Agenda packet, first session — Berkeley City Council, November 19, 2024 (part 1 of 6)

Tuesday, November 19, 2024 REVISED AGENDA Page 1

R E V I S E D AG E N D A
(REVISED TO REMOVE A TELECONFERENCE LOCATION)

BERKELEY CITY COUNCIL MEETING
Tuesday, November 19, 2024
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702

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

To access the meeting remotely use this UR L: https://cityofberkeley-info.zoomgov.com/j/1613688984. To request to speak, use the “raise hand” function in Zoom. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 161 368 8984 . To provide public comment, Press *9 and wait to be recognized by the Chair. To submit a written communication for the public record, email [email protected].

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953 . Any member of the public may attend this meeting, however, if you are feeling sick, please do not attend the meeting in person.

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.

Government Code Section 84308 (Levine Act) - Parties to a proceeding involving a license, permit, or other entitlement for use are required to disclose if they made contributions over $250 within the prior 12 months to any City employee or officer. Parties and participants with a financial interest are prohibited from making more than $250 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding.

The above contribution disclosures and restrictions do not apply when the proceeding is competitively bid, or involves a personnel or labor contract. For more information, see Government Code Section 84308.

Rev - 1
Tuesday, November 19, 2024 REVISED AGENDA Page 2
Preliminary Matters
Roll Call:

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

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

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

Public Comment on Non-Agenda Matters: Up to ten persons will be selected to address matters not on the Council agenda. If five or fewer persons are identified to provide non-agenda comment, each person selected will be allotted two minutes each. If more than five persons are selected to address matters not on the Council agenda, each person selected will be allotted one minute each.

In-person attendees wishing to address the Council on matters not on the Council agenda during the initial ten-minute period for such comment, must submit a speaker card to the City Clerk in person at the meeting location and prior to the moment that the Presiding Officer calls for public comment on non - agenda items. Remote attendees must raise their hand in the videoconference application when the Presiding Officer calls for non-agenda speakers. The first five raised hands on the videoconference application will be selected to speak and the first five cards drawn at the meeting will be selected to speak. The number of in-person and remote speakers selected may be adjusted by the Presiding Officer if fewer than five speakers from either format are identified.

The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda.

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

Rev - 2
Consent Calendar
Tuesday, November 19, 2024 REVISED AGENDA Page 3
The Council will first determine whether to move items on the agenda for “Action” or “Information” to the “Consent Calendar”, or move “Consent Calendar” items to “Action.” Three members of the City Council must agree to pull an item from the Consent Calendar or Information Calendar for it to move to Action.

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

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

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

Public Comment on Consent Calendar and Information Items Only: The Council will take public comment on any items that are either on the amended Consent Calendar or the Information Calendar. If ten or fewer persons are interested in speaking on an individual agenda item, each speaker may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue. A speaker may only speak once during the period for public comment on Consent Calendar and Information items.

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

Consent Calendar

1. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of October 1, 2024 (regular), October 15, 2024 (regular), October 21, 2024 (closed), October 29, 2024 (special and regular).

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

2. 2024 Annual Commission Attendance and Meeting Frequency Report From: City Manager
Recommendation: In accordance with Resolution No. 71,109-N.S., review and accept the 2024 Annual Commission Attendance and Meeting Frequency Report.

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

Rev - 3
Consent Calendar
Tuesday, November 19, 2024 REVISED AGENDA Page 4

3. Contract: Dorothy Day House to Operate Interim Housing at the Howard Johnson Motel
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and all necessary amendments with Dorothy Day House to operate an interim housing program at the Howard Johnson Motel (1619 University Ave.) in an amount not to exceed $5,313,826.28 for the period of November 12, 2024 to December 31, 2028.

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

4. Encampment Resolution Funding Round 3 Grant Award
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to receive a $5,395,637.04 Encampment Resolution Funding Round 3 grant award from the State of California, and to enter into contract and all necessary amendments with the State of California resulting from this funding.

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

5. Urgency Ordinance for Leasing the Real Property at 1512 University Avenue From: City Manager
Recommendation: Adopt an Urgency Ordinance to enter into a lease for the real property located at 1512 University Avenue, Berkeley for a term of 48 months.

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

6. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on November 19, 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

Rev - 4
Consent Calendar
Tuesday, November 19, 2024 REVISED AGENDA Page 5

7. Contract: Royal for Mental Health Ambulance Transport Services From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Royal Ambulance (Contractor) to provide the following mental health related transport services for the City from January 1, 2025 to December 31, 2027, in an amount up to $6,000,000, with an option to extend for three additional years in one-year increments, for a total contract amount not to exceed $12,000,000.

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

8. Contract No. 32300144 Amendment: Resource Development Associates for Specialized Care Unit (SCU) Evaluation
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or his designee to amend Contract No. 32300144 with Resource Development Associates (RDA) to add $40,000 for a not-to-exceed total contract amount of $290,000.

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

9. Request for Proposals for Housing Trust Fund Rehabilitation Projects From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to release a Request for Proposals (RFP) for approximately $6 million in Housing Trust Fund (HTF) program funds to support the rehabilitation of existing affordable rental housing developments in the City’s HTF portfolio, to certify Community Housing Development Organizations (CHDO), and to award CHDO operating support.

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

10. Revenue Contract: 2025 Community Services Block Grant From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or his designee to accept the 2025 Community Services Block Grant (CSBG) to provide services for low-income people for the period January 1, 2025 to April 30, 2026.

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

Rev - 5
Consent Calendar
Tuesday, November 19, 2024 REVISED AGENDA Page 6

11. Contract No. 112798-1 Amendment: Geographic Technologies Group for Geographic Information System (GIS) Strategic Workplan
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 112798-1 with Geographic Technologies Group (GTG) for Geographic Information System (GIS) professional services, for a total not to exceed $50,000 and for a total contract value of $549,411 from September 14, 2016 to June 30, 2026.

Financial Implications: See report
Contact: Kevin Fong, Information Technology, (510) 981-6500

12. Exclusive Negotiating Agreement with TSA Holdings, LLC, for the Property at 199 Seawall Drive
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or his designee to execute an Exclusive Negotiating Agreement (ENA) with TSA Holdings, LLC (TSA) to develop a lease agreement for the lease of City property at 199 Seawall Drive.

Financial Implications: None
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

13. Ashby BART Transit Oriented Development (TOD) Legal Agreements From: City Manager
Recommendation: Adopt first reading of an Ordinance that:

1. Authorizes the City Manager to execute contractual agreements with San Francisco Bay Area Rapid Transit District (BART) in order to effectuate transit- oriented development in accordance with the nonbinding term sheet adopted by Council on September 16, 2024 (Resolution No. 71,514-N.S.) and executed by the City and BART on September 21, 2024; and

2. Adopts the Addendum to the Ashby and North Berkeley BART Stations Transit Oriented Development (TOD) Zoning Project EIR and the Adeline Corridor Specific Plan EIR.

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

14. Contract: Nema Construction for FY 2023 Street Light Maintenance Project From: City Manager
Recommendation: Adopt a Resolution: 1. Approving plans and specifications for the Street Rehabilitation FY 2023 Project, Specification No. 24-11668-C; 2. Accepting the bid of the lowest, responsive and responsible bidder, Nema Construction;

3. Authorizing the City Manager to execute a contract and any amendments, extensions, or other change orders until completion of the project, in accordance with the approved plans and specifications, in an amount not to exceed $424,465.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300

Rev - 6
Consent Calendar
Tuesday, November 19, 2024 REVISED AGENDA Page 7

15. Contract: Sposeto Engineering, Inc. for Southwest Berkeley Bikeway and Bus Stop Improvements Project
From: City Manager
Recommendation: Adopt a Resolution, as a condition of receiving grant funding from the State of California Affordable Housing and Sustainable Communities (AHSC) program: 1. Approving plans and specifications for the Southwest Berkeley Bikeway and Bus Stop Improvements Project (“Project”), Specification Nos. 24- 11640-C & 24-11666-C; 2. Accepting the bid of Sposeto Engineering, Inc., the lowest responsive and responsible bidder; and 3. Authorizing the City Manager to execute a contract with Sposeto Engineering, Inc. and any amendments, extensions, and/or change orders until completion of the Project in accordance with the approved plans and specifications, in an amount not to exceed $2,390,000, which includes a 10 percent contingency for unforeseen circumstances.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300

16. Contract: Telegraph-Channing Parking Garage Restroom Renovation & Elevator Improvements Project
From: City Manager
Recommendation: Adopt a Resolution:1. Approving plans and specifications for Telegraph-Channing Parking Garage Restroom Renovation & Elevator Improvements Project (Project), Specification No. 22-11535-C; and 2. Accepting the bid of W.E. Lyons 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 the Project is completed in accordance with the approved plans and specifications for an amount not to exceed $2,413,689, which includes a contingency of $314,829.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300

17. Contract No. 10413C Amendment: LAZ Parking LLC for Managing City-Owned Off-Street Parking Facilities
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 10413C with LAZ Parking, LLC, a parking management company, to provide management services for the Telegraph Channing, Oxford, and Center Street garages, extending the term to December 31, 2026 and increasing the contract amount by $6,073,974 for a total not-to-exceed amount of $22,326,349.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300

Rev - 7
Consent Calendar
Tuesday, November 19, 2024 REVISED AGENDA Page 8

18. Contract No. 31900036 Amendment: On-Call Civil Engineering Services, Bellecci & Associates, Inc.

From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 31900036 with Bellecci & Associates, Inc. for on-call civil engineering services, increasing the contract amount by $750,000 for a total not-to- exceed the amount of $1,750,000 and extending the term of the contract to June 30, 2026.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300

19. Contract No. 31900162 Amendment: Pride Industries, Inc. Contract for Custodial Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 31900162 with Pride Industries, Inc. for citywide custodial services to: Approve additional appropriations related for performance of this contract and coverage of the Living Wage Ordinance in the amount of $1,100,000 for a total not-to-exceed amount of $6,225,735 which includes updated service rates for Year 6 of the agreement.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300

20. Contract No. 32000179 Amendment: Allied Universal Security Service for Citywide Unarmed Security Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32000179 with Allied Universal Security Service (formerly First Alarm Security & Patrol, Inc.) for citywide unarmed security services in the amount of $900,000 for a new total not to exceed $4,450,000 and extend the contract through February 28, 2026.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300

21. Contract No. 32300177 Amendment: Baker Tilly for On-Call Professional Development Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32300177 with Baker Tilly, increasing the contract by $100,000 for consulting services in a total amount not to exceed $125,000, with a contract end date of December 31, 2027.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300

Rev - 8
Consent Calendar
Tuesday, November 19, 2024 REVISED AGENDA Page 9

22. Appointment of Maria Sol and Ashley (Jiahao) Gu to the Mental Health Commission
From: Mental Health Commission
Recommendation: Adopt two Resolutions approving the recommendation for appointment of Maria Sol and Ashley (Jiahao) Gu to the Mental Health Commission both as representatives of the Special Interest Category, Consumer. Maria Sol’s 3- year term will begin on November 20, 2024 and end on November 19, 2027. Ashley Gu’s 3-year term will begin on November 20, 2024 and end on November 19, 2027.

Financial Implications: None
Contact: Jamie Works-Wright, Commission Secretary, (510) 981-5400

Council Consent Items

23. Exploring the Formation of Joint Powers Authority (JPA) or other entity to Publicly Finance the Development of a Hospital to Meet Regional Healthcare Needs
From: Mayor Arreguin (Author), Councilmember Hahn (Author) Recommendation: 1. Direct the City Manager and City Attorney to explore establishing legal and financial structures, such as a Joint Powers Authority (JPA) or Hospital District, with relevant East Bay jurisdictions, to facilitate public financing for a full service public acute and emergency care hospital serving Berkeley and the greater East Bay. 2. Authorize the City Manager and City Attorney to engage staff or consultants as needed, and submit further budget requests if additional resources are required.

Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100, Sophie Hahn, Councilmember, District 5, (510) 981-7150

24. Referral to City Manager: Equity for Black Berkeley (E4BB) Initiative From: Mayor Arreguin (Author)
Recommendation: Adopt a Resolution, recognizing the vision and goals of the Equity for Black Berkeley (E4BB, previously referred to as EBB), historicizing the work that has been completed to date, recognizing the current and past City staff and external stakeholders involved with E4BB, and maintaining E4BB as a priority of the City.

Refer to the City Manager the following actions to be taken:

1. Establish a representative for E4BB (the “E4BB Representative”) with the following responsibilities: a. Represent the City’s interests when relating to matters of the E4BB initiative; b. Liaise between City officials and external partners and parties associated with E4BB; c. Draft policies that advance the work aligned with vision and goals of E4BB in connection with the Mayor’s Office and other legislators within the City and across jurisdictions and agencies, as needed; d. Oversee and coordinate the implementation of work related to E4BB across the City and with external stakeholders, providing updates to the Mayor’s Office, as appropriate; and e. Pursue internal and external resources and funding opportunities to advance the work of E4BB in the near- (1-2 years) and long-term (3+ years).

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Council Consent Items
Tuesday, November 19, 2024 REVISED AGENDA Page 10

2. Determine the appropriate staffing and financial resources needed to monitor and communicate the implementation of the following existing and future projects and policies related to E4BB with the E4BB Representative: a. Implementation of Ashby BART TOD; b. Data collection and analysis of the impact of the Preference Policy; c.

Implementation of Housing Element, with particular attention in identifying priorities sites for expanding the efficacy of the Preference Policy and what unmet needs may be invested in through the establishment of a non-governmental organization outside of the City; d. Improvements to establish cultural vibrancy and accessibility in South Berkeley, creating recommendations for what potential EIFD funds can be used towards; e. Growth opportunities to expand the economic viability of small businesses and commerce in the South Berkeley area, including support to sustain and grow the success of the Berkeley Flea Market; f. Facilitating the intersection of the African American Holistic Resource Center (AAHRC) with relevant work in South Berkeley, particularly the new Ashby TOD residents and EFID related projects; g.

Management of financing, expenditures, and balance sheets received by the City related to E4BB including but not limited to grants, City investments from the General Fund, and an EIFD fund; h. Legal representation and support with negotiations, contracts, and MOUs with outside jurisdictions, external E4BB partners, and internal discussions of authority and governance; and i. Provide 1) supervision of an unpaid staff person offered by the Partnership for the Bay’s Future (PBF) grant program (should the City of Berkeley become selected as a government host site) and 2) communication on the progress and connection of projects relating to E4BB including but not limited to the Ashby BART TOD, Black Arts and Cultural District, Small Sites, EIFD, Black Health Equity Zone, Berkeley Flea Market and AAHRC.

3. With assistance from the E4BB representative, create a template MOU to be drafted and circulated with outside groups engaged in E4BB, including, but not limited to: a. Berkeley Flea Market; b. Healthy Black Families; c. San Francisco Foundation; and d. External Consultants (Ndidi Love, Randolph Belle aka Creative Development Partners, communications experts, etc).

4. Work with the E4BB Representative to pursue additional external and internal investments to help with creating a non-governmental organization to manage a community investment fund beyond 2026 and transition the work of E4BB to be managed within this entity.

Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action Calendar
The public may comment on each item listed on the agenda for action. For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again during the Action Calendar public comment period on the item.

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

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

The Presiding Officer may open and close an additional comment period for Action items on this agenda (excluding any public hearings, appeals, and/or quasi-judicial matters), at the start of the Action Calendar.

Those who speak on an item during this comment period may not speak a second time when the item is taken up by Council.

Action Calendar – New Business

25. Amendment: FY 2025 Annual Appropriations Ordinance
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending the FY 2025 Annual Appropriations Ordinance No. 7,926–N.S. for fiscal year 2025 based upon recommended re-appropriation of committed FY 2024 funding and other adjustments authorized since July 1, 2024.

Financial Implications: See report
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000

26. Amendments to BMC Chapter 22.16, Development Agreement Procedures From: City Manager
Recommendation: Adopt first reading of an Ordinance amending BMC Chapter

22.16, “Development Agreement Procedures.”
Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400

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

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

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

Communications to the City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service to the City Clerk Department at 2180 Milvia Street. If you do not want your contact information included in Rev - 11

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the public record, please do not include that information in your communication. Please contact the City Clerk Department for further information.

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at the City Clerk Department located on the first floor of City Hall located at 2180 Milvia Street, and through the City's online records portal:
https://records.cityofberkeley.info/.

Agendas, agenda reports, and revised/supplemental material may be accessed via the online agenda for this meeting at:
https://berkeleyca.gov/your-government/city-council/city-council-agendas and may be accessed at reference desks at the following locations:

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

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

COMMUNICATION ACCESS INFORMATION:

This meeting is being held in a wheelchair accessible location.

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

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

Captioning services are provided at the meeting, on B -TV, and on the Internet. In addition, assisted listening devices for the hearing impaired are available from the City Clerk prior to the meeting, and are to be returned before the end of the meeting.

Questions regarding public participation may be addressed to the City Clerk Department (510) 981 -6900 or by email at [email protected].

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on November 15, 2024.

Mark Numainville, City Clerk

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Communications
Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.

Item #4: Encampment Resolution Funding Round 3 Grant Award

1. Yesica Prado and Gordon Gilmore on behalf of the Berkeley Homeless Union Cordornices Creek

2. Friends of Five Creeks

3. Peter Radu

Road Paving on Virginia St.

4. Tiana Robinson

Fair Contract

5. Gwen Weinreich

6. Sabina McMurtry

7. Larry Snyder

8. Kevin Sun

Safety Concerns

9. Leah Shelleda

Encampment Requests

10. Robb M. Walker

Middle East Conflict

11. Matt O’Brien

Traffic Study

12. Tim Hassler

Street Sweeping/Construction Conflict

13. Jesse Sheehan

14. UC Berkeley Capital Strategies

15. Scott Salas

Waterfront Concern

16. Louise Rafkin

Housing Concern

17. Ann Marie Davis (2)

Merchant Parking Costs

18. Evan McDonald
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Parking Study

19. Gordon Stout

Upzoning

20. Vincent Casalaina

21. Vicki Sommer

22. Janice Schroeder

23. Carol Hirth

24. Mary Ann Gallagher

25. Chris Gilbert

26. Christopher Riess

27. Bernard Marszalek

28. John Rice

29. 44 Similarly worded form letters

URL’s

30. Russbumper (2)

31. Josh Atwood

32. Keith Bayne (2)

Forwards of Current Events

33. Eid (3)

34. Russbumper

35. David L. Axelrod
Supplemental Communications and Reports
Items received by the deadlines for submission will be compiled and distributed as follows. If no items are received by the deadline, no supplemental packet will be compiled for said deadline.

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

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

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

Rev - 14
Tuesday, November 19, 2024 AGENDA Page 1

AG E N D A

BERKELEY CITY COUNCIL MEETING
Tuesday, November 19, 2024
6:00 PM

SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702

TELECONFERENCE LOCATION - 1301 VENTURA CANYON AVE, GLENDALE, CA 91201

JESSE ARREGUIN, MAYOR
Councilmembers:

This meeting will be conducted in a hybrid model with both in -person attendance and virtual participation . Live captioned broadcasts of Council meetings are available on B -TV (Channel 33) and via internet video stream at http://berkeley.granicus.com/MediaPlayer.php?publish_id=1244. All Council meetings are recorded.

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 th e 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 remova l. 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.

Government Code Section 84308 (Levine Act) - Parties to a proceeding involving a license, permit, or other entitlement for use are required to disclose if they made contributions over $250 within the prior 12 months to any City employee or officer. Parties and partic ipants with a financial interest are prohibited from making more than $250 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding.

The above contribution disclosures and restrictions do not apply when t he proceeding is competitively bid, or involves a personnel or labor contract. For more information, see Government Code Section 84308.

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Tuesday, November 19, 2024 AGENDA Page 2
Preliminary Matters
Roll Call:

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

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

In-person attendees wishing to address the Council on matters not on the Council agenda during the initial ten-minute period for such comment, must submit a speaker card to the City Clerk in pe rson at the meeting location and prior to the moment that the Presiding Officer calls for public comment on non - agenda items. Remote attendees must raise their hand in the videoconference application when the Presiding Officer calls for non-agenda speakers. The first five raised hands on the videoconference application will be selected to speak and the first five cards drawn at the meeting will be selected to speak. The number of in-person and remote speakers selected may be adjusted by the Presiding Office r if fewer than five speakers from either format are identified.

The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda.

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Consent Calendar
Tuesday, November 19, 2024 AGENDA Page 3
The Council will first determine whether to move items on the agenda for “Action” or “Information” to the “Consent Calendar”, or move “Consent Calendar” items to “Action.” Three members of the City Council must agree to pull an item from the Consent Calendar or Information Calendar for it to move to Action.

