 24

60. Voluntary Time Off Program for Fiscal Year 2025
From: City Manager
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000 Action: Received and filed.

61. Status Report - Berkeley’s Financial Condition (FY 2012 – FY 2021): Pension Liabilities and Infrastructure Need Attention
From: City Manager
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000 Action: Received and filed.

62. FY 2024 Second Quarter Investment Report: Ended December 31, 2023 From: City Manager
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Received and filed.

63. FY 2024 Third Quarter Investment Report: Ended March 31, 2024 From: City Manager
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Received and filed.

64. Zero Waste Commission Fiscal Year 2024-25 Work Plan From: City Manager
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Received and filed.

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

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

Vote: All Ayes.

Adjourned at 11:59 p.m.

I hereby certify that the foregoing is a true and correct record of the regular meeting held on June 25, 2024.
________________________
Mark Numainville, City Clerk
Communications
Item 53. Fiscal Years 2025 & 2026 Biennial Budget Adoption

1. Parks, Recreation, and Waterfront Commission

2. Sibyl Chen

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Tuesday, June 25, 2024 MINUTES Page 25

3. Courtney Pal on behalf of Dan Sawislak, Executive Director, Resources for Community Development

4. Ellen Lake

5. Daniel

6. Allison Foster

7. Maddie Emodi

8. Jane Diamond

9. Jake Teitelbaum

10.Cheryl Newbrough

11.Patrick Tool and Michelle Rostampour

12.Cheryl Brewster

13.Susan McKay
Middle East Conflict

14.Mohammed Harara

15.Sheela Jivan

16.Aylin Beyce

17.Erwan Illian (7)

18.russbumper (6)
Southside Complete Streets Project

19.L.

20.Hannah

21.Tom

22.D.

23.B.S. bikedelly

24.An angry resident

25.William Kan
2274 Shattuck Ave Project

26.Charlene M. Woodcock

27.LiHui Tsai

28.Anjali Rojas

29.Lynn Sherrell
People’s Park

30.Meg Mav

31.Olivia Page

32.Aleena Karim
Hard Hats

33.Kelly Elena MacDonald on behalf of Andreas Cluver, Secretary-Treasurer of the Building & Construction Trades Council of Alameda County Cameras

34.Simone Arpaio
Animal Care Services

35.Liz Dodge

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Tuesday, June 25, 2024 MINUTES Page 26
Smoking

36.Anthony John DeMaria
Speed Bump

37.Sutapa Mallik
Crossing Sign

38.Octavio
Campaign Finance Complaint

39.Tom Luce on behalf of J. George Lippman
City Manager Separation Package

40.Becca Freed
Building in South Berkeley

41.Lynn Cooper
2113-2115 Kittredge Street – Use Permit #ZP2022-0144

42.Steven Schuyler
Video Recording Planning Commission Meetings

43.Berkeley Public Eye
First Congregational Church of Berkeley UCC’s 150th Anniversary

44.Rev. Molly Baskette
Police Accountability Board

45.Jose D. Murillo, Office of the Director of Police Accountability Friends of the Library Annual Membership Meeting

46.Cathy Brown
Daylight Strawberry Creek

47.Luka Henrie-Naffaa
Lorin and Gilman Parking Benefit District Formation

48.Liz Lisle and YaVette Holts
Appointment Recommendations

49.Mary-Claire Katz on behalf of Mary Behm-Steinberg, Chair, Human Welfare and Community Action Commission
Repaving on Bancroft Way

50.Adam
Op Ed- Breaking Barriers

51.Aaron
Commission Vacancies

52.Samuel J. Harvey on behalf of Kitt Saginor, Chair, Fair Campaign Practices Commission/Open Government Commission
Traffic Safety

53.Tucker Pinochi
Fulton Neighborhood Association Comments and Concerns

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Tuesday, June 25, 2024 MINUTES Page 27

54.Dan Auten
Reusable Container Pilot Program

55.Sophie Horvath and Joshua Swift Rawal
Fire Prevention and Policing

56.Barbara Gilbert
Peace and Justice Commissioner

57.Brandon Head
Insurance Concerns

58.Susan Wengraf
Building Concerns

59.Mike Vandeman
Berkeley Restaurant Inspection Results

60.DL
Neighborhood Trash Concern

61.Annie Parks
Housing Concern

62.Keith H Bayne(29)
Berkeley Union Bargaining

63.Angela Allan

64.Kelli Black

65.Anna Cash

66.Valerie Nguyen

67.Marc Patnode

68.E. Janney Lockman

69.Manreet Gill

70.Nico Ledwith

71.Christina Rea

72.Ammon Reagan

73.Conor Murphy

74.Joel Mandella

75.Larry Mandella

76.Jocelyn Goldsmith-De Sena

77.Julia Wiswell

78.S. Julia Po

79.Miguel Cedeno

80.Kat Wickham

81.Kayte Reagan-Randive

82.Jacob Kahn

83.Tino Ratliff

84.David Fang

85.Alice La Pierre

86.Adrian Merry

87.Jose Luis Alonso(2)

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Tuesday, June 25, 2024 MINUTES Page 28

88.Michael Roshal
Tenant Opportunity to Purchase Act (TOPA)

89.Scott and Kathryn E. Hambly(2)

90.Gail Martin(2)

91.Jenny Johnston

92.Frances Weekes

93.Erin Chalmers

94.Steven Chan

95.Alison Simon
Fluoridated Water

96.Phoebe Thomas Sorgen(3)

97.Jenny Miller
Summer Swim

98.Summer Brenner
Newsletter

99.Vivian Warkentin
URL’s Only
100. Russbumper (4)
Supplemental Communications and Reports 1
Item #40: Contract: Edgeworth Integration, LLC for Installation of Security Cameras at Council-Approved Intersections; and Authorizing Additional External Fixed Video Surveillance Cameras
101. Revised material submitted by Public Works Department Item #49: Reserving $24.5 Million to Support the Development of Affordable Housing at the North Berkeley BART Site
102. Revised material submitted by Health, Housing, and Community Services Department
Item #53: Fiscal Years 2025 & 2026 Biennial Budget Adoption 103. Eve Van Buren
104. Andres
105. Susan Bustamante
106. Cristina Ibarra
107. Tom Bates
Supplemental Communications and Reports 2
Item #22: Approving the Revised Operating Budget for Golden Bear Homes 108. Meryl & Aimee
Item #26: Memorandum of Understanding: SEIU Local 1021 Maintenance & Clerical Chapters
109. Revised material submitted by Human Resources Department

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Tuesday, June 25, 2024 MINUTES Page 29
Item #27: Unrepresented Employee Group Salaries, Longevity Differential, and Vision Insurance
110. Revised material submitted by Human Resources Department Item #28: Memorandum of Understanding: Berkeley EMS Professionals 111. Revised material submitted by Human Resources Department Item #49: Reserving $24.5 Million to Support the Development of Affordable Housing at the North Berkeley BART Site
112. Michel St. Pierre
113. Ann Ostrander
114. Libby Lee-Egan
115. Julia Raifman
116. Bert Ayers III
117. Katherine Silver
118. Chris Harrelson
119. Cliff Moser
120. Connie Clausen
121. Tawny Reynolds
122. Sarah Bell
123. Tess Fruge
124. Alfred
125. Theo Posselt
126. Frances C. Moore
127. Chris Lee-Egan
Item #53: Fiscal Years 2025 & 2026 Biennial Budget Adoption 128. Janaki Costello
129. Elizabeth Johnson
130. Carlos Anotonio Aceves
131. Jennifer Henry
132. Esme Howard
133. Julia Madore
134. Meredith Stout
135. Deborah Matthews
136. Teresa Clarke
137. Dona Bretherick
138. Bruce H. Feingold
139. Claude Fischer
Item #54: FY 2025 Annual Appropriations Ordinance
140. Revised material submitted by City Manager Department Urgency Item: Contract Amendment: California Lake Research Partners, Inc. for Community Survey
141. Urgent Item, submitted by City Manager’s Office
Supplemental Communications and Reports 3

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Tuesday, June 25, 2024 MINUTES Page 30
Item #22: Approving the Revised Operating Budget for Golden Bear Homes 142. Virginia Browning
143. Christopher Kroll
144. V. Sommer
145. 19 Similarly-worded form letters
Item #26: Memorandum of Understanding: SEIU Local 1021 Maintenance & Clerical Chapters
146. Moni T. Law
Item #40: Contract: Edgeworth Integration, LLC for Installation of Security Cameras at Council-Approved Intersections; and Authorizing Additional External Fixed Video Surveillance Cameras
147. Fred Krieger
Item #43: Allocation of funds for a Nexus Study to develop a Parks Impact Fee for new developments
148. Allen Abshez
Item #49: Reserving $24.5 Million to Support the Development of Affordable Housing at the North Berkeley BART Site
149. Shiven Sankalia
150. Barry Fike
Item #53: Fiscal Years 2025 & 2026 Biennial Budget Adoption 151. Supplemental material, submitted by City Manager’s Office 152. Presentation, submitted by City Manager’s Office
153. Jasmine Sozi
154. Judy MacLean
155. Amanda Chang, on behalf of Ellen Wu, Executive Director, Urban Habitat 156. Tracy
157. Courtney
158. Ben Gerhardstein, Liza Lutzker, Charles Siegel
159. Julia
160. Tom Bates
161. Patricia Zappia
162. Phyllis Orrick
163. Leah Redwood (2)
164. Loni Hancock
165. Leo
Item #60: Voluntary Time Off Program for Fiscal Year 2025 166. Barbara Gilbert
Miscellaneous Communications
167. Eid
168. Black Repertory Group Theater Project

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

CONSENT CALENDAR
July 30, 2024
To: Honorable Mayor and Members of the City Council
From: LaTanya Bellow, Interim City Manager
Submitted by: Scott Gilman, Director, Health, Housing, and Community Services Subject: Contract No. 32400082 Amendment: The Wright Institute for Mental Health Counseling for Older Adults

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 32400082 with The Wright Institute increasing the contract by $200,000 for the provision of mental health counseling services to older adults in the Berkeley community, in a total amount not to exceed $500,000. The new contract end date will be June 30, 2026.

FISCAL IMPACTS OF RECOMMENDATION
The total not-to-exceed amount of this contract will be $500,000. Resources for the contract will be provided from the City of Berkeley’s Mental Health Services Act (MHSA) Community Services and Supports (CSS) funding allocation. The funds are subject to the Annual Appropriations Ordinance in Fiscal Year 2025.

The State of California MHSA provides funding for local mental health services. City of Berkeley MHSA Three Year Program and Expenditure Plans (Three Year Plans), and Annual Updates detail the uses of local MHSA funds. Development of local MHSA Three Year Plans and Annual Updates require community program planning, writing a draft plan, providing a 30-day public review, and conducting a public hearing at the Mental Health Commission.

CURRENT SITUATION AND ITS EFFECTS
The Aging Services Division is dedicated to promoting a dignified, healthful quality of life for older adults in Berkeley by offering connections to services and resources to connect, learn, grow, and discover new ways to be actively engaged in living. Aging Services serves as a resource for recreation, increased food security, transportation assistance, health & wellness education, and other supportive services for adults who are 55 and older.

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Contract No. 32400082 Amendment: The Wright Institute for Mental CONSENT CALENDAR Health Counseling for Older Adults July 30, 2024

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The mental health counseling program will continue to assist older adults in addressing mental health issues by offering one-on-one, short-term counseling in addition to group therapy and workshops geared toward increasing mental resiliency.

BACKGROUND
Nationwide, one in four older adults experience some mental disorder such as depression or anxiety and this number is expected to double to 15 million by 2030.

Annually, about 6% of adults in California (roughly two million people) will experience a major depressive episode. Depression is associated with higher risk of suicide and cardiovascular death. In California, about two-thirds of adults with mental illness will not receive treatment. Common barriers to accessing services include lack of health insurance, lack of available treatment providers or programs, and inability to pay for treatment.1 Through this mental health counseling program, Aging Services is working to reduce barriers to care on a local level with a focus on equity.

On July 25, 2023, via Resolution No. 70,990-N.S., City Council authorized the City Manager to approve the MHSA Fiscal Years 2024 thru 2026 Three Year Program Expenditure Plan which contained therein the provision of funding to the Health, Housing & Community Services (HHCS), Aging Services Division to provide mental health counseling services at Berkeley Senior Centers.

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

RATIONALE FOR RECOMMENDATION
Adoption of this resolution will support the ability of the City to fill a need in the community by operating a counseling program targeted specifically towards older adults in Berkeley with a focus on equity, which provides a needed expansion of the system of care for individuals with mental health challenges in Berkeley.

ALTERNATIVE ACTIONS CONSIDERED
The City could decide not to adopt this resolution which would reduce mental health care to a vulnerable community in Berkeley.

CONTACT PERSON
Tanya Bustamante, Aging Services Manager, HHCS, 510-981-5178 Attachments:
1: Resolution
1 Source: https://www.chcf.org/wp-content/uploads/2018/03/MentalHealthCalifornia2018.pdf

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

CONTRACT NO. 32400082 AMENDMENT: THE WRIGHT INSTITUTE FOR MENTAL

HEALTH COUNSELING FOR OLDER ADULTS
WHEREAS, the City of Berkeley Aging Services Division is dedicated to promoting a dignified, healthful quality of life for older adults age 55 and over; and WHEREAS, Aging Services strives to provide programs and services with the goal of improving the quality of life for the older adult community; and WHEREAS, the administration of a mental health counseling program targeting older adults will alleviate barriers to the senior community needing mental health services; and WHEREAS, funds are subject to the Annual Appropriations Ordinance in Fiscal Year 2025, from the City of Berkeley’s Mental Health Services Act (MHSA) Community Services and Supports (CSS) funding allocation.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is authorized to amend Contract No. 32400082 with The Wright Institute for the purpose of providing mental health counseling services for the older adult community, for a total not to exceed amount of $500,000, and extend the contract to June 30, 2026.

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

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

CONSENT CALENDAR
July 30, 2024
To: Honorable Mayor and Members of the City Council
From: LaTanya Bellow, Interim City Manager
Submitted by: Scott Gilman, Interim Director, Health, Housing, and Community Services Subject: Filling Human Welfare and Community Action Commission Public Sector Vacancies

RECOMMENDATION

1. Adopt a Resolution confirming the appointments of up to three public sector commissioners to the Human Welfare and Community Action Commission (HWCAC), having been approved by the Health, Life Enrichment, Equity & Community Policy Committee at their July meeting.

2. Adopt a Resolution appointing Catherine Huchting, Mary Behm-Steinberg, and George Lippman to the HWCAC as private sector representatives.

FISCAL IMPACTS OF RECOMMENDATION
There are no fiscal impacts associated with this recommendation.

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

At their June meeting, the HWCAC voted to recommend that Council appoint Catherine Huchting, Mary Behm-Steinberg, and George Lippman to the HWCAC as private sector representatives (M/S/C: Sol, Atkinson. Ayes – Sol, Atkinson; Noes – None; Abstain – None; Absent: None).

At their July meeting, the Health, Life Enrichment, Equity & Community Policy Committee (Committee) will vote to approve up to three public appointees to the HWCAC. These appointees will be named in the addendum to the report.

