Agenda packet — Berkeley City Council, June 27, 2023 (part 3 of 6)

Page 294 ends

BANCROFT WAY

PIEDMONT AVENUE
[BUS STOP] Rt
R1-1 (18" x 18"), R1-3P

FACING EB ON SLP
2 R26F (CA) 1
[goBerkeley 2 HR (MULTI-SPACE)]1
R99 (CA)Rt
[goBerkeley 2 HR (MULTI-SPACE)]
3 RS
R10-15L (MOD2)

FACING WB
1 R1-3P

FACING SB
2 R1-3P

FACING NB
2 5
TYP.

TYP.

MOD.
18' RED1
119' RED122' BLUE1

0.5'
10'±11.5'
5'5'
±
4'
22'
14' GREY
10 15
9 1
1 6' WHITE
1 6' WHITE
1 6' WHITE
26 24
13 4' LINE, 8' GAP
TYP. 20
H:\F0000\F0085_P_Berkeley Southside Complete Streets Project\PRODUCTION\CAD\PLANS\F0085_TP.dwg 3/22/2023
1322 WEBSTER ST, SUITE 208
OAKLAND, CA 94612
PHONE: 510.298.0740
FAX: 301.927.2800
www.tooledesign.com
N
MATCHLINE - SEE SHEET TP-09
N

CALTRANS STRIPING DETAIL

TYPICAL

MODIFIED

STREET LIGHT POLE

STREET NAME SIGN

REMOVE AND REUSE

REMOVE AND SALVAGE
RETAIN

EXISTING SIGN

PROPOSED SIGN

EXISTING METER HEAD

PROPOSED METER HEAD

EXISTING PARKING KIOSK

PROPOSED PARKING KIOSK
XX
RR
RS
Rt

LEGEND & ABBREVIATIONS

GREEN THERMOPLASTIC RED MMA
INSTALL SIGNS ON 2" POST. SEE DETAIL [14] ON SHEET TP-19.

INSTALL SIGNS ON EXISTING POST/POLE

REMOVE SIGN POST
REMOVE PARKING METER POLE. CITY TO REMOVE METER HEAD. SEE GENERAL NOTE 15.

CITY TO REMOVE PAY STATION. SEE GENERAL NOTE 15.

RETAIN EXISTING PARKING METER POST AND METER OR PAY STATION INSTALL PAY STATION (BY OTHERS). SEE GENERAL NOTE 17.

INSTALL SIGN ON 2' FLEX POST
1 2
3 4
5 6
7 8

SIGNING KEYNOTES STRIPING KEYNOTES

PAINT/REFRESH CURB
STRIPE HIGHER VISIBILITY CROSSWALK. SEE DETAIL [1] ON
SHEET TP-17
STRIPE 1'-WIDE WHITE THERMOPLASTIC STOP BAR (5' BEHIND
CROSSWALK U.O.N.)

INSTALL GREEN THERMOPLASTIC

INSTALL RED MMA
INSTALL YIELD LINE. SEE DETAIL [7] ON SHEET TP-18
INSTALL BIKEWAY YIELD LINE. SEE DETAIL [8] ON SHEET TP-18 STRIPE PARKING T'S. SEE DETAIL [9] ON SHEET TP-18
INSTALL BIKEWAY INTERSECTION APPROACH TREATMENT. SEE
DETAIL [4] ON SHEET TP-17
INSTALL BIKEWAY DRIVEWAY TREATMENT. SEE DETAIL [5] ON
SHEET TP-17
INSTALL CROSS BIKE MARKING. SEE DETAIL [6] ON SHEET
TP-17
STRIPE BIKEWAY CROSSWALK. SEE DETAIL [2] ON SHEET TP-17 INSTALL 6" WHITE LINE
INSTALL 6" YELLOW LINE
INSTALL 4" YELLOW 3' LENGTH 9' SKIP LINE
INSTALL THERMOPLASTIC "STOP" STENCIL
INSTALL THERMOPLASTIC "ONLY" STENCIL
INSTALL THERMOPLASTIC "BUS" STENCIL

INSTALL THERMOPLASTIC BIKE LANE SYMBOL

INSTALL TYPE I ARROW

INSTALL TYPE IV ARROW

INSTALL TYPE VII ARROW

INSTALL TYPE VIII ARROW
INSTALL 36" WHITE FLEXPOST

INSTALL BLUE RETRO-REFLECTIVE PAVEMENT MARKER

INSTALL ADA STENCIL PAVEMENT MARKING
INSTALL BLUE ZONE STRIPING TREATMENT. SEE DETAIL [10] ON SHEET TP-18

INSTALL BICYCLE BLVD STENCIL
INSTALL BIKEWAY BUFFER WITH PARKING. SEE DETAIL [3] ON
SHEET TP-17
INSTALL BUS LANE STRIPING. SEE DETAIL [11] ON SHEET TP-18 INSTALL SPEED HUMP MARKING. SEE DETAIL [12] ON SHEET
TP-18
INSTALL BIKE LANE SPEED HUMP MARKING. SEE DETAIL [13] ON SHEET TP-18
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
31 32
0 SCALE IN FEET
20' 40' 60'

1. SEE CD-01 TO CD-16 FOR PAVEMENT DELINEATION DEMO

2. SEE TP-17 FOR STRIPING DETAILS

3. PAVEMENT MARKINGS PER 2018 CALTRANS STANDARD PLANS A20A-E AND A24A-F

4. CONTRACTOR SHALL PROVIDE MINIMUM TWO WORKING DAY NOTICE TO ALLOW THE CITY TRAFFIC ENGINEER TO REVIEW AND APPROVE ALL STRIPING AND MARKINGS AS "CAT-TRACKS" PRIOR TO

PLACING PERMANENT MARKINGS

5. DIMENSIONS ARE MEASURED FROM CENTER OF STRIPE AND FACE OF CURB

6. SEE SIGNAL PLANS FOR SIGNS MOUNTED ON MAST ARMS AND SIGNAL POLES.

7. SEE TP-22 DETAIL 13 FOR TRAFFIC SIGN INSTALLATION DETAIL. EXISTING SIGNS TO REMAIN, UNLESS OTHERWISE NOTED

CONSTRUCTION NOTES

SIGN DESCRIPTION SIZE REMOVE INSTALL
CUSTOM goBerkeley 2 HR (MULTI-SPACE) 18" x 24" 1 1
R10-15L
(MOD2)

TURNING VEHICLES YIELD TO BIKES AND PEDS (LEFT
ARROW) 30" x 30" 1
R1-3P ALL WAY 18" x 6" 4
R1-1 STOP (BIKE) 18" x 18" 1
R26F (CA) NO STOPPING FIRE LANE 12" x 18" 1

POST SCHEDULE

POST QUANTITY
INSTALL 2" POST 3
REMOVE EXISTING POST 1

Page 27 of 33 ends

Page 295 ends

DWIGHT WAY

FULTON STREET
R5-1, [EXCEPT BIKES], N-4 (CA) FACING SB
R3-5R, N-4 (CA) FACING NB
[RIGHT TURN OK] FACING EB

ON MOVED CONCRETE DIVERTER
RR
R99C (CA)1
R32C (CA)
3 RS
R32C (CA)
3 RS
R32C (CA), R30 (CA)
3 RS
R32C (CA), R30 (CA)1
TYP.

TYP.

MOD.
(LEFT) TYP.

TYP.

MOD. 9
10 13
9 3
21 15
11 8'±

5.5'
33'
12'4.5'6.5'
±

5.5'14'±
3'
11'±
53' RED1
20' RED1
25' RED1 25' RED122' BLUE1
21' GREY1
4' GREY1
7' GREY1
(RIGHT) TYP. 21
25 13
1 4' WHITE
14' WHITE 14' WHITE
21'
28 TYP.

ERADICATE
ARROW
18'
TYP. 2
ERADICATE 60' DOUBLE
YELLOW
ERADICATE 73' 12" WHITE

ERADICATE

STOP BAR
13 5' O.C. @ 45° TYP.
9'
11'
1310' O.C. @ 45° TYP.

4.5'
10'
24 11'
10'±
134' LINE, 8' GAP
H:\F0000\F0085_P_Berkeley Southside Complete Streets Project\PRODUCTION\CAD\PLANS\F0085_TP.dwg 3/22/2023
1322 WEBSTER ST, SUITE 208
OAKLAND, CA 94612
PHONE: 510.298.0740
FAX: 301.927.2800
www.tooledesign.com
N
MATCHLINE - SEE SHEET TP-12
N

CALTRANS STRIPING DETAIL

TYPICAL

MODIFIED

STREET LIGHT POLE

STREET NAME SIGN

REMOVE AND REUSE

REMOVE AND SALVAGE
RETAIN

EXISTING SIGN

PROPOSED SIGN

EXISTING METER HEAD

PROPOSED METER HEAD

EXISTING PARKING KIOSK

PROPOSED PARKING KIOSK
XX
RR
RS
Rt

LEGEND & ABBREVIATIONS

GREEN THERMOPLASTIC RED MMA
INSTALL SIGNS ON 2" POST. SEE DETAIL [14] ON SHEET TP-19.

INSTALL SIGNS ON EXISTING POST/POLE

REMOVE SIGN POST
REMOVE PARKING METER POLE. CITY TO REMOVE METER HEAD. SEE GENERAL NOTE 15.

CITY TO REMOVE PAY STATION. SEE GENERAL NOTE 15.

RETAIN EXISTING PARKING METER POST AND METER OR PAY STATION INSTALL PAY STATION (BY OTHERS). SEE GENERAL NOTE 17.

INSTALL SIGN ON 2' FLEX POST
1 2
3 4
5 6
7 8

SIGNING KEYNOTES STRIPING KEYNOTES

PAINT/REFRESH CURB
STRIPE HIGHER VISIBILITY CROSSWALK. SEE DETAIL [1] ON
SHEET TP-17
STRIPE 1'-WIDE WHITE THERMOPLASTIC STOP BAR (5' BEHIND
CROSSWALK U.O.N.)

INSTALL GREEN THERMOPLASTIC

INSTALL THERMOPLASTIC BIKE LANE SYMBOL

INSTALL TYPE I ARROW

INSTALL TYPE IV ARROW

INSTALL TYPE VII ARROW

INSTALL TYPE VIII ARROW
INSTALL 36" WHITE FLEXPOST

INSTALL BLUE RETRO-REFLECTIVE PAVEMENT MARKER

INSTALL ADA STENCIL PAVEMENT MARKING
INSTALL BLUE ZONE STRIPING TREATMENT. SEE DETAIL [10] ON SHEET TP-18

1. SEE CD-01 TO CD-16 FOR PAVEMENT DELINEATION DEMO

2. SEE TP-17 FOR STRIPING DETAILS

3. PAVEMENT MARKINGS PER 2018 CALTRANS STANDARD PLANS A20A-E AND A24A-F

4. CONTRACTOR SHALL PROVIDE MINIMUM TWO WORKING DAY NOTICE TO ALLOW THE CITY TRAFFIC ENGINEER TO REVIEW AND APPROVE ALL STRIPING AND MARKINGS AS "CAT-TRACKS" PRIOR TO

PLACING PERMANENT MARKINGS

5. DIMENSIONS ARE MEASURED FROM CENTER OF STRIPE AND FACE OF CURB

6. SEE SIGNAL PLANS FOR SIGNS MOUNTED ON MAST ARMS AND SIGNAL POLES.

7. SEE TP-22 DETAIL 13 FOR TRAFFIC SIGN INSTALLATION DETAIL. EXISTING SIGNS TO REMAIN, UNLESS OTHERWISE NOTED

CONSTRUCTION NOTES

SIGN DESCRIPTION SIZE REMOVE INSTALL
R30 (CA) NO PARKING 12:30PM TO 3:30PM 12" x 18" 1 1
R32C (CA) 2 HR PARKING 8AM-7PM 12" x 18" 3
N-4 (CA) TYPE 1 OBJECT MARKER 18" x 18" 2
R99C (CA) HANDICAP PARKING ONLY MIN FINE $250 12" x 24" 1

POST SCHEDULE

POST QUANTITY
INSTALL 2" POST 2
REMOVE EXISTING POST 3

Page 28 of 33 ends

Page 296 ends

HASTE STREET

CHANNING WAY

FULTON STREET
R32C (CA)
R30 (CA)
Rt
R28R (CA) Rt
R32C (CA)
R30 (CA)
Rt
R32C (CA)
R30 (CA)
Rt
R1-1 (18" x 18"), R1-3P FACING NB ON SLP
R10-15L (MOD2) FACING SB ON SLP
2 R32C (CA)
R30 (CA)
Rt
R1-3P FACING EB 2
R1-3P FACING WB 2
R99C (CA) 1
R1-3P FACING SB
R6-1, R1-1
2 Rt
3 R32C (CA) RS
3 R3-16a, W16-1P RS
3 R10-15R (MOD1) RS
R32C (CA)
3 RS
R32C (CA)
3 RSR1-1
3 RS
R3-20R
3 RS
3 R32C (CA) RS
R32C (CA)
3 RS
R1-1 (18" x 18"), R1-3P

FACING SB
2 R6-1 Rt
TYP.

TYP.

MOD.
5' O.C. @ 45° TYP.
10 133
23 15
11 9
16 10
13 25'
8'±3'
8'±
3'
19'

10.5'7.25'7.25'
±
3' 10.5' 8'±7.25'
±
12'5.5'5.5'
±

7.25'
20' RED1 25' RED1 25' RED1
37' RED1
19' RED1 32' RED1
4' RED1 14' RED122' GREY17' GREY15' GREY1
16' GREY1 14' GREY1
3' GREY1
TYP.9 3' GREY1
9 MOD.9
13 1 4' WHITE

11.5'
1 8' WHITE
1 8' WHITE
14' WHITE
17' GREY
14' WHITE
1 4' WHITE
115' WHITE
122' BLUE
123' RED

0.5'
TYP. 2
TYP. 213 5' O.C. @ 45° TYP. 13 5' O.C. @ 45° TYP.
[24 MIN PARKING 9AM TO 6PM]
117' RED

0.5'
10 8'±10.5'3'7.25'7.25'
±
6'
±
6' 6'
13 13 2' LINE, 6' GAP
113' GREY
TYP.
1 4' WHITE
1 7' GREY
MOD.
13 10 TYP.
24 2414' WHITE 14' WHITE
2525
4' LINE, 8' GAP
1 52' WHITE
24 H:\F0000\F0085_P_Berkeley Southside Complete Streets Project\PRODUCTION\CAD\PLANS\F0085_TP.dwg 3/22/2023
1322 WEBSTER ST, SUITE 208
OAKLAND, CA 94612
PHONE: 510.298.0740
FAX: 301.927.2800
www.tooledesign.com
N
MATCHLINE - SEE SHEET TP-13
MATCHLINE - SEE SHEET TP-11
N

CALTRANS STRIPING DETAIL

TYPICAL

MODIFIED

STREET LIGHT POLE

STREET NAME SIGN

REMOVE AND REUSE

REMOVE AND SALVAGE
RETAIN

EXISTING SIGN

PROPOSED SIGN

EXISTING METER HEAD

PROPOSED METER HEAD

EXISTING PARKING KIOSK

PROPOSED PARKING KIOSK
XX
RR
RS
Rt

LEGEND & ABBREVIATIONS

GREEN THERMOPLASTIC RED MMA
INSTALL SIGNS ON 2" POST. SEE DETAIL [14] ON SHEET TP-19.

INSTALL SIGNS ON EXISTING POST/POLE

REMOVE SIGN POST
REMOVE PARKING METER POLE. CITY TO REMOVE METER HEAD. SEE GENERAL NOTE 15.

CITY TO REMOVE PAY STATION. SEE GENERAL NOTE 15.

RETAIN EXISTING PARKING METER POST AND METER OR PAY STATION INSTALL PAY STATION (BY OTHERS). SEE GENERAL NOTE 17.

INSTALL SIGN ON 2' FLEX POST
1 2
3 4
5 6
7 8

SIGNING KEYNOTES STRIPING KEYNOTES

PAINT/REFRESH CURB
STRIPE HIGHER VISIBILITY CROSSWALK. SEE DETAIL [1] ON
SHEET TP-17
STRIPE 1'-WIDE WHITE THERMOPLASTIC STOP BAR (5' BEHIND
CROSSWALK U.O.N.)

INSTALL GREEN THERMOPLASTIC

INSTALL THERMOPLASTIC BIKE LANE SYMBOL

INSTALL TYPE I ARROW

INSTALL TYPE IV ARROW

INSTALL TYPE VII ARROW

INSTALL TYPE VIII ARROW
INSTALL 36" WHITE FLEXPOST

INSTALL BLUE RETRO-REFLECTIVE PAVEMENT MARKER

INSTALL ADA STENCIL PAVEMENT MARKING
INSTALL BLUE ZONE STRIPING TREATMENT. SEE DETAIL [10] ON SHEET TP-18

1. SEE CD-01 TO CD-16 FOR PAVEMENT DELINEATION DEMO

2. SEE TP-17 FOR STRIPING DETAILS

3. PAVEMENT MARKINGS PER 2018 CALTRANS STANDARD PLANS A20A-E AND A24A-F

4. CONTRACTOR SHALL PROVIDE MINIMUM TWO WORKING DAY NOTICE TO ALLOW THE CITY TRAFFIC ENGINEER TO REVIEW AND APPROVE ALL STRIPING AND MARKINGS AS "CAT-TRACKS" PRIOR TO

PLACING PERMANENT MARKINGS

5. DIMENSIONS ARE MEASURED FROM CENTER OF STRIPE AND FACE OF CURB

6. SEE SIGNAL PLANS FOR SIGNS MOUNTED ON MAST ARMS AND SIGNAL POLES.

7. SEE TP-22 DETAIL 13 FOR TRAFFIC SIGN INSTALLATION DETAIL. EXISTING SIGNS TO REMAIN, UNLESS OTHERWISE NOTED

CONSTRUCTION NOTES

SIGN DESCRIPTION SIZE REMOVE INSTALL
R10-15R
(MOD1) TURNING VEHICLES YIELD TO BIKES (RIGHT ARROW) 30" x 30" 1 R10-15L
(MOD2)

TURNING VEHICLES YIELD TO BIKES AND PEDS (LEFT
ARROW) 30" x 30" 1
R1-1 STOP 30" x 30" 1
R1-1 STOP (BIKE) 18" x 18" 2
R1-3P ALL WAY 18" x 6" 5
R3-16a BIKE LANE ENDS 24" x 30" 1
R3-20R BEGIN RIGHT TURN LANE 24" x 36" 1
R32C (CA) 2 HR PARKING 8AM-7PM 12" x 18" 5
R99C (CA) HANDICAP PARKING ONLY MIN FINE $250 12" x 24" 1 W16-1P SHARE THE ROAD 24" x 30" 1

POST SCHEDULE

POST QUANTITY
INSTALL 2" POST 1
REMOVE EXISTING POST 9

Page 29 of 33 ends

Page 297 ends

BANCROFT WAY

FULTON STREET

DURANT AVENUE
R32C (CA)
R30 (CA)
Rt
3 R10-15L (MOD2)

FACING SB
1 1 12' WHITE
15' WHITE
R99C (CA) 1
[goBerkeley 2 HR (MULTI-SPACE)]
3 RS[goBerkeley 2 HR (MULTI-SPACE)]
3 RS
R25B (CA) [3 MINUTE LIMIT] 2
R81 (CA) RS
R3-5a FACING NB ON SLP
[PARKING (LEFT ARROW)], R3-7L
2 Rt
R3-3 2
R3-1 RS
RtR3-7bP
R3-2

FACING NB ON SLP
2 R3-18, R4-7 Rt
15' WHITE
R3-7L, [PARKING (LEFT ARROW)]Rt
[goBerkeley 2 HR (MULTI-SPACE)] 2
R3-7L Rt
5 7
44 4 4 4 4 4 4 4 4
TYP.

TYP.

TYP.TYP.
10 3
20 15
11 13
13 21
14125'

7.25'
11'5'7'
±
3' 10.5' 8'±
60'

0.5'

7.25'
±

3.5'
7' RED1
40' GREEN1
54' GREY1
2513
60' GREY1 40' WHITE175' GREY1
(LEFT) TYP.