Consent Calendar

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

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Consent Calendar
Tuesday, November 19, 2024 AGENDA Page 4

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

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

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Consent Calendar
Tuesday, November 19, 2024 AGENDA Page 5

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

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

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Consent Calendar
Tuesday, November 19, 2024 AGENDA Page 6

Financial Implications: See report
Contact: Kevin Fong, Information Technology, (510) 981-6500

Financial Implications: None
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

13. Ashby BART Transit Oriented Development (TOD) Legal Agreements From: City Manager
Recommendation: Adopt first reading of an Ordinance that:

2. Adopts the Addendum to the Ashby and North Berkeley BART Stations Transit Oriented Development (TOD) Zoning Project EIR and the Adeline Corridor Specific Plan EIR.

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

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300

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Consent Calendar
Tuesday, November 19, 2024 AGENDA Page 7

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300

Page 7 ends

Consent Calendar
Tuesday, November 19, 2024 AGENDA Page 8

18. Contract No. 31900036 Amendment: On-Call Civil Engineering Services, Bellecci & Associates, Inc.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300

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Consent Calendar
Tuesday, November 19, 2024 AGENDA Page 9

Financial Implications: None
Contact: Jamie Works-Wright, Commission Secretary, (510) 981-5400

Council Consent Items

Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100, Sophie Hahn, Councilmember, District 5, (510) 981-7150

Refer to the City Manager the following actions to be taken:

Page 9 ends

Council Consent Items
Tuesday, November 19, 2024 AGENDA Page 10

The Presiding Officer will request that persons wishing to speak line up at the podium, or use the "raise hand" function in Zoom, to determine the number of persons interested in speaking at that time. If ten or fewer persons are interested in speaking on an individual agenda item, each speaker may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may,

Page 10 ends

Action Calendar
Tuesday, November 19, 2024 AGENDA Page 11
with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue.

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

Those who speak on an item during this comment period may not speak a second time when the item is taken up by Council.

Action Calendar – New Business

Financial Implications: See report
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000

26. Amendments to BMC Chapter 22.16, Development Agreement Procedures From: City Manager
Recommendation: Adopt first reading of an Ordinance amending BMC Chapter

22.16, “Development Agreement Procedures.”
Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400

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

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

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

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Tuesday, November 19, 2024 AGENDA Page 12
the public record, please do not include that information in your communication. Please contact the City Clerk Department for further information.

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

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

COMMUNICATION ACCESS INFORMATION:

This meeting is being held in a wheelchair accessible location.

Questions regarding public participation may be addressed to the City Clerk Department (510) 981 -6900 or by email at [email protected].

Mark Numainville, City Clerk

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Tuesday, November 19, 2024 AGENDA Page 13
Communications
Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.

Item #4: Encampment Resolution Funding Round 3 Grant Award

1. Yesica Prado and Gordon Gilmore on behalf of the Berkeley Homeless Union Cordornices Creek

2. Friends of Five Creeks

3. Peter Radu

Road Paving on Virginia St.

4. Tiana Robinson

Fair Contract

5. Gwen Weinreich

6. Sabina McMurtry

7. Larry Snyder

8. Kevin Sun

Safety Concerns

9. Leah Shelleda

Encampment Requests

10. Robb M. Walker

Middle East Conflict

11. Matt O’Brien

Traffic Study

12. Tim Hassler

Street Sweeping/Construction Conflict

13. Jesse Sheehan

14. UC Berkeley Capital Strategies

15. Scott Salas

Waterfront Concern

16. Louise Rafkin

Housing Concern

17. Ann Marie Davis (2)

Merchant Parking Costs

18. Evan McDonald

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Tuesday, November 19, 2024 AGENDA Page 14
Parking Study

19. Gordon Stout

Upzoning

20. Vincent Casalaina

21. Vicki Sommer

22. Janice Schroeder

23. Carol Hirth

24. Mary Ann Gallagher

25. Chris Gilbert

26. Christopher Riess

27. Bernard Marszalek

28. John Rice

29. 44 Similarly worded form letters

URL’s

30. Russbumper (2)

31. Josh Atwood

32. Keith Bayne (2)

Forwards of Current Events

33. Eid (3)

34. Russbumper

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

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

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

Page 14 ends

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
November 19, 2024
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Mark Numainville, City Clerk
Subject: Minutes for Approval

RECOMMENDATION
Approve the minutes for the Council meetings of October 1, 2024 (regular), October 15, 2024 (regular), October 21, 2024 (closed), October 29, 2024 (special and regular).

CONTACT PERSON
Mark Numainville, City Clerk, (510) 981-6900
Attachments:

1. October 1, 2024 – Regular City Council Meeting

2. October 15, 2024 – Regular City Council Meeting

3. October 21, 2024 – Special Closed City Council Meeting

4. October 29, 2024 – Regular City Council Meeting

5. October 29, 2024 – Special City Council Meeting

Page 1 of 46 ends

Page 15 ends

Tuesday, October 1, 2024 MINUTES Page 1

MINUTES

BERKELEY CITY COUNCIL MEETING
Tuesday, October 1, 2024
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY, CA 94708

JESSE ARREGUIN, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – 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. Live captioned broadcasts of Council meetings are available on B-TV (Channel 33) and via internet video stream at http://berkeley.granicus.com/MediaPlayer.php?publish_id=1244. All Council meetings are recorded.

To access the meeting remotely use this URL: https://cityofberkeley-info.zoomgov.com/j/1611781735. To request to speak, use the “raise hand” function in Zoom. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 161 178 1735 . To provide public comment, Press *9 and wait to be recognized by the Chair. To submit a written communication for the public record, email [email protected].

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953. Any member of the public may attend this meeting, however, if you are feeling sick, please do not attend the meeting in person.

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

Attachment 1

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Tuesday, October 1, 2024 MINUTES Page 2
Preliminary Matters
Roll Call: 6:09 p.m.

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

Absent: Bartlett
Councilmember Bartlett present at 6:13 p.m.

Report from Closed Session
City Council met in closed session on September 30, 2024, pursuant to Government Code Section 54956.9(d)(2) to:
1) Provide direction to outside counsel and approve a stipulated settlement of permanent disability with an Award of lifetime future medical care, or in the alternative, by Compromise and Release with a release of future medical care, as to a workers’ compensation matter WCAB Case Numbers: ADJ19391581 and ADJ15774154.
2) Provide direction to outside counsel and approve a stipulated settlement of permanent disability with an Award of lifetime future medical care, as to a workers’ compensation matter WCAB Case Numbers: ADJ11251943, ADJ14359848 and ADJ19087904.
3) Provide direction to outside counsel and approve a stipulated settlement of permanent disability with an Award of lifetime future medical care, or in the alternative, by Compromise and Release with a release of future medical care, as to a workers’ compensation matter WCAB Case Numbers: ADJ15258918 and ADJ15259424.

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

Ceremonial Matters

1. Recognition of the Indigenous People’s Day Pow-Wow and Indian Market, October 12, 2024 City Manager Comments: None
Public Comment by Employee Unions: 1 speaker.

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Tuesday, October 1, 2024 MINUTES Page 3
Public Comment on Non-Agenda Matters: 11 speakers.

Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 16 speakers.

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

Vote: All Ayes.

1. Unrepresented Employee Manual Amendments for Measure KK Compliance From: City Attorney
Recommendation: Adopt a Resolution authorizing the amendment of the Unrepresented Employee Manual to conform to Section 113 of the City Charter (Measure KK).

Financial Implications: None
Contact: Farimah Brown, City Attorney, (510) 981-6950
Action: Adopted Resolution No. 71,519–N.S.

2. Grant Application: Regional Measure 3: 2025 Safe Routes to Transit and Bay Trail Program for the Bay Trail Extension
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to submit a grant application to the Metropolitan Transportation Commission (MTC) Regional Measure 3: 2025 Safe Routes to Transit and Bay Trail Program (SR2TBT) for the fourth phase of the Berkeley Bay Trail Extension Project for up to $4 Million; accept the grants if awarded, and execute any resulting agreements and amendments.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,520–N.S.

3. Grant Contract: Housing and Urban Development (HUD) for the African American Holistic Resources Center Project
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or their designee to accept the U.S. Department of Housing and Urban Development (HUD) grant for the African American Holistic Resources Center Project in the amount of $1,000,000, execute any resulting grant agreements and any amendments; and that Council authorize the implementation of the pre-construction work and appropriation of funding for related expenses, subject to securing the grants.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,521–N.S.

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Page 18 ends

Consent Calendar
Tuesday, October 1, 2024 MINUTES Page 4

4. Amending the Berkeley Hazardous Materials and Waste Management Code From: City Manager
Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Chapter 15.12, Berkeley Hazardous Materials and Waste Management.

Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Adopt first reading of Ordinance No. 7,936–N.S. Second reading scheduled for October 15, 2024

5. Grant Applications: Regional Measure 3: Safe Routes to Transit and Bay Trail Program
From: City Manager
Recommendation: Adopt two Resolutions authorizing the City Manager to submit grant applications to the Metropolitan Transportation Commission (MTC) Regional Measure 3: 2025 Safe Routes to Transit and Bay Trail Program (SR2TBT) 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.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,522–N.S. (Bike Boulevards) and Resolution No. 71,523–N.S. (Quick-Build).

Council Consent Items

6. Budget Referral and Technical Support for La Peña Cultural Center From: Councilmember Hahn (Author), Councilmember Humbert (Author), Councilmember Bartlett (Author)
Recommendation:

1. Direct the City Manager to work with La Peña Cultural Center to offer support during a post-pandemic time of temporary financial crisis, with all technical and financial assistance and any and all other resources at the City’s disposal. Further request the City Manager connect La Peña Cultural Center with any potential outside resources and funding.

2. Refer to the November Budget Process a one-time emergency grant of $150,000 to La Peña Cultural Center, pending an evaluation of the organization’s current financial situation and plans for long term recovery by the City’s Economic Development and Civic Arts team.

Financial Implications: See report
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150 Action: Approved recommendation as revised in Supplemental Communications Packet #1 to add Councilmember Lunaparra as a co-sponsor.

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Tuesday, October 1, 2024 MINUTES Page 5
Action Calendar – New Business

7. Resolution Name a City of Berkeley Major Street in Honor of Daniel Ellsberg From: Peace and Justice Commission
Recommendation: Adopt a Resolution that the City of Berkeley Council name a Berkeley major street in honor Daniel Ellsberg to serve as an ongoing reminder of Berkeley’s commitment to peace.

Financial Implications: None
Contact: Okeya Vance-Dozier, Commission Secretary, (510) 981-7100 Action: Moved to the Consent Calendar to refer the item to the Transportation and Infrastructure Commission for evaluation under the City’s naming policy for public facilities.

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

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

Vote: All Ayes.

Adjourned at 7:31 p.m.

I hereby certify that the foregoing is a true and correct record of the regular meeting held on October 1, 2024.
________________________
Mark Numainville, City Clerk
Communications
Item #6: Budget Referral and Technical Support for La Peña Cultural Center

1. Six similarly-worded form letters
URL’s

2. Russbumper (2)
UA Theater

3. 29 Similarly-worded form letters
Burrowing Owls

4. Mary Price

5. Crystal Brunzell

6. Basho

7. Anita Pereira

8. Martin Nicolaus

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Page 20 ends

Tuesday, October 1, 2024 MINUTES Page 6

9. Pamela Michaud

10.Mari Metcalf
Encampment Policy Concerns

11. Pacia Sallomi

12. Suzanne P. McKee

13. Susan Kaplan

14. Julia Frantz

15. Heather Mulhall

16. William

17. Becca Freed

18. Peter Ross

19. Meryl & Aimee

20. Fran Haselsteiner

21. Eric Friedman
Courtesy Notice

22. Ilan Wurman
Cal-Sailing & J-Dock

23. Gordon Stout

24. Ben Lee

25. Camille Antinori

26. Edward Schlesinger

27. Ernest Galvan

28. Kevin Williams

29. 27 Similarly-worded form letters
Rehabilitative Services

30. Lucia Hammond
Check Cashing

31. Alexander Merenkov
Chess Club Construction Concern

32. Jesse Sheehan
Middle Housing

33. Jim McGrath
Council Meeting Concerns

34. 16 Similarly worded-form letters
Keepers of the Creek

35. Mark Merritt

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Tuesday, October 1, 2024 MINUTES Page 7
Public Comment Concern

36. Russbumper
Panoramic Hill

37. Janice Thomas
Zoning Conerns

38. John J. Parman
TOPA

39. Julie Holland
Police Accountability Board Texting Item

40. Kandea Mosley Gandhi on behalf of the League of Women Voters of Berkeley, Albany, Emeryville
Ashby Park

41. Carol Nyhoff
Towing Concern

42. Andrea Henson
Ballot Measure Ratings

43. Mike Henn
Political Climate

44. Mercedes Deboir
Disposition of PRA Complaint

45. Stephen A. Hylas, Acting Secretary, on behalf of the Open Government Commission
Graffiti

46. Dahlia Frydman

47. Dorothea Dorenz
Loud Honking

48. Elsa Tranter
Apartment Review Concern

49. Ann Marie Davis
New Store Inquiry

50. Josh Atwood
Newsletter

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Tuesday, October 1, 2024 MINUTES Page 8

51. Russbumper
Supplemental Communications and Reports 1
Item # 6: Budget Referral and Technical Support for La Peña Cultural Center

52.Supplemental agenda material submitted by Councilmember Sophie Hahn

53.Krishen Laetsch

54.Lorraine Lerman

55.Paloma Salazar

56.Daisy Muralles

57.Maura McDonagh

58.Leslie Correll

59.Julie Twichell

60.Judy Helfand

61.Nine similarly-worded form letters
Supplemental Communications and Reports 2
Item #6: Budget Referral and Technical Support for La Peña Cultural Center

62.Terry McClain

63.Lezak Shallat

64.Angelica Casas Murillo

65.Ben White

66.Eric Leeson

67.Natalie Miramontes

68.Andrea Valverde

69.Jenny Miner
Supplemental Communications and Reports 3
Item #6: Budget Referral and Technical Support for La Peña Cultural Center

52.Stephanie Hooper
Miscellaneous Communications

53.Eid (3)

54.Unknown

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Tuesday, October 15, 2024 MINUTES Page 1

MINUTES

BERKELEY CITY COUNCIL MEETING
Tuesday, October 15, 2024
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY, CA 94708

JESSE ARREGUIN, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – 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. Live captioned broadcasts of Council meetings are available on B-TV (Channel 33) and via internet video stream at http://berkeley.granicus.com/MediaPlayer.php?publish_id=1244. All Council meetings are recorded.

To access the meeting remotely use this URL: https://cityofberkeley-info.zoomgov.com/j/1613604094 To request to speak, use the “raise hand” function in Zoom. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 161 360 4094 To provide public comment, Press *9 and wait to be recognized by the Chair. To submit a written communication for the public record, email [email protected].

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953. Any member of the public may attend this meeting, however, if you are feeling sick, please do not attend the meeting in person.

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

Attachment 2

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Tuesday, October 15, 2024 MINUTES Page 2
Preliminary Matters
Roll Call: 6:11 p.m.

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

Absent: Kesarwani
Councilmember Taplin requested to participate remotely under the Brown Act.

Action: M/S/C (Arreguin/Tregub) to allow Councilmember Taplin to participate in the meeting under the emergency circumstances provisions of the Brown Act.

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

Councilmember Kesarwani present at 6:16 p.m.

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

Ceremonial Matters

1. Recognition of Gordon Wozniak for his many years of service to the Berkeley community

2. Recognition of National Breastfeeding Month – October 2024

3. Meeting Adjourned in Memory of Arthur Bloom, Community Activist City Manager Comments:

The City Manager removed Item 24 Amendments to the of Berkeley Green Code from the agenda to allow more time for analysis and development.

Public Comment on Non-Agenda Matters: 9 speakers.

Action: M/S/C (Arreguin/Tregub) to accept an urgency item from Councilmember Tregub pursuant to Government Code Section 54954.2(b)(2) entitled Resolution in Support of Proposition 6 to Amend Article 1, Section 6 of the California Constitution.

Vote: All Ayes.

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Tuesday, October 15, 2024 MINUTES Page 3
Urgent Item: Resolution in Support of Proposition 6 to Amend Article 1, Section 6 of the California Constitution
From: Councilmember Tregub (Author), Councilmember Lunaparra (Author), Mayor Arreguin (Co-Sponsor)
Recommendation: Adopt a resolution in support of Proposition 6, which will appear on the California general election ballot on November 5th, 2024, and distribute copies to the Governor of California, the Speaker of the California Assembly, the President pro Tempore of the California State Senate, and other appropriate state and local officials to advocate for its passage.

Financial Implications: See report
Contact: Igor Tregub, Councilmember, District 4, (510) 981-7140 Action: Adopted Resolution No. 71,524–N.S.

Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 32 speakers.

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

Vote: All Ayes.

1. Amending the Berkeley Hazardous Materials and Waste Management Code From: City Manager
Recommendation: Adopt second reading of an Ordinance No. 7,936-N.S. amending Berkeley Municipal Code (BMC) Chapter 15.12, Berkeley Hazardous Materials and Waste Management.

First Reading Vote: All Ayes.

Financial Implications: See report.

Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Adopted second reading of Ordinance No. 7,936–N.S.

2. Contract #102814-1 Amendment: Konica Minolta Business Services, Inc. for Electronic Content Management System and Agenda Management and Workflow System
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract #102814-1 with Konica Minolta Business Solutions, Inc. for software maintenance and related services for OnBase, an Electronic Content Management System (ECMS) and agenda management and workflow system, to increase the not-to-exceed amount by $381,949 for a total not to exceed amount of $922,953 for regular annual maintenance costs and version updates, and authorize annual renewals through September 18, 2029.

Financial Implications: General Fund - $381,949
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Adopted Resolution No. 71,525–N.S.

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Consent Calendar
Tuesday, October 15, 2024 MINUTES Page 4

3. *Item Removed from Agenda by City Manager* Cooperative Agreement with East Bay Regional Parks District
From: City Manager
Contact: Peter Radu, City Manager's Office, (510) 981-7000

4. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on October 15, 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.

5. Contract: Mission Critical Partners for Emergency Communications Consulting Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a piggyback contract and any amendments with Mission Critical Partners, LLC, using the California Multiple Award Schedules (CMAS) contract No. 3-13-70-3020A in an amount not to exceed $300,000 for the enhancement of mission-critical communications systems from November 1, 2024, through May 30, 2026, with two (2), two (2) year options to extend.

Financial Implications: See report.

Contact: David Sprague, Fire, (510) 981-3473
Action: Adopted Resolution No. 71,526–N.S.

6. PATH CITED Round 3 Revenue Grant Agreement
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or his designee to accept a grant award, and execute any agreements, in the amount of $96,901.88 for Fiscal Year 2025, from the PATH CITED initiative to support the development of the City of Berkeley’s Health, Housing, and Community Services Department’s Enhanced Care Management Program. This grant agreement requires matching funding from the City in the amount of $96,901.88.

Financial Implications: See report.

Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,527–N.S.

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Consent Calendar
Tuesday, October 15, 2024 MINUTES Page 5

7. Contract No. 32200162-1 Amendment: Thirdwave Corporation for Professional Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or his designee to amend Contract No. 32200162 with ThirdWave Corporation to increase the not to exceed (NTE) amount by $36,020, utilizing one-time funds. The amendment will increase the NTE amount from $275,000 to $311,020 through June 30, 2025.

Financial Implications: See report.

Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,528–N.S.

8. Revise Salary Range – Aquatics Specialist II
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to revise the salary range of the unrepresented Aquatics Specialist II classification in order to remedy salary compaction with Aquatics Specialist I.

Financial Implications: See Report.

Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 71,529–N.S.

9. Purchase Order: Coast Counties Truck & Equipment Co. for Zero Waste Vehicle Parts
From: City Manager
Recommendation: Adopt a Resolution satisfying bid requirements of the City allowing the City to participate in Sourcewell (formerly NJPA) contract bid procedures, authorizing the City Manager to execute a purchase order with Coast Counties Truck & Equipment Co. for the purchase of Zero Waste long-haul vehicle parts for the period October 1, 2024 to December 31, 2027 for an amount not to exceed $600,000.

Financial Implications: See report.

Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,530–N.S.

10. Purchase Order: Pape Kenworth for Zero Waste Tractor Trailer Parts From: City Manager
Recommendation: Adopt a Resolution satisfying bid requirements of the City, allowing the City to participate in Sourcewell (formerly NJPA) contract bid procedures, authorizing the City Manager to execute a purchase order with Pape Kenworth for the purchase of Zero Waste tractor trailer parts for the period October 1, 2024 to December 31, 2027 for an amount not to exceed $300,000.