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Filling Human Welfare and Community Action Commission Public Sector Vacancies CONSENT CALENDAR July 30, 2024

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BACKGROUND
The HWCAC has a nine-seat, tripartite board structure with three low-income elected, three private sector, and three public sector representatives, which may include officials or members of business, industry, labor, religious, law enforcement, education, or other major groups and interests in the community served. The three public sector representatives are appointed by Berkeley City Council as a whole per Berkeley Municipal Code (BMC) Section 3.78.020 (b); the low-income members are appointed through an election process per BMC Section 3.78.020 (c); and, the private-sector representatives are identified by existing HWCAC members for appointment by Council per BMC Section 3.78.020 (d).

City staff determined that the most equitable method of selecting the three public sector commissioners for consideration by Council would be an open application process with the Committee. The Committee evaluates and approves new commissioner applicants and recommends three of the applicants for appointment by Council. City staff coordinate community outreach to create a pool of candidates for the Committee’s consideration.

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

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

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Mary-Claire Katz, HWCAC Commission Secretary, HHCS, (510) 981-5414 Attachments:
1: Resolution – Public Sector Commissioners
2: Resolution – Private Sector Commissioners

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

FILLING HUMAN WELFARE AND COMMUNITY ACTION COMMISSION

PUBLIC SECTOR VACANCIES
WHEREAS, Berkeley Municipal Code Section 3.78.020 (b) stipulates that three public sector representatives are appointed to the Human Welfare and Community Action Commission (HWCAC) by Berkeley City Council as a whole; and WHEREAS, the Health, Life Enrichment, Equity & Community Policy Committee evaluates and approves new public sector representative commissioner applicants and recommends three of the applicants for appointment by Council; and WHEREAS, at their July 2024 meeting, the Health, Life Enrichment, Equity & Community Policy Committee voted to recommend three public sector representative commissioners to fill three public sector vacancies on the HWCAC.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that up to three commissioners are appointed as public sector representatives serving on the Human Welfare and Community Action Commission.

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

FILLING HUMAN WELFARE AND COMMUNITY ACTION COMMISSION

PRIVATE SECTOR VACANCIES
WHEREAS, Berkeley Municipal Code Section 3.78.020 (d) stipulates that three of the HWCAC members shall be members or officials of business, industry, labor, religious, welfare, education, or major groups and interests in the community, and that these members should be identified and nominated for Council approval by the existing commissioners; and
WHEREAS, at their June meeting, the HWCAC voted to recommend that Council appoint Catherine Huchting, Mary Behm-Steinberg, and George Lippman to the HWCAC as qualified private sector representatives (M/S/C: Sol, Atkinson. Ayes – Sol, Atkinson; Noes – None; Abstain – None; Absent: None).

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that Catherine Huchting, Mary Behm-Steinberg, and George Lippman are appointed to the HWCAC as qualified private sector representatives.

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Office of the City Manager

CONSENT CALENDAR
July 30, 2024
To: Honorable Mayor and Members of the City Council
From: LaTanya Bellow, Interim City Manager
Submitted by: Aram Kouyoumdjian, Director of Human Resources Subject: Establish Classification and Salary – Public Health Investigator

RECOMMENDATION
Adopt a Resolution establishing the job class specification and salary of Public Health Investigator with an hourly salary range of $35.5512 - $43.2127.

FISCAL IMPACT
If staffed as a full-time career classification, the proposed hourly range of $35.5512 - $43.2127 ($73,946.49 - $89,882.42 annually) will have a fiscal impact of approximately $129,066.20 - $156,880.77 when full benefits are applied.

CURRENT SITUATION AND ITS EFFECTS
The Health, Housing and Community Services Department (Public Health Officer Unit) and the Human Resources Department identified the need for the new job class of Public Health Investigator to perform investigations for the identification and control of communicable and infectious diseases affecting the community. This class will work under the Communicable Disease and Prevention Unit of the Public Health Officer Unit (PHOU) and report to the Supervising Public Health Nurse.

BACKGROUND
Public Health departments in California are responsible for the reporting and control of communicable diseases under Title 17 of the California Code of Regulations. These health departments are usually managed by counties. The City of Berkeley is one of only three cities in California that operate an independent health department and are responsible for complying with the State-mandated requirements under Title 17. Over the years, the work involved in investigating and providing services related to the identification and control of communicable and infectious diseases has been performed by City nurses. Although nurses play an important role in public health services, the narrower focus of identifying and controlling the spread of reported diseases does not

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Public Health Investigator – Job Class Specifications and Salary Range Consent Calendar July 30, 2024
require a nursing license and may be accomplished through public health investigators who specialize in this field.

Additionally, creating this class to perform public health investigations will help to free up time for nurses to do the broader scope of nursing work. Of key importance, the addition of this class will allow the City to better serve the community with investigators especially trained to perform work involving case investigation, intervention, and educational activities, and to comply with the State mandated requirements under Title

17. The recommended hourly salary range of $35.5512 - $43.2127 is within the market mean and median of comparable classifications of counties in the Bay Area, as well as internal City classifications which are at a similar level of responsibility and complexity.

The new classification was approved by the Personnel Board at its meeting of July 8 by unanimous vote.

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

RATIONALE FOR RECOMMENDATION
The classification is being created to perform investigations for the identification and control of communicable and infectious diseases affecting the community.

ALTERNATIVE ACTIONS CONSIDERED
None.

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

ATTACHMENTS
1: Resolution
Exhibit A: Public Health Investigator – Job Class Specifications and Salary Range

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Public Health Investigator – Job Class Specifications and Salary Range Consent Calendar July 30, 2024
RESOLUTION NO. xxxxx - N.S.

NEW JOB SPECIFICATIONS AND SALARY RANGE FOR PUBLIC HEALTH

INVESTIGATOR
WHEREAS, the Human Resources Department maintains the Classification and Compensation plan for the City of Berkeley; and
WHEREAS, job specifications are foundational components of the City’s Classification and Compensation plan; and
WHEREAS, the Human Resources Department developed job specifications for the Public Health Investigator classification with an hourly salary range of $35.5512 - $43.2127 to perform investigations for the identification and control of communicable and infectious diseases affecting the community; and
WHEREAS, the Personnel Board recommended on July 8, 2024 to adopt the new job specifications and salary range for the Public Health Investigator class; NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the classification for Public Health Investigator is established with a salary range and classification as shown in Exhibit A, effective July 30, 2024; BE IT FURTHER RESOLVED that the Public Health Investigator classification have an hourly salary range of $35.5512 to $43.2127 over five (5) salary steps:

STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
$35.5512 $37.3288 $39.1952 $41.1550 $43.2127
Exhibit A:

Public Health Investigator – Job Class Specifications and Salary Range

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Public Health Investigator – Job Class Specifications and Salary Range Consent Calendar July 30, 2024

EXHIBIT A

CITY OF BERKELEY

PUBLIC HEALTH INVESTIGATOR
Class Code: XXXX
Bargaining Unit: Unrepresented Classification
Established Date: July XX, 2024

SALARY RANGE
$35.5512 - $43.2127 Hourly
$2,844.10 - $3,457.02 Biweekly
$6,162.21 - $7,490.20 Monthly
$73,946.49 - $89,882.42 Annually
Description

DEFINITION
Under general supervision, performs investigations for the identification and control of communicable and infectious diseases; conducts field investigations, interviews, contact tracing, interpretation of laboratory results, and data collection and analysis of reported cases; and provides testing and referral services to clients/patients to prevent the further transmission of diseases.

CLASS CHARACTERISTICS
This classification is assigned to the Public Health Officer Unit (PHOU), Communicable Disease and Prevention and is responsible for investigating existing or suspected cases of communicable diseases in the office, clinical, and field settings. Supervision and guidance are provided by the Supervising Public Health Nurse and lead direction may be received from higher-level staff. The incumbent is expected to work independently or as a team on case investigation, intervention, and educational activities. The Public Health Investigator is distinguished from the Public Health Nurse in that the latter requires a license to practice as a registered nurse and has broad responsibilities in public health and nursing services, including the prevention of disease, promotion of healthful behavior, and the identification and assessment of the physical, mental, and emotional problems of individuals, families, and special populations for treatment and referral plans.

Example of Duties
The following list of duties is intended only to describe the various types of work that may be performed and the level of technical complexity of the assignment(s) and is not intended to be an all-inclusive list of duties.

The omission of a specific duty statement does not exclude it from the position if the work is consistent with the concept of the classification, is similar or closely related to another duty statement, or a logical assignment to the classification.

1. Conducts investigations in the office, clinical, and field settings to identify infectious diseases and public health threats;

2. Locates, interviews, screens, and educates clients/patients and other individuals suspected to be the source of, or infected with, communicable diseases, including sexually transmitted diseases (STDs);

3. Elicits information from clients/patients who have a communicable disease about their contacts, location of potential disease transmission, and details about their personal behavior;

4. Refers individuals potentially exposed of a communicable disease to appropriate facility for medical examination and necessary treatment;

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Public Health Investigator – Job Class Specifications and Salary Range Consent Calendar July 30, 2024

5. Reviews and records the medical history of patients and evaluates the need for further examination by a physician;

6. Interviews healthcare providers to obtain additional information;

7. Interprets laboratory results to determine the infectious status of individuals suspected of having a communicable disease and the classification of communicable disease cases;

8. Conducts follow-up with reported cases and contacts to ensure examination, appropriate treatment, and successful case closure;

9. Monitors and analyzes data related to communicable diseases, identifying trends and potential outbreaks;

10. Collaborates with healthcare providers, laboratories, and public health agencies to ensure timely and accurate reporting of communicable diseases;

11. Maintains accurate and up-to-date records, including confidential patient data, epidemiological records, and contacts related to communicable disease cases, interventions, and outcomes;

12. Responds promptly to outbreaks, coordinating with the appropriate individuals and agencies to implement effective control measures;

13. Provides timely and accurate information to the public as directed regarding health risks and preventive measures during outbreaks;
Knowledge, Skills, and Abilities
Note: The level and scope of the knowledge, skills and abilities listed below are related to job duties as defined under Class Characteristics.

Knowledge of:

1. Investigation, interviewing, and information gathering practices and techniques;

2. Public health laws, regulations, and practices relating to the control of communicable diseases;

3. Symptoms, methods of transmission, control procedures, diagnosis, and treatment of communicable and sexually transmitted diseases;

4. Diagnostic tests for communicable diseases;

5. Medical terminology and clinic operations;

6. Personal safety techniques; and

7. Common computer applications and equipment, including electronic data management systems.

Skill and Ability to:

1. Conduct investigations to identify infectious diseases and public health threats;

2. Conduct effective interviews of a highly personal and confidential nature, eliciting detailed and accurate information;

3. Perform contact tracing;

4. Compile, organize, and analyze data using electronic databases and reporting systems to streamline data collection and reporting;

5. Effectively organize and prioritize work;

6. Work independently or as part of a team;

7. Apply rules and regulations relative to communicable disease control;

8. Respond to public health emergencies;

9. Communicate effectively and tactfully with others, orally and in writing; and

10. Establish and maintain effective relationships with those contacted through the course of work, including peers, management, public health agency representatives, and the public.

Minimum Qualifications
A TYPICAL WAY OF GAINING THE KNOWLEDGE AND SKILLS OUTLINED ABOVE IS:

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Equivalent to the completion of two (2) years of college in public health, health science, biological science, behavioral science, or a closely related field and one (1) year of full-time paid experience in the public health investigation field or in a comparable capacity conducting field investigations, interviewing clients to obtain confidential or personal history information, assessing health risks, or collecting and analyzing epidemiological data. A bachelor’s degree in public health or related field is desirable.

OTHER REQUIREMENTS
Must possess a valid California driver’s license and have a satisfactory driving record to travel to various locations within and outside the City of Berkeley to meet the program needs and to fulfill the job responsibilities.

Positions may require bilingual skills.

CLASSIFICATION HISTORY
Classification Code: XXXX
Classification Established: July XX, 2024
FLSA Status: Non-Exempt
Representation Unit: Unrepresented
Probationary Period: 1 year
Workers’ Comp Code: 8810

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Office of the City Manager

RECOMMENDATION
Adopt a Resolution establishing the job class specification and salary of Assistant Fire Inspector with an hourly salary range of $36.8038 - $44.7352.

FISCAL IMPACT
If staffed as a full-time career classification, the proposed hourly range of $36.8038 - $44.7352 ($76,551.82 - $93,049.22 annually) will have a fiscal impact of approximately $133,613.55 - $162,408.10 when full benefits are applied.

CURRENT SITUATION AND ITS EFFECTS
The new job classification creates an entry-level opportunity to recruit individuals interested in entering the fire prevention field and will support succession planning in the Fire Prevention Division of the Berkeley Fire Department. The knowledge, skills, and abilities represent the current industry standards in fire prevention.

BACKGROUND
The Fire Prevention Division of the Berkeley Fire Department plans, organizes, and implements prevention and inspection programs, fire and arson investigations, vegetation management, hazard abatement, code enforcement, public fire safety education, plan checks, and development of codes and ordinances; the Wildland Urban Interface (WUI) Division addresses the wildland fire threat that faces the Berkeley community by performing vegetation management inspections, and delivering education to community groups.

To provide these services to the community, the divisions are currently staffed by one Fire Marshal, one Deputy Fire Marshal, and 8 sworn Fire Prevention Inspectors. The Department also offers internships that afford valuable exposure and career

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opportunities to those new to the industry, and provide extensive training. Candidates who emerge from internship programs often do not have the requisite experience to become journey-level Fire Prevention Inspectors. An entry-level classification of Assistant Fire Inspector bridges the internship programs and journey-level classifications such as Fire Inspector. In addition, having the classification of Assistant Fire Inspector provides a layer of support to Fire Prevention Inspectors.

The salary range is internally aligned with the Assistant Inspector classification, which is the equivalent classification used in the City’s Planning Department.

The new classification was approved by the Personnel Board at its meeting of July 8 by unanimous vote.

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

RATIONALE FOR RECOMMENDATION
The entry-level classification of Assistant Fire Inspector serves as a bridge into journey- level classifications such as Fire Prevention Inspector and provides support to the Fire Prevention and WUI divisions of the Berkeley Fire Department.

ALTERNATIVE ACTIONS CONSIDERED
None.

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

ATTACHMENTS
1: Resolution
Exhibit A: Assistant Fire Inspector – Job Class Specifications and Salary Range

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Assistant Fire Inspector – Job Class Specifications and Salary Range Consent Calendar July 30, 2024
RESOLUTION NO. xxxxx - N.S.