0.5'
11'11'

0.5'

10.5' ±
40'
110' RED
14' WHITE
113' WHITE
14' WHITE

0.5' 40
TYP. 2
122' BLUE
120' RED
115' RED
13 [24 MIN PARKING 9AM TO 6PM]1
3 [24 MIN PARKING 9AM TO 6PM] RS
[goBerkeley 2 HR (MULTI-SPACE)] 1
14' GREY
135' O.C. @ 45° TYP.
14'
14'
40' GREY1
10' RED1
13 TYP. 10

9.5'
[goBerkeley 2 HR (MULTI-SPACE)] 1
9 INSTALL 2 TYPE G RPM

ON TOP OF CURB

FACING WB
INSTALL 1 TYPE G RPM

ON TOP OF CURB

FACING SB
INSTALL 3 TYPE G RPM

ON TOP OF CURB

FACING NB
MOD. (NO FLEXPOST) 9
4' LINE, 8' GAP
110' RED
20 INSTALL BIKEWAY INTERSECTION APPROACH TREATMENT
PER DETAIL [4] ON SHEET TP-17 WITHOUT INSTALL FLEXPOST
H:\F0000\F0085_P_Berkeley Southside Complete Streets Project\PRODUCTION\CAD\PLANS\F0085_TP.dwg 3/22/2023
1322 WEBSTER ST, SUITE 208
OAKLAND, CA 94612
PHONE: 510.298.0740
FAX: 301.927.2800
www.tooledesign.com
MATCHLINE - SEE SHEET TP-12
N
N
MATCHLINE - SEE SHEET TP-03

CALTRANS STRIPING DETAIL

TYPICAL

MODIFIED

STREET LIGHT POLE

STREET NAME SIGN

REMOVE AND REUSE

REMOVE AND SALVAGE
RETAIN

EXISTING SIGN

PROPOSED SIGN

EXISTING METER HEAD

PROPOSED METER HEAD

EXISTING PARKING KIOSK

PROPOSED PARKING KIOSK
XX
RR
RS
Rt

LEGEND & ABBREVIATIONS

GREEN THERMOPLASTIC RED MMA
INSTALL SIGNS ON 2" POST. SEE DETAIL [14] ON SHEET TP-19.

INSTALL SIGNS ON EXISTING POST/POLE

REMOVE SIGN POST
REMOVE PARKING METER POLE. CITY TO REMOVE METER HEAD. SEE GENERAL NOTE 15.

CITY TO REMOVE PAY STATION. SEE GENERAL NOTE 15.

RETAIN EXISTING PARKING METER POST AND METER OR PAY STATION INSTALL PAY STATION (BY OTHERS). SEE GENERAL NOTE 17.

INSTALL SIGN ON 2' FLEX POST
1 2
3 4
5 6
7 8

SIGNING KEYNOTES STRIPING KEYNOTES

PAINT/REFRESH CURB
STRIPE HIGHER VISIBILITY CROSSWALK. SEE DETAIL [1] ON
SHEET TP-17
STRIPE 1'-WIDE WHITE THERMOPLASTIC STOP BAR (5' BEHIND
CROSSWALK U.O.N.)

INSTALL GREEN THERMOPLASTIC

INSTALL THERMOPLASTIC BIKE LANE SYMBOL

INSTALL TYPE I ARROW

INSTALL TYPE IV ARROW

INSTALL TYPE VII ARROW

INSTALL TYPE VIII ARROW
INSTALL 36" WHITE FLEXPOST

INSTALL BLUE RETRO-REFLECTIVE PAVEMENT MARKER

INSTALL ADA STENCIL PAVEMENT MARKING
INSTALL BLUE ZONE STRIPING TREATMENT. SEE DETAIL [10] ON SHEET TP-18

1. SEE CD-01 TO CD-16 FOR PAVEMENT DELINEATION DEMO

2. SEE TP-17 FOR STRIPING DETAILS

3. PAVEMENT MARKINGS PER 2018 CALTRANS STANDARD PLANS A20A-E AND A24A-F

4. CONTRACTOR SHALL PROVIDE MINIMUM TWO WORKING DAY NOTICE TO ALLOW THE CITY TRAFFIC ENGINEER TO REVIEW AND APPROVE ALL STRIPING AND MARKINGS AS "CAT-TRACKS" PRIOR TO

PLACING PERMANENT MARKINGS

5. DIMENSIONS ARE MEASURED FROM CENTER OF STRIPE AND FACE OF CURB

6. SEE SIGNAL PLANS FOR SIGNS MOUNTED ON MAST ARMS AND SIGNAL POLES.

7. SEE TP-22 DETAIL 13 FOR TRAFFIC SIGN INSTALLATION DETAIL. EXISTING SIGNS TO REMAIN, UNLESS OTHERWISE NOTED

CONSTRUCTION NOTES

SIGN DESCRIPTION SIZE REMOVE INSTALL
CUSTOM 24 MIN PARKING 9AM TO 6PM 12" x 18" 1 1
CUSTOM goBerkeley 2 HR (MULTI-SPACE) 18" x 24" 2 3
R10-15L
(MOD2)

TURNING VEHICLES YIELD TO BIKES AND PEDS (LEFT
ARROW) 30" x 30" 1
R25B (CA) PASSENGER LOADING ZONE 3 MIN 18" x 18" 1
R3-1 NO RIGHT TURN 24" x 24" 1
R3-2 NO LEFT TURN 24" x 24" 1
R3-3 NO TURNS 24" x 24" 1
R3-5a STRAIGHT THROUGH ONLY 30" x 36" 1
R81 (CA) BIKE LANE 12" x 8" 1
R99C (CA) HANDICAP PARKING ONLY MIN FINE $250 12" x 24" 1

POST SCHEDULE

POST QUANTITY
INSTALL 2" POST 6
REMOVE EXISTING POST 4

Page 30 of 33 ends

Page 298 ends

DWIGHT WAY

DANA STREET
R32C (CA),
[NO PARKING 9AM TO 12 NOON]
Rt
R3-5R, R3-7BP, N-4 (CA) FACING NB
R5-1, [EMERGENCY VEHICLES AND BICYCLES
EXCEPTED], N-4 (CA) FACING SB

ON MOVED CONCRETE DIVERTER
RR
R49 (CA)

ON BARRICADE
Rt R49 (CA), SNSRt
R28R (CA) 1
[BUS STOP]Rt
R9-5

FACING NB
2R9-5

FACING SB
2 R28A (CA) Rt
R32C (CA), R30 (CA)Rt
R10-1 (MOD), N-4 (CA) FACING NB,
R10-1 (MOD), N-4 (CA) FACING SB

ON MOVED CONCRETE DIVERTER
RR
R32C (CA),
R30 (CA)
Rt
K-1 (CA) 8
R3-1Rt
K-1 (CA)8
K-1 (CA)8
TYP.

TYP.

MOD.

TYP.
5' O.C. @ 45° TYP.
(LEFT) TYP.

TYP.

TYP. 117' RED
71' RED
43' RED
5' O.C. @ 45° TYP.
10 2
10 13
15 13
21 17
18 13 1
1 1
14 14
6'
±
35'
53'
64'
4'
±
6'

4.5'

11.5'8'±
59'
4'8'9'11'±
11'
116' RED
1 6' WHITE
9 TYP.
1 6' WHITE 1 6' WHITE 1 6' WHITE
16' YELLOW
110' YELLOW
2TYP.

ERADICATE BIKE SYMBOLS/CHEVRONS

ERADICATE LEFT ARROWS/ONLY/BIKE SYMBOL
28TYP.
14 13
24 4' LINE, 8' GAP 13
1 6' WHITE
ERADICATE 20' OF EXISTING GREEN THERMOPLASTIC AND BIKE LANE MARKINGS 27' YELLOW1

ERADICATE STRIPING

ERADICATE STRIPING
R28A (CA) Rt
H:\F0000\F0085_P_Berkeley Southside Complete Streets Project\PRODUCTION\CAD\PLANS\F0085_TP.dwg 3/22/2023
1322 WEBSTER ST, SUITE 208
OAKLAND, CA 94612
PHONE: 510.298.0740
FAX: 301.927.2800
www.tooledesign.com
MATCHLINE - SEE SHEET TP-15
N

GENERAL NOTES (THIS SHEET)
N

CALTRANS STRIPING DETAIL

TYPICAL

MODIFIED

STREET LIGHT POLE

STREET NAME SIGN

REMOVE AND REUSE

REMOVE AND SALVAGE
RETAIN

EXISTING SIGN

PROPOSED SIGN

EXISTING METER HEAD

PROPOSED METER HEAD

EXISTING PARKING KIOSK

PROPOSED PARKING KIOSK
XX
RR
RS
Rt

LEGEND & ABBREVIATIONS

GREEN THERMOPLASTIC RED MMA
INSTALL SIGNS ON 2" POST. SEE DETAIL [14] ON SHEET TP-19.

INSTALL SIGNS ON EXISTING POST/POLE

REMOVE SIGN POST
REMOVE PARKING METER POLE. CITY TO REMOVE METER HEAD. SEE GENERAL NOTE 15.

CITY TO REMOVE PAY STATION. SEE GENERAL NOTE 15.

RETAIN EXISTING PARKING METER POST AND METER OR PAY STATION INSTALL PAY STATION (BY OTHERS). SEE GENERAL NOTE 17.

INSTALL SIGN ON 2' FLEX POST
1 2
3 4
5 6
7 8

SIGNING KEYNOTES STRIPING KEYNOTES

PAINT/REFRESH CURB
STRIPE HIGHER VISIBILITY CROSSWALK. SEE DETAIL [1] ON
SHEET TP-17
STRIPE 1'-WIDE WHITE THERMOPLASTIC STOP BAR (5' BEHIND
CROSSWALK U.O.N.)

INSTALL GREEN THERMOPLASTIC

INSTALL THERMOPLASTIC BIKE LANE SYMBOL

INSTALL TYPE I ARROW

INSTALL TYPE IV ARROW

INSTALL TYPE VII ARROW

INSTALL TYPE VIII ARROW
INSTALL 36" WHITE FLEXPOST

INSTALL BLUE RETRO-REFLECTIVE PAVEMENT MARKER

INSTALL ADA STENCIL PAVEMENT MARKING
INSTALL BLUE ZONE STRIPING TREATMENT. SEE DETAIL [10] ON SHEET TP-18

1. SEE CD-01 TO CD-16 FOR PAVEMENT DELINEATION DEMO

2. SEE TP-17 FOR STRIPING DETAILS

3. PAVEMENT MARKINGS PER 2018 CALTRANS STANDARD PLANS A20A-E AND A24A-F

4. CONTRACTOR SHALL PROVIDE MINIMUM TWO WORKING DAY NOTICE TO ALLOW THE CITY TRAFFIC ENGINEER TO REVIEW AND APPROVE ALL STRIPING AND MARKINGS AS "CAT-TRACKS" PRIOR TO

PLACING PERMANENT MARKINGS

5. DIMENSIONS ARE MEASURED FROM CENTER OF STRIPE AND FACE OF CURB

6. SEE SIGNAL PLANS FOR SIGNS MOUNTED ON MAST ARMS AND SIGNAL POLES.

7. SEE TP-22 DETAIL 13 FOR TRAFFIC SIGN INSTALLATION DETAIL. EXISTING SIGNS TO REMAIN, UNLESS OTHERWISE NOTED

CONSTRUCTION NOTES

SIGN DESCRIPTION SIZE REMOVE INSTALL
K-1 (CA) TYPE 2 OBJECT MARKER 6" x 12" 3
R28R (CA) NO PARKING ANYTIME (RIGHT ARROW) 12" x 18" 1
N-4 (CA) TYPE 1 OBJECT MARKER 18" x 18" 4
R9-5 BICYCLE USE PED SIGNAL 12" x 18" 2

POST SCHEDULE

POST QUANTITY
INSTALL 2" POST 2
REMOVE EXISTING POST 1

8. CONTRACTOR TO ERADICATE BIKE BUFFER PAVEMENT MARKINGS FROM RECENTLY INSTALLED PROJECT (AC TRANSIT DANA STREET PILOT PROJECT) ON DANA STREET FROM DWIGHT WAY TO HASTE STREET

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HASTE STREET

DANA STREET
CHANNING WAYR9-5 FACING NB
R9-5 FACING SB
Rt
R9-5Rt
R32C (CA), R30 (CA) Rt R6-1R Rt [goBerkeley 2 HR]Rt
R1-3P FACING SB
R6-1L, R1-1
2 Rt
R9-5Rt
R6-1R Rt
6 6 6
R1-1 (18" x 18"), R3-1P FACING NB
R10-15R (MOD2) FACING SB
1 R1-3P FACING EB 2
R1-1 Rt
[goBerkeley 2 HR]Rt
R3-2Rt
3 R32C (CA), R30 (CA) RS
R10-15R (MOD2)
3 RS
R3-7R FACING SB1
R1-1, R1-3P FACING SB1
R1-1
3 RS
R10-15R (MOD2) FACING SB1
K-1 (CA)8
TYP.

TYP.

MOD.

TYP.
5' O.C. @ 45° TYP.
5' O.C. @ 45° TYP.
5' O.C. @ 45° TYP.

TYP.
2 9
3 15
11 1614
12 10
10 13
14 14
14 13
14 8 14
26' GRAY1
40' RED1
62' RED 1
6'
±
6'
±
62'
6'
±
6'
4'
6'
11'±
6'

4.5'

11.5'8'±
6'11.5'8'±
6'
4'

0.5'

0.5' 40'
21' 22' 20'
25 15' WHITE 1 6' WHITE
16' WHITE
16' WHITE
16' WHITE
9 20'
94'

9.5'
65'
65' RED1
40'
131 6' WHITE

0.5'
21 (RIGHT) TYP.
22 (LEFT) TYP.2 TYP.
24 24 24
16' WHITE1 5' WHITE
1 6' WHITE
MOD. (NO FLEXPOST)
4' LINE, 8' GAP
TYP.
136' WHITE
H:\F0000\F0085_P_Berkeley Southside Complete Streets Project\PRODUCTION\CAD\PLANS\F0085_TP.dwg 3/22/2023
1322 WEBSTER ST, SUITE 208
OAKLAND, CA 94612
PHONE: 510.298.0740
FAX: 301.927.2800
www.tooledesign.com
MATCHLINE - SEE SHEET TP-14
MATCHLINE - SEE SHEET TP-16
N

GENERAL NOTES (THIS SHEET)
N

CALTRANS STRIPING DETAIL

TYPICAL

MODIFIED

STREET LIGHT POLE

STREET NAME SIGN

REMOVE AND REUSE

REMOVE AND SALVAGE
RETAIN

EXISTING SIGN

PROPOSED SIGN

EXISTING METER HEAD

PROPOSED METER HEAD

EXISTING PARKING KIOSK

PROPOSED PARKING KIOSK
XX
RR
RS
Rt

LEGEND & ABBREVIATIONS

GREEN THERMOPLASTIC RED MMA
INSTALL SIGNS ON 2" POST. SEE DETAIL [14] ON SHEET TP-19.

INSTALL SIGNS ON EXISTING POST/POLE

REMOVE SIGN POST
REMOVE PARKING METER POLE. CITY TO REMOVE METER HEAD. SEE GENERAL NOTE 15.

CITY TO REMOVE PAY STATION. SEE GENERAL NOTE 15.

RETAIN EXISTING PARKING METER POST AND METER OR PAY STATION INSTALL PAY STATION (BY OTHERS). SEE GENERAL NOTE 17.

INSTALL SIGN ON 2' FLEX POST
1 2
3 4
5 6
7 8

SIGNING KEYNOTES STRIPING KEYNOTES

PAINT/REFRESH CURB
STRIPE HIGHER VISIBILITY CROSSWALK. SEE DETAIL [1] ON
SHEET TP-17
STRIPE 1'-WIDE WHITE THERMOPLASTIC STOP BAR (5' BEHIND
CROSSWALK U.O.N.)

INSTALL GREEN THERMOPLASTIC

INSTALL THERMOPLASTIC BIKE LANE SYMBOL

INSTALL TYPE I ARROW

INSTALL TYPE IV ARROW

INSTALL TYPE VII ARROW

INSTALL TYPE VIII ARROW
INSTALL 36" WHITE FLEXPOST

INSTALL BLUE RETRO-REFLECTIVE PAVEMENT MARKER

INSTALL ADA STENCIL PAVEMENT MARKING
INSTALL BLUE ZONE STRIPING TREATMENT. SEE DETAIL [10] ON SHEET TP-18

1. SEE CD-01 TO CD-16 FOR PAVEMENT DELINEATION DEMO

2. SEE TP-17 FOR STRIPING DETAILS

3. PAVEMENT MARKINGS PER 2018 CALTRANS STANDARD PLANS A20A-E AND A24A-F

4. CONTRACTOR SHALL PROVIDE MINIMUM TWO WORKING DAY NOTICE TO ALLOW THE CITY TRAFFIC ENGINEER TO REVIEW AND APPROVE ALL STRIPING AND MARKINGS AS "CAT-TRACKS" PRIOR TO

PLACING PERMANENT MARKINGS

5. DIMENSIONS ARE MEASURED FROM CENTER OF STRIPE AND FACE OF CURB

6. SEE SIGNAL PLANS FOR SIGNS MOUNTED ON MAST ARMS AND SIGNAL POLES.

7. SEE TP-22 DETAIL 13 FOR TRAFFIC SIGN INSTALLATION DETAIL. EXISTING SIGNS TO REMAIN, UNLESS OTHERWISE NOTED

CONSTRUCTION NOTES

SIGN DESCRIPTION SIZE REMOVE INSTALL
K-1 (CA) TYPE 2 OBJECT MARKER 6" x 12" 1
R10-15R
(MOD2)

TURNING VEHICLES YIELD TO BIKES AND PEDS (RIGHT
ARROW) 30" x 30" 1 2
R1-1 STOP 30" x 30" 1 1
R1-1 STOP (BIKE) 18" x 18" 1
R1-3P ALL WAY 18" x 6" 4
R30 (CA) NO PARKING 12:30PM TO 3:30PM 12" x 18" 1
R32C (CA) 2 HR PARKING 8AM-7PM 12" x 18" 1
R3-7R RIGHT LANE MUST TURN RIGHT 30" x 30" 1

POST SCHEDULE

POST QUANTITY
INSTALL 2" POST 3
REMOVE EXISTING POST 2

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DANA STREET

BANCROFT WAY

DURANT AVENUE
R10-11

FACING EB
Rt
R9-5

FACING NB
R3-1
2 Rt
[goBerkeley 2 HR] Rt
R9-5

FACING SB
2 R10-11 FACING WB Rt
[PARKING GARAGE TELEGRAPH
CHANNING]
Rt
R25A (CA)Rt
6 6
3 [goBerkeley 2 HR (SINGLE-SPACE)] RS
4 4 4 4
4 4
TYP.
5' O.C. @ 45° TYP.

TYP.

TYP.
15' YELLOW
5' O.C. @ 45° TYP.

TYP.
2 9
14 3
15 11
1322
1 14
8' RED1
56' RED1
28' RED1 66' RED1 32' RED 1
18'
56'
7'
±

11.5'8'±
5'11.5'8'±

0.5'

0.5'
6'
±
6'
22' 22' 66' 32'
25 16' WHITE 16' WHITE
5' 5'
2'
±
5' 5'
2'
±
15' RED
176' YELLOW
24 24
24 1 6' WHITE
MOD. (NO FLEXPOST) 9 MOD. (NO FLEXPOST) 9MOD. (NO FLEXPOST) 8 TYP.
130' WHITE
25 H:\F0000\F0085_P_Berkeley Southside Complete Streets Project\PRODUCTION\CAD\PLANS\F0085_TP.dwg 3/22/2023
1322 WEBSTER ST, SUITE 208
OAKLAND, CA 94612
PHONE: 510.298.0740
FAX: 301.927.2800
www.tooledesign.com
MATCHLINE - SEE SHEET TP-15
N

GENERAL NOTES (THIS SHEET)
N
MATCHLINE - SEE SHEET TP-05

CALTRANS STRIPING DETAIL

TYPICAL

MODIFIED

STREET LIGHT POLE

STREET NAME SIGN

REMOVE AND REUSE

REMOVE AND SALVAGE
RETAIN

EXISTING SIGN

PROPOSED SIGN

EXISTING METER HEAD

PROPOSED METER HEAD

EXISTING PARKING KIOSK

PROPOSED PARKING KIOSK
XX
RR
RS
Rt

LEGEND & ABBREVIATIONS

GREEN THERMOPLASTIC RED MMA
INSTALL SIGNS ON 2" POST. SEE DETAIL [14] ON SHEET TP-19.