Financial Implications: See report.

Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,531–N.S.

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Consent Calendar
Tuesday, October 15, 2024 MINUTES Page 6

11. Purchase Order: Western Truck Center for Zero Waste Vehicle Parts and Repairs
From: City Manager
Recommendation: Adopt a Resolution satisfying bid requirements of the City allowing the City to participate in Sourcewell (formerly NJPA) contract bid procedures, authorizing the City Manager to execute a purchase order with Western Truck Center for the purchase and repairs of Zero Waste vehicle parts and repairs for the period October 1, 2024 to December 31, 2027 for an amount not to exceed $400,000.

Financial Implications: See report.

Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,532–N.S.

12. Contract: Shaw Industries, Inc. for Civic Center Building Carpet Replacement Project
From: City Manager
Recommendation: Adopt a Resolution:

1. Approving the CMAS Contract with Shaw Industries, Inc. for Carpet Replacements at the Civic Center Building; 2. Authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in accordance with the terms and conditions of the agreements with Shaw Industries, Inc. in an amount not to exceed $107,460, which includes a contingency of $10,367.

Financial Implications: See report.

Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,533–N.S.

13. Contract No. 32000067 Amendment: GHD, Inc. for Preparation of a Sanitary Sewer Master Plan
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32000067 with GHD, Inc. for further development of a Sanitary Sewer Master Plan, also known as a Sanitary Sewer System Plan (SSP), and Related Engineering Services in an amount not to exceed $350,000 for a total not to exceed $1,290,000.

Financial Implications: See report.

Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,534–N.S.

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Consent Calendar
Tuesday, October 15, 2024 MINUTES Page 7

14. Purchase Order: Arata Equipment Company for Zero Waste Vehicle Parts and Repairs
From: City Manager
Recommendation: Adopt a Resolution satisfying bid requirements of the City of Berkeley allowing the City to participate in Sourcewell (formerly NJPA) contract bid procedures, authorizing the City Manager to execute a purchase order with Arata Equipment Company for the purchase and repairs of Zero Waste vehicle parts for the period October 1, 2024 to December 31, 2027 for an amount not to exceed $500,000.

Financial Implications: See report.

Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,535–N.S.

15. Purchase Order: McNeilus Truck and Manufacturing for Zero Waste Vehicle Parts
From: City Manager
Recommendation: Adopt a Resolution satisfying bid requirements of the City allowing the City to participate in Sourcewell (formerly NJPA) contract bid procedures, authorizing the City Manager to execute a purchase order with McNeilus Truck and Manufacturing, for the purchase of Zero Waste vehicle parts and services for the period October 1, 2024 to December 31, 2027 for an amount not to exceed $350,000.

Financial Implications: See report.

Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,536–N.S.

16. Grant Applications: Alameda County Transportation Commission Comprehensive Investment Plan 2026
From: City Manager
Recommendation: Adopt two Resolutions authorizing the City Manager or their designee to: Submit grant applications to the Alameda County Transportation Commission for up to $4 million in Comprehensive Investment Plan (CIP) funding for the Adeline Street Transportation Improvement Project ($2 million), and Telegraph Complete Streets Corridor Project ($2 million), respectively; accept the grants awarded; and execute any resultant agreements and amendments.

Financial Implications: See report.

Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,537–N.S. (Adeline) and Resolution No. 71,538– N.S. (Telegraph).

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Consent Calendar
Tuesday, October 15, 2024 MINUTES Page 8

17. Purchase Order: Golden State Emergency Vehicle for Fire Vehicle Parts and Repairs
From: City Manager
Recommendation: Adopt a Resolution satisfying bid requirements of the City allowing the City to participate in Sourcewell (formerly NJPA) contract bid procedures, authorizing the City Manager to execute a purchase order with Golden State Emergency Vehicle for the purchase and repairs of fire vehicle parts for the period October 1, 2024 to December 31, 2027 for an amount not to exceed $1,300,000.

Financial Implications: See report.

Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,539–N.S.

18. Purchase Order: Nicholas K Corp dba the Ford Store San Leandro for two (2) 2024 Ford T350 E Transit Vans
From: City Manager
Recommendation: Adopt a Resolution satisfying the requirements of City Charter allowing the City Manager to participate in Alameda County GSA Master Contract No. 901979 and authorize the City Manager to execute a purchase order for two (2) 2024 Ford T350 E Transit Vans with Nicholas K Corp dba the Ford Store San Leandro in an amount not to exceed $165,500.00.

Financial Implications: See report.

Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,540–N.S.

19. Purchase Order: Pape Machinery, Inc. for Heavy Equipment Parts and Repairs From: City Manager
Recommendation: Adopt a Resolution satisfying bid requirements of the City of Berkeley allowing the City to participate in Sourcewell (formerly NJPA) contract bid procedures, authorizing the City Manager to execute a purchase order with Pape Machinery, Inc. for the purchase and repairs of heavy equipment parts for the period October 1, 2024 to December 31, 2027 for an amount not to exceed $1,000,000.

Financial Implications: See report.

Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,541–N.S.

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Consent Calendar
Tuesday, October 15, 2024 MINUTES Page 9

20. Councilmember Taplin’s Referral regarding Cal Sailing Club’s six historic J- Dock berths
From: Parks and Waterfront Commission
Recommendation: Recommend that Council adopt a resolution designating Cal Sailing Club’s six historic J-Dock berths for safety training for boating activities, community service, and recreational education uses, and directing the City Manager to retain the six slips for Cal Sailing Club (CSC) to use for nonprofit sailing instruction programs and to be reviewed every four years.

Financial Implications: See report.

Contact: Roger Miller, Commission Secretary, (510) 981-6700 Action: Adopted Resolution No. 71,542–N.S. as revised material in Supplemental Communications Packet #1 from Councilmember Taplin, and further amended for the second resolved clause to read:

BE IT FURTHER RESOLVED, that the City of Berkeley will retain the six slips (J360, J362, J364, J366, J368, J398) for Cal Sailing Club (CSC) to use for nonprofit sailing instruction programs, so long as CSC complies with the city policy titled: The Use of Berths at the Berkeley Marina by Nonprofit Organizations Providing Community Services, as described in Resolution No. 66,544-N.S, and subsequent revisions.

Council Consent Items

21. Amending BMC Section 9.04.165 -Tax Exemption for Research & Development Grants
From: Mayor Arreguin (Author)
Recommendation: Adopt a first reading of an Ordinance amending Berkeley Municipal Code Section 9.04.165 to exempt the taxation of business gross receipts relating to government and philanthropic research and development grants in the public interest.

Financial Implications: See report.

Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Item 21 scheduled for November 12, 2024 on the Action Calendar.

22. Naming the Harrison Street Skate Park in Honor of Terrance McCrary From: Councilmember Kesarwani (Author)
Recommendation: Referral to the Parks, Recreation and Waterfront Commission to officially name the Harrison Street Skate Park in honor of Terrance McCrary, Jr., former skateboard counselor in training with our Recreation Division’s Skate Camp and Berkeley resident killed by gun violence.

Financial Implications: See report.

Contact: Rashi Kesarwani, Councilmember, (510) 981-7110 Action: Councilmembers Bartlett and Hahn added as co-sponsors. Approved recommendation.

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Council Consent Items
Tuesday, October 15, 2024 MINUTES Page 10

23. Russell Street Halloween Festivities: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Councilmember Humbert (Author), Councilmember Hahn (Co-Sponsor) Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $1,000 per Councilmember including $1,000 from Councilmember Humbert to the Claremont Elmwood Neighborhood Association for Russell Street Halloween festivities with funds relinquished to the City’s General Fund for this purpose from the discretionary Council Office Budgets of Councilmember Humbert and any other Councilmembers who would like to contribute.

Financial Implications: Councilmember’s Discretionary Funds - $1,000 Contact: Mark Humbert, Councilmember, District 8, (510) 981-7180 Action: Adopted Resolution No. 71,543–N.S. revised to include contributions from the following Councilmembers up to the amount listed: Vice-Mayor Wengraf - $150; Councilmember Bartlett - $150; Councilmember Lunaparra - $250; Councilmember Hahn - $250; Councilmember Kesarwani - $100; Councilmember Taplin - $250.

Action Calendar – New Business

24. Amendments to the of Berkeley Green Code to require all newly constructed buildings to be Zero NOx Emission Buildings
From: City Manager
Recommendation:

1. Adopt first reading of an Ordinance amending the Berkeley Green Code, BMC Chapter 19.37, to require all newly constructed buildings to be Zero NOx Emission Buildings with two exceptions: 1) for industrial or manufacturing processes; and 2) for cooking equipment serving nonresidential occupancies in buildings; and

2. Adopt a Resolution setting forth findings of local conditions that justify more stringent regulations than those provided by the 2022 California Green Building Standards Code with Mid-Cycle Supplements.

Financial Implications: See report.

Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Item removed from the agenda by the City Manager.

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Council Action Calendar
Tuesday, October 15, 2024 MINUTES Page 11

25. Resolution: Opposition to Police Brutality and Use of Force on Nonviolent Protesters (Reviewed by Public Safety Committee)
From: Councilmember Harrison (Author)
Recommendation:

Adopt a Resolution reaffirming the City of Berkeley’s opposition to and condemning police brutality towards nonviolent protesters and discouraging use of “less-lethal” weapons for crowd control.

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: Referred to the Public Safety Committee.

26. Community Safety Plans for a Safe and Resilient Berkeley From: Councilmember Hahn (Author)
Recommendation: Refer to the City Manager to create four strategic, single-subject Community Safety Plans to effectively reduce Gun Violence, Sexual Assault, Retail Theft, and Traffic Violence. Return Plans to the City Council for review and approval.

Financial Implications: See report.

Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150 Action: Councilmember Tregub added as a co-sponsor. Referred to the Public Safety Committee.

Information Reports

27. Civic Arts Grant Awards: Fiscal Year 2025
From: City Manager
Contact: Eleanor Hollander, Economic Development, (510) 981-7530 Action: Received and filed.

28. LPO NOD: 2436-2442 Haste Street, #LMIN2024-0002
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Received and filed.

29. LPO NOD: 1614 Sixth Street/#LMSAP2024-0003
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Received and filed.

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Tuesday, October 15, 2024 MINUTES Page 12
Adjournment
Action: M/S/C (Arreguin/Hahn) to suspend the rules and adjourn the meeting.

Vote: All Ayes.

Adjourned at 8:18 p.m.

I hereby certify that the foregoing is a true and correct record of the regular meeting held on October 15, 2024.
________________________
Mark Numainville, City Clerk
Communications
Item #20: Councilmember Taplin’s Referral regarding Cal Sailing Club’s six historic J-Dock berths

1. J. Graeme Lowe

2. Mariya and Ryan Alder

3. Joel B. Gussman

4. John Taussig

5. Kelly Saturno

6. Cesare Garlati
Amended Registration Statement

7. Peter Seyranian
Public Health Department

8. Ned Himmel
Housing Concern

9. Planet Glassberg
UA Theater

10.Dale Sophiea

11.Oliver Kay

12.Laura Linden

13.Anastasia Rose Ellis

14.Rusty Cohn
Berkeley Art Center

15.Amy Yoshitsu
Aurora Theater

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Tuesday, October 15, 2024 MINUTES Page 13

16.Josh Costello
Homeless Solution

17.Michaela Mordecai
Middle East Conflict

18.Jack Kurzweil

19.Elana Auerbach

20.David Weintraub
Berkeley School Board

21.Laura Babitt
Bus Schedule Changes

22.Anne Herrick

23.Michael Eshelman
Cease and Desist Letter

24.Yesica Prado and Gordon Gilmore on behalf of the Berkeley Homeless Union Homeless RV Centers

25.Scott Robinson
Derby and Warring Intersection

26.Hermine Rule
Public Art Impact Fee

27.James M. Lloyd
Jack London Square

28.Dirk Neyhart
United Against Hate Week

29.Jennifer Coffey
CERT Training

30.Richard Schwartz
Zoning Concerns

31.Jodi Carter

32.Emilie Strauss
Natural Gas

33.Walter Wood

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Tuesday, October 15, 2024 MINUTES Page 14
Proposed Proclamation

34.The Indigenous Peoples Day Pow Wow Committee

35.Susan Louie
Peace and Justice Commission

36.Cielo Rios
Police Report Request

37.Mike Vandeman
Construction Concerns

38.Aishah and Uchi-Deshi
Construction Sweeper Concerns

39.Jesse Sheehan (4)
Barkely Beach

40.Patrick Hall
12 Panoramic Way

41.Lisa Handwerker
Measure BB

42.Lynn Sherrell
Missing Middle

43.Susan Nunes Fadley
Signage at Rainbow Doughnuts

44.Carol Denney
Monterey Market

45.Armand Seguin
Kiosk in Downtown Berkeley

46.Ghawar Camij Toschian
East Bay PAC

47.Nilang Gor
Burrowing Owls

48.Martin Nicolaus

49.Ruth Hurvitz

50.Erika St. John

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Tuesday, October 15, 2024 MINUTES Page 15
Newsletter

51.Eid

52.Erwan Illian

53.Vivian Warkentin

54.Russbumper
URL’s

55.Russbumper (11)

56.Josh Atwood (10)

57.Keith Bayne
Forwards For Current Events

58.Eid (8)

59.Josh Atwood
Middle East Conflict and Peace & Justice Commission

60.6,276 similarly worded form letters “Vote No on Ceasefire and related Resolutions” Supplemental Communications and Reports 1
Item #20: Councilmember Taplin’s Referral regarding Cal Sailing Club’s six historic J-Dock berths

61.Revised agenda material submitted by Councilmember Taplin Item #21: Amending BMC Section 9.04.165 -Tax Exemption for Research & Development Grants

62.Joshua Yang

63.Wesley Jackson

64.Beth Roessner

65.Jack Kurzweil
Item #24: Amendments to the of Berkeley Green Code to require all newly constructed buildings to be Zero NOx Emission Buildings

66.Ted Obbard
Supplemental Communications and Reports 2
Item #21: Amending BMC Section 9.04.165 -Tax Exemption for Research & Development Grants

67.Sibyl Chen, Berkeley SkyDeck and Bakar Labs

68.Phillip Denney, Big Ideas@Berkeley

69.Darren Cooke, UC Berkeley Interim Chief Innovation & Entrepreneurship Officer

70.Gael Alcock

71.Sylvia Santillanez

72.Julian Rees, HOPO Therapeutics, Inc.

73.Jill Fuss, Activate Berkeley

74.Jim McGrath

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Tuesday, October 15, 2024 MINUTES Page 16

75.Sanjay Kumar, UC Berkeley California Institute for Quantitative Biosciences (QB3- Berkeley)

76.Paola Laverde

77.Summer Brenner (2)

78.Bekka Fink

79.Elana Auerbach

80.Jose Vilar

81.Michelle Lu, Novel Farms, Inc.

82.Jack Kurzweil

83.Joanna Graham

84.Jennifer Steele

85.Rachel Bradley
Item #24: Amendments to the of Berkeley Green Code to require all newly constructed buildings to be Zero NOx Emission Buildings

86.Axel Ramel and Anne Pernick on behalf of Stand.earth

87.Daniel Tahara
Item #26: Community Safety Plans for a Safe and Resilient Berkeley

88.Stefanie and William Guynn
Urgent Item: Resolution in Support of Proposition 6 to Amend Article 1, Section 6 of the California Constitution

89.Urgent Item submitted by Councilmember Tregub
Supplemental Communications and Reports 3

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Monday, October 21, 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, OCTOBER 21, 2024
3:00 P.M.

REDWOOD ROOM – 2180 MILVIA STREET, BERKELEY, CA 94704
TELECONFERENCE LOCATION – 1404 LE ROY AVENUE, BERKELEY, CA 94708 TELECONFERENCE LOCATION - 1619 EDITH STREET, BERKELEY, CA 94703

JESSE ARREGUIN, MAYOR
Councilmembers:

To access the meeting remotely use this URL: https://cityofberkeley-info.zoomgov.com/j/1600391745. To request to speak, use the “raise hand” function in Zoom. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 160 039 1745. To provide public comment, Press *9 and wait to be recognized by the Chair. To submit a written communication for the public record, email [email protected].

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953. Any member of the public may attend this meeting, however, if you are feeling sick, please do not attend the meeting in person.

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

Attachment 3

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Monday, October 21, 2024 MINUTES Page 2
Preliminary Matters
Roll Call: 3:06 p.m.

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

Absent: Kesarwani, Bartlett, Wengraf
Councilmember Kesarwani present at 3:17 p.m.

Councilmember Wengraf present at 4:02 p.m.

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

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

1. CONFERENCE WITH LABOR NEGOTIATORS; GOVERNMENT CODE SECTION 54957.6 Negotiators: Paul Buddenhagen, City Manager, LaTanya Bellow, Deputy City Manager, Anne Cardwell, Deputy City Manager, Aram Kouyoumdjian, Human Resources Director, Chaka Young, Employee Relations Manager, Jonathan Holtzman, 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.

2. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO GOVERNMENT CODE SECTIONS 54956.9(a) AND 54956.9(d)(1):
a. Porter Smith v. City of Berkeley, et al. United States District Court, Northern District, Case No. 24-cv-04691-JSW
Action: Item removed from the agenda by the City Attorney.

3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTIONS 54956.8:

Property Address: 199 Seawall Drive, Berkeley CA
Agency Negotiators: Scott Ferris, Parks, Recreation & Waterfront; Christina Erickson, Parks, Recreation & Waterfront
Negotiating Parties: (1) City of Berkeley and TSA Holding Group, LLC; and (2) City of Berkeley and Sans Souci Investment, Inc.; and (3) City of Berkeley and Dull2Sharp Holdings, LLC.

Property Owner: City of Berkeley
Under Negotiation: Lease Price and Terms
Action: No reportable action taken.

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Monday, October 21, 2024 MINUTES Page 3
OPEN SESSION:

No reportable action taken.

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

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

Adjourned at 5:16 p.m.

I hereby certify that the foregoing is a true and correct record of the closed session meeting held on October 21, 2024.
________________________
Mark Numainville, City Clerk

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Tuesday, October 29, 2024 MINUTES Page 1

MINUTES

BERKELEY CITY COUNCIL MEETING
Tuesday, October 29, 2024
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY, CA 94708

JESSE ARREGUIN, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – 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. Live captioned broadcasts of Council meetings are available on B-TV (Channel 33) and via internet video stream at http://berkeley.granicus.com/MediaPlayer.php?publish_id=1244. All Council meetings are recorded.

To access the meeting remotely use this URL: https://cityofberkeley-info.zoomgov.com/j/1604285038. To request to speak, use the “raise hand” function in Zoom. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 160 428 5038 . To provide public comment, Press *9 and wait to be recognized by the Chair. To submit a written communication for the public record, email [email protected].

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953. Any member of the public may attend this meeting, however, if you are feeling sick, please do not attend the meeting in person.

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

Attachment 4

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Tuesday, October 29, 2024 MINUTES Page 2
Preliminary Matters
Roll Call: 6:36 p.m.

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

Absent: Hahn
Action: M/S/C (Arreguin/Tregub) to approve Councilmember Taplin’s participation in the meeting under the emergency circumstances exception in the Brown Act as amended by AB 2449.

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

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

Ceremonial Matters

1. Adjourned in memory of Al Weinrub, Energy Activist
City Manager Comments: None
Public Comment on Non-Agenda Matters: 10 speakers.

Public Comment by Employee Unions: 5 speakers.

Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 16 speakers.

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

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

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Consent Calendar
Tuesday, October 29, 2024 MINUTES Page 3

1. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of September 9, 2024 (closed), September 10, 2024 (regular), September 16, 2024 (closed and special), September 24, 2024 (closed and regular), September 30, 2024 (closed and special).

Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Approved the minutes as submitted.

2. City Council Rules of Procedure and Order Revisions (Reviewed by the Agenda & Rules Committee)
From: City Manager
Recommendation: Adopt a Resolution revising the City Council Rules of Procedure and Order to clarify and reorganize existing language, make technical corrections to account for hybrid meetings; incorporate certain temporary provisions from Appendix C into the main body of the document; and rescinding any preceding amendatory resolutions.

Policy Committee Recommendation: To recommend the proposed amendments to the City Council, amended to remove the portion on limiting debate and the phrase about votes on the Consent Calendar.

Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Adopted Resolution No. 71,544–N.S. as recommended by the Agenda & Rules Committee.

3. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on October 29, 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.

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Consent Calendar
Tuesday, October 29, 2024 MINUTES Page 4

4. Purchase Order: ZOLL Medical Corporation for ECG Monitor/Defibrillators From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a Purchase Order and any amendments with ZOLL Medical Corporation to purchase a new fleet of 40 Advanced Life Support (ALS) Electrocardiogram (ECG) Monitor/Defibrillators, associated equipment and maintenance in an amount not to exceed $2,832,950 for not more than seven (7) years.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
Action: Adopted Resolution No. 71,545–N.S.