NEW JOB SPECIFICATIONS AND SALARY RANGE FOR ASSISTANT FIRE

INSPECTOR
WHEREAS, the Human Resources Department maintains the Classification and Compensation plan for the City of Berkeley; and
WHEREAS, job specifications are foundational components of the City’s Classification and Compensation plan; and
WHEREAS, the Human Resources Department developed job specifications for the Assistant Fire Inspector classification with an hourly salary range of $36.8038 - $44.7352; and
WHEREAS, the entry-level classification of Assistant Fire Inspector serves as a bridge into journey-level classifications such as Fire Prevention Inspector and provides support to the Fire Prevention and Wildland Urban Interface (WUI) divisions of the Berkeley Fire Department; and
WHEREAS, the Personnel Board recommended on July 8, 2024 to adopt the new job specifications and salary range for the Assistant Fire Inspector class; NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the classification for Assistant Fire Inspector is established with a salary range and classification as shown in Exhibit A, effective July 30, 2024; BE IT FURTHER RESOLVED that the Assistant Fire Inspector classification have an hourly salary range of $36.8038 to $44.7352 over five (5) salary steps:

STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
$36.8038 $38.6439 $40.5761 $42.6050 $44.7352
Exhibit A:

Assistant Fire Inspector – Job Class Specifications and Salary Range

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EXHIBIT A
Assistant Fire Inspector
Bargaining Unit: Unrepresented Classification
Class Code:

XXXX

CITY OF BERKELEY
Established Date: July XX, 2024

SALARY RANGE
$36.8038 - $44.7352 Ho
urly
$2,944.30 - $3,578.82 Biweekly
$6,379.32 - $7,754.11 Monthly
$76,551.82 - $93,049.26 Annually
DESCRIPTION:

DEFINITION
Under general supervision of Fire Marshal or designee, the Assistant Inspector performs inspections of buildings and structures for compliance with local fire prevention ordinances; and assists in the investigation of existing fire hazards in commercial, residential and/or industrial properties. The incumbent is expected to make appropriate recommendations to correct evidences of fire hazards as well as perform inspections for violations of fire laws, codes and ordinances, and performs other work related to fire prevention and other related duties as required.

CLASS CHARACTERISTICS
This single position entry-level classification assists with fire inspection activities and is distinguished from Fire Prevention Inspector which is the journey-level classification. The classification Fire Prevention Inspector (Sworn) also requires Emergency Medical Technician I certification.

EXAMPLES OF DUTIES:

The following list of duties is intended only to describe the various types of work that may be performed and the level of technical complexity of the assignment(s) and is not intended to be an all-inclusive list of duties. The omission of a specific duty statement does not exclude it from the position if the work is consistent with the concept of the classification, or is similar or closely related to another duty statement.

1. Assists with inspections of buildings and structures for fire hazards (i.e. accumulation of debris or flammable materials, blocked fire exits, inadequate fire extinguishing equipment, faulty wiring).

2. Assists with investigation and follow-up of fire hazard complaints.

3. Assists with the issuance of violation notices.

4. Participates in the investigation of premises after fires to ascertain cause and actual loss.

5. May inspect the installation of equipment to insure adherence to safety measures.

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Assistant Fire Inspector – Job Class Specifications and Salary Range Consent Calendar July 30, 2024

6. Prepares and maintains written reports of investigations.

7. Informs the public or private groups on fire prevention methods and regulations.

8. Uses computer applications such as spreadsheets, word processing, calendar, e-mail and database software in the performance of work assignments.

9. May assist with development and presentation of fire safety education programs.

10. Performs related duties as assigned.

KNOWLEDGE AND ABILITIES:

Note: The level and scope of the knowledge and skills listed below are related to the job duties as defined under Class Characteristics.

Knowledge of:

1. Principles and systems of fire safety and protection, including equipment and systems of extinguishment.

2. Laws, codes, and ordinances governing fire safety of buildings, hazardous materials, and land, including special license and permit applications.

3. Laws, codes, and ordinances governing fire safety of buildings, hazardous materials.

4. Principles, methods, and equipment used in investigation of origin and cause of fires.

5. Code enforcement procedures and authorities of involved jurisdictions.

6. Recordkeeping and reporting requirements for fire safety inspections, permits, and fire investigations.

Ability to:

1. Assist with the evaluation of fire safety compliance of structures, fire suppression systems and equipment, commercial and industrial operations, and special use permit applications.

2. Assist with the investigation and analysis of the origins and causes of fires.

3. Assist with preparation of clear and concise reports, correspondence, and other written materials.

4. Assist with operation of fire investigation tools and equipment.

5. Read, interpret, and apply fire safety codes, ordinances, and laws.

6. Read and interpret building plans, schematics, and diagrams.

7. Understand and carry out oral and written instructions; read, write, understand and communicate to perform the essential functions of the position.

8. Establish and maintain effective working relationships with those encountered in the course of the work.

Skill in:

1. Interpersonal communication, public speaking, and community outreach activities.

2. Facilitating meetings with community members.

3. Preparation of reports.

4. Operating an automobile.

5. Use of computer applications such as spreadsheets, word processing, calendar, e-mail and database software.

MINIMUM QUALIFICATIONS:

A TYPICAL WAY OF GAINING THE KNOWLEDGE AND SKILLS OUTLINED ABOVE IS:

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Assistant Fire Inspector – Job Class Specifications and Salary Range Consent Calendar July 30, 2024
Equivalent to graduation from high school and one year of experience in fire, building, or code enforcement inspections in a paid professional, internship, or volunteer capacity. Municipal experience desirable.

Other desirable qualifications include: Completion of California State Fire Marshal's Fire Prevention 1A, 1B, and 1C courses; Fire Inspector 1A, 1B, 1C, and 1D; or International Code Council (ICC) Fire Inspector I; Associate’s degree in fire science, emergency management, fire protection engineering, environmental science, ecosystem management, public policy, public administration, or related field.

OTHER REQUIREMENTS

Must be able to travel to various locations within and outside the City of Berkeley to meet program needs and to fulfill the job responsibilities. When driving on City business, the incumbent is required to maintain a valid California driver’s license as well as a satisfactory driving record.

CLASSIFICATION HISTORY:

Classification Code XXXX
Classification Established July XX, 2024
FLSA Status Non-Exempt
Admin Leave / Overtime Overtime
Representation Unit Unrepresented
Probationary Period 6 months
Workers’ Comp Code 9410

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Office of the City Manager

RECOMMENDATION
Adopt a Resolution establishing the job class specification and salary of Veterinarian with an hourly salary range of $71.5295 - $86.9445.

FISCAL IMPACT
If staffed as a full-time career classification, the proposed hourly range of $71.5295 - $86.9445 ($148,781.27 - $180,844.56 annually) will have a fiscal impact of approximately $259,682.82 - $315,646.10 when full benefits are applied.

CURRENT SITUATION AND ITS EFFECTS
The Neighborhood Services Division and the Human Resources Department identified the need for the new job class of Veterinarian to provide medical care and treatment of animals at the animal shelter, including the performance of in-house surgeries, and to serve as an expert on veterinary issues. This class will be assigned to the Animal Services Program and will report to the Animal Services Manager who has planning and administrative responsibilities for the entire Program.

BACKGROUND
The City’s animal shelter houses domestic animals from the cities of Berkeley, Albany, Emeryville, and Piedmont, and provides adoption services, advice on animal-related topics, lost and found pet reports, and free or low-cost spay/neuter vouchers for Berkeley dogs and cats. Currently, the City’s veterinary care and treatment services are provided by a contracted veterinarian, working 24 hours a week, three days a week.

Surgeries are performed at the City’s shelter and at contracted high volume spay/neuter clinics.

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Veterinarian – Job Class Specifications and Salary Range Consent Calendar July 30, 2024
The addition of the Veterinarian classification that will be available to work five days a week will allow for the examination of all animals prior to their adoption or release, as well as the performance of more in-house surgeries, thereby reducing the need for outside clinics and veterinary hospitals which come at a higher cost.

The recommended hourly salary range of $71.5295 - $86.9445 is within the market mean and median of comparable veterinarian classifications of cities/counties in the Bay Area, as well as internal City classifications which are at a similar level of responsibility and complexity.

The new classification was approved by the Personnel Board at its meeting of July 8 by unanimous vote.

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

RATIONALE FOR RECOMMENDATION
The new classification of Veterinarian will provide medical care and treatment of animals at the animal shelter to support the City’s Animal Services Program.

ALTERNATIVE ACTIONS CONSIDERED
None.

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

ATTACHMENTS
1: Resolution
Exhibit A: Veterinarian – Job Class Specifications and Salary Range

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Veterinarian – Job Class Specifications and Salary Range Consent Calendar July 30, 2024
RESOLUTION NO. ##,###-N.S.

NEW JOB SPECIFICATIONS AND SALARY RANGE FOR VETERINARIAN WHEREAS, the Human Resources Department maintains the Classification and Compensation plan for the City of Berkeley; and
WHEREAS, job specifications are foundational components of the City’s Classification and Compensation plan; and
WHEREAS, the Human Resources Department developed job specifications for the Veterinarian classification with an hourly salary range of $71.5295 to $86.9445; and WHEREAS, the Personnel Board recommended on July 8, 2024 to adopt the new job specifications and salary range for the Veterinarian class; NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the classification for Veterinarian is established with a salary range and classification as shown in Exhibit A, effective July 30, 2024;
BE IT FURTHER RESOLVED that the Veterinarian classification have an hourly salary range of $71.5295 to $86.9445 over five (5) salary steps:

STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
$71.5295 $75.1059 $78.8612 $82.8043 $86.9445
Exhibit A:

Veterinarian – Job Class Specifications and Salary Range

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Veterinarian – Job Class Specifications and Salary Range Consent Calendar July 30, 2024

EXHIBIT A

CITY OF BERKELEY

VETERINARIAN
Class Code: XXXX
Bargaining Unit: Unrepresented Classification
Established Date: July XX, 2024

SALARY RANGE
$71.5295 - $86.9445 Hourly
$5,722.36 - $6,955.56 Biweekly
$12,398.44 - $15,070.38 Monthly
$148,781.27 - $180,844.56 Annually
DESCRIPTION:

DEFINITION
Under general direction, provides medical care and treatment of animals at the animal shelter; examines, diagnoses, and performs routine and emergency treatment for impounded animals; performs in-house surgeries, including spay/neuter surgery on animals prior to adoption; oversees the vaccination program against contagious and infectious diseases of animals commonly found in shelters; and serves as an expert and provides advice to management, staff, and the public on veterinary issues.

CLASS CHARACTERISTICS
The Veterinarian provides a full range of professional veterinary medical services for animals at the shelter and advises/educates staff and the community on veterinary issues. It is distinguished from Registered Veterinary Technician in that the latter assists with providing paraprofessional medical care and treatment to animals in the shelter and does not have the level of education and medical training required to perform surgery, provide diagnosis and prognosis of animal diseases, or the ability to prescribe drugs. The Veterinarian reports to the Animal Services Manager who has program planning and administrative responsibilities for the entire Animal Services Program.

EXAMPLES OF DUTIES:

The following list of duties is intended only to describe the various types of work that may be performed and the level of technical complexity of the assignment(s) and is not intended to be an all-inclusive list of duties. The omission of a specific duty statement does not exclude it from the position if the work is consistent with the concept of the classification, is similar or closely related to another duty statement, or a logical assignment to the classification.

1. Performs routine physical examinations and basic or emergency medical treatment including surgery of common and exotic impounded animals and abandoned/rescued wildlife;

2. Oversees vaccination program against rabies and other zoonotic diseases, distemper, parvo, upper respiratory infection, and diseases common to canines, felines, and other animals found in shelters;

3. Oversees the maintenance of documents and detailed records related to shelter animals, supplies, and drugs to ensure accurate medical recordkeeping and the use and inventory of drugs;

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Veterinarian – Job Class Specifications and Salary Range Consent Calendar July 30, 2024

4. Provides direction and instruction on animal care and medical treatment of shelter animals to medical staff and volunteers at the shelter;

5. Supervises the work performed by the Registered Veterinary Technician or other assigned staff;

6. Oversees the maintenance, ordering, and use of supplies, equipment, and controlled substances;

7. Discusses specific medical cases with management and provides advice on animal-related topics that affect policies and procedures, animal health and public information programs, medical and disease prevention standards and procedures, and animal health care practices to maintain compliance;

8. Interacts with the public that visit the shelter for adoptions and medical procedures by explaining post-surgery care and possible complications;

9. Performs spay/neuter surgeries prior to adoption or as determined to comply with Berkeley Municipal Code and the control of animal overpopulation;

10. Performs non-spay/neuter surgeries that can be done in-house without a veterinary specialist for timely care of animals;

11. Conducts medical rounds and medical evaluations of animals in the shelter to determine the correct treatment plan for each animal;

12. Participates in animal welfare/cruelty and other animal-related police/control investigations by performing necropsies for evidence collection, documenting pathological findings, preparing written veterinary statements, or testifying in court/legal proceedings;

13. Performs humane euthanasia of animals that sustained life-threatening injuries or displayed insurmountable behavioral issues in accordance with established protocols;

14. Triages rescued and injured wildlife to determine treatment and next steps, including their release, rehabilitation, or euthanasia; and

15. Consults with outside veterinarians and public agencies regarding medical treatment of animals and the prevention and control of animal-related diseases and outbreaks.

16. Performs related duties as assigned.

KNOWLEDGE AND ABILITIES:

Note: The level and scope of the knowledge and skills listed below are related to the job duties as defined under Class Characteristics.

Knowledge of:

1. Current veterinary practices, treatment, prevention, control, surgical procedures and care for a wide range of animals;

2. High-quality spay and neuter techniques and veterinary forensics;

3. Fundamental principles and methods of clinical diagnosis;

4. Modern techniques for treating various animals for common diseases and injuries;

5. Physical and behavioral characteristics of domestic animals;

6. Methods, tools, equipment, and materials used in animal care;

7. Safety regulations and safe work practices;

8. Principles and practices of employee supervision and development;

9. Bacteriology, pathology, serology, and other veterinary lab processes; and

10. Federal, State, and municipal animal health laws and regulations governing the impounding, releasing, and euthanasia of animals.

Skill and Ability to:

1. Examine, diagnose, treat, and perform routine and emergency medical treatment of impounded and rescued animals;

2. Physically handle and examine a wide range of animals, including aggressive and feral animals;

3. Perform high quality animal surgeries;

4. Analyze situations and exercise good judgment to take appropriate action and reach sound conclusions;

5. Supervise, train, and evaluate assigned staff;

6. Communicate effectively and tactfully with others, orally and in writing;

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Veterinarian – Job Class Specifications and Salary Range Consent Calendar July 30, 2024

7. Advise and guide others on animal health care practices and veterinary issues;

8. Establish and maintain effective relationships with others, including management, shelter employees, volunteers, and the public;

9. Operate medical equipment, surgical tools, and instruments, such as anesthesia machine, cauterizer, and autoclave to perform surgeries and provide routine care of animals; and

10. Operate office computers and equipment to maintain accurate recordkeeping and to write reports and correspondence.

MINIMUM QUALIFICATIONS:

A TYPICAL WAY OF GAINING THE KNOWLEDGE AND SKILLS OUTLINED ABOVE IS:

Equivalent to a Doctorate in Veterinary Medicine from an accredited college or university and one (1) year of experience in the diagnosis and treatment of animals in a clinical setting, private practice, or animal shelter, including the performance of surgery.

LICENSE:

Possession of a valid license to practice veterinary medicine issued by the State of California Veterinary Medical Board.

OTHER REQUIREMENTS

Possession of a valid Drug Enforcement Administration (DEA) license to dispense and administer controlled substances.

Possession of the California Veterinary Medical Board premise permit.