INSTALL SIGNS ON EXISTING POST/POLE

REMOVE SIGN POST
REMOVE PARKING METER POLE. CITY TO REMOVE METER HEAD. SEE GENERAL NOTE 15.

CITY TO REMOVE PAY STATION. SEE GENERAL NOTE 15.

RETAIN EXISTING PARKING METER POST AND METER OR PAY STATION INSTALL PAY STATION (BY OTHERS). SEE GENERAL NOTE 17.

INSTALL SIGN ON 2' FLEX POST
1 2
3 4
5 6
7 8

SIGNING KEYNOTES STRIPING KEYNOTES

PAINT/REFRESH CURB
STRIPE HIGHER VISIBILITY CROSSWALK. SEE DETAIL [1] ON
SHEET TP-17
STRIPE 1'-WIDE WHITE THERMOPLASTIC STOP BAR (5' BEHIND
CROSSWALK U.O.N.)

INSTALL GREEN THERMOPLASTIC

INSTALL THERMOPLASTIC BIKE LANE SYMBOL

INSTALL TYPE I ARROW

INSTALL TYPE IV ARROW

INSTALL TYPE VII ARROW

INSTALL TYPE VIII ARROW
INSTALL 36" WHITE FLEXPOST

INSTALL BLUE RETRO-REFLECTIVE PAVEMENT MARKER

INSTALL ADA STENCIL PAVEMENT MARKING
INSTALL BLUE ZONE STRIPING TREATMENT. SEE DETAIL [10] ON SHEET TP-18

1. SEE CD-01 TO CD-16 FOR PAVEMENT DELINEATION DEMO

2. SEE TP-17 FOR STRIPING DETAILS

3. PAVEMENT MARKINGS PER 2018 CALTRANS STANDARD PLANS A20A-E AND A24A-F

4. CONTRACTOR SHALL PROVIDE MINIMUM TWO WORKING DAY NOTICE TO ALLOW THE CITY TRAFFIC ENGINEER TO REVIEW AND APPROVE ALL STRIPING AND MARKINGS AS "CAT-TRACKS" PRIOR TO

PLACING PERMANENT MARKINGS

5. DIMENSIONS ARE MEASURED FROM CENTER OF STRIPE AND FACE OF CURB

6. SEE SIGNAL PLANS FOR SIGNS MOUNTED ON MAST ARMS AND SIGNAL POLES.

7. SEE TP-22 DETAIL 13 FOR TRAFFIC SIGN INSTALLATION DETAIL. EXISTING SIGNS TO REMAIN, UNLESS OTHERWISE NOTED

CONSTRUCTION NOTES

SIGN DESCRIPTION SIZE REMOVE INSTALL
CUSTOM goBerkeley 2 HR (SINGLE-SPACE) 18" x 24" 1
R9-5 BICYCLE USE PED SIGNAL 12" x 18" 2

POST SCHEDULE

POST QUANTITY
INSTALL 2" POST 0
REMOVE EXISTING POST 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: http://www.CityofBerkeley.info/Manager

CONSENT CALENDAR
June 27, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Liam Garland, Director, Public Works
Subject: Contract: Downtown Streets Team for hand sweeping, graffiti and litter abatement, poster removal, and low barrier volunteer work experience program

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her designee to execute a contract, and any amendments or extensions, with Downtown Streets Team for hand sweeping, graffiti and litter abatement, poster removal, and low barrier volunteer work experience program. The contract will be in an amount not to exceed $1,625,500 for the period August 1, 2023 through August 30, 2027.

FISCAL IMPACTS OF RECOMMENDATION
Annual expected costs are anticipated to be approximately $530,000. Funding in the amount of $225,000 is available in FY 2024 in the General Fund. Funding in the amount of $331,250 is available in the Zero Waste Fund. There is additional one-time funding of $100,000 in the General Fund that will be appropriated as part of the FY 2024 budget to support expansion to the Gilman District and support efforts to place low-level violators into the Downtown Streets program.

Future funding is subject to appropriation in the FY 2025 and FY 2026 budgets.

CURRENT SITUATION AND ITS EFFECTS
On May 31, 2022, City Council approved Resolution No. 70, 394-N.S to allow for City staff to enter into sole source negotiations with DST for new pricing, contract terms, and scope of services in support of the Clean Cities Program for the continuation of hand sweeping, leaf and litter removal, graffiti abatement, and poster removal services for various commercial districts.

Public Works and the City Manager’s Homeless Response Team worked on new pricing and scope of services to continue the important work of the Downtown Streets Team (DST). DST is a volunteer work experience model in which unhoused Team Members beautify their community in exchange for supportive services such as employment services and a basic needs stipend. Through their work, team members build effective work habits, take on leadership opportunities, further their education, and ready

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Contract: Downtown Streets Team CONSENT CALENDAR
June 27, 2023

Page 2 ends

themselves to reenter the workforce and housing through the support of a positive community. DST has placed over 1,500 individuals into employment (lasting at least 90 days) and almost 1,200 into permanent housing.

DST will focus in the following areas of the city: North Shattuck, Elmwood, Solano, Downtown, Adeline, Telegraph, West Berkeley, and Gilman. DST will provide regular reports on their team members, amount of debris collected, and other key metrics.

This contract supports the Strategic Plan Priorities of advancing our goal to provide state-of-the-art, well-maintained infrastructure, amenities, and facilities and providing housing support services for our most vulnerable community members.

BACKGROUND
Since August 2018, DST has supported the City’s Clean City Program by hand sweeping to remove excess leaves, litter, and trash from sidewalks and gutters throughout the City, and strive for clean, safe, beautiful commercial districts. Downtown Streets Team (DST) was selected (Specification No. 18-11185-C) as the lowest responsive and best-qualified bidder to meet the Clean City Program’s needs; demonstrating both a thorough comprehension of the scope of services to be delivered and a proven program model by which very low income, unhoused persons, receive employment services, training, and other support to promote self-sufficiency in preparation for reentering the workforce and securing permanent housing.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The Clean City Program supports the City’s Zero Waste Program by ensuring litter and debris is properly removed from the City. Also, the Municipal Regional Stormwater Permit (MRP) requires the City to reduce the amount of trash flowing into local waterways and the Bay via the City’s storm drainage system. Hand sweeping removes excess leaves, litter, and debris from sidewalks and gutters which prevents these items from getting into the City’s storm drainage system.

RATIONALE FOR RECOMMENDATION
Public Works does not have sufficient staff to absorb the hand sweeping, debris, and litter abatement duties performed by DST.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Joy Brown, Operations Manager, Public Works, (510) 981-6629 Joshua Jacobs, Homeless Services Coordinator, City Manager’s Office (510) 225-8035 Attachment:
1: Resolution

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

CONTRACT: DOWNTOWN STREETS TEAM FOR HANDSWEEPING, LEAF AND

LITTER REMOVAL, GRAFFITI ABATEMENT, POSTER REMOVAL AND LOW

BARRIER VOLUNTEER WORK EXPERIENCE PROGRAM
WHEREAS, Downtown Streets Team is an organization committed to helping low- income and un-housed members in the local community achieve health and self- sufficiency; and
WHEREAS, Downtown Streets Team supports the Public Works Clean City program by providing additional cleaning services in select neighborhoods and around encampment hot spots; and
WHEREAS, Downtown Streets Team is a proven partner of Public Works supporting the Clean City program in areas throughout the City: and WHEREAS, on May 31, 2022, City Council approved Resolution No. 70, 394-N.S to allow for City staff to enter into sole source negotiations with Downtown Streets Team for new pricing, contract terms, and scope of services in support of the Clean Cities Program for the continuation of hand sweeping, leaf and litter removal, graffiti abatement, and poster removal services for various commercial districts through their low barrier volunteer work experience program; and
WHEREAS, annually, General Fund Measure P funding is available in the amount of $225,000 and Zero Waste Fund in the amount of $331,250 is available in the FY 2024 baseline budget.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is authorized to execute a contract with Downtown Streets Team hand sweeping, graffiti and litter abatement, poster removal, and low barrier volunteer work experience program for a not to exceed amount of $1,625,500 for the period August 1, 2023 through August 30, 2027.

Page 3 of 3 ends

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CONSENT CALENDAR
June 27, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Liam Garland, Director, Public Works
Subject: Contract Amendment: Trip Stop Sidewalk Repair, Inc. for FY 2020 Sidewalk
Inspection and Shaving Services Project

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32000147 with Trip Stop Sidewalk Repair, Inc. (Trip Stop) for FY2020 Sidewalk Inspection and Shaving Services, increasing the contract amount by $835,969 for a total not-to-exceed amount of $2,285,969.

FISCAL IMPACTS OF RECOMMENDATION
Funding for this contract amendment is available in FY 2023 Public Works Engineering Sidewalks Budget in Measure F - Vehicle Registration Fees (VRF) (Fund 133), Measure BB Local Streets and Roads (Fund 134), and the Capital Improvement Fund (Fund 501).

No other funding is required, and no further projects will be delayed due to this expenditure.

Funding Sources
Measure F VRF Fund (Fund 133)...................................................................... $42,548 Measure BB Fund (Fund 134).......................................................................... $477,688 Capital Improvement Fund (Fund 501) ............................................................ $315,733 Total Amendment Amount .............................................................................$835,969 Current Authorized Contract Amount ............................................................$1,450,000 This Amendment Amount..................................................................................$835,969 Total Construction Contract Cost ..............................................................$2,285,969

CURRENT SITUATION AND ITS EFFECTS
The current authorized contract amount was fully expended in January 2023. Trip Stop has completed over 26,750 shave repairs at approximately 5,100 locations, but there continue to be areas of need. This contract amendment is essential to continue cost- effective repairs of displaced and uplifted sidewalks that pose urgent trip hazards to public safety.

Page 1 of 4 ends

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Contract Amendment: Contract No. 32000147 CONSENT CALENDAR Trip Stop Sidewalk Repair, Inc. for the FY2020 Sidewalk June 27, 2023 Inspection and Shaving Services Project

Page 2 ends

The FY2020 Sidewalk Inspection and Shaving Services are a Strategic Plan Priority Project, advancing our goal to provide state-of-the-art, well-maintained infrastructure, amenities, and facilities.

BACKGROUND
In October 2011, the City established the 50-50 program to share sidewalk replacement costs with property owners on a 50-50 basis. The cost of sidewalk repair and the lack of funding to keep pace with requests resulted in a ten-year backlog of customers awaiting replacement. As an alternative, Public Works has deployed the concrete shaving process as a cost-effective and expeditious means of repairing displaced and uplifted sidewalks that pose urgent trip hazards to the public. Shaving costs a fraction of sidewalk replacement. Due to the nature of shaving, there is minimal need for sidewalk closures and more sites per day can be repaired versus sidewalk replacement.

Requests for Qualifications (RFQ) were issued on August 26, 2019 (Specification No. 20- 11345-C), seeking qualified firms or individuals to provide citywide sidewalk inspection and shaving services for the City's Sidewalk Program to address uplifted sidewalks that pose trip hazards to the public throughout the City. On December 3, 2019, by Resolution No. 69,195-N.S., the City council authorized Contract No. 32000147 with Trip Stop in an amount not to exceed $450,000. On April 27, 2021, by Resolution 69,822-N.S., the City council authorized an amendment to Contract No. 32000147 with Trip Stop to authorize an additional $1,000,000 to a total amount not to exceed $1,450,000.

ENVIRONMENTAL SUSTAINABILITY
The City's sidewalk repair program is a component of the City's climate action plan, as well-maintained sidewalks help to facilitate safe walking, which is a healthy and clean form of transportation. In addition, there are environmental benefits to be realized from concrete grinding and shaving versus full sidewalk replacement, which creates significant amounts of waste we deliver to landfills. Further, concrete grinding and shaving necessitates the production of far less cement and lowers total fuel costs compared with complete sidewalk replacement.

RATIONALE FOR RECOMMENDATION
This sidewalk project is part of the City's ongoing annual program to address deteriorated sidewalks. The work requires contracted services, as the City does not possess the in- house labor or equipment resources necessary to complete the project.

ALTERNATIVE ACTIONS CONSIDERED
City Council could choose not to amend this contract, in which case, the progress of planned sidewalk repairs would be delayed.

CONTACT PERSON
Ronald A. Nevels, Interim Manager of Engineering, Public Works, (510) 981-6439 Srinivas Muktevi, Supervising Civil Engineer, Public Works (510) 981-6402

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Contract Amendment: Contract No. 32000147 CONSENT CALENDAR Trip Stop Sidewalk Repair, Inc. for the FY2020 Sidewalk June 27, 2023 Inspection and Shaving Services Project

Page 3 ends

Attachment:
1: Resolution – Amendment to Contract with Trip Stop Sidewalk Repairs, Inc.

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

CONTRACT NO. 32000147 AMENDMENT: TRIP STOP SIDEWALK REPAIR, INC. FOR FY 2020 SIDEWALK INSPECTION AND SHAVING SERVICES PROJECT WHEREAS, the FY2020 Sidewalk Inspection and Shaving Services Project, Specification No. 20-11345-C, is part of the City's ongoing Sidewalk Capital Improvement Program to address uplifted sidewalks that pose trip hazards to the public on sidewalks located throughout the City; and
WHEREAS, on August 26, 2019, the City released a Request for Qualifications for the FY2020 Sidewalk Inspection and Shaving Services Project, Specification No. 20-11345-C, seeking firms to provide inspection, analysis, and concrete shaving services; and
WHEREAS, on December 3, 2019, by Resolution No. 69,195-N.S., the City Council authorized Contract No. 32000147 with Trip Stop Sidewalk Repair, Inc. for FY 2020 Sidewalk Inspection and Shaving Services, in an amount not to exceed $450,000; and WHEREAS, on April 27, 2021, by Resolution No. 69,822-N.S., the City Council authorized the City Manager to amend Contract No. 32000147 with Trip Stop Sidewalk Repair, Inc., increasing the contract amount by $1,000,000 to an amount not to exceed $1,450,000; and
WHEREAS, Public Works continues to identify areas of interest to deploy Trip Stop Sidewalk Repair, Inc. to address trip hazards; and
WHEREAS, the City has neither the labor nor the equipment necessary to undertake the FY2020 Sidewalk Inspection and Shaving Services Project; and WHEREAS, funds are available in the current year budget in the Measure F VRF Fund (Fund 133), the Measure BB Fund (Fund 134), and the Capital Improvement Fund (Fund 501).

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute an amendment to Contract No. 32000147 with Trip Stop Sidewalk Repair, Inc. for FY 2020 Sidewalk Inspection and Shaving Services, increasing the amount by $835,969 for a total not to exceed $2,285,969. A record signature copy of the said contract and any amendments are to be on file in the Office of the City Clerk.

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CONSENT CALENDAR
June 27, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Liam Garland, Director, Public Works
Subject: Ground Lease Agreement – RM Ventures LLC, d.b.a In the Wood Grill and Bar for Nonexclusive Use of Elmwood Parking Lot Pedestrian Paseo

RECOMMENDATION
Adopt the first reading of an Ordinance authorizing the City Manager to execute a ground lease agreement with RM Ventures LLC d.b.a., In the Wood Grill and Bar for the nonexclusive use of a portion of the Elmwood Parking Lot Pedestrian Access Path (“Paseo”), a City-owned midblock pedestrian path connecting the City’s Elmwood Parking Lot to College Avenue in the Elmwood Neighborhood Shopping District, for an initial term of ten (10) years with one optional ten (10) year lease extension.

FISCAL IMPACTS OF RECOMMENDATION
This land lease agreement for nonexclusive use of 557 square feet anticipates total revenue of $19,156 for the initial ten (10) year term. The initial monthly price per square foot is $0.25 with an annual adjustment of 3% beginning the second year after the Commencement Date of the lease. The tenant is also required to maintain the entire width and length of the Paseo, including the pedestrian path, clean and free of trash on a daily basis. Rent will be deposited into the Off-Street Parking Fund for Surface Parking Lot Revenue.

CURRENT SITUATION AND ITS EFFECTS
Prospective tenant, RM Ventures LLC, d.b.a, In the Wood, a restaurant located at 2930 College Avenue currently uses a portion of the Elmwood Parking Lot Paseo, a midblock paved pedestrian path connecting the City’s Elmwood Parking Lot to College Avenue in the Elmwood Neighborhood Shopping District to serve food and drinks, including beer and wine. Owners of In the Wood Grill and Bar recently applied and had approved a Planning Use Permit to add license for service of distilled spirits, in addition to beer and wine at the restaurant and outdoor dining area. Approval of this lease will correct a prior incorrect determination that the area is public right of way, ensure tenant has sufficient liability insurance coverage for the nonexclusive use of the property, and ensure conformance with an existing easement requiring a pedestrian access path at all times.

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Ground Lease: Nonexclusive Use of Elmwood Parking Lot Paseo CONSENT CALENDAR June 27, 2023

Page 2 ends

BACKGROUND
In 2022, RM Ventures applied for a Planning Use Permit to add license for service of distilled spirits at In the Wood Grill and Bar, a restaurant with outdoor dining area.

During the application review process, City staff determined that previous approvals for the outdoor dining area incorrectly categorized the area as public right of way and issued approval for the use with a sidewalk café permit. Sidewalk café permits are only for public right of way.

The area is the Elmwood Parking Lot Paseo and is private property owned by the City of Berkeley. It consists of a portion of two parcels (APNs 052-156800700 and 052- 156800601) that combined with six other parcels are the City’s Elmwood Parking Lot.

The portion of interest is a midblock, paved passageway between the parking lot and College Avenue. The Planning Use Permit (ZP2022-0139) to add a license for distilled spirits included Outdoor Dining Conditions and was approved February 23, 2023 and the outdoor dining area is shown in Exhibit A (Premises). With input from the City Attorney’s Office it was determined that a land lease granting nonexclusive use of the Paseo to RM Ventures, LLC is the solution that ensures appropriate liability protections and a fair rent is collected by the City.

If approved, the restaurant’s use of the area is nonexclusive because during nonoperational hours In the Wood Grill and Bar will remove all tables and chairs in the outdoor dining area and store them in a 60 square foot area at the west end of the Paseo. To ensure conformance with the existing easement agreement, the potential tenant and Public Works will work together to clearly mark the limits of the patio dining area to ensure no encroachment into the six-foot wide public access path at all times.

This ensures adjacent business owners and operators, their customers, City maintenance staff, and the general public will have a generous access path at all times as required by the easement. The storage area and pedestrian path are shown in Exhibit A (Premises).

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
None.

RATIONALE FOR RECOMMENDATION
The Elmwood Parking Lot Paseo is not public right of way. Approval of this lease will correct a prior incorrect determination that the area is public right of way, ensure tenant has sufficient liability insurance coverage for the nonexclusive use of the property, and ensure conformance with an existing easement requiring a pedestrian access path at all times.

ALTERNATIVE ACTIONS CONSIDERED
None.

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Ground Lease: Nonexclusive Use of Elmwood Parking Lot Paseo CONSENT CALENDAR June 27, 2023

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CONTACT PERSON
Dionne Early, Community Development Project Coordinator, Public Works Department, (510) 981-6453
Attachments:
1: Ordinance
Exhibit A: Ground Lease
Exhibit A: Premises
Exhibit B: Term and Payment
Exhibit C: Use Permit

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ORDINANCE NO. -N.S.

LAND LEASE AGREEMENT BETWEEN CITY OF BERKELEY AND RM VENTURES, LLC D.B.A., IN THE WOOD GRILL AND BAR
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. FINDINGS:

The City owns six parcels upon which the Elmwood Parking Lot and Paseo, a midblock pedestrian pathway is located. The Paseo (located on APNs 052-156800700 and 052- 156800601) connects visitors from the parking lot to College Avenue and back.