5. Contract: Berkeley Food Network for Berkeley-Based Food Assistance From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or his designee to execute a contract and any amendments or extensions with Berkeley Food Network to provide food assistance to low-income households in Berkeley in an amount not to exceed $400,000 for the period December 2, 2024 through June 30, 2026.

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,546–N.S.

6. Contract No. 32400176 Amendment: Health Officer Coverage – Dr. Gail Newel From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or his designee to amend Contract No. 32400176 with Dr. Gail Newel to increase by $50,000 for a total not to exceed amount (NTE) of $100,000.

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,547–N.S.

7. Contract No. 32400177 Amendment: Health Officer Coverage – Dr. Lisa B.

Hernandez
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or his designee to amend Contract No. 32400177 with Dr. Lisa B. Hernandez to increase by $50,000 for a total not to exceed amount (NTE) of $100,000.

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,548–N.S.

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Consent Calendar
Tuesday, October 29, 2024 MINUTES Page 5

8. Housing Trust Fund Recommendations for the Berkeley Unified School District Workforce Housing Project and the St. Paul Terrace Project From: City Manager
Recommendation: Adopt a Resolution to: 1. Reserve an additional $2,000,000 for Satellite Affordable Housing Associates (SAHA) and Abode Communities’ Berkeley Unified School District (BUSD) Workforce Housing project; and 2. Reserve an additional $3,504,319 for Community Housing Development Corporation of North Richmond (CHDC)’s St. Paul Terrace project with the following conditions: a. Funds shall be reserved for a period of no more than 18 months from the date of Council approval, contingent on the development team obtaining all required land use approvals of the property and securing commitments for project funding that the City Manager or their designee deems sufficient within the reservation period. b. CHDC shall apply to alternative funding sources with the intent of reducing the need for these additional City funds. CHDC shall provide updates to the City on the applications submitted and the outcomes. 3. Authorize the City Manager or their designee to execute all original or amended documents or agreements to effectuate these actions.

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,549–N.S.

9. Fiscal Year 2025 Meals on Wheels of Alameda County Donations for the Berkeley Meals on Wheels Program
From: City Manager
Recommendation: Adopt a Resolution accepting donations for the Berkeley Meals on Wheels Program from the Meals on Wheels of Alameda County (MOWAC) agency, for Fiscal Year 2025 (FY2025).

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,550–N.S.

10. Contract No. 32400104 Amendment: SmartWave for City Facility Managed Wi-Fi From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32400104 with SmartWave Technologies LLC, for managed Wi-Fi and related services increasing the amount by $250,000 for a total not-to-exceed amount of $620,000 from July 25, 2023 to June 30, 2026.

Financial Implications: See report
Contact: Kevin Fong, Information Technology, (510) 981-6500 Action: Adopted Resolution No. 71,551–N.S.

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Consent Calendar
Tuesday, October 29, 2024 MINUTES Page 6

11. Contract: American Debris Box Service Inc. for Portable Toilet Service From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or his designee to execute a contract and any amendments with American Debris Box Services, Inc. for portable toilet service in an amount not to exceed $360,000 for a period of two years, with an option to extend up to three additional 12-month periods for a total amount not to exceed $900,000.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,552–N.S.

12. Contract: Redwood Engineering Construction for Martin Luther King Jr. Civic Center Park - Upper Plaza Improvements Project
From: City Manager
Recommendation: Adopt a Resolution: 1. Approving the plans and specifications for the Martin Luther King Jr. Civic Center Park Upper Plaza Improvements Project; and

2. Accepting the bid of the lowest responsive and responsible bidder, Redwood Engineering Construction; 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, with Redwood Engineering Construction, for the Martin Luther King Jr. Civic Center Park Upper Plaza Improvements Project at 2135 Martin Luther King Jr Way, in an amount not to exceed $1,042,139 which includes a contract amount of $868,449 and a 20% contingency in the amount of $173,690.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,553–N.S.

13. Donation from Berkeley Echo Lake Camp Association for Echo Lake Camp Youth Scholarships and Programming
From: City Manager
Recommendation: Adopt a Resolution accepting a cash donation of up to $25,000 from the Berkeley Echo Lake Camp Association (BELCA) for Echo Lake Camp youth scholarships and programming.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,554–N.S.

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Consent Calendar
Tuesday, October 29, 2024 MINUTES Page 7

14. Council Referral and Contract: Green Pocket Forest for Miyawaki Forest Design and Installation
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or their designee to execute a contract with Green Pocket Forest for the design and installation of a Miyawaki forest in an amount not to exceed $142,775.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,555–N.S.

15. Agreement Regarding Allocation of Costs for Railroad Crossing Improvements for Berkeley Commons Between Berkeley Commons Owner, LLC, (“Developer”) a California Limited Liability Company and the City of Berkeley (“City”)
From: City Manager
Recommendation: Adopt a Resolution authorizing City Manager to execute an agreement (Attachment 1 to the report) and any amendments with Berkeley Commons (Developer) for payment for all the improvements to mitigate the impact of Berkeley Commons Development (Project) at the Addison Street and Bancroft Way at-grade railroad crossings.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,556–N.S.

16. Contract No. 32500095 Amendment: B-Bros Construction Inc. for Temporary Stabilization of Stair Tower Windows at 2180 Milvia Street From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32500095 with B-Bros Construction, Inc. to complete the window stabilization and add additional scope to remediate flaking paint and repaint interior perimeter walls at 2180 Milvia Street, increasing the current authorized not-to-exceed (NTE) contract amount of $400,000 by $947,671, for a total NTE amount of $1,347,671.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,557–N.S.

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Consent Calendar
Tuesday, October 29, 2024 MINUTES Page 8

17. Renewal of the Solano Avenue BID for Calendar Year 2025 From: Solano Avenue BID Advisory Board
Recommendation: Adopt a Resolution approving the Solano Avenue Business Improvement District Advisory Board’s (hereafter “Solano BID Advisory Board” or “the Advisory Board”) recommendation that Council: 1) approve the 2024 Annual Report and preliminary budget on proposed improvements in the District for calendar year 2025; 2) declare its intent to levy an assessment to finance improvements in the District for calendar year 2025; and 3) direct the City Clerk to schedule a public hearing on the renewal of the assessment for December 3, 2024.

Financial Implications: See report
Contact: Vincent McCoy, Commission Secretary, (510) 981-7530 Action: Adopted Resolution No. 71,558–N.S.

Council Consent Items

18. 2024-2025 Budget Request: Funding for Speed Bump at Russell and Martin Luther King Jr. Way
From: Councilmember Bartlett (Author)
Recommendation: That the Council refers the November AAO#1 Budget Process $7,000 to fund the speed bump installation on Russell Street at King Street or other costs associated with the traffic calming method that City Staff sees fit.

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

19. FY25 Budget Request: Funding for Replacement of Six Existing Wrought Iron Barriers for South Adeline Circular Planters
From: Councilmember Bartlett (Author)
Recommendation: That the City Council refer $50,000 to the FY25 AAO1 budget process for the replacement of the existing six wrought iron barriers that protect the circular planters on South Adeline Street in District 3, as requested by community members and identified by city staff. These new artistic barriers will match the ones on Shattuck Avenue in the downtown area, create new seating opportunities, enhance the aesthetic appeal and foster a more positive community atmosphere.

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

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Council Consent Items
Tuesday, October 29, 2024 MINUTES Page 9

20. “Your Rose Garden”: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Councilmember Wengraf (Author)
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember including $500 from Vice Mayor Susan Wengraf to the Living New Deal, earmarked for the completion of the short film, “Your Rose Garden,” with funds relinquished to the City’s General Fund for this purpose from the discretionary Council Office Budgets of Vice Mayor Wengraf and any other Councilmembers who would like to contribute.

Financial Implications: See report
Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160 Action: Councilmember Taplin added as a co-sponsor. Adopted Resolution No. 71,559–N.S. amended to include contributions from the following Councilmembers up to the amounts listed: Councilmember Taplin - $500; Councilmember Tregub - $100; Councilmember Humbert - $500; Councilmember Lunaparra - $150; Councilmember Bartlett - $500; Councilmember Kesarwani - $100.

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Tuesday, October 29, 2024 MINUTES Page 10
Action Calendar – New Business
21a. Achieving Goals of 2018 Berkeley Age-Friendly Action Plan (Reviewed by Budget & Finance Committee)
From: Commission on Aging
Recommendation: Refer to the City Manager steps to revisit and act on the recommendations of the Berkeley Age-Friendly Action Plan as outlined in the report, by building on what is already occurring in the community, expanding the Plan’s impact, and addressing gaps by increasing funding for personnel and other services currently being offered, as well as others identified in the Age-Friendly Plan.

The Aging Commission identified as first steps four (4) priority areas and goals for the Action Plan: 1. Housing and Economic Security: Develop a continuum of affordable, accessible housing options for older adults to age in their community regardless of their health or financial status. 2. Transportation and Mobility: Advance a network of public and private transportation (including transit, assistive devices, e- bikes and e-scooters and bicycling and walking) that equitably serves residents and connects them to services, social activities, and employment opportunities.

3. Health and Wellness: Develop a more integrated system of services and supports that is person-centered and ensures that all residents have the opportunity to engage in health promoting activities. 4. Social Participation and Civic Engagement: Enhance neighborhood cohesion and social connectedness of all Berkeley residents with community events and activities that are inclusive, affordable, and accessible.

In the short term, the Commission recommends that these plans should include a budget referral to the City Manager for consideration in the biennial budget process.

Policy Committee Recommendation: To refer the item from the Commission and the City Manager Companion Report item to the City Council with a qualified positive recommendation to consider sending both items to the City Manager for evaluation of the age-friendly action plan and the provision of recommendations.

Financial Implications: See report
Contact: Darleen Bronson, Commission Secretary, (510) 981-5400

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Action Calendar – New Business
Tuesday, October 29, 2024 MINUTES Page 11
21b. Companion Report: Achieving Goals of 2018 Berkeley Age-Friendly Action Plan (Reviewed by Budget & Finance Committee)
From: City Manager
Recommendation: Refer to the City Manager to review and prioritize the recommendations of the City of Berkeley’s Age-Friendly Action Plan, in conjunction with the results of the Community Health Assessment that will be conducted by the Health, Housing, and Community Services Department in the 2024 calendar year. In addition, to consider the following referrals: 1. Refer to the Transportation Commission to collaborate with the Commission on Aging to assess the equitable accessibility of public transportation options for the older adult and disabled community in Berkeley 2. Refer to Housing Advisory Commission to collaborate with staff to assess the level of affordable, accessible housing options for older adults to age in the Berkeley community. 3. Refer the Commission on Aging’s request for increased funding to the Budget and Finance Policy Committees for further deliberation.

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Action: Moved Items 21a and 21b to the Consent Calendar to adopt the policy committee recommendation.
22a. Measure P Allocations, Fiscal Year 2025-2026 (Reviewed by Budget & Finance Committee)
From: Homeless Services Panel of Experts
Recommendation: That Council approve the Homeless Services Panel of Experts recommendations to allocate Measure P revenue providing homeless services as detailed in Attachment 1, Exhibit A to the report.

Policy Committee Recommendation: To refer the item from the Commission and the City Manager Companion Report item to the City Council with a negative recommendation that no further action is required, as the Council has already taken action through the adoption of the 2025-26 Bi-annual Budget.

Financial Implications: See report
Contact: Josh Jacobs, Commission Secretary, (510) 981-5400

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Action Calendar – New Business
Tuesday, October 29, 2024 MINUTES Page 12
22b. Companion Report: Measure P Allocations, Fiscal Year 2025-2026 (Reviewed by Budget & Finance Committee)
From: City Manager
Recommendation: Approve the Homeless Services Panel of Experts recommendations for Fiscal Years 2025-2026, but continue to partially fund 5150 transports from Measure P until alternative sources can be identified.

Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000, David Sprague, Fire, (510) 981-3473
Action: Moved Items 22a and 22b to the Consent Calendar to adopt the policy committee recommendation.

Council Action Items

23. Budget Referral: Allocate the Existing $900,000 Transportation Network Company (TNC) Tax to Calm Traffic in Vicinity of Derby St., Increase Citywide Traffic Calming Budget, and Establish Ongoing General Fund Allocation Policy for the TNC (Reviewed by Budget & Finance Committee)
From: Councilmember Harrison (Author), Councilmember Taplin (Co-Sponsor) Recommendation: Refer to City Manager and the Budget and Finance Committee to consider establishing an ongoing General Fund policy of allocating 50% of annual TNC Tax revenues to a citywide traffic calming budget and the remaining 50% to tier 1 bike/pedestrian/transit priority projects as specified under 3. a-c.

Policy Committee Recommendation: To refer the item to the City Council with a qualified positive recommendation to refer the policy to the 2026 Fiscal Year budget process for consideration alongside other available funds for traffic calming, bike, pedestrian, and transit priority projects.

Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140 Action: Moved Item 23 to the Consent Calendar to adopt the policy committee recommendation.

Information Reports

24. Commission on Labor Fiscal Year 2025 Work Plan
From: Commission on Labor
Contact: Margot Ernst, Commission Secretary, (510) 981-5400 Action: Received and filed.

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Tuesday, October 29, 2024 MINUTES Page 13
Adjournment
Action: M/S/C (Arreguin/Tregub) to adjourn the meeting.

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

Adjourned at 7:49 p.m.

I hereby certify that the foregoing is a true and correct record of the regular meeting held on October 29, 2024.
________________________
Mark Numainville, City Clerk
Communications
Berkeley Art Center

1. Chandra Cerrito

2. Sholeh Asgary

3. Helia Pouyanfar
Bearathlon 2024

4. Brooke Soobrian
Health Demands

5. Cameron Woo
Heatwave and Cooling Centers

6. Pamela Michaud

7. Alex S. Merenkov
Cannabis Ordinance

8. Geoffrey Lomax

9. Barbara Gilbert
12 Panoramic Construction

10.Andrew Fisher
TOPA

11.Melody Hultgren
Greek Theater

12.Lynn

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Tuesday, October 29, 2024 MINUTES Page 14
Encampment Policy

13.Eva Herzer
RM4

14.Save Marinwood

15. Ken Bukowski
Kittleson Parking Memorandum

16.James McGrath
Missing Middle

17.Jack Kurzweil
Marin St. Fire Station Trees

18.Pauline Bondonno Cross, Jason Cross, and Julia Cross 6th and Harrison

19.Craig Nagasawa
UA Theater

20.John Zabinski
Cesar Chavez Park

21. Dave Mandel
Commemoration Invitation

22.Elana Naftalin-Kelman
Carpet Repair

23.Alex S. Merenkov
Missed Inspection

24.Preeti
Newsletters

25.Josh Atwood

26.Richard Schwartz

27.Young Futures Team

28.Eric Friedman
Books in Berkeley

29.Josh Atwood
Shotgun Players Funding

30. Pauline Bondonno Cross and Jason Cross

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Tuesday, October 29, 2024 MINUTES Page 15
URL’s

31.Josh Atwood (5)

32.Eid

33.Keith Bayne

34.Jaleh Niazi
Forwards of Current Events

35.Eid (5)
Middle East Conflict and Peace & Justice Commission

36.Mariel Estrada

37.Summer Brenner

38.Diana Bohn

39.Sally Nelson

40.Juli Dickey

41.Stephanie Allan and Jack Kurzweil

42.Brett Mendel

43.Tal Garner

44.47 Similarly worded form letters “Vote NO on ceasefire and NO on related resolutions”

45. 49 Similarly worded for letters “Thank You for Passing the Resolution for Peace and Justice in Palestine”
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
 None
Supplemental Communications and Reports 3

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Tuesday, October 29, 2024 MINUTES Page 1

M I N T U 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, October 29, 2024
3:30 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 1404 LE ROY AVENUE, BERKELEY, CA 94708

JESSE ARREGUIN, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – 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. Live captioned broadcasts of Council meetings are available on B-TV (Channel 33) and via internet video stream at http://berkeley.granicus.com/MediaPlayer.php?publish_id=1244. All Council meetings are recorded.

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953. Any member of the public may attend this meeting, however, if you are feeling sick, please do not attend the meeting in person.

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

Attachment 5

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Tuesday, October 29, 2024 MINUTES Page 2
Preliminary Matters
Roll Call: 3:35 p.m.

Present: Tregub, Wengraf, Lunaparra, Humbert, Arreguin

Absent: Kesarwani, Taplin, Bartlett, Hahn
Councilmember Bartlett present at 3:58 p.m.

Councilmember Taplin present at 4:09 p.m.

Councilmember Kesarwani present at 5:07 p.m.

Action: M/S/C (Arreguin/Lunaparra) to approve Councilmember Taplin’s participation in the meeting under the emergency circumstances exception in the Brown Act as amended by AB 2449.

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

Action Calendar

1. Reimagining Public Safety Status Report
From: City Manager
Recommendation:

1. Review and discuss the provided status report from the City Manager with the goal of demonstrating transparency and facilitating informed Council discussion towards the advancement of the Reimagining Public Safety initiative in Berkeley.

2. Provide comments on the “City of Berkeley Workload and Organizational Study of the Police Department” Citygate report, with the goal of facilitating a thorough and informed Council discussion on the report's findings and implications.

Financial Implications: See report
Contact: Carianna Arredondo, City Manager's Office, (510) 981-7000 Action: 9 speakers. Presentation made and discussion held.

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

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

Adjourned at 6:15 p.m.

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

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Communications
 None
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
Item #1: Reimagining Public Safety Status Report

1. Office of the Director of Police Accountability on behalf of the Police Accountability Board

2. Elana Auerbach

3. Mary-Lee Kimber Smith
Supplemental Communications and Reports 3

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City Clerk Department
1 CONSENT CALENDAR
November 19, 2024
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Mark Numainville, City Clerk
Subject: 2024 Annual Commission Attendance and Meeting Frequency Report

RECOMMENDATION
In accordance with Resolution No. 71,109-N.S., review and accept the 2024 Annual Commission Attendance and Meeting Frequency Report.

FISCAL IMPACTS OF RECOMMENDATION
None.

CURRENT SITUATION AND ITS EFFECTS
Each of the City commissions that were active during the reporting period submitted an annual attendance report covering the period of September 1, 2023 through August 31, 2024 (Attachment 1). These reports include the number of meetings, meeting cancellations, commissioners in attendance, length of meetings, number of speakers, and members of the public present. The reports also reflect the number of vacant positions on the commission as of August 31, 2024. Attachment 2 provides a summary of the approved leaves of absence for each commission.

Resolution No. 71,109-N.S. establishes the meeting frequency for all commissions in accordance with current state law and City policy. Consistent with the Resolution No. 71,109-N.S., commissions are divided into four categories (A, B, C, and D) depending on their meeting frequency. The meeting activity for the reporting period of September 1, 2023, through August 31, 2024, is outlined by category below.

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2024 Annual Commission Attendance and Meeting Frequency Report Consent Calendar November 19, 2024
2 Category A – These commissions meet on their own schedule.

Commission Meetings
Held
Meetings
Cancelled
Vacant
Positions
Board of Library Trustees 13 1 0
Design Review Committee 10 2 0
Fair Campaign Practices Commission 10 0 3
Housing Advisory Commission 9 1 0
Landmarks Preservation Commission 10 2 1
Open Government Commission 10 0 3
Personnel Board 14 1 0
Planning Commission 11 1 0
Police Accountability Board 22 1 2
Zoning Adjustments Board 18 1 1
Category B – These commissions have a maximum of ten meetings per year.

Commission Meetings
Held
Meetings
Cancelled
Vacant
Positions
Civic Arts Commission 9 1 0
Commission on Aging 10 0 0
Commission on Disability 10 1 2
Commission on Labor 6 3 4
Commission on the Status of Women 10 0 2
Community Health Commission 9 1 3
Disaster and Fire Safety Commission 10 1 1
Environment and Climate Commission 9 1 2
Homeless Services Panel of Experts 9 2 2
Human Welfare and Community Action
Commission 8 3 2
Mental Health Commission 7 0 4
Parks, Recreation and Waterfront
Commission 10 0 2
Peace and Justice Commission 10 1 2
Sugar-Sweetened Beverage Product Panel
of Experts 9 1 0
Transportation and Infrastructure
Commission 10 0 0
Youth Commission 8 1 4
Zero Waste Commission 10 0 2

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2024 Annual Commission Attendance and Meeting Frequency Report Consent Calendar November 19, 2024
3 Category C – These commissions meet as necessary to fulfil their legal requirements as determined by the board chair and/or staff.