Must be able to travel to various locations within and outside the City of Berkeley to meet the program needs and to fulfill the job responsibilities. When driving on City business, the incumbent is required to maintain a valid California driver's license and a satisfactory driving record.

Must be willing to respond to emergency animal services assignments during off-duty hours.

Must be medically fit to work with animals and be able to lift and carry up to 50 pounds.

Must be willing to work in an environment exposed to noise, animal waste, cleaning and disinfecting chemicals, heat, fumes, and other airborne irritants.

CLASSIFICATION HISTORY
Classification Code: XXXX
Classification Established: July XX, 2024
FLSA Status: Exempt
Representation Unit: Unrepresented
Probationary Period: 1 year
Workers’ Comp Code: 8810

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Office of the City Manager

CONSENT CALENDAR
July 30, 2024
To: Honorable Mayor and Members of the City Council
From: LaTanya Bellow, Interim City Manager
Submitted by: Kevin Fong, Director, Information Technology Department Subject: Contract 10549C Amendment: Tyler Technologies Enterprise Resource Planning System for ongoing software licensing, maintenance services, implementation and consulting services, and disaster recovery services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 10549C with Tyler Technologies for software licensing, maintenance services, implementation, consulting services, and disaster recovery services for the online Enterprise Resource Planning (ERP) system for the amount not to exceed $1,000,000 and a total contract value not to exceed $5,705,342.68 from April 1, 2017 to June 30, 2027.

FISCAL IMPACTS OF RECOMMENDATION
Funding for ongoing services related to software licensing, maintenance services, implementation consulting services, and disaster recovery services for the online Enterprise Resource Planning (ERP) system through FY 2027 will be available in IT Cost Allocation Budget Fund number 680, subject to Council’s approval of the proposed citywide FY 2025-2026 Budget and Annual Appropriation Ordinances.

Fiscal Year Item Description Amount
FY 2025 and 2026 ARGB Implementation
Costs
$150,000
FY 2025 Upgrade Support Services $30,000
FY 2026 and 2027 Maintenance, Licensure,
environments and Disaster
Recovery
$820,000
TOTAL: $1,000,000

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Contract 10549C Amendment: CONSENT
Tyler Technologies Enterprise Resource Planning System July 30, 2024

CURRENT SITUATION AND ITS EFFECTS
The City currently uses Tyler Technologies’ Enterprise Resource Planning (ERP) software for core financials, accounts receivables, budget, and payroll, which requires funding to cover licenses, maintenance services, and disaster recovery services on an ongoing annual basis. Additionally, staff are planning to move all of Accounts Receivable and General Billing (ARGB) out of the legacy Fund$ system and into Tyler ERP. Lastly, to stay compliant with end of year W2 and 1099 reporting, Tyler ERP requires a version update.

The Tyler Technologies ERP system aligns with the City’s strategic plan goal to provide state-of-the-art, well-maintained infrastructure, amenities, and facilities.

BACKGROUND
The City entered into contract with Tyler Technologies on May 11, 2017 to implement the City’s new Enterprise Resource Planning (ERP) software. The initial agreement included a launch of Financials, Human Resources and Payroll modules. Licenses, maintenance services, disaster recovery services, consulting services for new modules and version updates (aka “Operations and Maintenance” or O&M), were not factored into the initial costs. Ongoing annual funding to cover the O&M for the City’s Enterprise Resource Planning (ERP) is critical for the City’s operational functions.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The adoption and implementation of a modern ERP system reduces the amount of paper for processing the City’s business activities. The new system also reduces the paperwork involved in timesheet processing for the City employees.

RATIONALE FOR RECOMMENDATION
Ongoing annual funding to cover the licenses, maintenance services and disaster recovery services for the City’s Enterprise Resource Planning (ERP) is critical for the City’s operational functions. Moving ARGB to the ERP will facilitate the deactivation of those modules in Fund$. Upgrading to the current version of ERP will keep the system compliant for end of year W2 and 1099 reporting.

ALTERNATIVE ACTIONS CONSIDERED
None.

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

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Contract 10549C Amendment: CONSENT
Tyler Technologies Enterprise Resource Planning System July 30, 2024 RESOLUTION NO. ##,###-N.S
CONTRACT NO. 10549C AMENDMENT: TYLER TECHNOLOGIES, INC FOR

ENTERPRISE RESOURCE PLANNING SYSTEM
WHEREAS, on May 11, 2017, the City entered into a contract with Tyler Technologies to implement the Munis Enterprise Resource Planning (ERP) System; and WHEREAS, on July 28, 2020, by Resolution No. 69-518-N.S., the Berkeley City Council approved spending authority for Tyler Technologies, Inc. not-to-exceed $3,952,663.

WHEREAS, on June 27, 2023, by Resolution No. 70,906-N.S., the Berkeley City Council approved spending authority for Tyler Technologies, Inc. not-to-exceed $4,705,342.

WHEREAS, Licenses, maintenance services and disaster recovery services (aka “Operations and Maintenance” or O&M) were not factored into the initial costs, and invoices received were paid out of the FUND$ replacement fund.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is hereby authorized to execute an amendment to Contract No. 10549C with Tyler Technologies, Inc. for software licensing, maintenance services, implementation, consulting services, disaster recovery services for the online Enterprise Resource Planning (ERP) system for a total contract value not to exceed $5,705,342.68 from April 1, 2017 to June 30, 2027.

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

CONSENT CALENDAR
July 30, 2024
To: Honorable Mayor and Members of the City Council
From: LaTanya Bellow, Interim City Manager
Submitted by: F. Scott Ferris, Director, Parks, Recreation, & Waterfront Department Subject: Contract 31900042 Amendment: CivicPlus on-line recreation reservation system

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to amend Contract No. 31900042 with CivicPlus, Inc. for on-line recreation reservation system services to increase the contract amount by $37,000, for a total not-to-exceed contract amount of $153,756.

FISCAL IMPACTS OF RECOMMENDATION
Funding for the $37,000 contract amendment will be available in the FY 2025 General Fund (Fund 011) budget.

CURRENT SITUATION AND ITS EFFECTS
The City’s Recreation Division currently uses the CivicPlus on-line recreation reservation system that allows the public to register for a variety of recreation programs and facilities. An additional $37,000 in spending authority is needed in order to cover the license service and transaction fees charged by CivicPlus through the remainder of the contract term ending on November 25, 2025.

BACKGROUND
In November of 2018, the City executed contract no. 31900042 with CivicPlus, Inc. to provide on-line recreation reservation system. The City of Berkeley’s Parks, Recreation and Waterfront Department (PRW) provides a wide range of recreation facilities, programs, classes, and events for Berkeley residents and non-resident community members. The City operates two swimming pools, four community centers, 11 sports fields, 54 parks, three remote residential camp sites, a skate park, a summer day camp program, and a wide variety of special events and activities at various locations throughout the City.

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

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Contract 31900042 Amendment: CivicPlus on-line recreation reservation system CONSENT CALENDAR July 30, 2024

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RATIONALE FOR RECOMMENDATION
CivicPlus, Inc.’s on-line reservation system has proven to be a valuable application that supports a wide array of the City’s Recreation business processes, including program registrations and facility reservations.

ALTERNATIVE ACTIONS CONSIDERED
None

CONTACT PERSON
Scott Ferris, Director, 510-981-6700
Stephanie Chu, Recreation and Youth Services manager, 510-981-6700 Justin Pitcher, Recreation Program Supervisor, 510-981-6700 Attachments:
1: Resolution

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

CONTRACT NO. 31900042 AMENDMENT: CIVICPLUS ON-LINE RECREATION

RESERVATION SYSTEM
WHEREAS, In November of 2018, the City executed contract no. 31900042 with CivicPlus, Inc. to provide on-line recreation reservation system; and WHEREAS, an additional $37,000 in spending authority is needed in order to cover the license service and transaction fees charged by CivicPlus through the remainder of the contract term ending on November 25, 2025; and
WHEREAS, funding for the $37,000 contract amendment will be available in the FY 2025 General Fund (Fund 011) budget.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is hereby authorized to execute a contract amendment to Contract No. 31900042 with CivicPlus, Inc. to add $37,000 to provide additional professional services for a not-to-exceed contract amount of $153,756.

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

CONSENT CALENDAR
July 30, 2024
To: Honorable Mayor and Members of the City Council
From: LaTanya Bellow, Interim City Manager
Submitted by: Scott Ferris, Director, Parks Recreation & Waterfront Subject: Lot Line Adjustments at 1401 Carleton Street and 1423 Ward Street

RECOMMENDATION
Adopt first reading of an Ordinance authorizing the City Manager to execute lot line adjustments with 1401 Carleton Street and 1423 Ward Street to resolve main dwelling encroachments at the City’s Santa Fe Trackbed to Park Conversion Project Site.

FINANCIAL IMPLICATIONS
The fees associated with these two lot line adjustments will be a $1,743 filing fee and a refundable map deposit fee of $588 for each application. Funding is available in the FY 2024 California Statewide Park Development and Community Revitalization Program (SPP), Proposition 68 grant budget (Fund 336).

CURRENT SITUATION AND ITS EFFECTS
1401 Carleton Street and 1423 Ward Street are both nonconforming lots that have portions of the main dwelling encroaching onto City property, APN No. 54-1794-28 and APN No. 54-1735-20, respectively, at the City’s Santa Fe Trackbed to Park Conversion Project Site. Lot line adjustments are needed to resolve these encroachments. The lot line adjustments will revise these properties so that they have proper side setbacks and clearances per the current municipal code. All property owners will maintain real estate property portfolios and there will be no change in square footage.

BACKGROUND
On April 21, 2021, Council authorized staff to submit a Statewide Park Development and Community Revitalization Program grant application for the Santa Fe Railroad Trackbed to Park Conversion Project and execute the project upon securing the grant.

In early 2022, the City was notified of its grant award and on March 14, 2022 the grant contract was executed and Project execution began. The Santa Fe Railroad Trackbed to Park Conversion Project is located at the former railroad parcels between Blake Street and Ward Street, along Acton Street. The Project will convert four vacant parcels

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Lot Line Adjustments at CONSENT CALENDAR
1401 Carleton Street and 1423 Ward Street July 30, 2024

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into a community garden, separate dog park, kids’ playground and tot cycle track, and a teaching garden and outdoor classroom.

As part of the Project, the City contracted a professional land surveyor to conduct a boundary and topographic survey of the site and its surroundings. This survey revealed several encroachments, including the main dwelling encroachments at 1401 Carleton Street and 1423 Ward Street.
1401 Carleton is adjacent to the parcel planned to be a dog park and 1423 Ward is adjacent to the parcel planned to be a teaching garden and outdoor classroom. Without resolution, the encroachments would impact the City’s usable open space and the neighbor’s safety and setbacks. These lot line adjustments are necessary to resolve existing main dwelling encroachments onto City property that will be converted into a public park.

Department of Parks, Recreation & Waterfront Staff notified neighbors with encroachments via certified letters and met with the owners of 1401 Carleton Street and 1423 Ward Street to discuss their encroachments, listen to their concerns, and work with them on potential solutions. Staff is working together with the affected owners to resolve the encroachments via lot line adjustments.

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

RATIONALE FOR RECOMMENDATION
The main dwellings located at 1401 Carleton Street and 1423 Ward Street currently encroach onto the Santa Fe Trackbed to Park Conversion Project Site. Adjusting the lot lines will allow the City to utilize the entirety of owned land for the future park and update the existing nonconforming lots at 1401 Carleton Street and 1423 Ward Street to conforming lots.

ALTERNATIVE ACTIONS CONSIDERED
City Council could direct staff to take legal action against 1401 Carleton Street and 1423 Ward Street to clear the encroachments, or enter into agreements with a condition that the encroachments be removed if any renovation is done on the properties.

CONTACT PERSON
Scott Ferris, Director, Parks Recreation & Waterfront, 510-981-6700 Evelyn Chan, Supervising Civil Engineer, Parks Recreation & Waterfront, 510-981-6430 Attachments:
1: Ordinance
Exhibit A: Lot Line Adjustment Applications

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

LOT LINE ADJUSTMENTS AT 1401 CARLETON STREET AND 1423 WARD STREET BE IT ORDAINED by the City Council of Berkeley as follows:

Section 1. The Council finds as follows:
a. On April 20, 2021, the City Council authorized staff to apply for grant funding and execute the Santa Fe Trackbed to Park Conversion Project should grant funds be awarded with Resolution No. 69,802-N.S.
b. On March 14, 2022, the City accepted grant funding and executed a contract with the Statewide Park Development and Community Revitalization Grant Program. c. The boundary and topographic survey of the site and its surroundings done for the Project show 1401 Carleton Street and 1423 Ward Street have portions of the main dwelling encroaching onto City Property.
d. The encroachments of 1401 Carleton Street and 1423 Ward Street need to be resolved as they impact the City’s usable future open space and the neighbors’ future safety and access.
e. The City Council authorizes the City Manager or his/her designee to execute lot line adjustments with 1401 Carleton Street and 1423 Ward Street to resolve existing main dwelling encroachments onto the City’s Santa Fe Trackbed to Park Conversion Project Site and update the existing nonconforming lots to conforming lots.

Section 2. AUTHORIZATION FOR CITY MANAGER TO EXECUTE LOT LINE ADJUSTMENTS AT 1401 Carleton Street and 1423 Ward Street.

The City Manager or his/her designee is hereby authorized to execute lot line adjustments with 1401 Carleton Street and 1423 Ward Street. The lot line adjustment applications shall be substantially in the form attached hereto as 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: Lot Line Adjustment Applications

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1947 Center Street 4th Floor, Berkeley, CA 94704 Tel: 510.981.6400 TDD: 510.981.6903 FAX: 510.981.6390 Planning Department
Engineering Division

APPLICATION FOR SUBDIVISION,

LAND DIVISION AND/OR LOT LINE ADJUSTMENT
(C

ERTIFICATE OF COMPLIANCE)
This application is to be used for the submission of a Tr act Map or a Parcel Map for the purpose of a
subdivision of land, and for the submission of a Lot Line Adjustment , as defined in the Subdivision Map Act (current revision) and in the City of Berkeley Municipal Code, Title 21.

Please use the APPLICATION FOR CONDOMINIUM if the proposed project is a new c ondominium or a condominium conversion, as defined in Sect
ion 783 of the California Civil Code.

INSTRUCTIONS:

Please answer the following questions, checking the appropriate boxes and/or supplying the requested information. Be as complete as possible, attaching additional sheets or supplemental data as required.

Respond to all of the questions. If the question does not apply to your project, please mark N/A where an answer is requested.

Your attention is directed to the “NOTE” section at the end of this application. Incomplete applications will be returned to the applicant.

If you have any questions, it is suggested that you first consult the State of California’s Subdivision Map Act (current revision) and the City of Berkeley’s Municipal Code, Title 21. I f you wish further information,
please call the Subdivision Engineer at (510) 981-6409.

It is your responsibility as the applicant to make certain that your proposal conforms to all of the requirements (Zoning/Current Planning, Planning, Public Works, etc.) for land divisions and lot line adjustments in the City of Berkeley, or that the appropriate variances, waivers, use permits, etc., have been obtained/approved.