Additionally, an easement established when the City purchased the property guarantees access through the Paseo and throughout the parking lot for all property and business owners adjacent to the Lot. The City previously, and incorrectly, issued a sidewalk café permit agreement for partial use of the Paseo for dining and flower sales. The City and tenant, RM Ventures, LLC d.b.a., In the Wood Grill and Bar agreed to enter into this nonexclusive use land lease agreement which replaces the previous sidewalk café permit and designates 497 square feet along the southern property line of 2930 College be used as an outdoor dining area, 60 square feet be used for storage of outdoor furniture during restaurant closures, and the remainder to be a minimum six-foot-wide pedestrian path maintained at all times. The initial term of the new agreement shall be for an initial ten-year term with an option to extend for one additional ten-year term. The total revenue for the initial ten-year term of the agreement will be $19,156 which will be entered into Off-Street Parking Fund account code 627-54-622-6665-3004-000- 000462110 for Surface Parking Lot Revenue.

Section 2. AUTHORIZATION FOR CITY MANAGER TO ENTER INTO NONEXCLUSIVE USE LAND LEASE AT APNs 052-156800700 and 052-156800601 as set forth in Exhibit A.

The City Manager is hereby authorized to enter into a ten-year lease agreement with the option for a 10-year extension with RM Ventures, LLC d.b.a., In the Wood Grill and Bar for real property located on parcels designated sections of APNs 052-156800700 and 052-156800601. Such lease shall be on substantially the terms set forth in Exhibit A.

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

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GROUND LEASE BETWEEN

THE CITY OF BERKELEY AND
RM VENTURES, LLC D.B.A., IN THE WOOD GRILL & BAR
This lease is made retroactively effective on March 1, 2023 the CITY OF BERKELEY ("Landlord"), a Charter City organized and existing under the laws of the State of California and RM Ventures LLC ("Tenant"), a limited liability corporation d.b.a., In the Wood Grill and Bar, a restaurant who agree as follows:

This lease is made with reference to the following facts and objectives:

A. Landlord is the owner of the real property assessor parcel numbers (APN) 052- 156800700 and 052-1568601, adjacent to the property line of 2930 College Avenue, Berkeley, California, ("premises") as further described in Exhibit A, attached to and made a part of this lease.

B. Tenant is willing to accept a nonexclusive use lease of the premises from Landlord pursuant to the provisions stated in this lease.

C. Tenant wishes to lease the premises for the purpose of using 497 square feet of land as outdoor dining patio during In the Wood Grill and Bar’s hours of operation and using an additional 60 square feet of space for storage of outdoor dining furniture during hours of nonoperation.

D. Tenant has examined the premises and is fully informed of the condition thereof.

1. DESCRIPTION OF PREMISES
Landlord leases to Tenant and Tenant leases from Landlord the premises described as: Approximately 557 square feet (“Premises”) of paved land owned by the Landlord, located within the midblock access path connecting the City’s Elmwood Parking Lot to College Avenue between Russell Street and Ashby Avenue in the northwest corner of the neighborhood shopping district in Berkeley, California and commonly known as the Elmwood Parking Lot pedestrian access alley (“Paseo”), as shown outlined on Exhibit A - Premise, attached hereto and made a part of this Lease.

2. TERM
The term of this lease shall commence retroactively on March 1, 2023. The effective date of the ordinance provides and shall be for a period of ten (10) years. Lease includes one (1) optional ten (10) year extension as shown in Exhibit B – Term and Rent, attached hereto and made a part of this Lease. In order to exercise this option, Tenant must give written notice of its election to do so to Landlord at least 180 days, but not more than one year, prior to the expiration date of the initial lease term. Tenant shall have no other right to extend the term beyond the option period.

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3. RENT
Tenant shall pay to Landlord as annual rent, without deduction, setoff, prior notice, or demand, the sum of $1,671.00 for the first year of the initial term within 30 days of approval and execution of the lease. Thereafter, annual rent will be due on the first day of each term year commencing on the date the term commences, and continuing during the term. Annual rent for the first year shall be paid on the day the term commences (March 1st). All rent shall be paid to Landlord at the address to which notices to Landlord are given.

4. PERIODIC RENT INCREASES
The monthly rent shall be increased at the commencement of the second year of the term and each year thereafter ("the adjustment date") by three percent (3%). The following table list the amount due for each year of the initial term:

TIME PERIOD ANNUAL RENTAL
Year 1 March 1, 2023 – February 29, 2024 $1,671.00
Year 2 March 1, 2024 – February 28, 2025 $1,721.13
Year 3 March 1, 2025 – February 28, 2026 $1,772.76
Year 4 March 1, 2026 – February 28, 2027 $1,825.95
Year 5 March 1, 2027 – February 29, 2028 $1,880.73
Year 6 March 1, 2028 – February 28, 2029 $1,937.15
Year 7 March 1, 2029 – February 28, 2030 $1,995.26
Year 8 March 1, 2030 – February 28, 2031 $2,055.12
Year 9 March 1, 2031 – February 29, 2032 $2,116.77
Year 10 March 1, 2032 – February 28, 2033 $2,180.28
Rent shall be payable in advance on the first (1st) day of the month of each year of the Term of this Lease and paid to City of Berkeley at the address to which notices to Landlord are given.

5. SECURITY DEPOSIT
The lease is for nonexclusive use of the Premises, a paved outdoor space open to inspection by the Landlord at any and all times. No security deposit for the Premises is requested or required by the Landlord.

6. LATE CHARGES
Tenant acknowledges that late payment by Tenant to Landlord of rent and other

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sums due hereunder will cause Landlord to incur costs not contemplated by this lease, the exact amount of which will be extremely difficult to ascertain. Therefore, if any installment of rent or any other sum due from Tenant is not received by Landlord within ten (10) days after such amount is due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to ten percent (10%) of such overdue amount. The parties agree that this late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies available to it.

7. USE OF PREMISES; OPERATION
a. Tenant agrees and understands the premises is lease in its “AS IS” condition and that use of the premises is nonexclusive.
b. Tenant will use the premises for the purpose of outdoor dining including service of beer, wine, and spirits as detailed in approved Use Permit #ZP2022-0139 for the restaurant located at 2930 College Avenue and storage of furniture used for that outdoor dining area and agrees to continuously and uninterruptedly occupy and use the entire leased premises for said purpose and to maintain adequate personnel for the efficient service of clients or customers. Tenant shall not use nor permit the use of the whole or any part of the premises for any other purpose without the Landlord's prior written consent. b. Business may be conducted with the public on the leased premises at any time on any day, provided that, to do business after 10:00 p.m. on any day Tenant shall have obtained any permit required by federal, state or local law. Tenant shall operate the outdoor dining area with sufficient staff to serve patrons and only during the hours of operation of the associated restaurant and in conformance with any and all permits required by federal, state, or local law.

Tenant shall serve beer, wine, and spirits in conformance with City of Berkeley Use Permit #ZP2022-0139 for a Type 47 ABC license.
c. In addition to Tenant’s agreement to abide by all other restrictions on Tenant’s use, Tenant shall maintain at all times a minimum six-foot wide pedestrian path parallel to the outdoor dining and storage area to ensure a midblock pedestrian path to and from the Elmwood Parking Lot and College Avenue is continuously maintained in the Paseo. Tenant agrees that any violation of this use restriction shall constitute a default by Tenant under the lease, and that Landlord’s notice to Lessee of this specific use restriction shall not be deemed a waiver by Landlord of any other use restriction imposed on the Tenant for the use of the demised premises.

8. TAXES AND ASSESSMENTS
a. Tenant understands that because this lease is for the nonexclusive use of land owned and operated by the City of Berkeley no possessory interest in the property will be created

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and therefore the tenant will not be subject to property tax, assessments or utility taxes for the ground leased to the tenant.
b. Tenant shall pay all taxes on its personal property, fixtures and on its leasehold or possessory interest in the leased premises and any other assessment that may be lawfully levied.

9. UTILITIES
Tenant agrees to pay any and all charges for electricity, gas, heat, cooling, telephone, sewer use, water, refuse collection and other utilities used in the premises. Tenant shall arrange for refuse collection services by the City of Berkeley. Landlord is responsible for the pedestrian lighting and utilities associated with pedestrian lighting in the Paseo.

10. MAINTENANCE AND REPAIR
a. Tenant is responsible for ensuring that the premises meet all applicable City of Berkeley codes prior to occupancy under this lease.
b. Tenant shall keep and maintain in good order, condition and repair (except for reasonable wear and tear) all portions of the premises including without limitation, sewage facilities serving the leased premises, landscaping, and the sidewalk adjacent to the premises. c. Tenant shall make all required repairs upon demand by Landlord. Failure to make such repairs within thirty (30) days of the Landlord's demand shall constitute a default by Tenant.

11. IMPROVEMENTS
a. Tenant shall not erect additions or structures nor make nor cause to be made any alterations, improvements, additions, or fixtures that affect the premises, nor shall Tenant mark, paint, drill or in any way deface any floors, walls, or partitions of the premises without first providing thirty (30) days' written notice to Landlord. If Landlord raises no objections within thirty (30) days after receipt of such notice, Tenant may proceed. b. Tenant shall require all contractors to provide a labor and materials bond for the full amount of the contract. Tenant shall pay, when due, all sums of money that may be due or become due for any labor, services, materials, supplies or equipment furnished to or for Tenant, in, at, upon or about the leased premises and which may be secured by any mechanic's, materialmen's or other lien against the premises or Landlord's interest therein. c. All alterations, improvements or additions that are now or in the future

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attached permanently to the premises shall be the property of Landlord and remain with the premises at the termination of this lease, except that Landlord can elect within thirty (30) days of the termination of the lease to require Tenant, at its cost, to remove any alterations, improvements or additions Tenant has made to the premises.

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

13. INSURANCE
a. Tenant at its cost shall maintain public liability and property damage insurance with a single combined liability limit of $2,000,000 and property damage limits of not less than $200,000 insuring against all liability of Tenant and its authorized representatives arising out of and in connection with Tenant's use or occupancy of the premises. All such insurance shall insure performance by Tenant of the preceding indemnity provisions. All insurance shall name the City of Berkeley, its officers, agents, volunteers and employees as additional insureds and shall provide primary coverage with respect to the City. b. If the insurance referred to above is written on a Claims Made Form, then following termination of this lease, coverage shall survive for a period of not less than five years.

Coverage shall also provide for a retroactive date of placement coinciding with the effective date of this lease.
c. Tenant at its cost shall maintain on all its personal property, tenant's improvements, and alterations, in on, or about the premises, a policy of standard fire and extended coverage insurance, with vandalism and malicious mischief endorsements. This coverage shall be considered primary, and the proceeds from any such policy shall be used by Tenant for the replacement of personal property or the restoration of tenant's improvements or alterations.
d. If Tenant employs any person, it shall carry workers' compensation and employer's liability insurance and shall provide a certificate of insurance to the Landlord. The workers' compensation insurance shall: provide that the insurance carrier shall not cancel,

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terminate, or otherwise modify the terms and conditions of said insurance except upon thirty (30) days prior written notice to the Landlord; provide for a waiver of any right of subrogation against Landlord to the extent permitted by law; and be approved as to form and sufficiency by the Landlord's Risk Manager.
e. Tenant shall forward all insurance documents to: Real Property, Department of Public Works, 1947 Center Street, Fifth Floor, Suite 521, Berkeley, California, 94704.

14. COMPLIANCE WITH LAW AND SAFETY
a. Tenant shall observe and comply with all applicable laws, ordinances, codes and regulations of governmental agencies, including federal, state, municipal and local governing bodies having jurisdiction over any or all of the Tenant's activities, including all provisions of the Occupational Safety and Health Act of 1979 and all amendments thereto, and all applicable federal, state, municipal, and local safety regulations. All Tenant's activities must be in accordance with these laws, ordinances, codes, and regulations. b. If a death, serious personal injury, or substantial property damage occurs in, on, or about the premises, Tenant shall immediately notify the Landlord's Risk Management Office by telephone. If any accident occurs on the premises, Tenant shall promptly submit a written report to Landlord, in such form as Landlord may require. This report shall include the following information: 1) name and address of the injured or deceased person(s), (2) name and address of Tenant's contractor, if any, (3) name and address of Tenant's liability insurance carrier, and (4) a detailed description of the accident. c. If a release of hazardous materials or hazardous waste that cannot be controlled occurs on the premises, Tenant shall immediately notify the City of Berkeley Police Department and the City's Emergency and Toxics Management Office. Tenant shall not store hazardous materials or hazardous waste on the premises without a proper permit from the City.

15. NON-DISCRIMINATION AGAINST PERSONS WITH DISABILITIES a. If Tenant provides any aid, service or benefit to others on the City's behalf, Tenant shall, in the provision of such aid, service or benefit, observe and comply with all applicable provisions of Title II of the Americans with Disabilities Act of 1990 and any amendments thereto. Tenant shall further observe and comply with all applicable federal, state, municipal and local laws, ordinances, codes and regulations prohibiting discrimination against individuals with disabilities or ensuring that individuals with disabilities are not excluded from participating in or receiving benefits, services or activities of the City. b. If Tenant is or becomes a "public accommodation" as defined in Title III of the Americans with Disabilities Act of 1990, Tenant shall observe and comply with all applicable provisions of the Act and any amendments thereto, and all applicable federal, state, municipal

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and local laws, ordinances, codes and regulations prohibiting discrimination on the basis of disability in the full and equal enjoyment of goods, services, facilities, privileges, advantages, or accommodations offered by the Tenant. All Tenant's activities must be in accordance with these laws, ordinances, codes, and regulations, and Tenant shall be solely responsible for complying therewith.

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

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

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

18. OPPRESSIVE STATES
a. In accordance with Resolution No. 59,853-N.S., Tenant certifies that it has no contractual relations with, and agrees during the term of this Lease to forego contractual relations to provide personal services to or to purchase, sell, lease or distribute commodities in the conduct of business with, the following entities:
(1) The governing regime in any Oppressive State.
(2) Any business or corporation organized under the authority of the governing regime of any Oppressive State.
(3) Any individual, firm, partnership, corporation, association, or any other commercial organization, and including parent-entities and wholly-owned subsidiaries (to the extent that their operations are related to the purpose of its contract with the City), for the express purpose of assisting in business operations or trading with any public or private entity located in any Oppressive State.

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b. For purposes of this lease, the Tibet Autonomous Region and the provinces of Ado, Kham, and U-Tsang shall be deemed oppressive states. c. Tenant’s failure to comply with this section shall constitute a default of this lease and Landlord may terminate this lease pursuant to Section 26. In the event that the City terminates this lease due to a default under this provision, City may deem Tenant a non- responsible bidder for five (5) years from the date this lease is terminated.

19. BERKELEY LIVING WAGE ORDINANCE
a. Tenant agrees to comply with Berkeley Municipal Code Chapter 13.27, the Berkeley Living Wage Ordinance. If Tenant employs six (6) or more part-time, full-time or stipend employees, and generates $350,000 or more in annual gross receipts, Tenant will be required to provide all eligible employees with City mandated minimum compensation during the term of this lease, as defined in B.M.C. Chapter 13.27, and well as comply with the terms enumerated herein.
b. Tenant shall be required to maintain all reasonable records and documents that would establish whether Tenant is subject to Berkeley's Living Wage Ordinance (LWO). If Tenant is subject to the LWO, as defined therein, Tenant shall be further required to maintain monthly records of those employees located on the leased premises. These records shall include the total number of hours worked, the number of hours spent providing service on the leased property, the hourly rate paid, and the amount paid by Tenant for health benefits, if any, for each of its employees providing services under the lease. The records described in this Section shall be made available upon the City's request. The failure to produce these records upon demand shall be considered a default, subject to the provisions contained in sections 25 and 26 herein.

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

Tenant's failure to comply with this Section shall constitute default of the lease, upon which City may terminate this lease pursuant to Section 26.

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

20. BERKELEY EQUAL BENEFITS ORDINANCE
a. Tenant hereby agrees to comply with the provisions of the Berkeley Equal Benefits Ordinance, B.M.C. Chapter 13.29. If Tenant is currently subject to the Berkeley Equal Benefits Ordinance, Tenant will be required to provide all eligible employees with City mandated equal benefits during the term of this lease, as defined in B.M.C. Chapter 13.29, as well as comply with the terms enumerated herein.
b. If Tenant is currently or becomes subject to the Berkeley Equal Benefits Ordinance, Tenant agrees to supply the City with any records the City deems necessary to determine compliance with this provision. Failure to do so shall be a considered a default, subject to the provisions of Sections 25 and 26 of this lease. c. If Tenant fails to comply with the requirements of this Section, City shall have the rights and remedies described in this Section, in addition to any rights and remedies provided by law or equity.

Tenant’s failure to comply with this Section shall constitute default of the lease, upon which City may terminate this lease pursuant to Section 26.

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

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

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

23. DAMAGE OR DESTRUCTION
If the premises are totally or partially destroyed from any cause, rendering the premises totally or partially inaccessible or unusable, Landlord may elect to terminate this lease or continue this lease in effect by giving notice to Tenant within thirty (30) days of the date of destruction. If Landlord elects to continue this lease in full force and effect, then Landlord shall restore the premises and the rent shall be abated, from the date of destruction until the date restoration is completed, in an amount proportionate to the extent to which the destruction interferes with Tenant's use of the premises. If Landlord fails to give notice of its decision to terminate or continue this lease within the period stated, Tenant may elect to terminate this lease.

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

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

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

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

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

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

3. Failure to perform any other provision of this lease if the failure to perform is not cured within 30 days after notice has been given to Tenant. If the default cannot reasonably be cured within 30 days, Tenant shall not be in default of this lease if Tenant commences to cure the default within the 30-day period and diligently and in good faith continues to cure the default.
b. Notices given under this paragraph shall specify the alleged default and the applicable lease provisions, and shall demand that Tenant perform the provisions of this lease or pay the rent that is in arrears, as the case may be, within the applicable period of time, or quit the premises. No such notice shall be deemed a forfeiture or a termination of this lease unless Landlord so elects in the notice. The purpose of the notice requirements set forth in this section is to extend the notice requirements of the unlawful detainer statutes of California.

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

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

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

If Landlord elects to relet the premises as provided in this paragraph, rent that Landlord receives from reletting shall be applied to the payment of: first, any indebtedness from Tenant to Landlord other than rent due from Tenant; second, all costs, including for maintenance, incurred by Landlord in reletting; third, rent due and unpaid under this lease. After

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deducting the payments referred to in this paragraph, any sum remaining from the rent Landlord receives from reletting shall be held by Landlord and applied in payment of future rent as rent becomes due under this lease. In no event shall Tenant be entitled to any excess rent received by Landlord. If, on the date rent is due under this lease, the rent received from the reletting is less than the rent due on that date, Tenant shall pay to Landlord, in addition to the remaining rent due, all costs, including for maintenance, Landlord incurred in reletting that remain after applying the rent received from the reletting as provided in this paragraph. b. Termination of Tenant's Right to Possession. Landlord can terminate Tenant's right to possession of the premises at any time. No act by Landlord other than giving notice to Tenant shall terminate this lease. Acts of maintenance, efforts to relet the premises, or the appointment of a receiver on Landlord's initiative to protect Landlord's interest under this lease shall not constitute a termination of Tenant's right to possession. On termination, Landlord has the right to recover from Tenant:
i. The worth, at the time of award, of the unpaid rent that had been earned at the time of termination of this lease;
ii. The worth, at the time of award, of the amount by which the unpaid rent that would have been earned after the date of termination of this lease until the time of award exceeds the amount of the loss of rent that Tenant proves could have been reasonably avoided;
iii. The worth, at the time of award, of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of the loss of rent that Tenant proves could have been reasonably avoided; and
iv. Any other amount, and court costs, necessary to compensate Landlord for all detriment proximately caused by Tenant's default. "The worth, at the time of award," as used in i and ii of this section, is to be computed by allowing interest at the maximum rate an individual is permitted by law to charge. "The worth, at the time of award," as referred to in iii of this section, is to be computed by discounting the amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus 1%.
c. Appointment of Receiver. If Tenant is in default of this lease Landlord shall have the right to have a receiver appointed to collect rent and conduct Tenant's business. Neither the filing of a petition for the appointment of a receiver nor the appointment itself shall constitute an election by Landlord to terminate this lease.
d. Landlord's Right to Cure. Landlord, at any time after Tenant commits a default, can cure the default at Tenant's cost. If Landlord at any time, by reason of Tenant's

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default, pays any sum or does any act that requires the payment of any sum, the sum paid by Landlord shall be due immediately from Tenant to Landlord at the time the sum is paid, and if paid at a later date shall bear interest at the maximum rate an individual is permitted by law to charge from the date the sum is paid by Landlord until Landlord is reimbursed by Tenant. The sum, together with interest on it, shall be additional rent.