Commission Meetings
Held
Meetings
Cancelled
Vacant
Positions
Elmwood Business Improvement District
Advisory Board 3 0 5
Loan Administration Board 2 0 4
Solano Avenue Business Improvement
District Advisory Board 9 0 5
Category D – These commissions have a maximum of six meetings per year.

No commissions currently in Category D.

BACKGROUND
On June 14, 2005, the City Council discussed the reduction of commission meetings as a cost-savings measure, and adopted a proposal which created three categories of commission meeting schedules, a process for requesting Council approval of any extra meetings, direction to commission secretaries to submit an information report whenever a commission cancels two consecutive meetings for lack of quorum, and an annual attendance report.

On January 15, 2008, Council adopted Resolution No. 63,949–N.S., which updated the commission meeting frequency schedule to include a fourth category of meeting frequency.

On March 17, 2020, the council adopted Resolution No. 69,331–N.S. with the purpose of reducing the number of commission meeting schedules from four categories to two categories. This decision was made in response to the mandatory Shelter-in-Place order imposed as a result of the COVID-19 pandemic.

On November 28, 2023, the council adopted Resolution No. 71,109-N.S. restoring the meeting frequency categories to their previous count of four categories, as initially adopted by the council prior to the pandemic.

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 annual commission attendance report informs the Council of commission activity and allows for comparison with the meeting frequency schedule. The annual attendance report documents increased demand on or under-utilization of commissions, and allows Council to make changes to the meeting frequency schedule accordingly.

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2024 Annual Commission Attendance and Meeting Frequency Report Consent Calendar November 19, 2024
4 CONTACT PERSON
Mark Numainville, City Clerk, (510) 981-6900
ATTACHMENTS:
1) 2024 Annual Commission Attendance Reports
Attachment 1a – Category A
Attachment 1b – Category B
Attachment 1c – Category C
2) 2024 Approved Leaves of Absence Report

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2024 Annual Commission Attendance Form
Reporting Period: September 1, 2023 through August 31, 2024 Commission: Board of Library Trustees
Commission Secretary:

Tess Mayer
Vacant Seats (as of August 31, 2024): 0____________________________________________ Example:

Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present Public Present
Public
Speakers
Meeting
Length
10/10/2022 No 8 of 9 5 3 2.5 hrs.
1/19/2023 Yes – no quorum 9 of 9 3 1 3 hrs.

Scheduled Meeting
Date
(include both regular and
special meetings)
Cancelled?
If Yes, Provide Reason
Commissioners
Present
(include temporary
appointees; names are
not required)
Public Present
(names are not
required)
Public
Speakers
(names are not
required)
Meeting
Length
9/6/2023
Regular Meeting
In Person
4 of 5 4 0 1.75 hrs.
9/21/2023
Special Meeting
In Person
4 of 5 1 0 .88 hrs.
10/01/2023
Regular Meeting
In Person
4 of 5 2 0 1.75 hrs.
11/1/2023
Regular Meeting
In Person
4 of 5 8 4 1.86 hrs.
12/06/2023
Regular Meeting
In Person
5 of 5 19 7 2.51 hrs.
1/10/2024
Regular Meeting
Yes – no quorum
1/11/2024
Special Meeting
In Person
4 of 5 12 3 2.31 hrs.

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2024 Annual Commission Attendance Form
Reporting Period: September 1, 2023 through August 31, 2024 2/7/2024
Regular Meeting
In Person
4 of 5 1 0 1.38 hrs.
3/6/2024
Regular Meeting
In Person
4 of 5 2 1 1.56 hrs.
4/3/2024
Regular Meeting
In Person
5 of 5 2 1 2.03 hrs.
5/1/2024
Regular Meeting
In person
4 of 5 2 0 .88 hrs.
5/30/2024
Special Meeting
In Person
4 of 5 1 0 1.4 hrs.
6/05/2024
Regular Meeting
In Person
5 of 5 0 0 1.4 hrs.
7/11/2024
Regular Meeting
In Person
5 of 5 2 1 1.18 hrs.

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2024 Annual Commission Attendance Form
Reporting Period: September 1, 2023 through August 31, 2024 Commission: Design Review Committee
Commission Secretary:

Anne Burns
Vacant Seats (as of August 31, 2024): _____None__________________________________ Scheduled
Meeting Date
(include both regular
and special meetings)
Cancelled?
If Yes, Provide Reason
Commissioners
Present
(include temporary
appointees; names are
not required)
Public Present
(names are not
required)
Public
Speakers
(names are not
required)
Meeting
Length
9/21/2023 No 6 of 7 4 2 1.5 hrs.
10/19/2023 No 7 of 7 17 6 3.25 hrs.
11/16/2023 Yes, no projects to
review
- - - -
12/21/2023 No 7 of 7 11 6 2.25 hrs.
1/18/2024 Yes, no projects to
review
- - - -
2/15/2024 No 7 of 7 11 4 3.5 hrs.
3/21/2024 No 6 of 7 4 2 3 hrs.
4/18/2024 No 5 of 7 16 7 3 hrs.
5/16/2024 No 5 of 7 10 7 3 hrs.
6/20/2024 No 5 of 7 5 3 1.25 hrs.
7/18/2024 No 6 of 7 15 8 3 hrs.
8/29/2024 No 5 of 7 5 6 2.5 hrs.

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2024 Annual Commission Attendance Form
Reporting Period: September 1, 2023 through August 31, 2024 Commission: Fair Campaign Practices Commission
Commission Secretary: Sam Harvey; Lauren Packard and Stephen Hylas (A cting Secretaries Aug. 5 to Nov. 1)
Vacant Seats (as of August 31, 2024): _3______________________________________ Example:

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2024 Annual Commission Attendance F
orm
Reporting Period: September 1, 2023 through August 31, 2024 Commission: Housing Advisory Commission
Commission Secretary:

Anna Cash
Vacant Seats (as of August 31, 2024): None_______________________________________ Example:

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2024 Annual Commission Attendance Form
Reporting Period: September 1, 2023 through August 31, 2024 Commission: Landmarks Preservation Commission
Commission Secretary:

Fatema Crane
Vacant Seats (as of August 31, 2024): ____1___________________________________ Example:

Scheduled
Meeting Date
(include both regular
and special meetings)
Cancelled?
If Yes, Provide Reason
Commissioners
Present
(include temporary
appointees; names are
not required)
Public Present
(names are not
required)
Public
Speakers
(names are not
required)
Meeting
Length
9/7/2023 No 8 of 8 13 8 1.5 hrs.
10/5/2023 No 8 of 8 30 12 3 hrs.
11/2/2023 No 8 of 8 17 10 2 hrs.
12/7/2023 No 7 of 8 8 3 3 hrs.
1/4/2024 Yes- no agenda items
2/1/2024 No 9 of 9 60 30 4 hrs.
3/7/2024 No 8 of 9 4 2 2 hrs.
4/4/2024 Yes- no agenda items
5/2/2024 No 6 of 9 5 2 1.5 hrs.
6/6/2024 No 6 of 9 4 3 2 hrs.
7/8/2024 No 7 of 8 29 13 3 hrs.
8/1/2024 No 6 of 8 15 8 2.5 hrs.

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2024 Annual Commission Attendance Form
Reporting Period: September 1, 2023 through August 31, 2024 Commission: Personnel Board
Commission Secretary: Aram Kouyoumdjian
Vacant Seats (as of August 31, 2024): ze
ro____________________
Example:

October 2, 2023 No 6 of 7 0 1 42 min.

November 6, 2023 No 5 of 7 0 0 1 hr. 2 min.

December 4, 2023 No 7 of 7 0 0 47 min.

January 8, 2024 No 4 of 7 0 0 1 hr. 6 min.

February 5, 2024 No 7 of 7 0 0 1 hr. 10 min.

March 4, 2024 No 5 of 7 2 0 1 hr. 22 min.

April 1, 2024 No 6 of 7 0 0 51 min.

May 6, 2024 No 5 of 7 1 0 34 min.

June 3, 2024 No 7 of 7 2 0 1 hr. 10 min.

July 8, 2024 No 6 of 7 2 0 54 min.

July 10, 2024 No 5 of 7 0 0 1 hr. 47 min
August 5, 2024 No 5 of 7 3 0 44 min.

August 5, 2024 Yes, agenda for meeting not
posted with enough notice.

August 7, 2024 No 5 of 7

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2024 Annual Commission Attendance Form
Reporting Period: September 1, 2023 through August 31, 2024 Commission: Planning Commission
Commission Secretary: Alisa Shen & Justin Horner
Vacant Seats (as of August 31, 2024): 0
Example:

April 3, 2024 No 8 of 9 11 11 3 hr
May 1, 2024 No 7 of 9 10 6 1 hr 51 min
June 5, 2024 No 8 of 9 3 1 1 hr 20 min
July 17, 2024 No 8 of 9 10 3 2 hr 45 min

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2024 Annual Commission Attendance Form
Reporting Period: September 1, 2023 through August 31, 2024 Commission: Police Accountability Board
Commission Secretary: Hansel A. Aguilar
Vacant Seats (as of August 31, 2024): 2 (1 Board Member & 1 Alternate) Scheduled Meeting
Date
(include both regular
and special meetings)
Cancelled?
If Yes, Provide Reason
Commissioners
Present
(include temporary
appointees; names are
not required)
Public Present
(names are not
required)
Public
Speakers
(names are not
required)
Meeting
Length
09/13/2023 Yes – Quorum n/a n/a n/a n/a
09/14/2023 No 5 of 6 4 1 2 Hr. 48 Min.
09/27/2023 No 4 of 6 24 8 3 Hr. 15 Min.
09/27/2023 No 4 of 6 1 0 10 Min.
10/11/2023 No 5 of 7 19 3 3 Hr. 24 Min.
10/25/2023 No 6 of 7 13 5 2 Hr. 24 Min.
11/8/2023 No 8 of 8 9 6 3 Hr. 12 Min.
12/6/2023 No 7 of 8 13 1 2 Hr. 40 Min.
01/10/2024 No 8 of 8 5 0 2 Hr. 39 Min.
1/24/2024 No 8 of 8 10 4 3 Hr. 44 Min.
2/7/2024 No 7 of 8 13 0 3 Hr. 15 Min.
2/28/2024 No 8 of 8 15 2 3 Hr. 10 Min.
03/02/2024 No 6 of 7 1 0 7 Hr.
03/13/2024 No 6 of 7 13 1 2 Hr. 57 Min.
03/27/2024 No 6 of 7 14 4 2 Hr. 52 Min.
04/17/2024 No 6 of 7 15 3 2 Hr. 49 Min.
04/24/2024 No 7 of 7 9 2 1 Hr. 49 Min.
05/08/2024 No 7 of 7 7 4 2 Hr. 43 Min.
05/22/2024 No 7 of 7 3 2 2 Hr. 4 Min.
06/05/2024 No 6 of 7 5 3 2 Hr. 42 Min.
06/26/2024 No 4 of 7 4 2 1 Hr. 49 Min.
07/10/2024 No 8 of 8 29 11 3 Hr. 29 Min.
07/24/2024 No 6 of 8 9 3 2 Hr. 30 Min.

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2024 Annual Commission Attendance Form
Reporting Period: September 1, 2023 through August 31, 2024 Commission: Zoning Adjustments Board
Commission Secretary: Samantha Updegrave / Claudia Garcia Vacant Seats (as of August 31, 2024): _1 (Appointed by Mayor Arreguin)__________________ Example:

Scheduled Meeting
Date
(include both regular and
special meetings)
Cancelled?
If Yes, Provide Reason
Commissioners
Present
(include temporary
appointees; names are
not required)
Public Present
(names are not
required)
Public
Speakers
(names are not
required)
Meeting
Length
9/14/2023 No 9 of 9 15 3 1.25 hrs.
9/28/2023 No 9 of 9 9 2 1.25 hrs.
10/12/2023 No 7 of 9 13 2 2.25 hrs.
10/26/2023 No 9 of 9 20 4 2.75 hrs.
11/30/2023 No 7 of 9 37 17 2.5 hrs.
12/14/2023 No 8 of 9 9 1 .25 hrs.
1/11/2024 No 6 of 9 22 7 2 hrs.
1/25/2024 No 7 of 8 17 4 .75 hrs.
2/8/2024 No 7 of 8 27 10 1.25 hrs.
2/22/2024 No 8 of 8 21 5 .75 hrs.
3/14/2024 No 7 of 8 10 0 .5 hrs.
3/28/2024 No 6 of 9 22 10 3.25 hrs.
4/25/2024 No 6 of 8 33 18 3 hrs.
5/09/2024 No 6 of 8 20 7 .75 hrs.
5/30/2024 No 6 of 8 17 3 1.75 hrs.
6/27/2024 No 7 of 7 10 10 1.75 hrs.
7/11/2024 No 6 of 8 8 6 1 hr.
7/25/2024 Yes – no agenda items
8/8/2024 No 7 of 8 12 5 .5 hrs.

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2024 Annual Commission Attendance F
orm
Reporting Period: September 1, 2023 through August 31, 2024 Commission: Civic Arts Commission
Commission Secretary:

Jennifer Lovvorn
Vacant Seats (as of August 31, 2024): ___0_________________________________________ Scheduled Meeting
Date
(include both regular and
special meetings)
Cancelled?
If Yes, Provide Reason
Commissioners
Present
(include temporary
appointees; names are
not required)
Public Present
(names are not
required)
Public
Speakers
(names are not
required)
Meeting
Length
9/27/23 8 of 9 6 3 1.8 hrs.
10/25/23 8 of 9 6 0 1.5 hrs.
12/6/23 7 of 8 6 4 1.9 hrs.
1/24/24 Yes – no quorum N/A N/A N/A N/A
2/28/24 9 of 9 1 0 1.7 hrs.
3/27/24 7 of 9 3 3 1.3 hrs.
4/17/24 8 of 9 3 6 2 hrs.
5/22/24 5 of 9 4 4 1.5 hrs.
6/26/24 8 of 9 4 2 3.1 hrs.
7/24/24 9 of 9 2 4 2.7 hrs.

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2024 Annual Commission Attendance Form
Reporting Period: September 1, 2023 through August 31, 2024 Commission: Commission on Aging
Commission Secretary:

Darlene Bronson
Vacant Seats (as of August 31, 2024): ____0___________________________________ Example:

No meeting in
August

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2024 Annual Commission Attendance Form
Reporting Period: September 1, 2023 through August 31, 2024 Commission: Commission on Disability
Commission Secretary:

Thomas Gregory
Vacant Seats (as of August 31, 2024): 2 (unless a new commissioner(s) gets appointed and sworn in within the next 22 days)
Example:

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2024 Annual Commission Attendance F
orm
Reporting Period: September 1, 2023 through August 31, 2024 Commission: Commission on Labor
Commission Secretary:

Emily Rose
Vacant Seats (as of August 31, 2024): __4_____________________________________ Example:

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2024 Annual Commission Attendance Form
Reporting Period: September 1, 2023 through August 31, 2024 Commission: Commission on the Status of Women
Commission Secretary:

Okeya Vance- Dozier
Vacant Seats (as of August 31, 2024): 2
Example:

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2024 Annual Commission Attendance Form
Reporting Period: September 1, 2023 through August 31, 2024 Commission: Community Health
Commission Secretary:

Kellie Knox
Vacant Seats (as of August 31, 2024): ____3___________________________________ Example:

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2024 Annual Commission Attendance Form
Reporting Period: September 1, 2023 through August 31, 2024 Commission: Disaster and Fire Safety Commission
Commission Secretary:

Deputy Fire Chief Keith May
Vacant Seats (as of August 31, 2024): ____________1
___________________________
Example:

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2024 Annual Commission Attendance Report
Reporting Period: September 1, 2023 through August 31, 2024 Commission: Environment and Climate Commission
Commission Secretary: Sarah Moore
Example:

Scheduled
Meeting Date
(include both regular
and special meetings)
Cancelled?
If Yes, Provide Reason
Commissioners
Present
(include temporary
appointees; names are
not required)
Public Present
(names are not
required)
Public
Speakers
(names are not
required)
Meeting
Length
9/27/2023 NO 8 of 9 1 2 2.0 hours
10/18/2023 NO 8 of 9 1 1 1.75 hours
11/29/2023 NO 7 of 8 3 3 2.0 hours
1/24/2024 NO 9 of 10 6 0 2.0 hours
2/28/2024 NO 10 of 10 1 1 1.5 hours
3/27/2024 NO 9 of 10 4 3 2.0 hours
4/24/2024 NO 9 of 10 4 7 1.5 hours
5/22/2024 NO 9 of 10 0 0 2.25
6/26/2024 NO 5 of 9 5 4 1.5 hours
7/24/2024 YES - no action items
Vacant seats: ___2____
(as of August 31, 2024)

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2024 Annual Commission Attendance F
orm
Reporting Period: September 1, 2023 through August 31, 2024 Commission: Homeless Services Panel of Experts
Commission Secretary:

Josh Jacobs
Vacant Seats (as of August 31, 2024): ___2____________________________________ Example:

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2024 Annual Commission Attendance F
orm
Reporting Period: September 1, 2023 through August 31, 2024 Commission: Human Welfare and Community Action Commission

Commission Secretary:

Mary-Claire Katz
Vacant Seats (as of August 31, 2024): 2_______________________________ Example:

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2024 Annual Commission Attendance Form
Reporting Period: September 1, 2023 through August 31, 2024 Commission: Mental Health Commission
Commission Secretary:

Jamie Works-Wright
Vacant Seats (as of August 31, 2024): _______4________________________________ Example:

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2024 Annual Commission Attendance Form
Reporting Period: September 1, 2023 through August 31, 2024 Commission: Parks, Recreation, and Waterfront
Commission Secretary:

Roger Miller
Vacant Seats (as of August 31, 2024): ____2___________________________________ Example:

Scheduled
Meeting Date
(include both regular
and special meetings)
Cancelled?
If Yes, Provide Reason
Commissioners
Present
(include temporary
appointees; names are
not required)
Public Present
(names are not
required)
Public
Speakers
(names are not
required)
Meeting
Length
September 13,
2023
7 of 9 5 5 2.5 hrs
October 11, 2023 7 of 9 22 14 3.0 hrs
November 8, 2023 8 of 9 15 4 2.5 hrs
January 10, 2024 7 of 8 10 5 2.5 hrs
February 15, 2024 5 of 8 7 8 1.0 hrs
March 13, 2024 8 of 8 18 22 3.0 hrs
April 10, 2024 6 of 8 11 12 2.5 hrs
May 8, 2024 7 of 8 14 6 2.0 hrs
June 12, 2024 6 of 8 27 24 2.5 hrs
July 10, 2024 5 of 7 4 4 2.0 hrs
Aug 2024 – no mtg
scheduled

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2024 Annual Commission Attendance Form
Reporting Period: September 1, 2023 through August 31, 2024 Commission: Peace and Justice Commission
Commission Secretary:

Okeya Vance-Dozier
Vacant Seats (as of August 31, 2024): 2
Example:

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2024 Annual Commission Attendance Form
Reporting Period: September 1, 2023 through August 31, 2024 Commission: Sugar-Sweetened Beverage Product Panel of Experts (SSBPPE) Commission Commission Secretary:

Roberto Terrones
Vacant Seats (as of August 31, 2024): 0_______________________________________ Example:

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2024 Annual Commission Attendance Form
Reporting Period: September 1, 2023 through August 31, 2024 Commission: Transportation and Infrastructure
Commission Secretary:

Wahid Amiri
Vacant Seats (as of August 31, 2024): 0______________________________________ Example:

October 19, 2023 7 of 9 2 2 2 hrs.

November 16, 2023 7 of 9 3 6 2.75 hrs.

January 18, 2024 9 of 9 3 4 2.75 hrs.

February 15, 2024 9 of 9 4 8 3 hrs.

March 21, 2024 8 of 9 2 2 3.25 hrs.

April 18, 2024 6 of 8 (1 seat was vacant) 1 1 1.75 hrs.

May 16, 2024 7 of 8 (1 seat was vacant) 2 3 2.5 hrs.

June 20, 2024 7 of 8 (1 seat was vacant) 45 31 3.5 hrs.

August 15, 2024 8 of 9 12 15 3.75 hrs.