1. Please check and give the appropriate map number below if this application is for a:
___ Tract Map No.____________ ___ Vesting Tentative Map ___ Parcel Map No. ___________ ___ Lot Line Adjustment ___ Certificate of Compliance

2. This subdivision contains ____________ parcels/lots.

3. Address of property: __________________________________________________________ ___________________________________________________________________________

4. Record Lot(s)/Block/Tract (or portions thereof – r
efer to the title report legal description, or deed)
___________________________________________________________________________ 1401 Carleton Street
x
Lot 28 in Block 23 of the Map of Mathews Tract, Berkeley, Oakland Township, Subdivide, 1888 filed August 7, 1888, in Book 10 of Maps at page 29, in the Office of the County Recorder of Alameda County.

Exhibit A

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APPLICATION FOR SUBDIVISION, LAND DIVISION AND/OR LOT LINE ADJUSTMENT Page 2

5. Assessor’s Parcel Number(s) _____________________________________________________

6. Name, Address, and Telephone Numbers of O
wner(s):

A. __________________________________ B. _ _______
____________________________________ __ _______________ ____________________________________ __ _____________________ Day: ( ) _________________________ Day: (
Evening ( ) ______________________ Evening ( ) _ ___________

7. Name, Address, and Telephone Numbers of Applicant (letters from the City will be addressed to this person):
____________________________________
____________________________________
____________________________________
Day: ( ) _________________________
Evening ( ) ______________________
7a. Name, Address, and Telephone Number of Engineer/Surveyor, and Registration information:
____________________________________ ____________________________________ Registration Number of Engineer/Surveyor
____________________________________
____________________________________
____________________________________ Expiration Date of Registration ( ) _____________________________

8. Describe the present use of the site: ________________________________________________ _____________________________________________________________________________

9. Briefly describe the purpose and intent of the proposed subdivision: _______________________ _____________________________________________________________________________ _____________________________________________________________________________

10. Current zoning status of site: ______________________________________________________

11. Total area of subdivision: ____________________ square feet City of Berkeley
2180 Milvia Street
Berkeley, CA 94704
510 981 - 6738
Stacey Rutherford
1947 Center Street, Floor 5
Berkeley, CA 94704
510 981 - 6738
Christopher Vandrey
201 N. Calle Cesar Chavez, Suite 300
Santa Barbara, CA 93103
805 719 - 9818
1401 Carleton is a single family home. City property is currently vacant land that will be remediated and
converted into a public park.

To resolve encroachments onto City property.

R-1
054-1794-015-00 and 054-1794-028-00
8783
12/31/24

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APPLICATION FOR SUBDIVISION, LAND DIVISION AND/OR LOT LINE ADJUSTMENT Page 3

12. Complete the following table, attach additional sheets as needed when applying for a Tract Map using the same format as shown below:

DESCRIPTION OF PROPOSED PARCELS AND IMPROVEMENTS
Parcel A B C D E
Area (Sq. ft.)
Proposed Use
Proposed
Structures (Y/N)
Proposed Access:

Strips (Lineal ft.)
R.O.W. Frontage:
(Lineal ft.)

13. Are there any easements in/on/over the site? If so, please describe:
_____________________________________________________________________________ _____________________________________________________________________________

14. Are there any utilities in an abutting public right-of-way(s) or easements? Check all that apply and show on Tentative Map:

Gas ________ El
ectricity __________ Telephone __________
Water ______ Storm _____________ Sanitary ____________

15. The nearest fire hydrant is __________ feet from the farthest parcel as measured along the public right-of-way and/or proposed access roads.

16. Is any utility construction proposed? Yes ______ No ______ If yes, please describe: __________________________________________________________ _____________________________________________________________________________

17. Is any sanitary sewer construction proposed? Yes ______ No ______ If yes, please describe: __________________________________________________________ _____________________________________________________________________________

18. Is any private sanitary sewer construction (main or lateral) proposed? Yes ______ No ______ If yes, please describe: __________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ X
X
X
X
X
X
X X X
No
50 x
x
x
Residential
N (existing)
N (existing)
3,386
14,169
public park
N

76.26 35.25
N/A

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APPLICATION FOR SUBDIVISION, LAND DIVISION AND/OR LOT LINE ADJUSTMENT Page 4

19. Is any grading/excavation proposed? Yes ______ No ______ If yes, please describe: __________________________________________________________ _____________________________________________________________________________

_____________________________________________________________________________

20. Is any demolition proposed? Yes ______ No ______
If yes, please describe: __________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________

21. Is “off-street” parking provided as required by the City’s Zoning Ordinance? Yes ____ No ____ If no, please describe: ___________________________________________________________ _____________________________________________________________________________

22. Describe any proposed construction of private access roads/strips. Will all passages or driveways (proposed or existing) be sufficient size so as to permit the entry of fire fighting equipment? _____________________________________________________________________________ _____________________________________________________________________________

23. Briefly describe any other proposed improvements:
_____________________________________________________________________________

24. Will any variances, waivers, use permits, etc., be required for this application? Yes ___ No ___

25. If so, have the variances, waivers, use permits, etc., been obtained? Yes ______ No ______ Appl
ied for ______
NOTE: If applying with a VESTING Tentative Map, written approval from the Board of Adjustments, in the form of APPROVED variances, permits, etc., is required PRIOR to applying for a land division.

If yes, please show the appropriate permit number ____________ or date granted ___________, and a description:
_____________________________________________________________________________ If applied for, city date, agency, application data, and a brief description: ___________________ _____________________________________________________________________________ _____________________________________________________________________________ NOTE: THIS IS NOT AN APPLICATION FOR SUCH VARIANCE, PERMITS, ETC., WHICH MUST BE MADE WITH THE APPROPRIATE DEPARTMENTS.
x
x
x
No proposed construction of private access roads/strips. This lot line adjustment will resolve existing encroachments onto City property and update 1401 Carleton into a conforming lot. x
City will construct a new dog park after soil remediation.

City will remediate the contaminants left behind from the site's historic railroad use as part of the Santa Fe Trackbed to Park Conversion project. new, shared property line as part of the Santa Fe Trackbed to Park Conversion project.

City will remove the existing fence and construct a new one along the

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APPLICATION FOR SUBDIVISION, LAND DIVISION AND/OR LOT LINE ADJUSTMENT Page 5 The acceptance of a completed application by the City of Berkeley does not constitute the approval of any application, nor does it guarantee that such application will be approved by the appropriate agency/agencies.

Once accepted by the City of Berkeley, all fees required for the submission of this application are non-re
fundable.

SIGNATURES OF APPLICANT AND ALL OWNERS OF RECORD (attach additional sheets, as needed):
__________________________ _______________________________ __________________ O
WNER (PRINT NAME) OWNER’S SIGNATURE DATE
__________________________ _______________________________ __________________ O
WNER (PRINT NAME) OWNER’S SIGNATURE DATE
__________________________ _______________________________ __________________ OW
NER (PRINT NAME) OWNER’S SIGNATURE DATE
__________________________ _______________________________ __________________ O
WNER (PRINT NAME) OWNER’S SIGNATURE DATE
__________________________ _______________________________ __________________ APPL
ICANT (PRINT NAME) APPLICANT’S SIGNATURE DATE
G:\PUB-WRKS\Application - Subdivision, Land Div & Lot Line Adjustment.doc Revised July 25, 2003

DO NOT WRITE BELOW THIS LINE
FILING DATE OF APPLICATION: _______________________

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1947 Center Street 4th Floor, Berkeley, CA 94704 Tel: 510.981.6400 TDD: 510.981.6903 FAX: 510.981.6390

Planning Department
Engineering Division

APPLICATION FOR SUBDIVISION,

LAND DIVISION AND/OR LOT LINE ADJUSTMENT
(CERTIFICATE OF COMPLIANCE)

This application is to be used for the submission of a Tract Map or a Parcel Map for the purpose of a subdivision of land, and for the submission of a Lot Line Adjustment , as defined in the Subdivision Map Act (current revision) and in the City of Berkeley Municipal Code, Title 21.

Please use the APPLICATION FOR CONDOMINIUM if the proposed project is a new c ondominium or a condominium conversion, as defined in Section 783 of the California Civil Code.

INSTRUCTIONS:

Respond to all of the questions. If the question does not apply to your project, please mark N/A where an answer is requested.

Your attention is directed to the “NOTE” section at the end of this application. Incomplete applications will be returned to the applicant.

If you have any questions, it is suggested that you first consult the State of California’s Subdivision Map Act (current revision) and the City of Berkeley’s Municipal Code, Title 21. If you wish further information, please call the Subdivision Engineer at (510) 981-6409.

1. Please check and give the appropriate map number below if this application is for a:

___ Tract Map No.____________ ___ Vesting Tentative Map

___ Parcel Map No. ___________ ___ Lot Line Adjustment ___ Certificate of Compliance

2. This subdivision contains ____________ parcels/lots.

3. Address of property: __________________________________________________________

___________________________________________________________________________

4. Record Lot(s)/Block/Tract (or portions thereof – refer to the title report legal description, or deed)

___________________________________________________________________________

1423 Ward Street
x
Lot 7, Block 3, Map of San Pablo Park, filed November 21, 1906 in Book 22 of Maps, Page 1, Alameda County Records.

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APPLICATION FOR SUBDIVISION, LAND DIVISION AND/OR LOT LINE ADJUSTMENT Page 2

5. Assessor’s Parcel Number(s) _____________________________________________________

6. Name, Address, and Telephone Numbers of Owner(s):

A. __________________________________ B. _ __

____________________________________ ___ __________________

____________________________________ ___ ________________

Day: ( ) _________________________ Day: ( ) _ ______________

Evening ( ) ______________________ Evening ( ) _ ____________

7. Name, Address, and Telephone Numbers of Applicant (letters from the City will be addressed to this person):

____________________________________

Day: ( ) _________________________

Evening ( ) ______________________

7a. Name, Address, and Telephone Number of Engineer/Surveyor, and Registration information:

____________________________________ ____________________________________ Registration Number of Engineer/Surveyor
____________________________________
____________________________________
____________________________________ Expiration Date of Registration

( ) _____________________________

8. Describe the present use of the site: ________________________________________________

_____________________________________________________________________________

9. Briefly describe the purpose and intent of the proposed subdivision: _______________________

_____________________________________________________________________________

10. Current zoning status of site: ______________________________________________________

11. Total area of subdivision: ____________________ square feet

City of Berkeley
2180 Milvia Street
Berkeley, CA 94704
510 981 - 6738
Stacey Rutherford
1947 Center Street, Floor 5
Berkeley, CA 94704
510 981 - 6738
Christopher Vandrey
201 N. Calle Cesar Chavez, Suite 300
Santa Barbara, CA 93103
805 719 - 9818
1423 Ward is a single family home. City property is
currently vacant land that will be remediated and
converted into a public park.

To resolve encroachments onto City property.

R-1
054-1736-006-00 and 054-1735-020-00
8783
12/31/24

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APPLICATION FOR SUBDIVISION, LAND DIVISION AND/OR LOT LINE ADJUSTMENT Page 3

12. Complete the following table, attach additional sheets as needed when applying for a Tract Map using the same format as shown below:

DESCRIPTION OF PROPOSED PARCELS AND IMPROVEMENTS
Parcel A B C D E
Area (Sq. ft.)
Proposed Use

Proposed
Structures (Y/N)

Proposed Access:

Strips (Lineal ft.)

R.O.W. Frontage:
(Lineal ft.)

13. Are there any easements in/on/over the site? If so, please describe:

_____________________________________________________________________________

14. Are there any utilities in an abutting public right-of-way(s) or easements?

Check all that apply and show on Tentative Map:

Gas ________ Electricity __________ Telephone __________ Water ______ Storm _____________ Sanitary ____________

15. The nearest fire hydrant is __________ feet from the farthest parcel as measured along the public right-of-way and/or proposed access roads.

16. Is any utility construction proposed? Yes ______ No ______

If yes, please describe: __________________________________________________________

_____________________________________________________________________________

17. Is any sanitary sewer construction proposed? Yes ______ No ______

If yes, please describe: __________________________________________________________

_____________________________________________________________________________

18. Is any private sanitary sewer construction (main or lateral) proposed? Yes ______ No ______

If yes, please describe: __________________________________________________________

_____________________________________________________________________________

X
X
X
X
X
No
9 x
x
x
Residential
N (existing)
N (existing)
3,147
16,011
public park
N

94.35 32.29
N/A

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APPLICATION FOR SUBDIVISION, LAND DIVISION AND/OR LOT LINE ADJUSTMENT Page 4

19. Is any grading/excavation proposed? Yes ______ No ______

If yes, please describe: __________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________

20. Is any demolition proposed? Yes ______ No ______

23. Briefly describe any other proposed improvements:

_____________________________________________________________________________

24. Will any variances, waivers, use permits, etc., be required for this application? Yes ___ No ___

25. If so, have the variances, waivers, use permits, etc., been obtained? Yes ______ No ______ Applied for ______
NOTE: If applying with a VESTING Tentative Map, written approval from the Board of Adjustments, in the form of APPROVED variances, permits, etc., is required PRIOR to applying for a land division.

If yes, please show the appropriate permit number ____________ or date granted ___________, and a description:

_____________________________________________________________________________

If applied for, city date, agency, application data, and a brief description: ___________________ _____________________________________________________________________________ _____________________________________________________________________________ NOTE: THIS IS NOT AN APPLICATION FOR SUCH VARIANCE, PERMITS, ETC., WHICH MUST BE MADE WITH THE APPROPRIATE DEPARTMENTS.
x
x
x
No proposed construction of private access roads/strips. This lot line adjustment will resolve existing encroachments onto City property and update 1423 Ward into a conforming lot. x
City will remediate the contaminants left behind from the site's historic railroad use as part of the Santa Fe Trackbed to Park Conversion project.

City will remove the existing fence and construct a new one along the City will construct a new teaching garden and outdoor classroom after soil remediation. new, shared property line as part of the Santa Fe Trackbed to Park Conversion project.

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APPLICATION FOR SUBDIVISION, LAND DIVISION AND/OR LOT LINE ADJUSTMENT Page 5

The acceptance of a completed application by the City of Berkeley does not constitute the approval of any application, nor does it guarantee that such application will be approved by the appropriate agency/agencies.

Once accepted by the City of Berkeley, all fees required for the submission of this application are non-refundable.

SIGNATURES OF APPLICANT AND ALL OWNERS OF RECORD (attach additional sheets, as needed):

__________________________ _______________________________ __________________ OWNER (PRINT NAME) OWNER’S SIGNATURE DATE

__________________________ _______________________________ __________________ APPLICANT (PRINT NAME) APPLICANT’S SIGNATURE DATE

G:\PUB-WRKS\Application - Subdivision, Land Div & Lot Line Adjustment.doc Revised July 25, 2003

DO NOT WRITE BELOW THIS LINE

FILING DATE OF APPLICATION: _______________________

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Office of City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7010 E-Mail: [email protected] Website: berkeleyca.gov

CONSENT CALENDAR
July 30, 2024
To:

From:

Submitted by:

Subject:

Honorable Mayor and Members of the City Council
LaTanya Bellow, Interim City Manager
Scott Ferris, Director, Parks, Recreation & Waterfront
Lease Agreement: Youth Musical Theater Company for the Live Oak Theater at 1301 Shattuck Ave

RECOMMENDATION
Adopt first reading of an Ordinance authorizing the City Manager to execute a lease agreement with Youth Musical Theater Company (YMTC) for the use and management of the City’s Live Oak Theater at 1301 Shattuck Avenue for a term of three years, anticipated to begin September 1, 2024 and ending August 31, 2027, with one five-year option.