27. ASSIGNMENT AND SUBLETTING
Tenant shall not voluntarily assign or encumber its interest in this lease or in the premises, or sublease all or any part of the premises, or allow any other person or entity (except Tenant's authorized representative) to occupy or use all or any part of the premises, without first obtaining Landlord's consent in writing with signature from City of Berkeley City Manager.

Any assignments, encumbrance, or sublease without Landlord's consent shall be voidable and, at Landlord's election, shall constitute a default. No consent to any assignment, encumbrance, or sublease shall constitute a further waiver of the provisions of this paragraph.

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

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

To the Landlord: Real Property Administrator
Department of Public Works
1947 Center Street, Fifth Floor, Suite 521
Berkeley, CA 94704
To the Tenant: RM Ventures, LLC – In the Wood Gastro Pub 2930 College Avenue
Berkeley, CA 94705

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

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

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

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

32. OPTION TO RENEW
a. Option Period. So long as Tenant is not in default under this lease, either at the time of exercise or at the time the extended term commences, Tenant will have the option to extend the initial term of this lease for an additional period of ten (10) years (the "option period") on the same terms, covenants, and conditions of this lease, except that the initial monthly rent and yearly rent increases during the option period will be determined as described below. In order to exercise this option, Tenant must give written notice of its election to do so to Landlord at least 180 days, but not more than one year, prior to the expiration date of the initial lease term.

Tenant shall have no other right to extend the term beyond the option period. b. Option Period Monthly Rent. For the purposes of this section, the "then-fair market rental value of the premises" means what a Landlord under no compulsion to lease the premises and a Tenant under no compulsion to lease the premises would determine as rents (including initial monthly rent and rental increases) for the option period, as of its

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commencement, taking into consideration the uses permitted under this lease, the quality, size, design and location of the premises, and the rent for comparable buildings located in the vicinity of the premises. Except, however, that the initial monthly rent and yearly rent increases for the option period shall not be less than that provided during the initial lease term.

Landlord and Tenant shall have thirty (30) days after Landlord receives the option notice within which to agree on the then-fair market rental value of the premises. If Landlord and Tenant are unable to agree on the then-fair market value of the premises during that period, the then-fair market rental value of the premises shall be determined as follows:

Within seven (7) days after the expiration of the thirty (30) day period set forth in the preceding paragraph, Landlord and Tenant shall each, at their own expense, appoint a real estate appraiser with at least five (5) years' full-time commercial appraisal experience in the area in which the premises are located to determine the then-fair market rental value of the premises.

If either Landlord or Tenant does not appoint an appraiser within ten (10) days after receiving notice by the other of the name of its appraiser, the single appraiser appointed will be the sole appraiser and will set the then-fair market rental value of the premises. If two appraisers are appointed, they will meet promptly and attempt to agree upon the then-fair market rental value of the premises.

If the two appraisers are unable to agree within thirty (30) days after the second appraiser has been appointed, they shall attempt to select a third appraiser within ten (10) days after said thirty (30) day period. If they are unable to agree on the third appraiser, either Landlord or Tenant, by giving ten (10) days' prior notice to the other, can apply to the president of the Alameda County Real Estate Board or the American Arbitration Association for the selection of a third appraiser. The third appraiser, however selected, must meet the qualifications stated in this subsection and be a person who has not previously acted in any capacity for either Landlord or Tenant. Landlord and Tenant shall each bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee.

Within thirty (30) days after the selection of the third appraiser, the appraisers shall attempt to agree upon the then-fair market rental value of the premises. If a majority of the appraisers is unable to so agree, the three appraisals will be averaged and the average shall be the then-fair market rental value of the premises.

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

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

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

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

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

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

39. ENTIRE AGREEMENT, AMENDMENTS
This lease and all exhibits attached and any documents expressly incorporated by reference contain the entire agreement between the parties regarding the lease of the premises described herein and shall supersede any and all prior agreements, oral or written, between the parties regarding the lease of these premises. This lease cannot be altered or otherwise modified except by a written amendment.

40. CONSENT OF PARTIES
Whenever consent or approval of either party is required, that party shall not

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unreasonably withhold such consent or approval.

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

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

LANDLORD

CITY OF BERKELEY
By:

City Manager
Registered on behalf
of the City Auditor by:

Finance Department

THIS CONTRACT HAS BEEN

APPROVED AS TO FORM BY

THE CITY ATTORNEY FOR

THE CITY OF BERKELEY
06/2004
Attest by:

City Clerk
TENANT
By:

Printed Name: Richard Tapp
Title:

Managing Member of RM
Ventures LLC dba In the Wood
Berkeley Business
License No.: BL-008950

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LEASE PAYMENT SCHEDULE FOR ELMWOOD PASEO CAFÉ SPACE
YEAR 1 2 3 4 5 6 7 8 9 10
MONTH 1 139.25$ 143.43$ 147.73$ 152.16$ 156.73$ 161.43$ 166.27$ 171.26$ 176.40$ 181.69$ MONTH 2 139.25$ 143.43$ 147.73$ 152.16$ 156.73$ 161.43$ 166.27$ 171.26$ 176.40$ 181.69$ MONTH 3 139.25$ 143.43$ 147.73$ 152.16$ 156.73$ 161.43$ 166.27$ 171.26$ 176.40$ 181.69$ MONTH 4 139.25$ 143.43$ 147.73$ 152.16$ 156.73$ 161.43$ 166.27$ 171.26$ 176.40$ 181.69$ MONTH 5 139.25$ 143.43$ 147.73$ 152.16$ 156.73$ 161.43$ 166.27$ 171.26$ 176.40$ 181.69$ MONTH 6 139.25$ 143.43$ 147.73$ 152.16$ 156.73$ 161.43$ 166.27$ 171.26$ 176.40$ 181.69$ MONTH 7 139.25$ 143.43$ 147.73$ 152.16$ 156.73$ 161.43$ 166.27$ 171.26$ 176.40$ 181.69$ MONTH 8 139.25$ 143.43$ 147.73$ 152. 16$ 156.73$ 161.43$ 166.27$ 171.26$ 176.40$ 181.69$ MONTH 9 139.25$ 143.43$ 147.73$ 152.16$ 156.73$ 161.43$ 166.27$ 171.26$ 176.40$ 181.69$ MONTH 10 139.25$ 143.43$ 147.73$ 152.16$ 156.73$ 161.43$ 166.27$ 171.26$ 176.40$ 181.69$ MONTH 11 139.25$ 143.43$ 147.73$ 152.16$ 156.73$ 161.43$ 166.27$ 171.26$ 176.40$ 181.69$ MONTH 12 139.25$ 143.43$ 147.
73$ 152.16$ 156.73$ 161.43$ 166.27$ 171.26$ 176.40$ 181.69$ ANNUAL TOTAL: 1,671.00$ 1,721.13$ 1,772.76$ 1,825.95$ 1,880.73$ 1,937.15$ 1,995.26$ 2,055.12$ 2,116.77$ 2,180.28$ TEN YEAR TOTAL: 19,156.14$
PREMISES AREA (SQFT): Payments must name the CITY OF BERKELEY as the payee.

MONTHLY RATE PER SQFT:

INITIAL MONTHLY RENT:

A
NNUAL INCREASE:

LEASE START DATE:

INITIAL TERM:

INITIAL TERM TERMINATION DATE:

NOTIFY LANDLORD FOR OPTION BY: City of Berkeley
OPTION START DATE: Public Works Real Property
OPTION TERM: 1947 Center Street, 5th Flr, Suite 521
OPTION TERMINATION DATE: Berkeley, CA 94704
March 1, 2033
120 MONTHS
February 28, 2043
February 28, 2033
September 1, 2032
EXHIBIT B TO THE LEASE:

PAYMENT, TERM AND DATES
Please include the follow ACCOUNT NUMBER in the notes section of checks, money orders, or other payments made to CITY OF BERKELEY:

Please send lease payments to the following ADDRESS:
120 MONTHS
March 1, 2023
139.25$
557

0. 25$

3.00%
627-54-622-6665-3004-000-000-462110-

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Attachment 1
Findings and Condition s
FEBRUARY 23, 2023

1947 Center Street, Berkeley, CA 94704 Tel: 510.981.7410 TDD: 510.981.7474 Fax: 510.981.7420 E-mail: [email protected]
2930 College Avenue

Use Permit #ZP2022-0139 to add the service of distilled spirits under a new Type 47 ABC license, expand the existing outdoor seating area by 239 square feet on private property, and allow indoor unamplified live music at an existing full- service restaurant.

PERMITS REQUIRED
• Use Permit, pursuant to Berkeley Municipal Code (BMC) Section 23.310.020, to add distilled spirits under a new Type 47 ABC license.

I. CEQA FINDINGS

1. The project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA, Public Resources Code §21000, et seq. and California Code of Regulations, §15000, et seq.) pursuant to Section 15301 of the CEQA Guidelines (“Existing Facilities”).

The project meets all of the requirements of this exemption, as follows:

A. The project is consistent with the applicable General Plan designation and policies, and with the applicable zoning designation and regulations.

B. The project occurs within the Berkeley City limits on a project site of no more than five acres, and is surrounded by urban uses.

C. The parcel within the project site have previously been developed and have no value as habitat for endangered, rare or threatened species.

D. The project would not result in any significant effects relating to traffic, noise, air quality or water quality. City Standard Conditions would address potential impacts related to traffic, noise, air quality, and water quality.

E. The site can be adequately served by all required utilities and public services.

2. Furthermore, none of the exceptions in CEQA Guidelines Section 15300.2 apply, as follows:
(a) the site is not located in an environmentally sensitive area, (b) there are no cumulat ive impacts, (c) there are no significant effects, (d) the project is not located near a scenic highway, (e) the project site is not located on a hazardous waste site pursuant to Government Code Section 65962.5, and (f) the project would not affect any historical resource.

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II. FINDINGS FOR APPROVAL

1. As required by Section 23.406.040(E) of the BMC, the project, under the circumstances of this particular case existing at the time at which the application is granted, would not be detrimental to the health, safety, peace, morals, comfort, and general welfare of the persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements of the adjacent properties, the surrounding area or neighborhood, or to the general welfare of the City because:

A. The project is consistent with all applicable C-E District standards, including use and hours of operation;
B. The addition of distilled spirits alcoholic beverage service in the existing restaurant will not expand the footprint of the business. The proposed service will provide an additional option for patrons in the College Avenue area;
C. The alcohol service will be incidental to the overall food service use, and as such, alcohol sales will not have detrimental impact on public health, safety, or peace; and D. The permit is subject to the standard conditions for alcohol sales, which will ensure that the restaurant will continue to be a good neighbor.

III. OTHER FINDINGS FOR APPROVAL

1. As required by Section 23.204.080(E) of the BMC, the Zoning Adjustments Board finds that:
1) The proposed use will:
a) Encourage and maintain the present street frontage and pedestrian orientation of the district;
b) Be compatible in design and character with the commercial district and the adjacent residential neighborhoods; and
c) Be compatible with the purposes set forth in Section 23.204.080.A and the existing character of the district.
2) The proposed use will not:
a) Interfere with the continuity of retail or compatible service facilities at the ground level; b) Interrupt a continuous wall of building facades;
c) Generate traffic and parking demand beyond the capacity of the commercial district or significantly increase impacts on adjacent residential neighborhoods; d) Result in domination of this district by one type of use; and e) Generate objectionable odors nor excessive levels of noise.

2. As required by Section 23.310.020(D) of the BMC, the Zoning Adjustments Board finds that:

A. There are two other Type 47 ABC permits within a 1,000-foot radius of the subject site.

B. The proposed establishment of distilled spirits service will promote the City’s economic health, contribute to General Plan or Area Plan policies, or further the district purposes because the addition of distilled spirits would mean greater tax revenue for the City of Berkeley, would increase the economic health of the business, whose cuisine offers a unique culinary opportunity for the community, and the additional service would contribute to the cultural, economic, and social opportunities in the Elmwood Commercial District.

C. The addition of distilled spirits to the menu would potentially increase the economic success of the business in a way that would likely not be available with just beer and wine service.

D. This restaurant, which already exists in this neighborhood, has not been the subject of any State of California violations, and has not had any calls for service from the Berkeley Police Department in the last three years.

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E. There are no public parks or schools within 1,000 feet of the project site.

F. The Berkeley Police Department has indicated support for the proposed project.

IV. STANDARD CONDITIONS OF APPROVAL FOR ALL PROJECTS
The following conditions, as well as all other applicable provisions of the Zoning Ordinance, apply to this Permit:

1. C
onditions Shall be Printed on Plans
The conditions of this Permit shall be printed on the s econd sheet of each plan set submitted for a
building permit pursuant to this Use Permit, under the title ‘Use Permit Conditions’. Additional sheets may also be used if the second sheet is not of sufficient size to list all of the conditions.

The sheet(s) containing the conditions shall be of the same size as those sheets containing the construction drawings; 8-1/2” by 11” sheets are not acceptable.

2. Compliance Required (BMC Section 23.102.050)
All land uses and structures in Berkeley must comply with the Zoning Ordinance and all applicable City ordinances and regulations. Compliance with the Zoning Ordinance does not relieve an applicant from requirements to comply with other federal, state, and City regulations that also apply to the property.

3. Approval Limited to Proposed Project and Replacement of Existing Uses (BMC Sec tions

23.404.060.B.1 and 2)
A. This Permit authorizes only the proposed project described in the application. In no way does an approval authorize other uses, structures or activities not included in the project description.

B. When the City approves a new use that replaces an existing use, any prior approval of the existing use becomes null and void when permits for the new use are exercised (e.g., building permit or business license issued). To reestablish the previously existing use, an applicant must obtain all permits required by the Zoning Ordinance for the use.

4. Conformance to Approved Plans (BMC Section 23.404.060.B.4) All work performed under an approved permit shall comply with the approved plans and any conditions of approval.

5. Exercise and Expiration of Permits (BMC Section 23.404.060.C) A. A permit authorizing a land use is exercised when both a valid City business license is issued (if required) and the land use is established on the property.

B. A permit authorizing construction is exercised when both a valid City building permit (if required) is issued and construction has lawfully begun.

C. The Zoning Officer may declare a permit lapsed if it is not exercised within one year of its issuance, except if the applicant has applied for a building permit or has made a substantial good faith effort to obtain a building permit and begin construction. The Zoning Officer may declare a permit lapsed only after 14 days written notice to the applicant. A determination that a permit has lapsed may be appealed to the ZAB in accordance with Chapter 23.410 (Appeals and Certification).

D. A permit declared lapsed shall be void and of no further force and effect. To establish the use or structure authorized by the lapsed permit, an applicant must apply for and receive City approval of a new permit.

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6. Permit Remains Effective for Vacant Property (BMC Section 23.404.060.D) Once a Permit for a use is exercised and the use is established, the permit authorizing the use remains effective even if the property becomes vacant. The same use as allowed by the original permit may be re-established without obtaining a new permit, except as set forth in Standard Condition #5 above.

7. Permit Modifications (BMC Section 23.404.070)
No change in the use or structure for which this Permit is issued is permitted unless the Permit is modified by the Board. The Zoning Officer may approve changes to plans approved by the Board, consistent with the Board’s policy adopted on May 24, 1978, which reduce the size of the project.

8. Permit Revocation (BMC Section 23.404.080)
The City may revoke or modify a discretionary permit for completed projects due to: 1) violations of permit requirements; 2) Changes to the approved project; and/or 3) Vacancy for one year or more. However, no lawful residential use can lapse, regardless of the length of time of the vacancy. Proceedings to revoke or modify a permit may be initiated by the Zoning Officer, Zoning Adjustments Board (ZAB), or City Council referral.

9. Indemnification Agreement
The applicant shall hold harmless, defend, and indemnify the City of Berkeley and its officers, agents, and employees against any and all liability, damages, claims, demands, judgments or other losses (including without limitation, attorney’s fees, expert witness and consultant fees and other litigation expenses), referendum or initiative relating to, resulting from or caused by, or alleged to have resulted from, or caused by, any action or approval associated with the project.

The indemnity includes without limitation, any legal or administrative challenge, referendum or initiative filed or prosecuted to overturn, set aside, stay or otherwise rescind any or all approvals granted in connection with the Project, any environmental determination made for the project and granting any permit issued in accordance with the project. This indemnity includes, without limitation, payment of all direct and indirect costs associated with any action specified herein.

Direct and indirect costs shall include, without limitation, any attorney’s fees, expert witness and consultant fees, court costs, and other litigation fees. City shall have the right to select counsel to represent the City at Applicant’s expense in the defense of any action specified in this condition of approval. City shall take reasonable steps to promptly notify the Applicant of any claim, demand, or legal actions that may create a claim for indemnification under these conditions of approval.

V. ADDITIONAL CONDITIONS IMPOSED BY THE ZONING ADJUSTMENTS BOARD Pursuant to BMC 23 .404.050(H), the Zoning Adjustments Board attaches the following additional conditions to this Permit:

A
LCOHOLIC BEVERAGE SERVICE CONDITIONS (on-site)

10. The Food Service Establishment shall comply with all applicable regulations of the California Department of Alcoholic Beverage Control (ABC).

11. Alcoholic beverage service shall be “incidental” to the primary food service use, as defined in Zoning Ordinance 23F.04.010. An incidental use shall not exceed 25 percent of the floor area of the primary use, and if it consists of the commercial sales of a different line of products or

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services than the primary use, such incidental use may not generate gross receipts in excess of 33 percent of the gross receipts generated by the primary use.

12. Alcohol beverage service shall be only be allowed as part of a “bona fide eating place” making “actual and substantial sales of meals,” and stringently enforces this requirement as determined and required by the ABC.

13. The service of alcohol shall be limited to normal meal hours (per ABC) during the restaurant’s hours of operation. Patrons may only purchase food or finish drinks already purchased within the approved service hours. The Zoning Adjustments Board shall approve any change in the hours of restaurant operations and/or alcohol service (except decreased hours in compliance with applicable ABC regulations). Hours of operation are subject to review and amendment by the Zoning Adjustments Board as necessary to avoid detriment to the neighborhood or to achieve conformance with revised City standards or policies.

14. During operating hours, 100 percent of the service area shall be designed and used for and must possess the necessary utensils, and condiment dispensers with which to serve meals to the public.

15. The sale of alcoholic beverages for consumption off the premises is prohibited.

16. There shall be no service or consumption of alcohol on the public right-of-way, unless authorized by a Public Works sidewalk seating permit.

17. All alcoholic beverages served to patrons must be served in durable restaurant tableware (i.e. cups or glasses). No beer or wine may be distributed in its original bottle or can, or in any other potentially disposable container.

18. There shall be no bar or lounge area upon the licensed premises maintained for the sole purpose of sales, service or consumption of alcoholic beverages directly to patrons for consumption.

19. There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Neither alcohol-dispensing facilities nor sign(s) advertising alcoholic beverages shall be visible from the public right-of-way. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition.

20. A Berkeley Police Department Crime Prevention Through Environmental Design (CPTED) survey shall be completed prior to commencing alcohol service.

21. All employees selling and/or serving alcohol, or directly supervising such sales and/or service, shall complete the Licensee Education on Alcohol and Drugs (LEAD) program, or another equivalent program offered or certified by the California Department of Alco holic Beverage Control within six months of employment at the establishment. Employees who have completed the course within the last five years shall be exempt from this requirement.