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2024 Annual Commission Attendance Form
Reporting Period: September 1, 2023 through August 31, 2024 Commission: Youth Co
mmission
Commission Secretary:

Ginsi Bryant
Vacant Seats (as of August 31, 2024): _________4___
___________________________
Example:

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2024 Annual Commission Attendance Form
Reporting Period: September 1, 2023 through August 31, 2024 Commission: Zero Waste Commission
Commission Secretary: J
ulia Health
Vacant Seats (as of August 31, 2024): _____2__________________________________ Example:

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2024 Annual Commission Attendance Form
Reporting Period: September 1, 2023 through August 31, 2024 Commission: ELMWOOD BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD Commission Secretary:

KIERON SLAUGHTER
Vacant Seats (as of August 31, 2024): _______5________________________________ Example:

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2024 Annual Commission Attendance Form
Reporting Period: September 1, 2023 through August 31, 2024 Commission: LOAN ADMINISTRATION BOARD
Commission Secretary:

KIERON SLAUGHTER
Vacant Seats (as of August 31, 2024): _______4________________________________ Example:

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2024 Annual Commission Attendance F
orm
Reporting Period: September 1, 2023 through August 31, 2024 Commission: Solano Business Improvement District
Commission Secretary:

Vincent McCoy
Vacant Seats (as of August 31, 2024): ____5___________________________________ Example:

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Approved Leaves of Absence Granted During the Period
September 1, 2023 - August 31, 2024
Commission # Leaves granted
Board of Library Trustees 0
Civic Arts Commission 9
Commission on Aging 4
Commission on Disability 3
Commission on Labor 3
Commission on the Status of Women 12
Community Health Commission 3

Design Review Committee 3
Disaster and Fire Safety Commission 2
Elmwood Business Improvement District Advisory Board 2
Environment and Climate Commission 5
Fair Campaign Practices Commission 6
Homeless Services Panel of Experts 10
Housing Advisory Commission 8
Human Welfare and Community Action Commission 1
Landmarks Preservation Commission 7
Loan Administration Board 0
Mental Health Commission 2
Open Government Commission 3
Parks, Recreation and Waterfront Commission 11
Peace and Justice Commission 6
Personnel Board 10
Planning Commission 17
Police Accountability Board 10
Solano Avenue Business Improvement District Advisory Board 0 Sugar-Sweetened Beverage Product Panel of Experts 5
Transportation and Infrastructure Commission 13
Youth Commission 0
Zero Waste Commission 10
Zoning Adjustments Board 17

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

CONSENT CALENDAR
November 19, 2024
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Peter Radu, Assistant to the City Manager Subject: Contract: Dorothy Day House to operate interim housing at the Howard Johnson motel

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a contract and all necessary amendments with Dorothy Day House to operate an interim housing program at the Howard Johnson Motel (1619 University Ave.) in an amount not to exceed $5,313,826.28 for the period of November 12, 2024 to December 31, 2028.

FISCAL IMPACTS OF RECOMMENDATION
If approved, this resolution will result in an expenditure contract with Dorothy Day House for an amount not to exceed $5,313,826.28 for 48 months of program operations through December 31, 2028. This contract will be funded by the Encampment Resolution Fund Round 3 grant (the acceptance of which award is also before Council on the November 19, 2024 agenda) for the first two years. Extending beyond the first two years will require additional funding; consistent with the guidance from the Budget and Finance committee on January 31, 2024, years 3-4 would need to be covered by Measure P. The City will allocate $1,499,997.32 in the first year of operations and $1,271,276.32 for each year after, for a total of $2,771,273.64 of the $5.4M Encampment Resolution Fund Round 3 (ERF-3) grant and an additional $2,542,552.64 in Measure P to maintain shelter operations through December 31, 2028.

The ERF funds will first be appropriated as part of the First Amendment to the FY 2025 Annual Appropriations Ordinance.

CURRENT SITUATION AND ITS EFFECTS
The encampments along 2 nd St in Northwest Berkeley are among the highest priority encampments in the City: they are our largest remaining encampments and pose numerous risks to community health, including heavy drug use, rodent harborage, and fire concerns. The accumulation of debris and rodent harborage conditions in the area negatively affects both the residents and the surrounding businesses. Accordingly, on September 10, 2024, the City Council voted to direct staff to prioritize these encampments, along with those on Harrison St, for closure.

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Execute DDH contract for interim housing at the Howard Johnson CONSENT CALENDAR November 19, 2024

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Prioritizing the well-being of the people who call the area home necessitates that they be assisted indoors or into places of greater safety. By developing a resource specifically tailored to the needs of the encampment, the City can assist everyone that wants a shelter bed to get indoors and work with remaining residents to identify a safer alternative. To date, we have not yet had a dedicated funding source to appropriately serve the 2 nd St encampments in their entirety (which together have an estimated 65 residents).

Given the success of the City’s use of the first two rounds of state Emergency Resolution Funding, which targeted the encampments in People’s Park and Harrison/8th by providing noncongregate, interim housing at the Rodeway Inn and Howard Johnson, respectively, staff is optimistic that this intervention will be equally successful. Since the beginning of ERF operations in May 1, 2022, over 160 individuals have been served by City ERF programs, with 64 individuals moving to permanent housing. Staff have secured a lease agreement with the owners of the Howard Johnson motel for use as interim housing for the ERF-3 grant; a lease ordinance for this project is also before the Council on the November 19, 2024 agenda.

Staff propose to provide services from Dorothy Day House for the cohort currently living in the 2 nd St encampments and is recommending that the Council authorize the City Manager to contract with Dorothy Day House for this purpose. The proposed contract with Dorothy Day House would be for $5.3M over 48 months and would cover an array of services including supportive housing navigation, housing search assistance and flexible funding to support moving and move-in expenses; three meals a day; transportation assistance; and intensive clinical case management that would help link individuals to a variety of other needed services. The City’s Homeless Response Team will partner with other nonprofits to perform extensive outreach to the people living in the encampments and will coordinate and facilitate referrals with Dorothy Day House to support Howard Johnson enrollments. The City and Alameda County will partner to provide as many housing and supportive services resources as possible (given various Federal and State regulations) to the cohort at the Howard Johnson, with the goal of ensuring that everyone at the encampment is ultimately transitioned to a permanent home.

If approved, the contract with Dorothy Day House would begin on November 12, 2024 and extend through Dec 31, 2028. Funding for the contract would come from the state’s Encampment Resolution Fund Round 3 grant and/or the City’s Measure P funds.

BACKGROUND
On January 25, 2024, the Budget and Finance Committee approved staff to apply for a third round of Encampment Resolution Funding from the California Interagency Council on Homelessness and authorized staff to include in the application a match commitment funded with Measure P dollars to continue the program through 2028 if awarded.

On January 31, 2024, staff submitted this application and on September 27, 2024, the City was awarded the full amount of its ERF Round 3 grant application.

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Execute DDH contract for interim housing at the Howard Johnson CONSENT CALENDAR November 19, 2024

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ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Helping unhoused people currently living in West Berkeley transition into interim and permanent housing placement will minimize the detrimental environmental impacts associated with encampment homelessness over the long run, including vector and fire hazards, accumulation of trash and waste, and impacts on sensitive waterways. It will also reduce negative impacts of environmental elements on the health and safety of those living in these encampments.

RATIONALE FOR RECOMMENDATION
Dorothy Day House will be the main social service provider for the proposal and is a Berkeley-born nonprofit with extensive experience, including: emergency food and shelter, interim noncongregate housing, safe RV parking, and support services to a large number of people experiencing homelessness. Dorothy Day House also has experience operating non-congregate shelter in Berkeley, as they currently operate the Beyond the Horizon shelter at the Berkeley Inn and ran another temporary shelter program at the Quality Inn in partnership UC Berkeley.

ALTERNATIVE ACTIONS CONSIDERED
None. The City of Berkeley’s current shelter crisis resolution (Resolution No. 71,155-N.S.) authorizes the City Manager to waive usual purchasing and bid requirements for the provision of emergency shelter; pursuant to this authority, and for the purpose of implementing the new ERF-3 funding as quickly as possible, staff recommend sole- sourcing this contract to Dorothy Day House.

CONTACT PERSON
Josh Jacobs, Homeless Services Coordinator, 510-225-8035.

Attachments:
1: Resolution

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RESOLUTION NO. XX,XXX N.S.

AUTHORIZING A CONTRACT WITH DOROTHY DAY HOUSE TO OPERATE INTERM

HOUSING AT THE HOWARD JOHNSON MOTEL FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $5,313,826.28 FOR THE PERIOD NOVEMBER 12, 2024 TO DECEMBER 31, 2028.

WHEREAS, the 2nd St corridor in Northwest Berkeley is currently home to several large encampments of unsheltered individuals who will need to be assisted indoors into realistic, safe, and dignified interim and permanent housing options in order to address the street conditions in the area; and
WHEREAS, the City applied for $5.4M in State of California Encampment Resolution Fund (ERF) grant funds to operate the Howard Johnson as an intensive interim housing destination for the cohort currently living in the 2nd St Northwest Berkeley encampments; and
WHEREAS, as part of this ERF application, the City secured commitments from Dorothy Day House to establish a program model at the Howard Johnson to serve and rehouse the cohort in Northwest Berkeley; and
WHEREAS, the City was awarded the full amount of their ERF application on September 27, 2024; and
WHEREAS, Dorothy Day House is an experienced provider of shelter and services to people experiencing homelessness, and is uniquely qualified to operate the Howard Johnson, currently providing noncongregate interim housing for encampment residents at the Beyond the Horizon Program at the Berkeley Inn; and WHEREAS, The City of Berkeley’s current shelter crisis resolution (Resolution No. 71,155-N.S.) authorizes the City Manager to waive usual purchasing and bid requirements for the provision of emergency shelter; pursuant to this authority, and for the purpose of implementing the new project as quickly as possible, staff recommend sole-sourcing this contract to Dorothy Day House.

NOW THEREFORE, BE IT RESOLVED that the Council of the City of Berkeley authorizes the City Manager to enter into a contract and all necessary amendments for the period November 12, 2024 - December 31, 2028, with Dorothy Day House for operating a noncongregate interim housing program at the Howard Johnson motel.

BE IT FURTHER RESOLVED that the contract amount will not exceed $5,313,826.28.

Contract payments will be paid from the Encampment Resolution Fund grant monies and/or Measure P general fund dollars.

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November 19, 2024

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BE IF FURTHER RESOLVED that an advance payment of $749,998.66 (50% of the FY25 annual allocation) will be advanced prior to contract execution to cover staffing and operating costs. A recorded signature copy of said contract and any amendments will be on file in the City Clerk Department.

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RECOMMENDATION
Adopt a Resolution authorizing the City Manager to receive a $5,395,637.04 Encampment Resolution Funding Round 3 grant award from the State of California, and to enter into contract and all necessary amendments with the State of California resulting from this funding.

FISCAL IMPACTS OF RECOMMENDATION
It is anticipated that the $5,395,637.04 state grant will fully fund two years of operations (i.e., master leasing the Howard Johnson motel and contracting with Dorothy Day House to be the service provider for the provision of interim housing for persons experiencing homelessness). Extending beyond the first two years will require additional funding.

Consistent with the guidance from the Budget and Finance Policy Committee on January 25, 2024, years 3-4 would need to be covered by Measure P general fund. The total anticipated yearly expenses for the program are as follows:
 Year 1 (November 12, 2024 – Dec 31, 2025) - $4,058,348.72 (funding source:

State ERF-3, fund 336)
 Year 2 (January 1, 2026 – Dec 31, 2026) - $1,337,288.32 (funding source:

State ERF-3, fund 336)
 Year 3 (January 1, 2027 – Dec 31, 2027) - $2,568,081.84 (funding source:

Measure P, fund 011)
 Year 4 (January 1, 2028 – Dec 31, 2028) - $2,604,895.56 (funding source:

Measure P, fund 011)
Funds will be appropriated in the First Amendment to the FY 2025 Annual Appropriations Ordinance.

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Encampment Resolution Funding Round 3 Grant Award CONSENT CALENDAR November 19, 2024

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CURRENT SITUATION AND ITS EFFECTS
Despite significant work from the City of Berkeley, there are still a considerable number of people living outside in Berkeley encampments. To help at least 26 homeless people move into noncongregate temporary housing, staff completed and submitted an application on April 30, 2024 for $5.4M in funding to support two years of operations and services to master lease the Howard Johnson, a 27-room motel located on University Avenue in West Berkeley.

The City’s Homeless Response Team, managed by the Neighborhood Services Division in the City Manager’s Office, proposes to work with Dorothy Day House to assist those living in Northwest Berkeley encampments into noncongregate interim housing at the Howard Johnson. The purpose of this funding is specifically to address and resolve encampments, and staff were required to identify encampments of focus in the grant application to the State. Howard Johnson rooms will be available to other homeless people in Berkeley should there be rooms open after focusing on Northwest Berkeley and should adequate funding remain.

The City’s application was awarded $5,395,637.04 by the State on September 27, 2024 and must be fully expended by June 30, 2027. To meet this deadline and in order to lease the Howard Johnson and contract with Dorothy Day House for services, it is important to have the City Council adopt a resolution authorizing receipt of these funds for this purpose as quickly as possible.

Creating this temporary homeless housing aligns with the City of Berkeley’s strategic plan priorities.

BACKGROUND
On November 27, 2023, the State of California’s Interagency Council on Homelessness (Cal ICH) released a Notice of Funding Availability (NOFA) for the Encampment Resolution Funding Program, Round 3, Rolling Application (ERF-3-R), a $400M statewide competitive grant opportunity to fund local demonstration projects that assist people living in encampments to safe, low-barrier, and stable housing pathways. The ERF program is intended to fund actionable, person-centered local proposals that resolve the experience of unsheltered homelessness for people residing in encampments, necessarily also addressing the safety and wellness of people within encampments, resolving critical encampment concerns, and transitioning individuals into interim shelter with clear pathways to permanent housing or directly into permanent housing, using data-informed, non-punitive, low-barrier, person-centered, Housing First, and coordinated approaches.

On January 25, 2024, City staff presented a plan, including the proposed priority encampment and a request for local Measure P match funding, to the Budget and Finance Policy Committee of the Council; the Committee voted to approve staff’s application and to include a 1:1 Measure P match commitment in the application. (Given the short time between Council’s return from Winter recess and the deadline for the grant application on

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Encampment Resolution Funding Round 3 Grant Award CONSENT CALENDAR November 19, 2024

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February 28, there was no time to bring this item before the full City Council for consideration.) Staff successfully completed and submitted the application on January 31, 2024. The City’s application was initially declined by the State on April 22, but staff addressed the State’s feedback, resubmitted the grant, and were awarded the full amount on September 27, 2024.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Helping unhoused people currently living in West Berkeley transition into interim and permanent housing placement will minimize the detrimental environmental impacts associated with encampment homelessness over the long run, including vector and fire hazards, accumulation of trash and waste, and impacts on sensitive waterways. It will also reduce the impact of these environmental elements on the health and safety of people with no shelter.

RATIONALE FOR RECOMMENDATION
With the adoption of Resolution No. 71, 513-N.S., "Encampment Policy Resolution to Promote Healthy and Safe Neighborhoods,” on Sept 10, 2024, the Council directed staff to prioritize the encampments on 2 nd St for closure. Accepting this resource and contributing local Measure P general fund as match will be critical in allowing staff to implement this direction.

ALTERNATIVE ACTIONS CONSIDERED
Alternate city funding could be considered, and/or the resolution of these encampments could be suspended.

CONTACT PERSON
Josh Jacobs, Homeless Services Coordinator, 510 225-8035 Attachments:
1: Resolution
2: Award Letter from California Housing and Community Development

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

ACCEPTING THE STATE OF CALIFORNIA’S ENCAMPMENT RESOLUTION ROUND 3 FUNDING GRANT AWARD
WHEREAS, on November 27, 2023, the State of California released a Notice of Funding Availability (NOFA) for the Encampment Resolution Funding Round 3 (ERF-3-R) Program, a Statewide, competitive $400M funding opportunity to further the State’s understanding of best practices to compassionately resolve encampments by assisting their residents into safe and stable pathways to housing; and WHEREAS, on January 25, 2024, the Budget and Finance Policy Committee of the City Council unanimously voted to approve city staff’s grant application and the inclusion of a local Measure P match commitment in that application; and WHEREAS, on January 31, 2024, staff submitted a grant application to the ERF requesting $5.4M to support 4 years of operations for the Howard Johnson on University Avenue in Berkeley to operate as noncongregate shelter; and WHEREAS, staff propose the use of the Howard Johnson motel as noncongregate interim housing for individuals currently residing in Northwest Berkeley encampments; and
WHEREAS, the City’s Homeless Response Team will partner with Alameda County and other nonprofit organizations to assist those individuals living in Northwest Berkeley encampments into the Howard Johnson and onto pathways to stable housing; and WHEREAS, the University of California, San Francisco’s Benioff Homelessness and Housing Initiative will partner with the City to perform evaluative research on this program, to better advance knowledge and best practices on effectively and compassionately ending encampment homelessness; and
WHEREAS, the City Manager was notified on September 27, 2024 that the City’s ERF- 2 application will be funded at the full amount, supporting two years of operations and services for the shelter program at the Howard Johnson motel.

NOW THEREFORE, BE IT RESOLVED that the Council of the City of Berkeley authorizes the City Manager to accept and receive an award from the State of California, and to enter into contract and all necessary amendments with the State, for $5,395,637.04 in Encampment Resolution Funding grant funding, fund 336, with funds to be appropriated in the First Amendment to the FY 2025 Annual Appropriations Ordinance.

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STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
651 Bannon Street
Sacramento, CA 95811
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov

September 27, 2024

Josh Jacobs
Homeless Services Coordinator
City of Berkeley
City Manager's Office, Neighborhood Services Division,
Berkeley, California 94704

RE: ERF Award Announcement – City of Berkeley
#24-ERF-3-R- 100026 Award Amount: $5,395,637.04

Dear Josh Jacobs:

This award is under a media and public announcement embargo until publicly released by the California Department of Housing and Community Development (HCD) or otherwise notified by HCD staff.

HCD is pleased to announce that the City of Berkeley has been awarded an Encampment Resolution Funding award for their application under ERF Round 3R, Window 2 in the amount of $5,395,637.04.

Awardees will be able to draw down funds when the Standard Agreement is fully executed, and any general and special conditions have been cleared in writing.

HCD intends to issue a Standard Agreement within 90 days of receipt of the documentation required to execute this contract. A program representative will be in communication with you to discuss and confirm any documents needed.

Congratulations on your successful application. For further information, please contact Jeannie McKendry at [email protected] or [email protected].

Sincerely,

Megan Kirkeby
Deputy Director, Housing Policy Development Division

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CONSENT CALENDAR
November 19, 2024
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Peter Radu, Assistant to the City Manager Subject: Urgency Ordinance for Leasing the Real Property at 1512 University Avenue

RECOMMENDATION
Adopt an Urgency Ordinance to enter into a lease for the real property located at 1512 University Avenue, Berkeley for a term of 48 months.

FISCAL IMPACTS OF RECOMMENDATION
Total costs for this lease are not to exceed $119 per room per night for 27 rooms, plus a $2,200 yearly damage deposit per room. In order to meet the State’s statutory grant expenditure requirements (50% of the grant must be spent by June 30, 2025), the City will prepay the first two years of the rent (Jan 1, 2025 - Dec 31, 2026) at a total of $2,348,060.40, as well as the first two years of the security deposit at a total of $120,582.

For the second two years, (Jan 1, 2027 – Dec 31, 2028), rent will be monthly at a rate of $102,260.15 per month for the third year and escalating 3% to $105,327.96 per month for the fourth year, and security deposit expenses will be $63,017 for the third year and escalate 3% to $64,907 for the second year. Thus, the total NTE for the lease is $5,087,623.72. The costs will be paid for using State of California Encampment Resolution Funding grant funds for the first two years (January 1, 2025 – December 31, 2026). Extending beyond the first two years will require additional funding. Consistent with the guidance from the Budget and Finance committee on January 25, 2024, years 3-4 would need to be covered by general fund revenues associated with Measure P.

These funds will be appropriated in the First Amendment to the FY 2025 Annual Appropriations Ordinance.

CURRENT SITUATION AND ITS EFFECTS
Pursuant to Article XIV of the City Charter, this urgency ordinance is needed for the “immediate preservation of the public peace, health or safety” in light of the current shelter crisis in the encampments of Northwest Berkeley. By adopting this agreement through an Urgency Ordinance, it will be possible to execute a lease with an effective date of January 1, 2025, thus allowing sufficient time to ensure those who are currently living in the encampment have a safe, indoor destination—as well as to meet the aggressive expenditure deadlines of the ERF-2 grant, which require 50 percent of the allocated grant

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Urgency Ordinance for Lease of Real Property at 1512 University Avenue CONSENT CALENDAR November 19, 2024

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award to be expended by June 30, 2025 and 100 percent of the allocated grant award to be expended by June 30, 2027.

On the November 19, 2024 agenda, Council will consider a recommendation to adopt a resolution authorizing the City Manager to contract with the State of California for roughly $5.4M in funding from the Encampment Resolution Funding grant program. Staff submitted an application to this grant opportunity on January 31, 2024, proposing to use the funds, along with local match funding provided by Measure P, to operate noncongregate interim housing at the Howard Johnson motel for the cohort of individuals currently living in the encampments along 2nd St and vicinity in Northwest Berkeley.