FISCAL IMPACTS OF RECOMMENDATION
Youth Musical Theater Company (YMTC) will pay an annual rent of $6,000, intended to cover the City’s cost for utilities, for a total of $18,000 in the base period. If the 5-year option period is exercised, rent will increase to reflect updated costs and market conditions. Lease revenue will be deposited in the Parks Tax.

CURRENT SITUATION AND ITS EFFECTS
Live Oak Theater has been managed by community organizations for the past several decades. The most recent tenant, TheatreFirst, closed their operations and ended their lease in October 2023. They had just completed their 10th year; their lease had a 5-year term plus a 5-year option.

Many local theater groups expressed interest in the theater, so the City conducted a competitive process in January 2024. The City received two responses to the request for applications, and YMTC’s application was ranked highest by an evaluation panel of City staff.

At Live Oak Theater, YMTC will manage theater rentals for the City to better activate the space with community groups and artists, and expand the community’s awareness and use of the space. They will stage at least one YMTC production there each year, though their larger productions with full orchestras will continue to be in other venues. YMTC

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Lease Agreement: YMTC, Live Oak Theater CONSENT CALENDAR July 30, 2024

Page 2 ends

will also maintain the theater and its equipment in good repair throughout the lease period.

Live Oak Theater will be open to the public for rentals, managed by YMTC, and is expected to be used for local theater performances, as well as for events like performing arts classes, staged readings, recitals, open mic events, film screenings, holiday shows, professional development, training events, and presentations (e.g. “TED talk”-type events).

During the 3-year base period of the lease, City and YMTC staff will annually review the performance of the lease in terms of community use of the theater, rental costs and revenue, and condition of equipment and premises. A 5-year option may be exercised at the end of the base period with the following conditions:
 Rent will increase to reflect updated costs and market conditions, as documented and agreed by the City and YMTC.
 A list of priority improvements is prepared by YMTC and approved by City staff for completion in the option period.
 The space is well-used and well-attended, as documented by YMTC and approved by the City, with a diversity of local theater productions and other events.
 The premises are well-maintained, as documented by YMTC and approved by the City.

The lease additionally provides the City with free use of the space up to 8 days per year.

BACKGROUND
YMTC is a non-profit 501(c)(3) that produces musical theater and provides theater training to students from 7th grade through the university level. YMTC is a City tenant at another City property at the south end of Aquatic Park, 2925 and 2945 Bolivar Drive, where they perform rehearsals, build sets and conduct programs. YMTC undertook a comprehensive renovation of those buildings starting in 2014, reviving an area of the park that had fallen into disrepair. YMTC is active in the local performing arts community, and has staff with expertise in all aspects of theater management.

The Live Oak Theater is located at the Live Oak Community Center, with a separate entrance to the north, facing Live Oak Park. The theater is approximately 3,000 sq ft and seats 91 people. The space includes an entry foyer with ADA restroom, theater seating and stage, backstage area with two dressing rooms and ADA restroom, and a sound/light booth. The premises include sound and lighting equipment and theater furniture and fixtures that make it a fully operational theater.

ENVIRONMENTAL SUSTAINABILITY
The proposed lease contains a requirement that the tenant shall follow all environmental rules and regulations as they apply to City agencies. Specifically, the tenant is required

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Lease Agreement: YMTC, Live Oak Theater CONSENT CALENDAR July 30, 2024

Page 3 ends

to minimize waste, recycle, and compost, as per Recycling and Composting Guidelines for City Buildings. In addition, the lease is expected to draw more members of the community to Live Oak Park, which can lead to increased environmental awareness and stewardship the park.

RATIONALE FOR RECOMMENDATION
The proposed lease offers the potential for higher use of the City’s Live Oak Theater space, and more opportunities for the community to use and attend performances and events. YMTC brings professional theater management, including staff with expertise in theater technical equipment and requirements, as well as demonstrated experience maintaining City properties in good condition.

CONTACT PERSON
Scott Ferris, Director, Parks, Recreation & Waterfront, 981-6711 Christina Erickson, Deputy Director, Parks, Recreation & Waterfront, 981-6703 Attachments:
1: Ordinance
Exhibit A: Lease Agreement

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ORDINANCE NO. –N.S.

LEASE AGREEMENT WITH YOUTH MUSICAL THEATER COMPANY FOR THE USE AND MANAGEMENT OF LIVE OAK THEATER AT 1301 SHATTUCK AVENUE BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. The City Manager, or designee, is hereby authorized to execute a 3-year lease agreement with one 5-year option and any amendments thereto with Youth Musical Theater Company for the use and management of Live Oak Theater at 1301 Shattuck Ave. in Berkeley, CA. Such lease shall be on substantially the terms set forth in Exhibit A.

Section 2. The rent will be $6,000 per year, intended to cover the City’s cost of utilities. If the 5-year option period is exercised, rent will increase to reflect updated costs and market conditions.

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

Exhibit A: Lease Agreement

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CITY OF BERKELEY

IMPROVED PROPERTY LEASE

Between

THE CITY OF BERKELEY, A CHARTER CITY

ORGANIZED AND EXISTING UNDER THE LAWS

OF THE STATE OF CALIFORNIA

as Landlord,

and

YOUTH MUSICAL THEATER COMPANY

as Tenant.

For the Live Oak Theater property,
Located at 1301 Shattuck Ave.

Berkeley, CA

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2 Live Oak Theater Lease, 1301 Shattuck Ave. – YMTC, Tenant

TABLE OF CONTENTS

1. DEFINITIONS ..................................................................................................................... 8

2. TERM ................................................................................................................................... 8

3. RENT .................................................................................................................................... 9

4. PROPERTY AND OTHER TAXES .................................................................................. 10

5. USE OF PREMISES .......................................................................................................... 11

6. FREE CITY USE ............................................................................................................... 13

7. ANNUAL PERFORMANCE REVIEW ............................................................................ 14

8. USE OF LIVE OAK PARK PROPERTY ......................................................................... 14

9. EQUIPMENT AND INVENTORY ................................................................................... 15

10. SERVICES ......................................................................................................................... 15

11. OBLIGATION OF TENANT TO REMOVE PERSONAL PROPERTY ......................... 16

12. ALTERATIONS AND IMPROVEMENTS ...................................................................... 16

13. LIENS ................................................................................................................................. 18

14. TENANT AND LANDLORD MAINTENANCE OBLIGATIONS ................................. 19

15. EXTRAORDINARY COSTS ............................................................................................ 19

16. ENVIRONMENTAL ......................................................................................................... 19

17. DAMAGE OR DESTRUCTION ....................................................................................... 20

18. INDEMNIFICATION ........................................................................................................ 20

19. INSURANCE ..................................................................................................................... 21

20. COMPLIANCE WITH LAWS .......................................................................................... 23

21. ASSIGNMENT AND SUBLEASE ................................................................................... 24

22. INSPECTION ..................................................................................................................... 25

23. DEFAULT .......................................................................................................................... 25

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3 Live Oak Theater Lease, 1301 Shattuck Ave. – YMTC, Tenant

24. REMEDIES UPON DEFAULT ......................................................................................... 27

25. ENVIRONMENTAL OBLIGATIONS ............................................................................. 28

26. LANDLORD'S RIGHT TO CURE .................................................................................... 29

27. EMINENT DOMAIN ......................................................................................................... 30

28. SUBORDINATION ........................................................................................................... 30

29. NO MERGER ..................................................................................................................... 31

30. TRANSFER BY LANDLORD .......................................................................................... 31

31. ESTOPPEL CERTIFICATES ............................................................................................ 31

32. HOLDING OVER .............................................................................................................. 31

33. CHANGES BY LANDLORD ............................................................................................ 31

34. GOVERNING LAW .......................................................................................................... 32

35. SECURITY DEPOSIT ....................................................................................................... 32

36. SIGNAGE .......................................................................................................................... 32

37. NO PARTNERSHIP .......................................................................................................... 33

38. NO WAIVER ..................................................................................................................... 33

39. NOTICES ........................................................................................................................... 33

40. COMPLETE AGREEMENT ............................................................................................. 34

41. REQUESTS FOR CONSENT; WAIVER OF CLAIM ..................................................... 34

42. INTERPRETATION .......................................................................................................... 34

43. SUCCESSORS AND ASSIGNS........................................................................................ 35

44. AUTHORITY ..................................................................................................................... 35

45. UNAVOIDABLE DELAYS .............................................................................................. 35

46. TIME OF THE ESSENCE ................................................................................................. 35

47. BROKERAGE .................................................................................................................... 35

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4 Live Oak Theater Lease, 1301 Shattuck Ave. – YMTC, Tenant

48. CITY NON-DISCRIMINATION ORDINANCE .............................................................. 36

49. NON-DISCRIMINATION AGAINST PERSONS WITH DISABILITIES ...................... 36

50. CONFLICT OF INTEREST PROHIBITED ...................................................................... 36

51. NUCLEAR FREE BERKELEY ........................................................................................ 37

52. OPPRESSIVE STATES ..................................................................................................... 37

53. BERKELEY LIVING WAGE ORDINANCE (LWO) ...................................................... 38

54. BERKELEY EQUAL BENEFITS ORDINANCE (EBO) ................................................. 38

56. AUDIT ................................................................................................................................ 39

57. CITY BUSINESS LICENSE, PAYMENT OF TAXES, TAX I.D. NUMBER ................ 40

58. SURVIVAL ........................................................................................................................ 40

59. EXHIBITS .......................................................................................................................... 40 Exhibit “A”: Leased Premises ...................................................................................................... 39

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5 Live Oak Theater Lease, 1301 Shattuck Ave. – YMTC, Tenant

Page 9 of 46 ends

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6 Live Oak Theater Lease, 1301 Shattuck Ave. – YMTC, Tenant

PROPERTY LEASE

BASIC LEASE INFORMATION

1. Landlord: City of Berkeley, a California municipal corporation (City) 2180 Milvia Street
Berkeley, CA 94704
Attention: Director, Parks, Recreation & Waterfront
Telephone: (510) 981-6700
Email: [email protected]

2. Tenant: Youth Musical Theater Company (YMTC)

3. Tenant Trade
Name: Youth Musical Theater Company

4. Effective Date: September 1, 2024

5. Premises: Live Oak Theater, located at the Live Oak Community Center, approx. 3,000 sq ft, including an entry foyer and restroom, 91 theater seats, stage, backstage area with 2 dressing rooms and restroom, and a sound/light booth.

6. Permitted Uses: The Premises shall be used by Tenant for theater productions and events like performing arts classes, staged readings, recitals, open mic events, film screenings, holiday shows, professional development, training events, and presentations (e.g. “TED talk”-type events).

7. Initial Term: Three (3) year(s), commencing as of September 1, 2024 (“Commencement Date”).

8. Option Period: Five (5) years.

9. Base Rent: $6,000 per year. If option period is exercised, rent will increase to reflect updated cots and market conditions.

10. Improvements &
Maintenance
Tenant accepts premises in as-is condition. Tenant is responsible for all expenses associated with improvements needed to maintain the property in good condition. If unforeseen improvements with extraordinary costs are required, Landlord and Tenant agree to meet to discuss options for funding.

Landlord makes no representation that it will fund any improvements.

11. Maintenance Tenant will be responsible for ongoing maintenance for the premises, including but not limited to plumbing, building systems, graffiti abatement, janitorial, and pest control, as well as maintenance, repair and replacement as needed of theater equipment and inventory.

12. Services Landlord will pay for gas, electric, water and sewer. Tenant will be responsible for and pay for all other services.

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7 Live Oak Theater Lease, 1301 Shattuck Ave. – YMTC, 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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LEASE

TH
IS LEASE is made by and between the CITY OF BERKELEY, a Charter City organized and existing under the laws of the State of California ("Landlord or City") and YOUTH MUSICAL THEATER COMPANY, a n
on-profit organization doing business at 1000
42nd Street Oakland, CA 94608 ("Tenant").

WITNESSETH :

Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the Premises for the term and subject to the terms, covenants, agreements and conditions set forth below, to each and all of which Landlord and Tenant hereby mutually agree.

1. DEFINITIONS

Unless the context otherwise specifies or requires, the following terms shall have the mean
ings herein specified:

A. " Affiliate," as to any person, shall mean such person's partners, members, commissioners, officers, employees, volunteers and agents.

B. " Lease Year" shall mean each twelve-m
onth period during the term of the Lease
commencing upon the effective date of the Lease.

C. " Premises" shall mean the Live Oak Theater, located at the Live Oak Community Center, approx. 3,000 sq ft, including an entry foyer and restroom, 91 theater seats, stage, backstage area with 2 dressing rooms and restroom, and a sound/light booth, and as further depicted in Exhibit “A.”

2. TERM

A. Initial Term and Term of Renewal. The initial term is for a period of three years.

Tenant has the option, under certain terms and conditions as described below, to renew this lease for an additional five-year term. This Lease shall take effect once duly approved by the Berkeley City Council and executed by both Landlord and Tenant (“the Effective Date”). The Initial Lease Term will expire at midnight August 31, 2027 (“the Termination Date”).

B. Procedure for Renewal. If Tenant wishes to renew the Lease beyond the Initial Lease Term, Tenant must provide written notice of such intent to Landlord at least one hundred and twenty (120) days prior to the expiration of the Initial Term. Landlord may extend to Tenant a five-year option to renew this Lease if Landlord, in its sole discretion, determines that throughout the Initial Term (a) Tenant has complied with all terms and conditions of the Lease, (b) the space has been well-used and well-attended, as documented by Tenant and approved by Landlord, with a diversity of local theater productions and other events, and (c) the Premises have been well-
maintained, as documented by Tenant and approved by the Landlord. Any such option shall be subject to the following conditions:

1. Re
nt will increase to reflect updated costs and market conditions, as

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documented and agreed by Landlord and Tenant.

2. A list of priority improvements is prepared by Tenant and approved by Landlord staff for completion in the option period.

3. Tenant will continue to ensure the space is well-used and well-attended, as documented by Tenant and approved by Landlord, with a diversity of local theater productions and other events.

4. Tenant will continue to ensure the Premises are well-maintained, as documented by Tenant and approved by the Landlord.

Landlord shall provide notice of its determination to grant renewal of the lease upon condition that Tenant agrees to the increase in rent and additional improvements, at least thirty (30) days prior to the expiration of the Initial Term.

C. If, after Landlord's initial determination that Tenant has complied with the terms and conditions of the Lease but prior to its actual expiration, Landlord determines, at its sole discretion, that Tenant has failed to comply with any term or condition of the Lease, Landlord may revoke the granting of the additional term and seek applicable remedies under the Lease, including, but not limited to Section 20.

D. If Landlord and Tenant are unable to agree upon conditions for renewal, as described above, but Tenant is in compliance with the terms and conditions of the Lease, the Lease will terminate at the end of the Initial Term.