22. Employees shall not serve alcohol to patrons who appear to be inebriated or otherwise unable to behave in an orderly manner upon consuming alcohol.

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23. Any operator of the licensed establishment shall not have had a prior licensed establishment that was the subject of verified complaints or violations regarding alcohol, public safety or nuisance statutes or regulations to be confirmed by the Zoning Officer prior to issuance or transfer of a business license at this location.

24. Fortified alcohol products (e.g., malt liquor), shall not be sold on the premises.

25. The applicant shall establish cash handling procedures to reduce the likelihood of robberies and theft.

26. At no time shall the operator rent the restaurant space to a third-party promoter.

27. The owner or operator of the establishment shall take reasonable measures to prevent disturbances by patrons in the immediate vicinity. Such measures shall include signs reminding patrons of nearby residences and requests not to congregate or loiter near such residences nor operate vehicles in a noisy manner on residential streets. The operator shall give surveillance to public areas near the establishment, keep such areas free of trash and litter, provide lighting, and otherwise attempt to prevent conduct that might disturb the peace and quiet of residences in the vicinity. Furthermore, the operator shall assume reasonable responsibility for ensuring that patrons do not block the entrance or interfere with pedestrian activity on the adjacent public sidewalk.

28. This Use Permit, including these and all other required conditions, shall be posted in conspicuous location, available for viewing by any interested party.

29. This permit is subject to review, imposition of additional conditions, or revocation if factual complaint is received by the Zoning Officer that the maintenance or operation of this establishment is violating any of these or other required conditions or is detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood or is detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City.

OUTDOOR DINING CONDITIONS

30. There shall be no live entertainment in the outdoor seating area.

31. There shall be a signed land lease agreement, approved by Berkeley City Council within 90 days of the issuance of this use permit, for outdoor dining to continue on the City-owned property adjacent to the restaurant. Use of the leased space shall adhere strictly to the conditions of the lease agreement and of this Use Permit.

32. Seating and tables in the outdoor dining area shall not exceed that designated on the approved plans accompanying this permit.

33. Outdoor patrons shall be in sight of, and monitored by, restaurant staff to ensure that alcohol consumption remains within the designated outdoor dining area.

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34. The applicant shall provide a means of demarcation of the leased area permitted for outdoor dining in the form of stanchions, railing, or similarly effective visual barriers. The area outside of the leased area shall be kept clear of tables, chairs, and patrons at all times.

HOURS OF OPERATION

35. Patrons shall only be permitted on the restaurant site between the hours of 7:00am to 11:00pm, Sunday through Saturday.

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Z ONING

A DJUSTMENT S
B OARD
Staff Report

1947 Center Street, Berkeley, CA 94704 Tel: 510.981.7410 TDD: 510.981.7474 Fax: 510.981.7420 E-mail: [email protected]

FOR BOARD ACTION
FEBRUARY 23, 2023

2930 College Avenue
Use Permit #ZP2022-0139 to add the service of distilled spirits under a new Type 47 ABC license, expand the existing outdoor seating area by 239 square feet on private property, and allow indoor unamplified live music at an existing full-service restaurant.

I. Background

A. Land Use Designations:
• General Plan: NC (Neighborhood Commercial)
• Zoning: C-E (Elmwood Commercial District)

B. Zoning Permits Required:
• Use Permit, pursuant to Berkeley Municipal Code (BMC) Section 23.310.0 20, to add the service of distilled spirits under a new Type 47 ABC license.

C. CEQA Recommendation: It is staff’s recommendation that the project is categorically exempt pursuant to Section 15301 of the CEQA Guidelines (“Existing Facilities”). The determination is made by the ZAB.

D. Parties Involved:
• Applicant: RM Ventures, LLC (In the Wood), 2930 College Avenue, Berkeley, CA 94705
• Property Owners: John and Molly Gordon, 2091 Rose Street, Berkeley, CA 94709

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File: G:\LANDUSE\Projects by Address\College\2930\DOCUMENT FINALS\2023-02-23_ZAB_SR_2930 College.docx Figure 1: Vicinity Map

Project
Site

North
2930

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File: G:\LANDUSE\Projects by Address\College\2930\DOCUMENT FINALS\2023-02-23_ZAB_SR_2930 College.docx Figure 2: Restaurant Floor Plan

North

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File: G:\LANDUSE\Projects by Address\College\2930\DOCUMENT FINALS\2023-02-23_ZAB_SR_2930 College.docx Figure 3: Liquor Licenses within 1,000 feet of the project site

20 Off-site beer and wine
42 On-site beer and wine
47 On-site beer, wine, and liquor

NO
RTH

Project
Site

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File: G:\LANDUSE\Projects by Address\College\2930\DOCUMENT FINALS\2023-02-23_ZAB_SR_2930 College.docx Table 1: Land Use Information
Location Existing Use Zoning
District General Plan Designation
Subject Property Restaurant C-E
Elmwood Commercial Surrounding
Properties
North Restaurant C-E
South Restaurant C-E
East Retail C-E
West Public Parking Lot C-E

Table 2: Special Characteristics
Characteristic
Applies
to
Project?
Explanation
Alcohol Yes
The site currently has approval for on-site incidental
service of beer and wine (Type 41 ABC license). The
operator has applied to add service of distilled spirits (Type 47 ABC License).

Public Convenience or
Necessity Yes
There are two other Type 47 ABC licenses within 1,000
feet. Therefore, public convenience and necessity
findings are required.

Affordable Child Care or
Housing Fee for qualifying non-
residential projects
(Per Resolutions 66,618-N.S. &
66,617-N.S.))
No

The proposed project does not include new floor area
or a new use in a space vacant for more than three
years; therefore, this mitigation fee payment does not
apply.

Creeks No
No new construction is proposed.

Green Building Score No
Historic Resources No
Liquefaction (Seismic Hazards
Mapping Act) No
Oak Trees No
Soil/Groundwater Contamination No

Table 3: Project Chronology
Date Action
October 11, 2022 Application submitted
January 13, 2023 Application deemed complete
February 9, 2023 Public hearing notices mailed
February 23, 2023 ZAB hearing

II. Project Setting

A. Neighborhood/Area Description: The project site is located on the west side of College Avenue between Ashby Avenue and Russell Street, within the Elmwood Commercial (C -E) District . The C- E District consists primarily of low -rise buildings containing various retail and dining establishments. The surrounding neighborhood consists primarily of a mix of single-family and two-family residences.

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File: G:\LANDUSE\Projects by Address\College\2930\DOCUMENT FINALS\2023-02-23_ZAB_SR_2930 College.docx B. Site Conditions: The project site is located on 4,854 square-foot parcel developed with a 4,331 square-foot single story commercial building. The building includes three individual commercial retail spaces. The existing restaurant, and proposed project, operates in a 1,522 square- foot unit. A public surface parking lot is located directly behind the commercial building.

III. Project Description

The existing restaurant, In the Wood , is currently permitted to serve beer and wine incidental to food service under a Type 41 ABC license (ZCBL2018-0047). The applicant proposes to add the service of distilled spirits under a Type 47 ABC license. The proposed project would also expand the existing outdoor seating area by 239 square feet on private property, and allow indoor un- amplified live music. The proposed hours of operation are 7 a.m. – 11 p.m., seven days a week. The proposed hours for selling alcoholic beverages are 9 a.m. – 11 p.m., seven days a week. The use of the outdoor dining area will require a land lease agreement with the City of Berkeley, which is expected to go before City Council for approval in March, 2023, and which will be a condition of this use permit.

IV. Community Discussion

A. Neighbor/Community Concerns: A pre-application poster was installed on the building by the applicant in October 2022. On February 9, 2023, public hearing notices were mailed to property owners and occupants within 300 feet of the project site, and to interested neighborhood organizations . T he City also posted notices within the neighborhood in three locations. At the time of writing this report, staff has not received any public comment regarding the project.

B. Committee Review: This project is not subject to design or landmar k review. If exterior changes and/or signage are later proposed as part of the associated tenant improvement(s), they will be evaluated by the applicable land use staff at that time.

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V. Issues and Analysis
A. Alcoholic Beverage Service: The sale and service of distilled spirits incidental to food service is allowed in the C -E District if a Use Permit is granted by the Zoning Adjustments Board (ZAB) in accordance with required findings as specified under BMC 23.310.020.

Alcoholic beverage service is also regulated by BMC 23.310.020(D) for Special Use Standards. This section requires the City to make all of the "Public Convenience or Necessity" findings if an existing establishment has an ABC license of the same type, other than beer and wine service incidental to food service, within a 1,000-foot radius of the project site. As shown in Figure 3, there are t wo other existing Type 47 ABC licenses within 1,000 feet of the project site, these licenses are held by: Donato & Co. at 2635 Ashby Avenue and King Yen Restaurant at 2995 College Avenue. Therefore, the “Public Convenience or Necessity" findings must be made.

In order to approve the Use Permit, the Board must affirm all of the " Public Convenience or Necessity" findings under BMC Section 23.310.020(D) as follows:

1) The proposed establishment will promote the City 's economic health, contribute to General Plan or area plan policies, or further the district purpose.

Staff Analysis:

The proposed addition of distilled spirits service would mean greater tax revenue for the City of Berkeley, with a greater variety of menu options to attract more people. It would also increase the economic health of the business whose cuisine offers a unique culinary opportunity to the community. The additional service would contribute to the cultural, economic, and social opportunities in the C-E District.

2) T
he economic benefits associated with the establishment could not reasonably be achieved without the proposed alcohol sales.

Staff Analysis : The addition of distilled spirits to the menu would potentially increase the economic success of the business in a way that would likely not be available with just beer and wine service. Staff notes that the increased business revenue would result in increased tax revenue for the City.

3) I
f the applicant has operated a licensed establishment that has been the subject of violations regarding alcohol in the State of California, or violations of public safety or nuisance statutes or regulations in the City of Berkeley as verified by the Police Department, the ZA
B shall determine whether such violations indicate a high likelihood of further violations and/or detrimental impacts from the proposed establishment. In making this determination, the ZAB may consider the number, frequency, and severity of prior violations, the time elapsed since the last violation, and other relevant factors.

Staff Analysis : A letter from the Berkeley Police Department, dated January 18, 2023, (Attachment 2) notes that there was an incident in 2019 where an In the Wood

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File: G:\LANDUSE\Projects by Address\College\2930\DOCUMENT FINALS\2023-02-23_ZAB_SR_2930 College.docx employee was cited for selling alcohol to a minor. However, the letter indicates that this seems to have been an isolated incident.

4) If the proposed establishment is located within 1,000 feet of any public park or Berkeley Unified School District (BUSD) school, the Board shall take into consideration the effect of the proposed establishment upon such sensitive public uses.

Staff Analysis: T
he project site is not located within 1,000 feet from a public park or school.

5) The Police Department has reported that the proposed establishment would not be expected to add to crime in the area.

Staff Analysis: Staff referred this application to the BPD for review and comment. In a letter dated January 18, 2023, the BPD stated that, "We see no reason to believe this business would increase crime or calls for service in the neighborhood, and see no reason it would have an adverse effect on the health, safety, or morals of the people in the area.”

B. C-E District Findings: To approve a Use P
ermit in the C -E District, the ZAB must
make the following permit findings in accordance with required findings BMC Section

23.204.080(E):
1) The proposed use will:
a) Encourage and maintain the present street frontage and pedestrian orientation of the district;
b) Be compatible in design and character with the commercial district and the adjacent residential neighborhoods; and
c) Be compatible with the purposes set forth in Section 23.204.080.A and the existing character of the district.
2) The proposed use will not:
a) Interfere with the continuity of retail or compatible service facilities at the ground level;
b) Interrupt a continuous wall of building facades;
c) Generate traffic and parking demand beyond the capacity of the commercial district or significantly increase impacts on adjacent residential neighborhoods;
d) Result in domination of this district by one type of use; and e) Generate objectionable odors nor excessive levels of noise.

Staff Analysis: This project will not alter the present street frontage and, therefore, is compatible with the pedestrian orientation and character of the district and neighborhood. It may result in a slight increase in customers to the restaurant, but effects on the surrounding neighborhood and businesses would be negligible.

C. General Non-D
etriment Finding: BMC Section 23.406.040(E) requires that, before the ZAB approves an application for a Use Permit, it must find that the project, under the circumstances of this particular case existing at the time at which the application

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File: G:\LANDUSE\Projects by Address\College\2930\DOCUMENT FINALS\2023-02-23_ZAB_SR_2930 College.docx is granted, would not be detrimental to the health, safety, peace, morals, comfort, and general welfare of the persons residing or working in the neighborhood of such proposed use and the project must not be detrimental or injurious to property and improvements of the adjacent properties, the surrounding area or neighborhood, or to the general welfare of the City.

Staff Analysis: The alcohol service w
ould be incidental to food service, and due to the
incidental nature of the service, as well as the size and location of the restaurant, the addition of distilled spirits would not have a detrimental impact on public health, safety, or peace. The permit is subject to the standard conditions for food and alcohol service (alcohol service will remain incidental to food service, will be limited to normal meal hours of operation, off-site sales of alcoholic beverages will be prohibited, all applicable ABC regulations will be in effect, etc.). The outdoor service area will be demarcated with a physical barrier as a condition of the use permit and in accordance with ABC rules. Restaurant operating hours will comply with those allowed in the C-E zoning district. These factors will ensure that the restaurant tenant is a good neighbor.

B. General Plan Consistency: The 2002 General Plan contains a policy applicable to
the project:

1. P olicy LU-1 Community Character : Maintain the character of Berkeley as a special, diverse, unique place to live and work.

Staff Analysis: The service and sale of distilled spirits at an existing restaurant will enhance the customer experience and help the restaurant continue to promote the character of Berkeley as a special, diverse, and unique place to live and work.

2. Policy LU- 26 Neighborhood Commercial Areas : Maintain and improve Neighborhood Commercial areas, such as Elmwood, Solano, and North Shattuck, as pedestrian- friendly, visually attractive areas and ensure that Neighborhood Commercial areas fully serve neighborhood needs.

Staff Analysis: Enhancing the variety of beverages at the existing restaurant will help to maintain and promote th e neighborhood character of the College Avenue Commercial Area and attract increased business.

VI. Recommendation

Because of the project’s consistency with the Zoning Ordinance and General Plan, and minimal impact on surrounding properties, staff recom mends that the ZAB : APPROVE Use Permit #ZP2022-01 39 pursuant to Section 23.406.040 , subject to the attached Findings and Conditions (see Attachment 1).

Attachments:

1. Findings and Conditions

2. Berkeley Police Department comment letter dated January 18, 2023

3. Notice of Public Hearing

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File: G:\LANDUSE\Projects by Address\College\2930\DOCUMENT FINALS\2023-02-23_ZAB_SR_2930 College.docx Staff Planner: Russell Roe [email protected], (510) 981-7548

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Office of the City Manager

CONSENT CALENDAR
June 27, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Liam Garland, Director, Department of Public Works Subject: SteelWave donation for pedestrian safety improvements in West Berkeley

RECOMMENDATION
Adopt a Resolution accepting $40,000 cash donation for the Addison Bike Boulevard project and Vision Zero traffic safety improvements in West Berkeley from SteelWave LLC.

FISCAL IMPACTS OF RECOMMENDATION
The $40,000 donation will be received in FY 2024 and deposited in the CIP Fund (ERMA Budget Code 501-54-622-668-0000-000-431-664110-) and will be appropriated as part of the First Amendment to the FY 2024 Annual Appropriations Ordinance for supporting implementation of the Addison Bicycle Boulevard project and Vision Zero improvements.

The donation will offset some costs of designing and installing pedestrian and bicyclist safety improvements on Addison Street in West Berkeley.

CURRENT SITUATION AND ITS EFFECTS
Berkeley needs as many resources as possible to achieve Vision Zero and to reduce Greenhouse Gas Emissions that contribute to climate change. Since committing to Vision Zero and adopting the Vision Zero Action Plan in 2019, the number of people killed and severely injured in traffic each year has remained relatively unchanged. Since adopting the Climate Action Plan in 2009, Berkeley's share of greenhouse gas emissions from transportation increased from 47-percent in 2005 to 60-percent in 2019.

In particular, the Vision Zero Action Plan identified Addison Street between Sixth Street and San Pablo Avenue as a High-Injury Street, and the City of Berkeley has made the Addison Bicycle Boulevard a Tier I priority project for implementation. Installing pedestrian and bicyclist safety improvements at the intersection of Sixth and Addison streets is anticipated to reduce collisions at this busy crossing.

SteelWave and Walton Street Capital have formed a partnership to develop theLAB Berkeley life science campus in West Berkeley. The companies are showing their commitment to West Berkeley by providing a one-time payment of $40,000 that is intended to go towards pedestrian safety improvements at Sixth and Addison streets. The

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SteelWave donation for pedestrian safety improvements in West Berkeley CONSENT CALENDAR June 27, 2023

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intersection has a well-documented history of crashes, and the community has shown its strong support for making it safer to walk, bike and otherwise cross this busy intersection.

The City’s High-Injury Streets are the streets with the most concentrated fatal and severe injury crashes in the ten-year period analyzed for the Vision Zero Action Plan. Severe crashes requiring emergency response are more than twice as common as less serious collisions in this area. This puts people who travel along Addison Street west of San Pablo Avenue at greater risk of suffering a life-altering crash.

BACKGROUND
City Council approved the Vision Zero Action Plan in March 2019. The plan’s goal is to eliminate fatal and severe traffic crashes by 2028. The plan identifies Addison Street, between San Pablo Avenue and Sixth Street, as a High-Injury Street and, thus, a priority for safety improvements. The Addison Bicycle Boulevard project, including Addison between Sixth Street and San Pablo Avenue, was identified as a Tier I priority project in the Berkeley Bicycle Plan approved by the Berkeley City Council in May 2017.

Sixth Street is a residential street, and walking and biking across it can be challenging for many people, especially parents with children, elders and those with disabilities.

In April 2023, six neighborhood organizations and 94 local residents sent a petition to the Mayor, City Council, City Manager and Public Works asking for safety improvements at Sixth and Addison streets. Local groups included the Black Pine Circle School, Berkeley Individuals Living with Disabilities (BuILD House), Franklin Brothers Market, Kids “N” Clay Pottery Studio, LifeLong Medical Care (on Addison and Sixth Street) and the Nia House Learning Center.

In 2022, City staff won a $4.8 million grant from the California Active Transportation Program (ATP) to design and implement the Addison Bicycle Boulevard and associated Vision Zero safety improvements. Several intersections along Addison Street, including Sixth Street, present unsafe conditions for people walking and biking, and the grant proposes to directly address these risks. It includes traffic circles, traffic diverters, rapid rectangular flashing beacons, refuge medians and other safety countermeasures along Addison Street west of San Pablo Avenue, ranging in cost from $30,000 to $200,000.

These measures will address the persistent history of collisions and ensure equity in traffic calming infrastructure.

Addison Street serves as a parallel route to University Avenue, a heavily trafficked major thoroughfare. Between 2010 and 2021, collisions on Addison Street accounted for 2.2% of all bicycle collisions and 2% of all pedestrian collisions in the city. During this same time period, there were almost twice as many bicycle and pedestrian collisions on University Avenue (87) as on Addison Street, including two fatalities. Creating a Bicycle Boulevard and other Vision Zero safety improvements will address Addison Street’s collision history and create a safe, low-stress alternative route for people to reach neighborhood destinations.

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SteelWave donation for pedestrian safety improvements in West Berkeley CONSENT CALENDAR June 27, 2023

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ENVIRONMENTAL SUSTAINABILITY
Improving safety along Addison Street supports the City of Berkeley’s 2009 Climate Action Plan goal that by 2050 “[p]ublic transit, walking, cycling, and other sustainable mobility modes are the primary means of transportation for Berkeley residents and visitors.” The City’s 2022 Climate Action Plan Report stated that Berkeley’s transportation-related greenhouse gas emissions have not changed since 2000 and that Berkeley's share of greenhouse gas emissions from transportation increased from 47- percent in 2005 to 60-percent in 2019. Projects like this, that make streets more inviting for people to walk and bike, make the largest difference in reversing the current trend and reducing Berkeley’s transportation-related Greenhouse Gas Emissions.