Staff have secured an agreement with the Howard Johnson’s ownership to lease all 27 rooms at the motel for this purpose. The proposed lease, as specified in Exhibit A attached to this report, covers 27 rooms at a flat price of $119 per room per night, as well as a yearly damage deposit not to exceed $2,200/room per room. Because the State’s long delay in awarding the funding cannot supersede the Statutory requirement to spend (not merely obligate) 50% of the grant by June 30, 2025, staff propose paying the costs of first two years of the lease ($2,348,060.40) and security deposit ($120,582) up front, for a total of $2,468,642.40 The lease contains exit clauses for the City if funding becomes unavailable and repayment clauses for the prepaid portions of the rent in the event the lease must be terminated early. Staff propose to contract with Dorothy Day House to provide the social services component of the program and are bringing that to Council in a separate report on November 19, 2024.

Increasing access to interim housing for persons experiencing homelessness is consistent with the City’s strategic priorities.

BACKGROUND
On January 25, 2024, City staff presented a plan, including the proposed priority encampment area and a request for local Measure P match funding to extend the program beyond two years, to the Budget and Finance Policy Committee of the Council; the Committee voted to approve staff’s application and to include a 1:1 Measure P match commitment in the application. (Given the short time between Council’s return from Winter recess and the deadline for the grant application on January 31, 2024, there was no time to bring this item before the full City Council for consideration.) Staff successfully completed and submitted the application on January 31, 2024 and were awarded the full amount on September 27, 2024.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental impacts associated with this lease. Providing noncongregate interim housing for those currently living in encampments will reduce the overall negative impact of encampments on Berkeley’s environment and waterways, as well as the negative impacts of environmental elements on the health and safety of those living in encampments. This lease is exempt from the California Environmental Quality

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Urgency Ordinance for Lease of Real Property at 1512 University Avenue CONSENT CALENDAR November 19, 2024

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Act (“CEQA”) under Public Resources Code Section 21080(b)(4), as a specific action necessary to prevent or mitigate an emergency, and as reflected in CEQA Guidelines, Section 15269(c).

RATIONALE FOR RECOMMENDATION
If adopted, this lease agreement will bring about the opportunity to shelter at least 26 individuals who are currently living in encampments. Adopting the agreement by Urgency Ordinance is appropriate in light of the current shelter crisis. By adopting this agreement through an Urgency Ordinance, it will be possible to execute a lease with an effective date of January 1, 2025, helping meet the ERF-3 expenditure deadlines of 50% of the grant by June 30, 2025 and 100% of the grant by June 30, 2027.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Josh Jacobs, Homeless Services Coordinator, 510-225-8035.

Attachments:

1. Ordinance

2. Exhibit A: Lease Agreement

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ORDINANCE NO. X,XXX N.S.

AUTHORIZING THE CITY MANAGER OR HER DESIGNEE TO EXECUTE A LEASE

AND ANY NECESSARY AMENDMENTS WITH SAI SHAKTI, INC, FOR REAL PROPERTY LOCATED AT 1512 UNIVERSITY AVENUE, BERKELEY, CA.

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

Section 1. The City Council finds as follows:
a. The City of Berkeley is facing an ongoing crisis of street homelessness: while unsheltered homelessness declined in Berkeley by 45% from 2022 to 2024, largely due to the success of previously leased motels used for noncongregate shelter, large and dangerous encampments in West Berkeley still remain.
b. To help address this crisis, on January 25, 2024, the Budget and Finance Policy Committee of the City Council passed a motion authorizing staff to apply to the State of California for an Encampment Resolution Funding program grant which, if funded, would provide the City with funding to master lease the Howard Johnson motel at 1512 University Ave for two years for the purposes of providing non-congregate shelter; and c. In the same January 25, 2024 motion, the Budget and Finance Policy Committee authorized staff to include two years of match funding from Measure P in the grant application, extending the total program length to 4 years; and d. City staff successfully submitted this grant on January 31, 2024, and the City was awarded $5,395,637.04 on September 27, 2024; and
e. Providing low-barrier, non-congregate interim housing options will be critical to end the unsheltered status of those currently living in dangerous Berkeley encampments; and
a. The property owner, Sai Shakti, Inc, has offered to lease the entire property (providing 26 guest rooms plus one management room for a total of 27 rooms) at 1512 University Avenue to the City for purposes of establishing a homeless shelter for four years.

Section 2. The City Manager or his designee is hereby authorized to enter into a lease and necessary amendments starting January 1, 2025 with Sai Shakti, Inc, for real property located at 1512 University Avenue on substantially the same terms as set forth in Exhibit A. The rent will be $96,390 per month, including $2,200 per room in damage funds annually, escalating 3% year- over-year for each year of the term. Lease costs will be paid for by a State of California Encampment Resolution Fund-3 grant and/or Measure P funds.

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

Section 4. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of Old City Hall, 2134 Martin Luther King Jr.

Way within fifteen calendar days of adoption, copies of this Ordinance shall be filed at each

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branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

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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
November 19, 2024
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Henry Oyekanmi, Director, Finance
Subject: Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on November 19, 2024

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

FISCAL IMPACTS OF RECOMMENDATION
Total estimated cost of items included in this report is $14,963,099 PROJECT Fund Source Amount
FY 2025 Street Maintenance and
Rehabilitation Project
127
130
133
134
501
601
616
CAP - INFR - ROADWAY/STREETS $14,963,099
Total: $14,963,099

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

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Formal Bid Solicitations and Request for Proposals
Scheduled for Possible Issuance After Council
Approval on November 19, 2024 CONSENT CALENDAR
November 19, 2024

BACKGROUND
On May 6, 2008, Council adopted Ordinance No. 7,035-N.S., amending the City Manager’s purchasing authority for services

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The Finance Department reviews all formal bid and proposal solicitations to ensure that they include provisions for compliance with the City’s environmental policies. For each contract that is subject to City Council authorization, staff will address environmental sustainability considerations in the associated staff report to City Council.

RATIONALE FOR RECOMMENDATION
Need for the goods and/or services.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Clayton Stilwell, General Services Manager, Finance, 510-981-7329 Attachments:

1. FY 2025 Street Maintenance and Rehabilitation Project Note: Original of this attachment with live signature of authorizing personnel is on file in General Services.

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NEXT 30 DAYS
DATE SUBMITTED: NOVEMBER 19, 2024
Attachment 1

SPECIFICATION
NO.

DESCRIPTION OF

GOODS /

SERVICES BEING

PURCHASED
APPROX. RELEASE
DATE
APPROX. BID

OPENING DATE

INTENDED USE ESTIMATED COST BUDGET CODE TO BE

CHARGED
DEPT. / DIVISION CONTACT NAME
& PHONE
25-11690-C FY 2025 Street
Maintenance and
Rehabilitation
Project
November 20, 2024 December 17, 2024 Maintain and rehabilitate roadways throughout City of Berkeley.
$14,963,099 127-54-623-673-0000-
000-431-665110-
PWENST2501
($2,144,303)
130-54-623-673-0000-
000-431-665110-
PWENST2501 ($127,608)
133-54-623-673-0000-
000-431-665110-
PWENST2501 ($155,000)
134-54-623-673-0000-
000-431-665110-
PWENST2501
($2,924,500)
501-54-623-673-0000-
000-431-665110-
PWENST2501
($7,486,688)
601-54-623-673-0000-
000-431-665110-
PWENST2501
($1,000,000)
616-54-623-675-0000-
000-473-665120-
PWENST2501
($1,125,000)
Public Works - Engineering Srinivas Muktevi
981-6402
Terrence Salonga
981-6447
DEPT. TOTAL
$14,963,099
TOTAL $14,963,099
1 of 1

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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
November 19, 2024
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: David Sprague, Fire Chief
Subject: Contract: Royal for Mental Health Ambulance Transport Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Royal Ambulance (Contractor) to provide the following mental health related transport services for the City from January 1, 2025 to December 31, 2027, in an amount up to $6,000,000, with an option to extend for three additional years in one-year increments, for a total contract amount not to exceed $12,000,000.

FISCAL IMPACTS OF RECOMMENDATION
The City shall compensate Contractor for the difference between the cost-of-service and corresponding revenue recovery achieved by the Contractor, less any performance penalty. City payment will occur no sooner than 180 days following Contractor’s billing of the appropriate payer(s) for each 5150 response in the Berkeley exclusive operating area (EOA).

In response to this RFP, Contractor provided a fixed cost per transport not to exceed $2,363 for the life of the agreement. Based on historical data, staff expect to request around 1200 transports per year. Prior to any cost recovery this would result in an annual cost to the City of $2,835,000.

In FY20 1084 mental and behavioral health patients were transported by the city’s private contract provider (Falck). In the following years, the number of transports has been trending downward. In FY23 there were 889 transports for mental and behavioral health patients in Berkeley, resulting in a cost to the city of $1,361,754.

The actual annual cost to the City will vary depending on the number of transports performed by the Contractor and the amount recovered through the Contractor’s cost recovery process. Based on historical data, staff expects the annual City liability, post cost recovery by the Contractor, to be less than $2 million. Funding for this contract will come from General Fund Measure P and General Fund not associated with Measure P.

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Contract: Royal for Mental Health Ambulance Transport Services CONSENT CALENDAR November 19, 2024

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FY Total Transports Total Charged
(to insurance)
Total Collected
(by vendor)
Total Invoiced
(to CoB)
FY20 1084 2.2m 0.5m 1.7m
FY21 1041 2.1m 0.5m 1.6m
FY22 934 1.9m 0.4m 1.5m
FY23 889 1.8m 0.4m 1.4m
The Department has provided the proposed vendor with instructions on how to process cost recovery. The methodology is in alignment with the cost recovery policies for City of Berkeley ambulance transports. The Department has monitored the cost recovery performance for the Mental Health Ambulance Transport provider to ensure it meets the expected performance, this will continue with the new proposed vendor.

CURRENT SITUATION AND ITS EFFECTS
A subset of ambulance transports are for people experiencing psychiatric emergencies.

These clients are contacted by the Specialized Care Unit (SCU), a Police Officer, a member of Berkeley Mental Health’s Mobile Crisis Team, or other mental health professional. If it is determined that the patient requires further treatment and transport by ambulance, the City’s contracted 5150 transport provider is requested and responds.

According to the California Code of Regulations (CCR), 5150(a) “When a person, as a result of a mental health disorder, is a danger to others, or to himself or herself, or gravely disabled, a peace officer, …designated members of a mobile crisis team, …may, upon probable cause, take, or cause to be taken, the person into custody for a period of up to 72 hours for assessment, evaluation, and crisis intervention, or placement for evaluation and treatment in a facility designated by the county for evaluation and treatment...”.

BACKGROUND
Since 2002, the private ambulance provider for the Alameda County exclusive operating area (EOA) provided transport for non-emergency mental and behavioral health patients in Berkeley and the other three cities that have exclusive operating areas (EOA) for ambulance service in Alameda County. The four city EOAs correspond with the fire departments that started providing emergency ALS ambulance response and transport prior to 1980.

In 2017, the Alameda County Local Emergency Medical Services Authority (LEMSA) conducted a Request for Proposal (No. EMS-901017 Emergency Ambulance Service, 911 Response, ALS Transport) to select a private ambulance transport provider that would provide emergency medical transport services to Alameda County except Berkeley, Alameda City, Albany and Piedmont. When the new contract for Alameda County went into effect on July 1st, 2019 the City was forced to assume responsibility for the transport and cost of transport for mental and behavioral health patients in Berkeley as this requirement was removed from the RFP by the LEMSA.

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Contract: Royal for Mental Health Ambulance Transport Services CONSENT CALENDAR November 19, 2024

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Berkeley Mental Health Transport Contract History
On March 21, 2019, a Request for Proposal (RFP) for Mental Health Patient Transport, Specification No. 19-11305-C, was issued by the City of Berkeley. The RFP closed on April 23, 2019. One (1) bid was received and reviewed by staff and was found to meet the requirements of the RFP and the contract was awarded to Falck Northern California.

This contract will expire on December 31, 2024.

The Fire Department has long-term plans to expand its ambulance fleet, and hire staff to be able to handle 5150 transports internally. This expansion will occur when the ambulance deployment center is completed that will be housed in the new Fire Department Headquarters (Fire HQ). There is no space to house additional personnel or ambulances in any current facility. The process to identify a new Fire HQ process has been underway since 2020. The move in date for the ambulance deployment center is yet to be determined, but is not expected to occur before January 2027.

On April 15th 2024, a Request for Proposal (RFP) for Mental Health Patient Transport, Specification No. 24-11662-C, was issued. The RFP closed on May 7th, 2024 with three (3) bids that were received and reviewed by staff. Royal Ambulance was found to be the most responsive bidder and is proposed as the City’s new 5150 transport provider.

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

RATIONALE FOR RECOMMENDATION
The Fire Department is unable to absorb mental health transports with its current fleet and personnel due to existing call volume and 911 system workload, measured using Unit Hour Utilization.

Unit Hour Utilization (UHU)
Unit Hour Utilization (UHU) is a calculation that measures the amount of time a transport unit is staffed, on duty, and able to provide emergency response and transport of patients in a given period of time. UHU provides a standardized, shorthand way to measure workload levels in the system and to allow comparison to other systems.

A call for service is comprised of the actual time an ambulance would be committed to providing response, triage, treatment, and transport of the patient, and then cleaning the ambulance and completing the required paperwork. During this time, the ambulance is unable to respond to other emergencies or participate in training.

UHU itself is straightforward. It's calculated by dividing the average time per transport by the number of "unit hours," with one-unit hour defined as a fully equipped and staffed vehicle that is in-service and available for calls in the EMS system.

Accurately measuring UHU helps the Department demonstrate that its system is providing the community exceptional value and helps leaders determine when and what type of resources need to be added.

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Contract: Royal for Mental Health Ambulance Transport Services CONSENT CALENDAR November 19, 2024

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According to a paper written by Daniel R. Smiley who at the time was the Acting Director of the State of California Emergency Medical Services Authority, “the ambulance industry has utilized the following general scale when evaluating overall unit hour utilization.” (Smiley, 2011)
A higher UHU means a busier system and lower availability for calls. Poor availability can increase response times, result in lost revenue to the City, and impact employee morale and mental health. Balancing unit availability to the anticipated call volume must be accomplished while maintaining fiscal prudency and system effectiveness.

Unit Hour Utilization Range
.55 - .45 – High Utilization
.45 - .35 – Above Average Utilization
.35 - .25 – Average Utilization
.25 - .15 – Below Average Utilization
.15 - .01 – Low Utilization
In 2024 the City completed the first Standards of Coverage and Community Risk Assessment. The contractor, Citygate LLC reported that a unit-hour utilization of 30 percent or higher over multiple consecutive hours becomes the point at which other responsibilities do not get completed.

The following table illustrates a unit-hour utilization summary for the City’s ambulances.

M5, M2, and M1 each have several hours of 50 percent utilization and Medic 5 and Medic 2 each have one hour over 60 percent utilization and at least 13 consecutive hours at or above 30 percent utilization.

Three of the ambulance units exceeded a 30 percent threshold for long periods of time during consecutive daylight hours in the time period studied. Another indication of system saturation became evident when the Department was forced to call for ambulance transport mutual aid over 800 times in calendar year 2023.

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Contract: Royal for Mental Health Ambulance Transport Services CONSENT CALENDAR November 19, 2024

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Hour M5 M2 M1 M3
00:00 22.87% 17.48% 12.56% 9.32%
01:00 22.85% 15.75% 19.46% 9.27%
02:00 17.34% 16.40% 17.53% 7.35%
03:00 13.61% 16.98% 10.92% 4.04%
04:00 8.71% 14.86% 18.86% 6.86%
05:00 13.06% 14.24% 8.26% 3.46%
06:00 8.95% 13.17% 16.14% 2.94%
07:00 25.50% 34.83% 33.70% 12.56%
08:00 48.33% 29.77% 33.16% 15.43%
09:00 44.71% 39.61% 38.97% 27.70%
10:00 48.82% 45.75% 42.94% 33.54%
11:00 51.40% 60.08% 41.92% 34.01%
12:00 49.60% 55.48% 42.34% 27.61%
13:00 51.46% 44.70% 54.43% 42.82%
14:00 65.37% 47.39% 56.38% 36.85%
15:00 45.36% 37.26% 52.01% 28.99%
16:00 52.28% 54.10% 44.79% 36.74%
17:00 41.93% 46.57% 42.89% 27.86%
18:00 48.24% 46.87% 35.45% 25.95%
19:00 31.61% 34.82% 42.09% 19.44%
20:00 30.19% 34.40% 38.01% 15.91%
21:00 22.49% 30.65% 26.78% 17.02%
22:00 26.16% 22.41% 23.65% 11.37%
23:00 21.09% 26.63% 25.70% 6.88%

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Contract: Royal for Mental Health Ambulance Transport Services CONSENT CALENDAR November 19, 2024

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ALTERNATIVE ACTIONS CONSIDERED

1. Creation of Basic Life Support (BLS) Ambulance Division: This option appears to be the best solution and requires reorganization of the Fire Department, a long-term project which is underway. The City has already created a new classification for Emergency Medical Condition (EMT) and is in the process of leasing a new Fire Headquarters that will house an ambulance deployment center. The deployment center must be operational prior to program launch.

2. Transport by an EMT and Mental Health Worker: The legal authority to place a person on an involuntary psychiatric hold lies with the police, mental health professionals, and physicians. Berkeley Mental Health, the SCU, and Berkeley Police are the primary contacts with the patient population in question. An alternative to EMT ambulance transport is a model that would provide an EMT and a Mental Health Provider, similar to the SCU, that would transport to John George. This adds significant cost due to the higher salaries of licensed mental health providers.

3. Transport by Berkeley Police: At times, police officers transport clients on a 5150 hold to John George Pavilion. This option is out of alignment with Council and community priorities and would remove police officers from Berkeley for extended periods of time.

4. Assumption of Psychiatric Calls by Current Deployment/Staffing: This option would result in a UHU for the current ambulances that would literally be off the chart according to the industry standards defined by Dr. Smiley, above. The impacts to increasing UHU by absorbing psychiatric transports would result in less time for responding to other emergencies and further exacerbate the City’s unbalanced reliance on ambulances mutual-aid. Note that in CY2023 the City requested ambulance mutual aid over 800 times resulting in 211 transports by other ambulance providers.

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

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

CONTRACT: ROYAL FOR MENTAL HEALTH AMBULANCE TRANSPORT SERVICES WHEREAS, the City of Berkeley has exclusive operating area (EOA) rights for ambulance service within Berkeley City limits as it has been providing emergency ALS ambulance response and transport prior to 1980; and
WHEREAS, a subset of ambulance transports are for people experiencing psychiatric emergencies; and
WHEREAS, since 2002, the private ambulance provider for the Alameda County exclusive operating area (EOA) provided transport for non-emergency mental and behavioral health patients in Berkeley; and
WHEREAS, on July 1st, 2019 the City was forced to assume responsibility and the associated costs for mental and behavioral health transports for patients in Berkeley when the Alameda County Local Emergency Medical Services Authority (LEMSA) removed this requirement from the County’s private transport provider; and WHEREAS, in 2019 after the City conducted a solicitation, Falck Northern California was selected as the most responsive bidder and has been providing that service, this contract will expire on December 31, 2024, and
WHEREAS, on April 15th 2024, a Request for Proposal (RFP) for Mental Health Patient Transport, Specification No. 24-11662-C, was issued, three (3) bids that were received and reviewed by staff, and Royal Ambulance was found to be the most responsive bidder.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager execute a contract and any amendments with Royal Ambulance (Contractor) to provide the following mental health related transport services for the City from January 1, 2025 to December 31, 2027, in an amount up to $6,000,000, with an option to extend for three additional years in one-year increments, for a total contract amount not to exceed $12,000,000.

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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
November 19, 2024
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Scott Gilman, Director, Health, Housing, and Community Services Subject: Contract No. 32300144 Amendment: Resource Development Associates for Specialized Care Unit (SCU) Evaluation

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or his designee to amend Contract No. 32300144 with Resource Development Associates (RDA) to add $40,000 for a not-to- exceed total contract amount of $290,000.

FISCAL IMPACTS OF RECOMMENDATION
This amendment will add $40,000 for a total not-to-exceed amount of $290,000.

Funding for the RDA contract for the Specialized Care Unit (SCU) evaluation will be made available in the FY2025 budget in One-Time Grant (Fund 336) and General Fund 011 via the Annual Appropriations Ordinance (AAO) process.