E. At the expiration of the term, or any sooner termination of this lease due to default, Tenant agrees to quit and surrender possession of the premises and its appurtenances to Landlord in good order and condition. Tenant agrees to reimburse the Landlord for any damage done to the property caused by Tenant’s occupation or tenancy excepting reasonable wear and tear and damage by the elements. Tenant shall not leave or allow to remain on the property any garbage, refuse, debris, or personal property. Tenant will pay Landlord any removal costs incurred by Landlord. At the end of the tenancy, Tenant agrees to deliver the property keys to the Landlord in person or by mail to the Landlord’s designated agent.

3. RENT

A. Minimum Rent.

Tenant shall pay to Landlord as a minimum rental for its use and occupancy of the Premises an annual rent of SIX THOUSAND DOLLARS ($6,000) per year of the Initial Term. For purposes of determining Minimum Rent, the first year of the Lease is the period up to August 31, 2025.

B. Manner of Payment. All rent and other payments due from Tenant shall be made to Landlord in lawful money of the United States of America at Landlord's address for notice hereunder, or to such other person or at such other place as Landlord may from time to time designate in writing.

C. Delinquency and Late Charges; Interest.

1. Tenant hereby acknowledges that its late payment of rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult or impracticable to ascertain. Such costs include,

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without limitation, processing and accounting charges and overtime wages. Accordingly, any payment of rent or other sum due hereunder that remains due and unpaid for a period of ten (10) days after it becomes due and payable shall be subject to a delinquency charge of ten percent (10%) of the delinquent amount. The parties agree that such charge represents a fair and reasonable estimate of the costs Landlord shall incur by reason of Tenant's late payment. Landlord shall apply any monies received from Tenant first to any accrued delinquency charges and then to any rent then due. Acceptance of such delinquency charges by Landlord shall not constitute a waiver of Tenant's default with respect to such overdue amount. The delinquency charge is in addition to all other remedies that Landlord may have under this Lease or at law.

2. Any amount due to Landlord, if not paid when due, shall bear interest from the date due until paid at the rate of the twelve percent (12%) per annum. Interest shall not be payable on delinquency or late charges nor on any amounts upon which such charges are paid by Tenant, to the extent such interest would cause the total interest to exceed that legally permitted. Payment of interest shall not excuse nor cure any default hereunder by Tenant.

D. Accord and Satisfaction. Landlord's acceptance of a lesser amount of rent or other sum due hereunder shall not be deemed to be other than on account of the earliest rent or payment due and shall be applied by Landlord as provided in subsection D.1. No endorsement or statement on any check or letter accompanying any such check or payment shall be deemed an accord and satisfaction, and Landlord may accept such check or payment and pursue any other remedy available under this Lease or at law. Landlord may accept any partial payment from Tenant without invalidation of any contractual notice required hereunder (if required) and without invalidation of any notice required pursuant to California Code of Civil Procedure Section 1161, et seq., or any successor statute.

4. PROPERTY AND OTHER TAXES

A. Possessory Interest Taxes. The property interests created by this Lease may be subject to property taxation and Tenant, in whom the possessory interest is vested, will be responsible for the timely payment of any property taxes levied on such possessory interest.

Tenant agrees to pay before delinquency all lawful taxes, assessments, fees or charges which at any time may be levied by the state, county, city or any tax or assessment levying body against the transfer of the leasehold interest hereunder upon recordation or otherwise, or upon any activity carried on under this Lease, any interest in this Lease or any possessory right which Tenant may have in or to the Property or the Property by reason of its use or occupancy thereof or otherwise.

B. City of Berkeley Assessments. Tenant also shall be responsible for and shall pay prior to delinquency all assessments imposed against the Property and/or the Property by the City. Tenant acknowledges that City has established certain assessment districts within the City of Berkeley and that all properties within the assessment districts are subject to annual assessments. The City reserves the right to create additional districts and to terminate any such district(s). Tenant shall be billed for each such assessment in the same manner as other property owners and lessees in the City.

C. Personal Property and Other Taxes. In addition to all other sums to be paid by

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Tenant hereunder, Tenant shall pay, before delinquency, any and all taxes levied or assessed during the term of the Lease on Tenant's equipment, furniture, fixtures, merchandise, and other personal property located in the Property, and shall pay, or shall reimburse Landlord for, any and all assessments (including, without limitation, all assessments for public improvements, services or benefits, irrespective of when commenced or completed), excises, levies, business taxes, Lease, permit, inspection and other authorization fees, transit fees, service payments in lieu of taxes and any other fees or charges of any kind, which are levied, assessed, or imposed by any public authority: (i) upon or measured by rental payable hereunder, including without limitation, any gross income tax or excise tax levied by the City of Berkeley, Alameda County, the State of California, the Federal Government or any other government body with respect to the receipt of such rental; (ii) upon or with respect to the development, possession, leasing, operation, management, maintenance, alteration, repair, use or occupancy by Tenant of the or any portion thereof; (iii) upon, measured by or reasonably attributable to the cost or value of Tenant's equipment, furniture, fixtures, merchandise, and other personal property located at or in the Premises or by the cost or value of any improvements made by Tenant to the Property, regardless of whether title to such improvements shall be in Tenant or Landlord; or (iv) upon this Lease or any document to which Tenant is a party creating or transferring an interest in the Property.

D. Tenant's Right to Contest. Tenant may, at no cost to Landlord, reasonably contes t
the legal validity or amount of any taxes, assessments, or charges for which Tenant is responsible under this Lease, and institute such proceedings as Tenant considers necessary; provided, however, that Tenant shall at all times protect Landlord from foreclosure of any lien, and that Landlord shall not be required to join in any proceeding or contest brought by Tenant.

5. USE OF P

REMISES

A. The Premises shall be used by Tenant to create a vibrant community space that draws young people, families, working artists, and other members of the public, to Live Oak Theater. Tenant will manage theater rentals, open to the public, and will conduct marketing and outreach to expand the community’s awareness and use of the space. Tenant may use the Premises for Tenant-run productions and events, and rentals for local theater performances, as well as for events like performing arts classes, staged readings, recitals, open mic events, film screenings, holiday shows, professional development, training events, and presentations (e.g. “TED talk”-type events).

B. Landlord agrees that Tenant may operate a box office within the lobby area of the theater provided that tenant first obtain all necessary licenses and permits for operation from local and state governments.

C. Tenant may operate a concession stand within the lobby area of the theater provided that Tenant first obtain all necessary licenses and permits for operation from local and state governments.

D. Adult-oriented businesses, as defined in the City of Berkeley Zoning Code, are not permitted to use the premises.

E. At all times, Tenant agrees to provide adequate personnel to operate and manage the theater and ensure that safe and efficient management of the Premises.

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F. At Tenant shall comply with all applicable safety standards in effect at any given time, and take all necessary steps to ensure that its participants and patrons are properly supervised to prevent injury to participants and others. Tenant will provide adequate supervision of the participants and patrons at all times while using the Premises.

G. Landlord shall have no responsibility for Tenant’s furnishings, property or equipment that may be lost, stolen or damaged.

H. Tenant acknowledges that the Premises is located within Live Oak Park and agrees to require its employees, participants, and patrons who use the Premises to abide by standards of behavior common to the general park use.

I. Tenant agrees to cooperate with the City in promoting community participation in Tenant’s programs and activities held on the Premises.

J. Tenant shall operate its business on and about the Premises in a manner consistent with the use permitted herein and the standards promulgated by Landlord.

K. In renting space, or at any other time, Tenant shall not represent itself as an agent of the City of Berkeley or of Landlord.

L. Tenant shall not, without the written consent of the Landlord:

1. place, construct, or maintain in, on, or about the Premises or within Live Oak Park any advertisement media, except for the bulletin board location outside the Live Oak Community Center and the current theater sign designated for advertising, subject to Berkeley Municipal Code, Title 20; including without limitation, searchlights, flashing lights, loudspeakers, or other similar media or device;

2. warehouse or stock on the Premises any goods, wares or merchandise other than that which is directly related to the Tenant’s use of the Premises;

3. store, display or sell goods or merchandise on the Premises or place or permit portable signs or other devices to be stored or to remain on the Premises;

4. use or permit any portion of the Premises to be used as living or sleeping quarters;

5. sell, distribute, display, or offer for sale any item, which, in Landlord’s good faith judgment, may tend to detract from the image of Live Oak Park.

M. Tenant shall not do or permit to be done in, on, or about the Premises anything which is prohibited by or may conflict with any law, statute, ordinance or governmental rule or regulation now in force or hereafter enacted or promulgated, which is prohibited by the standard forms of special form or commercial general liability insurance or which may cause a cancellation of any insurance policy covering Live Oak Park, Live Oak Community Center or the Premises or any of its contents, or (except with the prior written consent of Landlord) which

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may increase the existing rate of or affect any special form or commercial general liability insurance or other insurance upon Live Oak Park, Live Oak Community Center or the Premises, or any of its contents. In the event Tenant does or permits to be done anything or keeps or permits to be kept anything on or about the Premises, Live Oak Park, or Live Oak Community Center which increases the existing rate of such insurance upon Live Oak Park, Live Oak Community Center or the Premises or any of its contents, Tenant shall pay the amount of any such increase promptly upon Landlord's demand. Tenant shall not do or permit anything to be done which will in any way obstruct or interfere with the rights of other lawful users of Live Oak Park and Live Oak Community Center including, without limitation, tenants, their employees or invitees, disturb or annoy them, or use or allow the Premises to be used for any improper, unlawful or objectionable purpose. Tenant shall not maintain or permit any nuisance in or about the Premises or commit or suffer to be committed any waste in or upon the Premises.

N. No auction, fire, bankruptcy, distress, clearance, or going-out-of- business sale shall be conducted on the Premises nor shall any sign or advertisement regarding such activity be posted in or about the Premises.

O. Tenant shall not use or permit the Premises to be used in any manner or permit anything to be brought into or kept therein which would (i) violate the certificate of occupancy for the Premises; (ii) make it impossible or extraordinarily difficult to obtain special form coverage, commercial general liability or other insurance required to be furnished by Tenant under this Lease; (iii) cause structural injury to any part of the Premises; (iv) impair or interfere with the proper operation and maintenance of the Premises and/or Live Oak Park and Live Oak Community Center; or (v) violate any of Tenant's other obligations under this Lease.

P. If any governmental license or permit, other than a certificate of occupancy, shall be required for the proper and lawful conduct of Tenant's business, Tenant shall procure and maintain such license or permit and submit the same for inspection by Landlord. Tenant at all times shall comply with the terms and conditions of each such license or permit.

Q. Nothing shall be done in or about the Premises by Tenant or anyone having a contractual relationship with Tenant that will result in substantial interference, by themselves or third parties, with normal operation and use of Live Oak Park and Live Oak Community Center or the means of ingress and egress thereto ("Substantial Interference"). Tenant shall use every effort to eliminate Substantial Interference, including legal action. If Tenant fails to bring an immediate halt to any Substantial Interference, Landlord shall have the right (i) to take action and require Tenant to undertake and eliminate such Substantial Interference and (ii) to commence any legal action to eliminate such Substantial Interference. Any agreement entered into by Tenant with regard to use of the Premises shall contain a provision reserving to Tenant all of the necessary rights and remedies to permit Tenant to comply with its obligations under this provision and authorizing Landlord to enforce the terms of such provision if Tenant fails to do so.

6. FREE CITY USE

The City may have free use of the space up to 8 days per year. In Year 1, Landlord will identify dates for the first year at the start of the lease. In Years 2 and 3, Landlord will provide dates 6 months in advance. As needed, Tenant may negotiate different dates with Landlord approval.

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7. ANNUAL PERFORMANCE REVIEW

During the three-year Initial Term of the lease, Landlord and Tenant staff will annually review the performance of the lease in terms of community use of the theater, rental costs and revenue, and condition of equipment and premises. This review will inform Landlord’s decision to exercise the option period, and conditions therein.

8. USE OF LIVE OAK P

ARK PROPERTY

A. The parties acknowledge that Tenant has, as a member of the general public, the non-
exclusive right, in common with others duly authorized by Landlord, and subject to all generally applicable laws and regulations, to use Live Oak Park.

B. Tenant agrees that except as otherwise provided in this Lease, it is not a covenant or condition of this Lease or of any other agreement with Tenant that Landlord undertake or cause to be undertaken any development or redevelopment of the Property or Live Oak Park or Live Oak Community Center, and Landlord shall incur no liability whatsoever to Tenant for failure to undertake such development or redevelopment.

C. Landlord at all times shall have the right and privilege of making such changes in and to Live Oak Park and Live Oak Community Center (other than to th e Premises) from time to
time which in its sole opinion are deemed to be desirable or appropriate, including the location and relocation of stairways, sidewalks, pathways, driveways, streets, entrances, exits, automobile parking spaces, the direction and flow of traffic, designation of prohibited areas, landscaped areas, utilities and all other facilities; provided, however, that the foregoing is not intended to entitle Landlord to unreasonably effect changes that would materially and adversely affect access to or visibility of the Premises, except temporarily during periods of construction. Landlord shall have the right to establish, promulgate, and enforce such reasonable rules and regulations concerning Live Oak Park, as it may deem necessary or advisable for the proper and efficient management, operation, maintenance and use thereof, and Tenant shall comply with the same.

D. Landlord at all times shall have the sole and exclusive management and control of Live Oak Park or Live Oak Community Center, including without limitation, the right to lease, license or permit the use of space within Live Oak Park or Live Oak Community Center to persons for the sale of merchandise and/or services and the right to permit advertising displays, educational displays, displays of art, and promotional activities and entertainment.

E. Nothing contained herein shall be deemed to create any liability to Landlord for any personal injury, or any damage to motor vehicles, vessels, or other property of Tenant's members, employees or others, unless caused by the gross negligence or willful misconduct of Landlord, its agents, servants or employees. Tenant is solely responsible for the security of the Premises, and for the safety of those using the Premises pursuant to this Lease or any permits or licenses from the City. Tenant acknowledges that if Landlord provides security guards or police patrols for Live Oak Park or Live Oak Community Center or any portion thereof, Landlord does not represent, guarantee or assume responsibility that Tenant or any person or entity will be secure from losses or injury caused by the acts of third parties and does not assume responsibility for any such illegal acts. Tenant hereby waives any present or future claims Tenant may have

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against Landlord, whether known or unknown, for bodily injury or property damage arising from the performance of such security agents. City shall not be obligated to provide any public liability or property damage or loss insurance for the benefit of Tenant or any other person or entity.

F. Tenant will use its best efforts to maintain effective relations with other users of Live Oak Park, Live Oak Community Center and with neighbors. Tenant shall park vehicles only in legal and/or designated parking areas and only for the legal period of time; shall deposit all trash in legal containers; shall not deposit food or material of any kind on adjacent Premises; and shall respect the sensitive environment of Live Oak Park.

G. Tenant shall not interfere with the free and unobstructed access by the public to Live Oak Park. Tenant shall not preclude other users of Live Oak Park or Live Oak Community Center from exercising a different use without first obtaining any and all appropriate permits.