People who travel on foot, wheelchair, bicycle and under their own power produce zero greenhouse gases. Implementing the Addison Bicycle Boulevard and other Vision Zero improvements in West Berkeley is expected to increase walking and biking. This is consistent with the 2009 Berkeley Climate Action Plan Policy that calls for expanding and improving Berkeley’s bicycle and pedestrian infrastructure. The 2009 Berkeley Climate Action Plan sets targets of reducing transportation emissions 33% below year 2000 levels by 2020, and 80% below year 2000 levels by 2050. The Plan further states that transportation modes such as walking, bicycling and public transit must become the primary means of fulfilling the City’s mobility needs in order to meet these targets.

RATIONALE FOR RECOMMENDATION
This donation from SteelWave LLC will allow the City to design and implement critical traffic safety improvements at Sixth and Addison streets in support of Berkeley’s Bicycle Plan and Vision Zero Action Plan. The funding will help offset costs of the Addison Bicycle Boulevard Project. This donation is being accepted per City of Berkeley Administrative Regulation 3.19.

ALTERNATIVE ACTIONS CONSIDERED
Council can opt to refuse accepting this donation, however this would not be consistent with the City’s Strategic Plan, its Climate Action Plan, Bicycle Plan and the Vision Zero Action Plan’s goal to eliminate traffic deaths and severe injuries by 2028.

CONTACT PERSON
Liam Garland, Director, Department of Public Works (510) 981- 6303 Attachment:

1. Resolution

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

STEELWAVE DONATIONS FOR THE BERKELEY VISION ZERO PROGRAM WHEREAS, The City of Berkeley adopted its Vision Zero Action Plan in March 2019 and set a goal of eliminating fatal and severe traffic crashes by 2028; and WHEREAS, the annual number of traffic fatalities and severe traffic injuries has remained relatively unchanged since; and
WHEREAS, SteelWave LLC is developing theLAB Berkeley life sciences center at 2222 Fifth Street, which will increase visitors, commerce, traffic and risk of collisions on surrounding streets; and
WHEREAS, Addison Street between San Pablo Avenue and Sixth Street is identified as a High-Injury Street in Berkeley’s Vision Zero Action Plan; and WHEREAS, community members, neighborhood businesses and local leaders support improving safety for people walking and biking across the intersection of Sixth and Addison streets; and
WHEREAS, at the June 23, 2022 Zoning Adjustment Board meeting, SteelWave LLC agreed to donate $40,000 to the City of Berkeley for traffic safety improvements in West Berkeley; and
WHEREAS, the donation will be deposited into the CIP Fund (ERMA Budget Code 501- 54-622-668-0000-000-431-664110-) and will be appropriated as part of the First Amendment to the FY 2024 Annual Appropriations Ordinance.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that a donation of $40,000 to the Addison Bike Boulevard project from SteelWave LLC is accepted to support pedestrian and bicycle safety improvements in West Berkeley.

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Office of the City Manager

CONSENT CALENDAR
June 27, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Liam Garland, Director, Public Works
Subject: goBerkeley SmartSpace Pilot Program Evaluation & Next Steps

RECOMMENDATION

1. Adopt a Resolution directing staff to maintain SmartSpace visitor paid parking in the Southside and employee parking permits in the Elmwood; and

2. Adopt a Resolution updating existing schedule of parking violations and fines to include parking violations and late payment penalties related to pay-by-plate pay stations in the SmartSpace area and enforcing transit-only lanes, and rescinding Resolution 68,902-N.S.

3. Direct staff to incorporate into existing Residential Preferential Parking (RPP) referral(s) an assessment of the use of visitor paid parking and/or employee parking permits in other RPP areas.1

SUMMARY
The recommended actions follow the conclusion of the goBerkeley SmartSpace pilot program, which studied how to reduce the “two-hour shuffle” in residential areas adjacent to the Elmwood and Southside/Telegraph commercial districts.2 The two-hour shuffle occurs when those without permits re-park their vehicles every two hours to avoid citation for exceeding posted residential time limits. Following Council approval on June 28, 2022, the City implemented employee parking permits in the Elmwood and visitor paid parking in a part of RPP Area I in the Southside. The strategies reduced the number of shuffling vehicles by approximately one-half in the Elmwood and one-third in the Southside, with CO2 reductions of approximately one-third in both areas. Based on these findings and public outreach, staff recommend the following:
 Elmwood: Keep employee parking passes.
 Southside: Maintain visitor paid parking.
 Assess expanding visitor paid parking and/or employee passes in other locations as part of an existing RPP related referral(s), and work with business districts to facilitate employer transit pass programs as staff capacity allows.

FISCAL IMPACTS OF RECOMMENDATION
1 “Residential Preferential Parking (RPP) Program Expansion/Reform (PRJ0016358) and for West Berkeley Neighborhoods Within Two Blocks of Commercial Corridors (DMND0004053) 2 Berkeley City Council Resolution No. 67,382-N.S. https://bit.ly/3MfXO3q

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The SmartSpace pilot program is funded by a $950,000 Congestion Management and Air Quality (CMAQ) grant from the Federal Highway Administration (FHWA) via the Metropolitan Transportation Commission (MTC). The City is reimbursed for 80% of all eligible non-infrastructure pilot program expenses, with 20% supplemented by local match funding.

Elmwood employee parking permits generated approximately $5,500. Southside visitor paid parking generated approximately $80,400 between November 2022 and April 2023. If Council approves the recommendation to maintain visitor paid parking, staff will continue to adjust rates periodically to increase availability. Because parking rate changes are responding to future parking occupancy, revenues are difficult to forecast but expected to cover incremental costs of the parking program.

CURRENT SITUATION AND ITS EFFECTS
On June 28, 2022, Council approved a package of parking management strategies for the SmartSpace pilot. After making a few adjustments in fall and winter 2022, staff implemented the following:
 Elmwood: Sell up to 120 new parking permits for local employees in adjacent RPP areas.
 Southside: Implement paid parking for visitors in a part of RPP Area I.  Both pilot areas: Facilitate a transit pass program for employees of local businesses.

Implementation
Elmwood Employee Parking Permits
Staff refined the pilot employee permit program after further analysis and discussion with the Elmwood Merchants Association. To reduce potential impacts on residents and visitors, permits would be assigned to specific blocks, like Merchant Permits. In turn, the maximum number of permits was reduced from 220 to 120. Staff developed an allocation process modeled after the Neighborhood Serving Community Facility program, limiting the total number of permits to no more than 60% of full-time equivalent staff.3 Merchants also had to fulfill Commute Benefit requirements to purchase permits.4 As of May 2023, 51 transferable dashboard permits for specific blocks in RPP Areas A, B, D, or L were purchased by a total of 15 businesses. Permits were valid from January 1 to July 31, 2023 and cost $108 each, prorated for seven months from the $185 Merchant Permit annual fee.

Southside Visitor Paid Parking
3 Berkeley Municipal Code, Section 14.72.105 Neighborhood-Serving Community Facility Permits, https://berkeley.municipal.codes/BMC/14.72.105
4 Berkeley Municipal Code, Chapter 9.88 Commuter Benefit Program, https://berkeley.municipal.codes/BMC/9.88

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The Southside visitor paid parking pilot program launched on October 17, 2022.

Staff collected data in February 2023 to determine whether the new visitor pricing had improved parking availability. At the 3pm weekday peak hour, nearly all block faces were still above the optimum 65-85% occupancy rate (1-2 open spaces).5 In accordance with goBerkeley Program guidelines, prices were raised to $2.50/hour on Monday, March 6, 2023 to improve availability.

AC Transit EasyPass Programs
The AC Transit EasyPass Program allows businesses to offer discounted transit passes as a benefit of employment, whether or not an employee uses transit.6 In fall 2022, staff worked with AC Transit and Elmwood merchants to set up an EasyPass Program.

Ultimately, not enough Elmwood merchants were interested and a program was not established. A similar effort with the Telegraph Business Improvement District was postponed in early 2023 due to staff capacity shortages.

Evaluation & Key Findings
The City collected data before and after the pilot launched to test whether the strategies achieved project goals. Some key findings follow below. For more detail, refer to Attachment 4.

Goal: Reduce occurrences of, and greenhouse gas emissions from, the “two- hour shuffle”
 The number of vehicles observed doing the “two-hour shuffle” dropped by nearly one-half (from 61 to 33) in the Elmwood and by one-third (from 43 to 29) in the Southside on an average weekday. These reductions may in part reflect employees who were assigned parking permits in the Elmwood, and/or regular visitors to the Southside paying to park for up to eight hours in the pilot zone.  CO2 emissions from shuffling dropped by approximately one-third in each area.

Goal: Increase parking availability in residential areas  Parking remained consistently full in the Southside pilot area, even after prices went into effect. Excluding permit holders, the number of block faces at the target 5 A block face is defined as one side of one street, e.g., the north side of Center Street between MLK Jr.

Way and Milvia Street.
6 AC Transit EasyPass Program, https://www.actransit.org/easypass

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goBerkeley occupancy rate of 65-85% hovered between zero and one, with most blocks exceeding the target rate. Further price adjustments may be needed to achieve optimum occupancy in this area.
 Parking availability in the Southside “spillover” areas—i.e., streets with unpaid RPP two-hour limits within one block of the paid parking pilot—did not consistently change. In fact, slightly more block faces had better parking availability than worse after the paid parking pilot was implemented.  Parking availability increased in the Elmwood pilot area between 2021 and 2023 at the weekday peak hour, though it is not clear to what extent the new parking permits may have played a role.

Public Feedback & Recommended Next Steps
Staff presented initial findings and a menu of potential next steps at a hybrid in-person and online public meeting on May 2, 2023. While the meeting was sparsely attended, it included residents and at least one merchant from each pilot area. A Zoom poll was used to gauge support for proposed next steps, but in-person participation was difficult to incorporate into the final tallies. Overall, most participants supported keeping both pilot treatments in place at a minimum, with some also supporting exploring expansion.

Elmwood residents in particular advocated for keeping the employee parking permits as a quality of life improvement for service workers doing the two-hour shuffle outside their homes during the day. Still, a few meeting participants remained skeptical of the changes and advocated for reverting to pre-pilot conditions.

At the April 21, 2023 Elmwood Business Association meeting, feedback from merchants was positive, with attendees sharing that the employee permits were “wildly popular and effective,” and an “enormous improvement [for Elmwood] small businesses.” Below are next steps for each pilot area, with recommendations based on the evaluation and public feedback indicated with an asterisk (*):

Elmwood Southside
Citywide
(per staff capacity,
analysis, and public outreach)
* Keep
employee
parking permits.

Phase out
employee
parking permits.
* Keep visitor paid parking in
place, and make periodic price
adjustments for availability.

Remove visitor paid parking
and revert to unpaid two-hour
limit.
* Explore expanding RPP visitor
paid parking and/or employee
passes to other locations
* Work with business districts to
introduce employer transit pass
programs.

The recommendations to Council reflect these findings:

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goBerkeley SmartSpace Pilot Program Evaluation & Next Steps CONSENT CALENDAR June 27, 2023

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 Resolution - SmartSpace Findings & Recommendations: Directs staff to maintain employee parking permits in the Elmwood and visitor paid parking in the Southside area.
 Resolution - Schedule of Parking Violations and Late Fines: Augments current violation schedule to include citations and late fines related to pay-by- plate pay stations, which are used in the Southside visitor paid parking area.7 New citation amounts are in line with existing analogous fines.  Direction to staff to incorporate into existing RPP referral(s) an assessment of the use of visitor paid parking and/or employee parking permits in other RPP areas.

BACKGROUND
Over the years, City staff have received feedback about the “two-hour shuffle” in residential areas adjacent to commercial districts. The two-hour shuffle occurs when those without permits re-park their vehicles every two hours to avoid being cited for parking longer than posted residential time limits. In 2015, the City was awarded a $950,000 grant from the Metropolitan Transportation Commission (MTC) to specifically study the two-hour shuffle. The goals of the resulting goBerkeley Residential Shared Parking Pilot (aka “goBerkeley SmartSpace”) are:
 Reduce occurrences of the “two-hour shuffle” in residential neighborhoods, alleviating inconvenience for local employees and reducing greenhouse gas emissions associated with the behavior;
 Increase parking availability on residential streets;  Increase information about and/or access to alternatives to driving; and  Improve customer service and technology related to the City’s parking program.

Public engagement began in 2019 with the launch of a project website8, public surveys, and the formation of a Community Advisory Group. Unfortunately, the project was delayed due to the coronavirus pandemic, and outreach resumed in mid-2021. Staff introduced initial concepts for visitor paid parking in both Elmwood and Southside at virtual meetings in November 2021. Residents and merchants strongly opposed the concepts, and offered suggestions for different strategies. In December 2021 staff returned with new pilot proposals derived from or modified by community input. In spring 2022 staff refined the proposals, which were prioritized by the public in April 2022 and then approved for implementation by Council on June 28, 2022.

The goBerkeley SmartSpace pilot is a Strategic Plan Priority Project, advancing our goals to:
 provide state-of-the-art, well-maintained infrastructure, amenities, and facilities. 7 Also adds a violation for parking or loading in a Transit-Only Lane, addressing an omission and supporting enforcement of the upcoming Durant Transit Lane and Southside Complete Streets projects. 8 Project website available at https://smartspace.goberkeley.info.

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 be a global leader in addressing climate change, advancing environmental justice, and protecting the environment.
 be a customer-focused organization that provides excellent, timely, easily- accessible service and information to the community.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
This pilot program tested ways to reduce greenhouse gas emissions among commuters to the Elmwood and Southside/Telegraph commercial districts, particularly those parking in nearby residential neighborhoods. Reducing greenhouse gas emissions produced by vehicular traffic is one of the City’s 2009 Climate Action Plan goals.

Staff observed that the number of vehicles doing the “two-hour shuffle” in both pilot areas dropped after the pilot was implemented. The number of shuffling vehicles on a weekday was reduced by approximately one-half in the Elmwood and one-third in the Southside area, resulting in about a one-third reduction in CO2 emissions from this behavior in each area.

RATIONALE FOR RECOMMENDATION
The SmartSpace pilot program was modified to reflect public feedback about how best to reduce the “two-hour shuffle” in residential neighborhoods. Staff analysis of “two-hour shuffle” behavior before and after the pilot implementation suggests that the strategies successfully reduced the number of shuffling vehicles and associated carbon dioxide emissions, accomplishing a primary goal of the study.

Keeping these strategies in place should maintain the reduced number of shuffling vehicles observed in the Southside and Elmwood. Moving forward, the two strategies tested under this pilot provide more tools the City could use to manage visitor parking demand in RPP areas. Future expansion of employee permits and/or visitor paid parking where feasible could further reduce excess emissions from the two-hour shuffle in support of City climate goals.

ALTERNATIVE ACTIONS CONSIDERED
Council could choose not to maintain any of the pilot elements; or maintain the program in the Elmwood but not in the Southside, or vice versa. However, removing any of the pilot elements would probably result in more shuffling behavior. Also, pending future referral prioritization, it is not known when employee permits or visitor paid parking could be expanded elsewhere in the City. While providing a benefit, issuing employee permits in the Elmwood alone disproportionately benefits these workers, while others elsewhere continue to do the “two-hour shuffle” without an existing remedy.

CONTACT PERSON
Hamid Mostowfi, Acting Transportation Manager, Public Works, 510-981-6403 Danette Perry, Parking Services Manager, Public Works, 510-981-7057 Gordon Hansen, Acting Principal Planner, Public Works, 510-981-7064

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goBerkeley SmartSpace Pilot Program Evaluation & Next Steps CONSENT CALENDAR June 27, 2023

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Attachments:
1: Resolution: goBerkeley SmartSpace Evaluation & Next Steps 2: Resolution: Schedule of Parking Violations and Late Fees 3: Summary of Pilot Implementation & Key Findings

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

GOBERKELEY SMARTSPACE PILOT PROGRAM FINDINGS AND NEXT STEPS WHEREAS, the Council of the City of Berkeley accepted a $950,000 Congestion Mitigation and Air Quality Improvement (CMAQ) grant from the Federal Highway Administration (FHWA) under the Metropolitan Transportation Commission’s (MTC) Climate Initiatives Program for the goBerkeley Residential Shared Parking Pilot (aka goBerkeley SmartSpace) via Resolution No. 67,382–N.S.; and WHEREAS, the goBerkeley SmartSpace pilot program studied ways to reduce the inconvenience and greenhouse gas emissions associated with the “two-hour shuffle,” among other goals, in Residential Preferential Parking (RPP) areas adjacent to the Elmwood and Southside/Telegraph commercial districts; and WHEREAS, Council adopted staff recommendations to implement new parking permits for Elmwood employees, implement visitor paid parking in parts of RPP Area I in the Southside, and facilitate transit pass programs for employees of local businesses via Resolution No. 70,444-N.S.; and
WHEREAS, staff launched visitor paid parking in October 2022, wherein visitors could pay to park for up to eight hours at a rate of $2.00 per hour, and where prices were increased to $2.50 per hour in March 2023 after analysis showed parking was still too full; and
WHEREAS, staff also issued approximately 50 employee parking permits to local businesses in the Elmwood in January 2023, with permits assigned for specific blocks to reduce potential resident parking impacts; and
WHEREAS, not enough Elmwood merchants were interested in setting up a transit pass program, and a similar effort in Telegraph was put on hold due to staff shortages; and WHEREAS, staff found that the number of vehicles doing the “two-hour shuffle” on a weekday fell by nearly half in the Elmwood and nearly one-third in the Southside, with associated CO2 emissions decreasing by approximately one-third in each area, achieving the primary goal of the project.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that in light of these findings the City Manager is authorized to maintain RPP visitor paid parking in the Southside and employee parking permits in the Elmwood.

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

ESTABLISHING A NEW SCHEDULE OF PARKING VIOLATIONS AND FINES FOR PARKING VIOLATIONS AND LATE PAYMENT PENALTIES; AND RESCINDING RESOLUTION NO. 68,902-N.S.

WHEREAS, the State of California Vehicle Code Section 40203.5 states “the schedule of parking penalties for parking violations and late payment penalties shall be established by the governing body of the jurisdiction where the notice of violation is issued;” and WHEREAS, the Council enacted Ordinance No. 7,829-N.S. on July 12, 2022 to include provisions for the operation and use of Pay-by-Plate pay stations for parking payment; WHEREAS, staff subsequently identified the need to establish specific parking violations and late payment penalties associated with use and/or misuse of Pay-by-Plate pay stations in concurrence with this Ordinance; and
WHEREAS, staff identified the need to include specific parking violations and late payment penalties for vehicles parking in transit-only lanes, to support other transportation projects in the Southside neighborhood; and WHEREAS, in June 2019, the City Council adopted Resolution No. 68,902-N.S. establishing a new schedule of fines for parking violations to enable enforcement of new “Enhanced Fine Areas” around the UC Berkeley campus on Cal football days.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that a new schedule of parking violations and late payment penalties is established, as set forth in Exhibit A, which includes fines and late penalties for violations of BMC Section 14.24.230 pertaining to parking in a transit-only lane; and BMC Sections 14.52.050 C and 14.52.060 C pertaining to payments for parking at Pay-by-Plate pay stations; and BE IT FURTHER RESOLVED that Resolution No. 68,902-N.S. is hereby rescinded.

Exhibits
A: Schedule of Fines and Late Payment Penalties for Parking Violations B: List of New Parking Violations

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Exhibit A: Schedule of Fines and Late Payment Penalties for Parking Violations Code Section Violation Description
(For citations issued to a vehicle)
FD = Football Game Days 9 a.m. to 11 p.m.