CURRENT SITUATION AND ITS EFFECTS
Amending the RDA contract for the SCU evaluation is a Strategic Plan Priority Project, advancing our goal to champion and demonstrate social and racial equity. The additional funds will allow RDA to expand their scope of the pre-existing retrospective SCU evaluation to include broader community outreach and engagement to provide feedback on the SCU pilot program. The current retrospective evaluation includes data collection and focus groups. This expanded scope will provide opportunity for RDA to incorporate direct community feedback into the retrospective program evaluation for the SCU, which is a key component to measure the success of the SCU program in Berkeley.

BACKGROUND
In Fall 2020, as a part of the broader initiative to Reimagine Public Safety, Resource Development Associates (RDA) was selected through a competitive bid process to provide extensive research, community engagement, and recommendations to design a Specialized Care Unit that would fit community needs of Berkeley. This project created the framework for the Specialized Care Unit and provided critical background for a broader crisis needs assessment. This interview and needs assessment process involved working across multiple Berkeley stakeholder groups with service utilizers, and

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Contract No. 32300144 Amendment: Resource Development Associates for CONSENT CALENDAR Specialized Care Unit Evaluation November 19, 2024

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in-depth research regarding crisis response systems to best inform behavioral crisis response model. At the end of the project, RDA published three reports (Crisis Response Model, Mental Health Crisis Response Services, and Stakeholder Perspectives Report) to inform the design of the Specialized Care Unit, as well as also analyze the crisis response landscape in Berkeley.

These consolidated reports provide the backbone to the rigorous retrospective evaluation for the SCU program in Berkeley. The retrospective evaluation will analyze data from September 2023 through November 2024, and also include key informant interviews and focus groups with key SCU stakeholders such as City of Berkeley staff, SCU Steering Committee members, and Bonita House program management and staff.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
No environmental sustainability and climate impacts directly associated to this recommendation have been identified.

RATIONALE FOR RECOMMENDATION
The added community engagement aligns with the original intent of the SCU program to be a community-driven process. Adding this type of outreach will broaden the feedback and allow RDA to better assess the success of the SCU pilot program in Berkeley.

ALTERNATIVE ACTIONS CONSIDERED
The City could choose to go through another competitive bidding process to identify a separate vendor to perform this data analysis. However, RDA’s existing level of knowledge and alignment with their current scope of work makes it impossible for another firm to match, so this approach is not recommended.

CONTACT PERSON
Scott Gilman, Director, HHCS, 510-981-5404
Attachment:

Resolution

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

CONTRACT NO. 32300144 AMENDMENT: RESOURCE DEVELOPMENT

ASSOCIATES FOR SPECIALIZED CARE UNIT PROGRAM EVALUATION WHEREAS, Contract #32300144 was awarded to Resource Development Associates (RDA) to design and implement an evaluation for program effectiveness of the Specialized Care Unit (SCU); and
WHEREAS, through Contract #32300144 RDA has been creating an evaluation plan for the SCU in collaboration with the City and key stakeholders and conducting initial data evaluation to evaluate program effectiveness in Berkeley; and WHEREAS, $40,000 was allocated to add community engagement and feedback to the retrospective evaluation to enhance the analysis of SCU program effectiveness; and WHEREAS, RDA is the most qualified consultant to receive the additional funding to add this scope to their evaluation design.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or his designee is authorized to amend the SCU evaluation Contract No. 32300144 with RDA by adding $40,000 for a not-to-exceed amount of $290,000.

Funding will be made available in the FY2025 budget in the One-Time Grant Fund (Fund 336) and General Fund 011 via the Annual Appropriations Ordinance process.

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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
November 19, 2024
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Scott Gilman, Director, Health, Housing and Community Services Subject: Request for Proposals for Housing Trust Fund Rehabilitation Projects

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to release a Request for Proposals (RFP) for approximately $6 million in Housing Trust Fund (HTF) program funds to support the rehabilitation of existing affordable rental housing developments in the City’s HTF portfolio, to certify Community Housing Development Organizations (CHDO), and to award CHDO operating support.

FISCAL IMPACTS OF RECOMMENDATION
There is approximately $6 million currently available for this RFP to support rehabilitation projects, which consists of $1.2 million in federal HOME funds (Fund #310) and $4.8 million in Housing Trust Fund program funds (which may include Funds #120, #122, #123, and #302). In addition to the rehabilitation funds, a total of $60k per year for a five-year period is available in CHDO Operating Support. The annual allocation of $60k consists of $30k in HOME funds and $30k in matching funds (Fund # 501). All funds allocated through this RFP would be subject to appropriation through an Annual Appropriations Ordinance or the budget process.

CURRENT SITUATION AND ITS EFFECTS
The City’s portfolio of affordable housing developments funded through the HTF program includes older properties with growing capital improvement needs. Many projects have limited cash flow, making it difficult for project owners to keep up with capital needs. The City has a balance of approximately $1.2 million in HOME funds (including unallocated program income). Of that, nearly $640k must be committed to a HOME-eligible project by December 2025 or the funds may be subject to recapture by the federal government. The City can meet its HOME commitment deadline and support its portfolio projects by issuing an RFP that prioritizes HOME-eligible rehabilitation projects.

Because a portion of the City’s HOME funds must be awarded to CHDOs, this RFP would also serve to certify qualified organizations. Certified CHDOs are eligible to receive annual operating support from the City, which would also be approved through

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Request for Proposals for Housing Trust Fund Rehabilitation Projects CONSENT CALENDAR November 19, 2024

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this process. The City currently allocates $60k per year to support CHDOs, and that funding would be split amongst all certified CHDOs.

The RFP would also prioritize rehabilitation that addresses critical health and safety issues. Non-CHDO property owners of existing affordable housing developments in the HTF portfolio are encouraged to submit proposals to address deferred maintenance or capital improvements that satisfy health and safety needs and meet the criteria of the RFP.

BACKGROUND
The City receives an annual allocation of HOME funds from the federal Housing and Urban Development Department (HUD). HUD requires that HOME funds are “committed” (in a contract) within 24 months of the City’s receipt of the funds. In recent years, HUD has waived those deadlines, but unless the deadline is extended again, the City’s oldest HOME funds will need to be committed by December 2025.

To meet that deadline, the City needs to identify a HOME-eligible project (one that has secured all other financing and is ready to start construction within 12 months) and execute a loan agreement with a qualified nonprofit developer.

A portion of the City’s HOME funds are reserved for nonprofits that the City certifies as CHDOs. Because the City’s annual allocation of HOME funds is relatively small ($500k-$700k in recent years), and because federal funding carries more stringent requirements than local funds, the City’s practice is to award its HOME funds exclusively to certified CHDOs. CHDOs meet HUD standards for financial management, experience, capacity, and board composition. The City would enter into five-year contracts with each certified CHDO to provide operating support for a five-year cycle. The organizations would need to recertify as CHDOs on an annual basis for the duration of the contract period to maintain eligibility for operating support and HOME development funds.

In the last two years City staff have observed, through their monitoring visits of 34 HTF properties, an increasing need for funding to address capital improvements. While the properties are generally in good physical condition, City staff have noted signs of deferred maintenance across the board, from small 8-unit developments to the larger 50+ unit projects. Property owners are typically able to address the most immediate health and safety needs, but are challenged with finding sufficient funds to address larger and more costly capital improvements. State funding prioritizes the production of new units, and there are limited sources of funding for preservation of existing affordable housing. The funds through this rehabilitation RFP could leverage the property’s replacement reserves and would allow property owners to undertake much- needed capital improvements.

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Request for Proposals for Housing Trust Fund Rehabilitation Projects CONSENT CALENDAR November 19, 2024

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ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no environmental sustainability impacts associated with issuing an RFP.

The rehabilitation of affordable infill housing is generally considered a more sustainable type of development activity.

RATIONALE FOR RECOMMENDATION
An RFP will help the City identify a HOME-eligible project and meet the HOME commitment deadline of December 2025, preventing the potential forfeiture of federal housing funds. It will provide the opportunity for one or more existing affordable housing developments in the HTF portfolio to address deferred maintenance and capital needs.

ALTERNATIVE ACTIONS CONSIDERED
Staff considered allowing applications for new construction projects through the RFP.

However, a new construction project would not help the City meet its HOME commitment deadline.

CONTACT PERSON
Lourdes Chang, Senior Community Development Project Coordinator, HHCS, (510) 981-5263
Attachments:
1: Resolution

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

REQUEST FOR PROPOSALS FOR HOUSING TRUST FUND REHABILITATION

PROJECTS
WHEREAS, City Council established a Housing Trust Fund Program (the "HTF Program") to assist in the development and expansion of housing affordable to low- and moderate- income persons who either work or reside within the City of Berkeley; and WHEREAS, the HTF Program has an aging portfolio of City-funded affordable housing developments that need additional funds to address critical health and safety issues and support the ongoing operations; and
WHEREAS, the HTF Program has approximately $6 million in uncommitted funds available to support affordable housing projects; and
WHEREAS, approximately $1.2 million of the HTF Program funds are federal HOME funds, which are subject to federal commitment deadlines; and WHEREAS, a portion of the City’s HOME funds must be committed to a project developed by a certified Community Housing Development Organization (CHDO); and WHEREAS, the City provides approximately $60k in annual operating support that is split amongst its certified CHDOs; and
WHEREAS, the City intends to issue a Request for Proposals (RFP) to solicit funding request to support the rehabilitation of HTF properties; and WHEREAS, the RFP will prioritize HOME-eligible projects and projects with documented health and safety needs and
WHEREAS, the RFP will also give nonprofit organizations the opportunity to certify as a CHDO, and apply for CHDO operating support funds.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager (or their designee) is authorized to release an RFP for rehabilitation of HTF projects with the approximately $6 million of the City’s unallocated HTF Program funds.

BE IT FURTHER RESOLVED that the Request for Proposals may include certification of qualified CHDOs, and requests for CHDO operating support.

BE IT FURTHER RESOLVED that City Manager (or their designee) will return to City Council with recommendations for funding.

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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
November 19, 2024
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Scott Gilman, Director, Health, Housing & Community Services Subject: Revenue Contract: 2025 Community Services Block Grant

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or his designee to accept the 2025 Community Services Block Grant (CSBG) to provide services for low-income people for the period January 1, 2025 to April 30, 2026.

FISCAL IMPACTS OF RECOMMENDATION
Berkeley’s CSBG contract for the period of January 1, 2025 to April 30, 2026 (Fund 334-51-504-530-0000-000-000-431110334) is anticipated to be released in November 2024, the exact amount is not yet known. The CSBG allocation amount is included in the City’s anti-poverty Community Action Fund and supports oversight and management of anti-poverty funds within the Health, Housing and Community Services Department. The CSBG program operates on the calendar year, therefore this amount represents one-half of the City’s FY 2025 CSBG allocation and one-half of the City’s FY 2026 CSBG allocation. The additional appropriation will be made as part of the Second Amendment to the FY 2025 Annual Appropriations Ordinance.

CURRENT SITUATION AND ITS EFFECTS
The City of Berkeley is a Community Action Agency (CAA) and therefore receives CSBG to support anti-poverty programs from the State of California. CSBG funds are part of the federal Department of Health and Human Services budget passed through the State to local CAAs. Historically, the City of Berkeley has awarded CSBG funds to community service programs.

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

At its September 18, 2024 meeting, the HWCAC passed a motion to recommend that the City accept the CSBG Funds and contract for 2025 (M/S/C: Lara Cruz/Sol. Ayes –

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Revenue Contract: 2025 Community Services Block Grant CONSENT CALENDAR November 19, 2024

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Behm-Steinberg, Bohn, Gaona, Huchting, Lara Cruz, Lippman, Sol. Noes – None; Abstain – None; Absent – None.

Adopting this resolution now, will allow staff to execute the contract in a timely manner as requested by the State of California.

BACKGROUND
CSBG supports the City of Berkeley’s anti-poverty efforts at a minimum funded level. In 2021, the award was $275,106, and in 2022 the award slightly decreased to $274,202.

In 2023 the award increased to $312,302, and in 2024 decreased to $299,495. CSBG funds complement anti-poverty General Funds which are used for other critical community services, including disability and senior services, medical care, childcare, and additional homeless services.

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

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

ALTERNATIVE ACTIONS CONSIDERED
Rejecting CSBG funding would reduce funding for services to low-income Berkeley residents. This would negatively impact low-income services in Berkeley.

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

Attachments:
1: Resolution

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

REVENUE CONTRACT: 2025 COMMUNITY SERVICES BLOCK GRANT (CSBG) WHEREAS, the City of Berkeley is a Community Action Agency and receives CSBG funds as the Berkeley Community Action Agency to support anti-poverty programs; and WHEREAS, the Human Welfare and Community Action Commission (HWCAC) acts as an advisory tri-partite Board to the Council providing public participation in the governing process; and
WHEREAS, at the September 18, 2024 HWCAC meeting a motion was passed recommending that the City accept the 2025 CSBG funds; and WHEREAS, this CSBG revenue contract is for the period of January 1, 2025 to April 30, 2026, with the option to extend the contract period and/or accept amendments that either increase the contract amount and/or update contract terms (budget code 334-51- 504-530-0000-000-000-431110); and
WHEREAS, the funds have historically been used to support anti-poverty services and to support City of Berkeley oversight and management of anti-poverty programs (budget code 334-51-504-530-0000-000-444-Various to 334-51-504-535-0000-000-444- Various).

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or his designee is authorized to accept the 2025 Community Services Block Grant funds, and execute any resultant agreements and amendments including amendments that may decrease or increase the contract amount or add discretionary funding, or to change the contract term, or to update contract terms, to provide low-income services for the time period January 1, 2025 to April 30, 2026, with the option to extend the contract period as amended by the California State Department of Community Services and Development. A record signature copy of said agreement and any amendments shall be on file in the office of the City Clerk.

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Office of the City Manager

CONSENT CALENDAR
November 19, 2024
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Kevin Fong, Director, Information Technology Subject: Contract No. 112798-1 Amendment: Geographic Technologies Group for Geographic Information System (GIS) Strategic Workplan

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to amend Contract No. 112798-1 with Geographic Technologies Group (GTG) for Geographic Information System (GIS) professional services, for a total not to exceed $50,000 and for a total contract value of $549,411 from September 14, 2016 to June 30, 2026.

FISCAL IMPACTS OF RECOMMENDATION
One-time funding for this project in the amount of, $50,000 is available in the Department of Information Technology’s FY25 IT Cost Allocation Fund, #680.

FY 2025: 680-35-377-6002-000-472-612990$50,000 (IT Cost Allocation, GIS, IT Professional Services) $50,000 Total FY 2025 Professional Services

CURRENT SITUATION AND ITS EFFECTS
The City’s Graphical Information Systems (GIS) plays a vital role in the City’s day to day operations. GIS enables staff to view information in a map-based format to perform analysis, identify trends, and make informed decisions that improve service delivery to the community. The usage of these systems spans across nearly all departments including Public Safety (Police and Fire), Public Works, and Planning departments.

The 2017 GIS Master Plan was produced with the expectation that the entire plan be redone in totality every five years (§3.0, pg 390), which is now overdue. The City requires additional spending authority to develop a new comprehensive two-year strategic GIS work plan to review and expand upon the 2017 GIS Master Plan , assessing the City’s current GIS capabilities, benchmarking its GIS maturity level, identifying gaps, and providing a detailed, step-by-step action plan to guide the City’s development over the next two years.

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Contract No. 112798-1 Amendment: GTG for Master Plan Update CONSENT CALENDAR November 19, 2024
This effort aligns with the City’s strategic goal to be a customer-focused organization that provides excellent, timely, easily-accessible service and information to the community.

BACKGROUND
In May 2016, the City issued a Request for Proposals (RFP) for a Geographical Information Systems (GIS) Master Plan under Specification No.16-11041-C. Of the nine responses, Geographic Technology Group (GTG) best met the City’s operational, technology, and fiscal requirements.

The GIS Master Plan development and planning process was a citywide effort involving key staff representing many departments. GTG conducted surveys, interviews and onsite workshops with city staff to do an assessment and analysis of the City’s current Enterprise GIS. GTG evaluated the readiness of existing system infrastructure (hardware, software, and network) to support enterprise GIS and maintain service during disasters, assessed parcels and address data sets to meet GIS business needs and Enterprise authoritative source requirements, and developed a governance plan that outlines the administration, maintenance, and support for the enterprise GIS. This effort resulted in the 2017 GIS Master plan.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
This project will move the City forward in attaining its goals of becoming a viable environmentally sustainable city. GIS information optimizes efficiency, reduces operational costs and promotes reduction in fossil fuel consumption. For example, Public Works using GIS to optimize waste collection throughout the City. These technologies align with the city's goal to reduce greenhouse gas emissions by 2050 to 80% below 2000 levels per Climate Action Plan goals.

In addition, Geographic Technologies Group will conduct all of their work remotely, saving both travel costs and greenhouse gas emissions related to travel.

RATIONALE FOR RECOMMENDATION
Geographic Technologies Group is well versed in the requirements for public sector GIS.

GTG has created and implemented over 200 comprehensive GIS Master Plans for local government. Other clients include the California cities of Concord, Pasadena, West Sacramento, West Hollywood and Roseville.

GTG created a detailed GIS Master Plan in 2017 which provided the City with a 5-year strategy, direction, and workplan which the City successfully completed. The City wants to partner with GTG again to review the City’s current status, identify where the industry is currently headed and how the City can take advantage of the new tools, and develop a detailed two-year workplan.

GIS technologies are powerful tools for improving the quality, accuracy, efficiency, and responsiveness of government services provided by the City of Berkeley. An Enterprise GIS guides a citywide approach to GIS, focused on:

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Contract No. 112798-1 Amendment: GTG for Master Plan Update CONSENT CALENDAR November 19, 2024
 Using mutually accepted standards, policies, and business practices;  Encouraging collaborative GIS efforts among City, government, and related organizations;
 Integrating GIS technologies into City business operations;  Supporting emergency and disaster planning, response, and recovery; and  Maximizing the cost-effectiveness of GIS investments.

The GIS Steering Committee established the Enterprise GIS Program in 2008 and provides central shared resources to support these goals. The program currently includes the following GIS services: Data Services, Online Mapping Services, Applications, Software License Management, and Training and Support.

ALTERNATIVE ACTIONS CONSIDERED
Staff considered building this plan without GTG, however staff believes it would be beneficial to get an outside perspective and expertise that could bring with them industry best practices and experience working with other local municipalities to help build upon the framework that the City can use for the next two years and beyond.

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

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Contract No. 112798-1 Amendment: GTG for Master Plan Update CONSENT CALENDAR November 19, 2024
RESOLUTION NO. ##,###-N.S.

CONTRACT NO. 112798-2 AMENDMENT:

GEOGRAPHIC TECHNOLOGIES GROUP FOR GIS PROFESSIONAL SERVICES WHEREAS, on May 12, 2016, the City issued a Request for Proposals (RFP) for a Geographical Information Systems (GIS) Master Plan (Specification No.16-11041-C) and received nine qualifying vendor responses; and
WHEREAS, the RFP review committee evaluated each proposal and determined that the Geographic Technologies Group proposal best met the City’s operational, technological, and fiscal requirements; and
WHEREAS, on November 02, 2016, the original contract was signed to develop a GIS Master Plan; and
WHEREAS, on September 08, 2017, the original contract was amended to include additional tasks to conduct a comprehensive GIS data assessment, deploy a web-based public facing GIS portal, develop GIS policies and SOPs for the City, and establish a one- year GIS work plan; and
WHEREAS, on September 10, 2019 the contract was amended to add two additional projects to enhance the functionality of recently deployed GIS Community portal, and a comprehensive inventory of the City of Berkeley’s parks system to prepare for upcoming work order; and
WHEREAS, on August 3, 2020, the contract was amended to add two additional projects to digitize Park boundaries and land use and to set up a web and dashboard applications for City of Berkeley GreenCity GIS software; and
WHEREAS, on November 30, 2021, the contract was amended to add three additional projects to implement the Berkeley Parcel Condition Widget, ArcGIS Hub, and Crime Mapping solution; and
WHEREAS, the 2017 GIS Master Plan, §3.0 “GIS SUSTAINABILITY” recommends the entire plan should be redone in totality every five years; and WHEREAS, funding for this project in the amount of, $50,000 is available in the Department of Information Technology’s Fiscal Year FY 2025 Cost Allocation fund.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a contract amendment with Geographic Technologies Group (GTG) for Geographic Information System (GIS) professional services, for a total not to exceed $50,000 and for a total contract value of $549,411 from September 14, 2016 to June 30, 2026

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Berkeley City CouncilNovember 19, 2024

Berkeley City Council
November 19, 2024