Tenant shall be obligated to permit such access to Live Oak Park as required for consistency with applicable laws of the State of California, the Grant, and/or City's plans adopted from time to time; however, this sentence is not intended to, and shall not be construed to, confer any right of action upon any third party.

H. Landlord reserves to itself the right to grant to others in the future nonexclusive utility easements over, under, through, across, in or on the Premises in locations that will not unreasonably interfere with Tenant's access to or use of the Premises. Any interference shall be temporary, and all work on the Premises shall proceed expeditiously. Tenant shall be given reasonable notice before commencement of any work on the Premises. In the event the installation or maintenance of such future utility lines in such easements causes any damage to the Premises, or any portion thereof, or other facilities located upon the Premises, including but not limited to pavement, curbs and sidewalks, the same shall be repaired by Landlord at its expense, if not so repaired by the party installing and maintaining the line. Landlord shall hold harmless and indemnify Tenant from all claims arising out of the grant or use of such a utility easement, except to the extent they result from the negligence or willful misconduct of Tenant or its sub-lessees or sub-tenants.

9. EQUIPMENT AND INVENTORY

The premises include sound and lighting equipment and theater furniture and fixtures that make it a f
ully operational theater as-is. Tenant will maintain or replace equipment and inventory as needed to keep the theater in good repair and fully operational. See Exhibit X for a list of equipment and inventory included within this lease. Tenant acknowledges that this equipment and inventory is the property of the Landlord, and will re main with the theater at the termination
of the lease.

10. SERVICES

A. Landlord will pay for gas, electric, water and sewer costs, as these costs are on a shared meter with the Live Oak Community Center.

B. Tenant will make arrangements for and pay for all other utilities and services,

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including but not limited to garbage, internet, alarm service, pest control, janitorial and all fees and periodic charges related thereto.

C. Landlord makes no representation or warranty that the supply of any utility or service to the Premises will not be interrupted, delayed or reduced.

D. Landlord shall not be liable for damages to either person or property; nor shall Landlord be deemed to have evicted Tenant; nor shall there be any abatement of any rent; nor shall Tenant be relieved from performance of any covenant on its part to be performed hereunder by reason of any (i) breakdown of equipment or machinery utilized in supplying utilities or services; (ii) interruption of or failure to supply or delay in supplying any such utilities or services; (iii) the limitation or restriction on use of water, electricity gas, or telecommunications service serving the Property or Live Oak Park or Live Oak Community Center; or (iv) failure to repair or cure any of the foregoing, except in the case of Landlord's gross negligence or willful misconduct.

11. OBLIGATION OF TENANT TO REMOVE PERSONAL PROPERTY

Upon the expiration of this Agreement, Tenant is obligated to remove any personal property pla
ced in the Premises by the Tenant. If any personal property does remain on the Premises upon the expiration of the Agreement it will be considered abandoned personal property, which will be removed, by the Landlord and the Tenant will be responsible for all costs ass ociated with
removing the personal property from the Premises.

12. ALTERATIO

NS AND IMPROVEMENTS

A. Tenant acknowledges that Landlord owns the Premises. Tenant accepts the Premises from Landlord in its "as is" condition, the conditions that exist as of the Effective Date of this Lease. Tenant acknowledges that Landlord makes no representation or warranty concerning (i) the physical condition of the Premises; (ii) the Premises suitability for Tenant's proposed use; or (iii) the presence of any Hazardous Substance in or about the Property or the Premises, except as otherwise expressly set forth in this Lease. Landlord has encouraged Tenant to make its own physical inspection of all aspects of the Property and the Premises and to conduct its own investigation as to the suitability of the Property and the Premises for Tenant's use.

B. Tenant shall not make any alterations, additions or improvements to the Premises (i) costing in excess of $5,000 for any single instance or $15,000 in the aggregate for any twelve (12) consecutive months or (ii) affecting the Premises’ structure or utility systems, or attach any fixture or item of equipment thereto without Landlord's prior written consent. All such alterations, additions, or improvements shall be made at Tenant's sole expense in accordance with Landlord's General Design Requirements (if any) and the plans and specifications (including specifications for materials to be used in connection therewith) and a statement of the estimated cost of such work submitted to and approved by Landlord (collectively the "Plans and Specifications"). If the cost thereof exceeds $5,000 for any single instance, or if such Tenant's work involves the Premises’ structure or utility systems, any contractor or person selected by Tenant must be a licensed contractor. Landlord, in its sole discretion, shall approve or disapprove Tenant's request and may disapprove Tenant's use of any materials or substances,

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including but not limited to asbestos and fiber glass, which Landlord, in its sole discretion, deems potentially hazardous, toxic or threatening to health. To the extent that Tenant's work shall require a building permit or other permits from the City of Berkeley, and/or any other governmental agency, Tenant shall not perform any of Tenant's work until Tenant has obtained all requisite permits. Tenant further shall comply with all prevailing wage requirements of California Labor Code Sections 1720 et seq., to the extent such requirements are applicable to Tenant's work.

C. Tenant shall not repair, replace or modify any utility system located within the Premises without the Landlord's prior written consent. Tenant is responsible for the repair of any damage to any utility system, structural element of the Premises, facilities of Landlord or any other facilities arising out of Tenant's construction activities or Tenant's negligence or willful misconduct; provided, however, such provision is not intended to and shall not be interpreted to make any other person or entity a third party beneficiary thereof.

D. This Lease specifically prohibits Tenant, or any other party, from expanding uses or structures allowed on the Premises beyond those designated in use permits approved by the City of Berkeley. Notwithstanding approval of any new Use Permit allowing expansion, or any future expansion of the uses in existing buildings, or additions to existing buildings, or construction of any new buildings, or moving existing buildings onto the Premises, are all subject to the prior written approval of the Landlord and all are subject to the environmental review and permit regulations and approvals of same by all applicable local, state, and federal agencies.

E. If Tenant proposes to make or construct any alterations, improvements, additions or fixtures that affect any portion of the Premises or any structures located on the Premises that are allowed under an existing use permit, Tenant shall first provide the Landlord with thirty (30) days prior written notice. If Landlord raises no objections within thirty (30) days after receipt of such notice, Tenant may proceed, provided Tenant obtains all required permits.

F. Tenant shall not substantially deface or change any floors, walls, ceilings, roofs, or partition any of the structures or improvements on the Premises without first providing thirty (30) days written notice to Landlord. If Landlord raises no objections within thirty (30) days after receipt of such notice, Tenant may proceed, provided Tenant obtains all required permits.

Except as may be specifically approved in writing by Landlord, Tenant shall require all contractors to provide a labor and materials bond for the full amount of any contract for improvements that exceed $50,000. Tenant shall pay, when due, all sums of money that may be due or become due for any labor, services, materials, supplies or equipment furnished to or for Tenant in, at, upon or about the Premises and which may be secured by any mechanic's, material men’s or other lien against the Premises or Landlord's interest therein.

All alterations, improvements or additions that are now or in the future attached permanently to the Premises shall be the Property of Landlord and shall remain with the Property at the termination of this Lease, except that Landlord can elect within thirty (30) days of the termination of the Lease to require Tenant, at its cost, to remove any equipment that Tenant has affixed to the Premises.

G. 1. Tenant agrees that to the extent it is required to comply with the prevailing

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wage requirements, Tenant shall assure that all workers are paid the prevailing rate of per diem wages, and travel and subsistence payments (defined in applicable collective bargaining agreements filed in accordance with Section 1773.8 of the California Labor Code), in effect on the date of Landlord's first approval of a building permit or other approval of the work. Copies of the applicable prevailing rate of per diem wages are on file at Landlord's principal office and will be made available to any interested party on request. Tenant agrees to post a copy of the prevailing rate of per diem wages at the Property. Tenant, as a penalty to Landlord, shall forfeit Twenty-Five Dollars ($25) for each calendar day, or portion thereof (or such other sum as specified from time to time by Section 1775 of the California Labor Code), for each worker paid less than the applicable prevailing rates for such work or craft in which such worker is employed.

The difference between such prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by Tenant.

2. Tenant agrees to keep or cause to be kept by each contractor and subcontractor an accurate payroll record for each worker employed on Tenant's work covered by this subsection H showing all of the information specified in subsection (a) of Section 1776 of the California Labor Code. All such payroll records shall be certified, available for inspection and filed in accordance with the procedures specified in subsections (b)-(e) inclusive of Section 1776 of the California Labor Code. In the event of noncompliance with the foregoing requirements concerning payroll records which continues for more than ten (10) days after Landlord gives Tenant written notice specifying in what respects Tenant must comply, Tenant shall forfeit, as a penalty to Landlord, for each worker Twenty-Five Dollars ($25) for each calendar day, or portion thereof, until strict compliance is effectuated. Tenant shall be responsible for complying with Section 1777.5 of the California Labor Code concerning apprenticeable occupations, with respect to all work covered by that section. For purposes of the prevailing wage requirements of this subsection, Tenant shall be deemed to be a "contractor" as that term is used in Sections 1720 et seq., of the California Labor Code. Except where the context otherwise requires, the definitions of terms and phrases contained in the State prevailing wage law, Sections 1720 et seq., of the California Labor Code, and in the implementing administrative regulations, shall apply to the same terms and phrases which are used in the prevailing wage requirements of this subsection H.

13. LIENS

Tenant shall keep the Premises, Li ve Oak Community Center and Live Oak Park fre e
from any liens arising out of any work performed, materials furnished or obligations incurred by Tenant. In the event that Tenant shall not cause any such liens to be released of record, Landlord shall have, in addition to all other remedies provided herein or by law, the right (but not the obligation) to cause the same to be released by such means as Landlord shall deem proper, including payment of the claim giving rise to such lien. All sums paid and all expenses incurred by Landlord in connection therewith shall be reimbursed by Tenant promptly on demand. Landlord shall have the right to post and keep posted on the Premises any notices (including, without limitation, notices of non-responsibility pursuant to California Civil Code Section 3094) that Landlord may deem proper for protection of Landlord and the Premises.

Tenant shall give Landlord at least ten (10) business days' prior notice of the date of commencement of any Tenant's work on or in the Premises to allow Landlord to post such notices.

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19 Live Oak Theater Lease, 1301 Shattuck Ave. – YMTC, Tenant

14. TENANT AND LANDLORD MAINTENANCE OBLIGATIONS

A. Tenant agrees that during the entire term of this Lease, at its own cost and e
xpense, it shall keep and maintain the Premises, and all leasehold improvements, fixtures, furniture, and other improvements located on the Premises in good-quality order, repair and condition. Except as otherwise provided in this Lease, Tenant shall perform, at its own cost and expense, any and all maintenance, removal of graffiti, repairs, or rehabilitation to the Pr emises,
whether required by deterioration or by operations of Tenant or otherwise.

B. To the extent applicable, Tenant hereby waives the provisions of Civil Code Sections 1941 and 1942, and any other provision of law now or hereafter in effect, with regard to the habitability of the Property and the Premises.

C. "Good-quality order, repair and condition", as used herein, shall mean the maintenance, repair, or renovation of the Premises, equipment, furniture, fixtures, outdoor lighting, signage, and appurtenances necessary to keep and maintain the Premises in efficient and attractive condition, given the nature and age of the Premises, at any time during the term of this Lease.

D. Tenant shall provide its own janitorial service for the Premises, and all of Tenant's rubbish shall be removed by Tenant to such location(s) on the Premises or within Live Oak Park as may be designated by Landlord for pick-up and disposal.

E. In the event of a dispute that Landlord and Tenant cannot informally resolve, Tenant’s only remedy against Landlord shall be the right to terminate this Lease, effective thirty (30) days from the delivery of written notice to Landlord.

F. Nothing in this Secti on 11 shall be deemed to affect or impair Landlord's rights under Section 9 of this Lease. Tenant acknowledges that Landlord has no obligation and has made no promises to alter, remodel, improve, repair, decorate or paint the Premises or to improve the Premises, or any part thereof. Landlord has made no representations respecting the condition of the Premises, Live Oak Community Center or Live Oak Park, except as specifically set forth in this Lease.

15. EXTRAORDINARY COSTS

Tenant accepts the Premises in “as-is” condition. Tenant is responsible for all expenses associated with the operation, maintenance, and needed improvements to maintain the property in good condition. If unforeseen improvements with extraordinary costs are determined necessary by both the Landlord and Tenant, the parties agree to meet to discuss options for funding. Tenant acknowledges that the Landlord makes no representation that it will fund any improvements.

16. ENVIRONMENTAL

A. Tenant shall follow all environmental rules and regulations as they apply to City agencies. Specifically, Tenant shall minimize waste and recycle and compost, as per Recycling

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20 Live Oak Theater Lease, 1301 Shattuck Ave. – YMTC, Tenant

and Composting Guidelines for City Buildings. Tenant must participate in a recycling service provided by the City or provide an acceptable alternative with the approval of the City’s Recycling Supervisor. To that end, Tenant shall:

1. Assign someone to be in charge of its recycling programs, and to communicate needs and questions to the City’s Solid Waste Management Division.

2. Recycle corrugated cardboard, office papers and beverage containers (glass bottles, plastic bottles, and cans)

3. Place collection containers for paper at convenient locations.

4. Educate employees and program participants about recycling procedures.

5. Recycle batteries and office equipment (contact the City’s Solid Waste Management Division for information about vendors).

6. Tenant shall recycle construction waste from tenant improvements.

7. Tenant shall conserve energy.

17. DAMA

GE OR DESTRUCTION

A. In the event the Premises are damaged by fire, flood, earthquake, act of God, the e
lements, or other casualty, then (unless this Lease is terminated pursuant to this Sect ion 13)
Tenant shall forthwith repair the same, at its sole expense. In this event, Tenant shall be solely responsible for the loss, repair, and replacement of its equipment and leasehold improvements.

B. Anything in subsection A to the contrary notwithstanding, neither Tenant nor Landlord shall have any obligation to repair or rebuild the Premises following damage or destruction thereto if the damage or destruction is due to any cause or casualty other than one against which the responsible party is required to carry insurance or actually does carry insurance and such party reasonably estimates that the cost of repair or rebuilding exceeds ten percent (10%) of the replacement cost of the Premises, as the case may be. If the responsible party elects not to repair any damage or destruction pursuant to this provision, such party shall give the other party notice of such election within sixty (60) days after the date of such damage or destruction; and this Lease shall terminate as of the date of such damage or destruction.

C. Tenant hereby waives the provisions of California Civil Code Sections 1932 and 1933 and any other statutes now or hereafter in effect which relate to termination of a lease when leased Premises is damaged or destroyed and agrees that such event shall be governed by the terms of this Lease.

18. INDEMNIFICATION

A. To the fullest extent permitted by law, Tenant shall (1) immediately defend and (2) indemnify Landlord, and its directors, officers, and employees from and against all liabilities regardless of nature, type, or cause, arising out of or resulting from or in connection with the Lease. Liabilities subject to the duties to defend and indemnify include, without limitation, all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. The Tenant's obligation to indemnify applies regardless of whether a liability is a result of the negligence of any other person, unless it is adjudicated that the liability is caused by the sole active negligence or sole willful misconduct

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Berkeley City CouncilJuly 30, 2024

Berkeley City Council
July 30, 2024