FD fines = 50% higher on most violations &
100% higher for violations in RPP Zones A,
B, D
Fine
Amount
On Day 28
+$30
On Day 47
+$50
BMC 6.24.020 Off-St Rsrv Pkg No Permit Displayed $48 $78 $128 BMC 6.24.020 FD Off-St Rsrv Pkg No Permit Displayed
BMC 6.24.020 Non-Electric Vehicle Parked in Electric
Vehicle Space
$35 $65 $115
BMC 6.24.060 Electric Vehicle Exceeding EV Parking
Space Time Limit
$30 $60 $110
BMC 6.24.020 Electric Vehicle Not Actively Charging in
EV Parking Space
$35 $65 $115
BMC 6.24.093 P&D Dispensing Mach Tkt Not
Displayed
$43 $73 $123
BMC 6.24.093 FD P&D Dispensing Mach Tkt Not
Displayed
$65 $95 $145
BMC 6.24.096 Improper Display of P&D Disp Mach Tkt $43 $73 $123 BMC 6.24.096 FD Improper Display of P&D Disp Mach
Tkt
$65 $95 $145
BMC 6.24.100 B P&D Station Expired Time $43 $73 $123
BMC 6.24.100 B FD P&D Station Expired Time $65 $95 $145 BMC 6.24.103 B Time Limits Enforced at Inoperable P&D
Sta
$43 $73 $123
BMC 6.24.103 B FD Time Limits Enforced at Inoperable
P&D Sta
$65 $95 $145
BMC 6.24.130 Off-St Facility: Motorcycle Zone Only $48 $78 $128 BMC 6.24.130 Off-St Facility: Pkg Outside Markings $48 $78 $128 BMC 6.24.130 FD Off-St Facility: Pkg Outside Markings $72 $102 $152 BMC 6.24.130 Off-St Facility: Disabled Zone $288 $318 $368 BMC 6.24.130 FD Off-St Facility: Disabled Zone $288 $318 $368 BMC 6.24.130 Off-St Facility: Restricted Load Zone $48 $78 $128 BMC 6.24.130 FD Off-St Facility: Restricted Load Zone $72 $102 $152 BMC 6.24.130 Off-St Facility: Unmarked Space $48 $78 $128 BMC 6.24.130 FD Off-St Facility: Unmarked Space $72 $102 $152 BMC 6.24.140 Off-St Facility: Backed-In $48 $78 $128
BMC 9.52.140 Unattended Taxi Over 5 Min $91 $121 $171
BMC 13.52.040 Unauth Pkg on Private Property $41 $71 $121 BMC 14.24.070 Unauth Vehicle on Private Prop $64 $94 $144 BMC 14.24.230 No Parking/Loading in Transit-Only Lane $263 $293 $343 BMC 14.24.230 FD No Parking/Loading in Transit-Only
Lane
$263 $293 $343
BMC 14.36.030 A No Parking on Divisnl Islands $55 $85 $135 BMC 14.36.030 A FD No Parking on Divisnl Islands $83 $113 $163 BMC 14.36.030 C No Parking Zone (Sign Posted) $64 $94 $144 BMC 14.36.030 C FD No Parking Zone (Sign Posted) $96 $126 $176 BMC 14.36.030 C No Parking Zone (Red Curb) $64 $94 $144 BMC 14.36.030 C FD No Parking Zone (Red Curb) $96 $126 $176

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Code Section Violation Description
(For citations issued to a vehicle)
FD = Football Game Days 9 a.m. to 11 p.m.

FD fines = 50% higher on most violations &
100% higher for violations in RPP Zones A,
B, D
Fine
Amount
On Day 28
+$30
On Day 47
+$50
BMC 14.36.030 D No Parking Street Sweeping (sign) $49 $79 $129 BMC 14.36.030 E No Parking on Railroad Tracks $64 $94 $144 BMC 14.36.030 F Hazard Obstructing Traffic $64 $94 $144 BMC 14.36.030 F FD Hazard Obstructing Traffic $96 $126 $176 BMC 14.36.030 G Construct: No Permit on Dashboard $64 $94 $144 BMC 14.36.030 G FD Construct: No Permit on Dashboard $96 $126 $176 BMC 14.36.050 On Street 72 or More Consec hrs $60 $90 $140 BMC 14.36.060 Repair Vehicle on Street $52 $82 $132
BMC 14.36.080 Vehicle Parked in School Zone $51 $81 $131 BMC 14.36.090 Pkg on Grade Brake/Block Wheels $55 $85 $135 BMC 14.36.110 Emerg Prkg w/o Permit (Tow CVC
22651)
$52 $82 $132
BMC 14.40.010 3 min Limit Zone Overtime $43 $73 $123
BMC 14.40.010 FD 3 min Limit Zone Overtime $65 $95 $145 BMC 14.40.010 5 min Limit Zone Overtime $43 $73 $123
BMC 14.40.010 FD 5 min Limit Zone Overtime $65 $95 $145 BMC 14.40.010 10 min Limit Zone Overtime $43 $73 $123
BMC 14.40.010 FD 10 min Limit Zone Overtime $65 $95 $145 BMC 14.40.010 12 min Limit Zone Overtime $43 $73 $123
BMC 14.40.010 15 min Limit Zone Overtime $43 $73 $123
BMC 14.40.010 24 min Limit Zone Overtime $43 $73 $123
BMC 14.40.010 FD 24 min Limit Zone Overtime $65 $95 $145 BMC 14.40.020 30 min Limit Zone Overtime $43 $73 $123
BMC 14.40.020 FD 30 min Limit Zone Overtime $65 $95 $145 BMC 14.40.030 1 hr Limit Zone Overtime $43 $73 $123
BMC 14.40.030 FD 1 hr Limit Zone Overtime $65 $95 $145
BMC 14.40.030 Faulty Meter Over 1 hr Limit $43 $73 $123 BMC 14.40.040 2 hr Limit Zone Overtime $43 $73 $123
BMC 14.40.040 FD 2 hr Limit Zone Overtime $65 $95 $145
BMC 14.40.040 Faulty Meter Over 2 hr Limit $43 $73 $123 BMC 14.40.050 A Parallel Pkg Veh Outside Markers $48 $78 $128 BMC 14.40.050 B Veh Facing Wrong Way 1-way St $48 $78 $128 BMC 14.40.050 B FD Veh Facing Wrong Way 1-way St $72 $102 $152 BMC 14.40.050 B Pkg Over 18" from Curb 1-way St $51 $81 $131 BMC 14.40.050 B FD Pkg Over 18" fr Curb 1-way St $77 $107 $157 BMC 14.40.060 A Diagonal Pkg Veh Outside Markers $51 $81 $131 BMC 14.40.060 B Diagonal Pkg FW Over 6" from Curb $51 $81 $131 BMC 14.40.070 A No Stopping 4-6pm (Tow CVC 22651) $64 $94 $144 BMC 14.40.070 A FD No Stopping 4-6pm (Tow CVC
22651)
$96 $126 $176
BMC 14.40.070 A No Stopping 7-9am (Tow CVC 22651) $64 $94 $144 BMC 14.40.070 A No Stopping 9pm-6am (Tow CVC
22651)
$64 $94 $144
BMC 14.40.070 A Posted No Stopping Tow Away $64 $94 $144

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Code Section Violation Description
(For citations issued to a vehicle)
FD = Football Game Days 9 a.m. to 11 p.m.

FD fines = 50% higher on most violations &
100% higher for violations in RPP Zones A,
B, D
Fine
Amount
On Day 28
+$30
On Day 47
+$50
BMC 14.40.090 RPP Zone No RPP Permit Displayed $49 $79 $129 BMC 14.40.090 FD RPP Zone A,B,D No Permit Dsply $98 $128 $178 BMC 14.40.090 RPP Zone K No Permit Displayed $57 $87 $137 BMC 14.40.090 RPP Zone RPP Permit Expired $49 $79 $129
BMC 14.40.090 FD RPP Zone A,B,D Permit Expired $98 $128 $178 BMC 14.40.090 RPP Zone Permit Improper Display $49 $79 $129 BMC 14.40.090 FD RPP A,B,D Permit lmprop Dsply $98 $128 $178 BMC 14.40.090 No RPP Permit Displayed in Enhanced
Fine Area (Football Game Days)
$225 $255 $305
BMC 14.40.130 Pkg/Standing in City Lots/Spaces $55 $85 $135 BMC 14.40.130 A City Lot No Permit Displayed $57 $87 $137 BMC 14.40.130 C Reserved Pkg No Permit Displayed $49 $79 $129 BMC 14.40.130 E Reserved City Hall Pkg Towable $64 $94 $144 BMC 14.40.150 A Car Parking in Motorcycle Area $51 $81 $131 BMC 14.40.150 B Motorcycle Zone Overtime $51 $81 $131
BMC 14.40.160 Dbl-Pkd Commer Vehicle Center St $60 $90 $140 BMC 14.44.020 B Commer Zone No Permit (yellow) $57 $87 $137 BMC 14.44.020 B FD Commer Zone No Permit (yellow) $86 $116 $166 BMC 14.44.020 A Commercial Zone Overtime $57 $87 $137
BMC 14.44.020 A FD Commercial Zone Overtime $86 $116 $166 BMC 14.44.030 Passenger Load Zone (white curb) $57 $87 $137 BMC 14.44.030 FD Passgr Load Zone (white curb} $86 $116 $166 BMC 14.44.040 No Stopping Bicycle Zone $55 $85 $135
BMC 14.44.040 FD No Stopping Bicycle Zone $83 $113 $163 BMC 14.44.050 Special Passenger Load Zone only $57 $87 $137 BMC 14.44.060 Parking in Coach (bus) Zone $64 $94 $144
BMC 14.44.060 FD Parking in Coach (bus} Zone $96 $126 $176 BMC 14.44.070 Unauthorized Use of Funeral Zone $51 $81 $131 BMC 14.44.080 Taxicab Parking Only $51 $81 $131
BMC 14.44.080 Unauthorized Taxicab Stand Pkg $51 $81 $131 BMC 14.46.040 B Non-Electric Vehicle Parked in EV
Space
$49 $79 $129
BMC 14.46.050 B Electric Vehicle Exceeding EV Space
Time Limit
$43 $73 $123
BMC 14.46.050 C Electric Vehicle Not Actively Charging in EV Space
$43 $73 $123
BMC 14.52.050 A Meter Street: Expired Meter $43 $73 $123 BMC 14.52.050 A FD Meter Street: Expired Meter $65 $95 $145 BMC 14.52.050 B Pay & Display Station Expired Time $43 $73 $123 BMC 14.52.050 B FD Pay & Display Sta Expired Time $65 $95 $145 BMC 14.52.050 C Pay by Plate Station Expired Time $43 $73 $123 BMC 14.52.050 C FD Pay by Plate Station Expired Time $65 $95 $145 BMC 14.52.060 A Meter St: Extending Meter Time $43 $73 $123 BMC 14.52.060 A FD Meter St: Extending Meter Time $65 $95 $145

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Code Section Violation Description
(For citations issued to a vehicle)
FD = Football Game Days 9 a.m. to 11 p.m.

FD fines = 50% higher on most violations &
100% higher for violations in RPP Zones A,
B, D
Fine
Amount
On Day 28
+$30
On Day 47
+$50
BMC 14.52.060 B Pay & Display Station Extend Time $43 $73 $123 BMC 14.52.060 B FD Pay & Display Sta Extend Time $65 $95 $145 BMC 14.52.060 C Pay by Plate Station Extend Time $43 $73 $123 BMC 14.52.060 C FD Pay by Plate Sta Extend Time $65 $95 $145 BMC 14.52.063 P&D Dispensing Mach Tkt Not
Displayed
$43 $73 $123
BMC 14.52.063 FD P&D Dispens Mach Tkt Not
Displayed
$65 $95 $145
BMC 14.52.066 Improper Display of P&D Disp Mach Tkt $43 $73 $123 BMC 14.52.066 FD Improper Display of P&D Disp Mach
Tkt
$65 $95 $145
CVC 4000 No Evidence Current Registration $50 $80 $130
CVC 4000 Expired Registration $50 $80 $130
CVC 4461 B Improper Lending of DP Placard or Plate $550 $580 $630 CVC 4461 C Improper Display of DP Placard or Plate $550 $580 $630 CVC 4461 D Improper Use of DP Placard or Plate $550 $580 $630 CVC 4463 C Use of Forged, Counterfeit, or False DP
Placard or Plate
$550 $580 $630
CVC 5200 Missing License Plates $25 $55 $105
CVC 5201 Lic Plates Improperly Positioned $25 $55 $105
CVC 5202 Hanging/Detached License Plate $25 $55 $105
CVC 5204 A Expired Tags (read back) $25 $55 $105
CVC 5204 A Missing Tags $25 $55 $105
CVC 21113 A Parking on Public Grounds $54 $84 $134
CVC 21211 B Vehicle Blocking Bicycle Lane $54 $84 $134
CVC 21718 Parking on Freeway $54 $84 $134
CVC 22500 A Parking in an Intersection $60 $90 $140
CVC 22500 A FD Parking in an Intersection $86 $116 $166 CVC 22500 B Parking in Crosswalk $60 $90 $140
CVC 22500 B FD Parking in Crosswalk $90 $120 $170
CVC 22500 C Parking in Safety Zone $60 $90 $140
CVC 22500 C FD Parking in Safety Zone $90 $120 $170
CVC 22500 D Parking within 15' of Fire Station $60 $90 $140 CVC 22500 D FD Parking within 15' of Fire Station $90 $120 $170 CVC 22500 E Parking in Driveway $60 $90 $140
CVC 22500 E FD Parking in Driveway $90 $120 $170
CVC 22500 F Parking On/Across Sidewalk $60 $90 $140
CVC 22500 F FD Parking On/Across Sidewalk $90 $120 $170 CVC 22500 G Parking Construction No Permit $60 $90 $140 CVC 22500 G FD Parking Construction No Permit $90 $120 $170 CVC 22500 H Double-Parked $60 $90 $140
CVC 22500 H FD Double-Parked $90 $120 $170
CVC 22500 I Parking/Stopping in Coach Zone $263 $293 $343 CVC 22500 I FD Parking/Stopping in Coach Zone $263 $293 $343

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Code Section Violation Description
(For citations issued to a vehicle)
FD = Football Game Days 9 a.m. to 11 p.m.

FD fines = 50% higher on most violations &
100% higher for violations in RPP Zones A,
B, D
Fine
Amount
On Day 28
+$30
On Day 47
+$50
CVC 22500 J Parking in Tunnel $54 $84 $134
CVC 22500 K Parking on Bridge $54 $84 $134
CVC 22500 L Blocking Disabled Ramp $288 $318 $368
CVC 22502 A Parking Over 18" from Curb 2-Way St $69 $99 $149 CVC 22502 A FD Parking Over 18" from Curb 2-Way
St
$104 $134 $184
CVC 22503 E Parking Over 10" from Curb 1-Way St $58 $88 $138 CVC 22507.8 A Parking in Disabled Zone $317 $347 $397
CVC 22507.8 B Obstructing Access Disabled Zone $317 $347 $397 CVC 22507.8 B FD Obstructing Access Disabled Zone $317 $347 $397 CVC 22514 a Parking within 15' of Fire Hydrant $78 $108 $158 CVC 22514 a FD Parking within 15' of Fire Hydrant $117 $147 $197 CVC 22521 Parking within 7.5' of Railroad Tracks $54 $84 $134 CVC 22522 Parking within 3' of Wheelchair Ramp $317 $347 $397 CVC 22522 FD Parking within 3' of Wheelchair
Ramp
$317 $347 $397
CVC 22523 a Abandon Vehicle on Highway $168 $198 $248
CVC 22523 b Abandon Vehicle on Pub/Prvt Prop $168 $198 $248 Note: In addition to citation placed on vehicle, “Notice of Violation” is mailed to registered owner seven (7) days after citation and indicated when the fine penalty increases will occur: On Day 28 after citation issuance, the fine increases by $30. If payment is not received within 45 days after issuance, on Day 47, the fine increases by an additional $50.

Exhibit B: New Parking Violations
Code Section Violation Description
(For citations issued to a vehicle)
FD = Football Game Days 9 a.m. to 11 p.m.

FD fines = 50% higher on most violations &
100% higher for violations in RPP Zones A,
B, D
Fine
Amount
On Day 28
+$30
On Day 47
+$50
BMC 14.24.230 No Parking/Loading in Transit-Only Lane $263 $293 $343 BMC 14.24.230 FD No Parking/Loading in Transit-Only
Lane
$263 $293 $343
BMC 14.52.050 C Pay by Plate Station Expired Time $43 $73 $123 BMC 14.52.050 C FD Pay by Plate Station Expired Time $65 $95 $145 BMC 14.52.060 C Pay by Plate Station Extend Time $43 $73 $123 BMC 14.52.060 C FD Pay by Plate Sta Extend Time $65 $95 $145

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Attachment 3
goBerkeley SmartSpace Pilot Program –
Implementation & Key Findings
On June 28, 2022, Council approved a package of parking management strategies that would be evaluated for their effectiveness in reducing the “two-hour shuffle” and associated greenhouse gas emissions under the pilot program. The two-hour shuffle occurs when those without permits re-park their vehicles every two hours to avoid being cited for parking longer than posted time limits.

Staff made a few adjustments to the strategies during the implementation phase in fall and winter 2022. These changes are summarized below:

Pilot Area June 28, 2022
Council Approval
SmartSpace Pilot
Implementation
Changes
Elmwood Sell up to 220
employee parking
permits for in adjacent
RPP Areas A, D, and L
Sell up to 120
employee parking
permits for specific
block locations in
RPP Areas A, B,
D, and L.

Permits assigned to
specific block locations
like Merchant Permits
Occupancy analysis
identified opportunity to
allocate permits in RPP
Area B
Reduction in permits
issuance maximum
from 220 to 120
Southside Implement paid
parking for visitors in
parts of RPP Area I
Encourage employee
parking in Telegraph
Channing Garage
Implement paid
parking for visitors
in parts of RPP
Area I
Limited staff capacity
prevented efforts to
encourage employee
parking in garage
Both areas Facilitate a transit pass
program for employees
of local businesses.

Coordinate with
Elmwood
merchants to
establish an AC
Transit EasyPass
program
Limited staff capacity
prevented efforts to
facilitate Telegraph
transit pass program

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Pilot Implementation
Following Council approval, staff implemented the pilot programs in phases during fall and winter 2022.

Elmwood Employee Parking Permits
Staff refined the pilot employee permit program after further analysis and discussion with the Elmwood Merchants Association. To reduce potential impacts on residents and visitors, permits would be assigned to specific blocks, like Merchant Permits. In October and November 2022 staff conducted a thorough analysis of parking occupancy and the location of Fiscal Year 2023 annual residential permits to identify where new permits could be allocated without negatively impacting resident parking expectations.

Second, the maximum number of permits was reduced from 220 to 120 given the change to assigned blocks. Staff developed an application process for employee parking permits modeled after the Neighborhood Serving Community Facility program.

Merchants applying for employee permits were assigned either the number of permits requested, or no more than 60% of their full-time equivalent staff, whichever was lower.

Merchants with 10+ employees and thereby subject to the Commute Benefit ordinance1 could only purchase permits if they demonstrated current provision of or future intent to provide employee commute benefits. Once approved, local businesses were assigned permits by proximity to their business on a first-come, first-serve basis.

In all, 51 transferable dashboard permits for specific blocks in RPP Areas A, B, D, or L were purchased by a total of 15 businesses. Permits were valid from January 1 to July 31, 2023 and cost $108 each, prorated for seven months from the $185 Merchant Permit annual fee.

Southside Visitor Paid Parking
The Southside visitor paid parking pilot program launched on October 17, 2022.

Payment was accepted via new license plate entry pay stations and ParkMobile zone #19800. Prices for visitors without RPP Area I permits were initially set at $2.00 per hour, up to eight (8) hours, from Monday to Friday, 8 a.m. to 7 p.m. All other parking restrictions, including street sweeping and football game day restrictions, are still applicable.

In advance of the changes, staff posted flyers in the area and sent letters to all adjacent addresses with information about the upcoming pay station installation and pilot program. Staff also created windshield flyers to alert parkers of the upcoming pilot.

March 2023 Price Adjustment
Staff collected data in February 2023 to determine whether the new visitor pricing had improved parking availability. Staff developed a special occupancy calculation to 1 Berkeley Municipal Code, Chapter 9.88 Commuter Benefit Program, https://berkeley.municipal.codes/BMC/9.88

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account for the presence of permitted vehicles, which are able to park without paying hourly and would skew a standard occupancy calculation.2 At the 3pm peak hour, nearly all block faces were still above the optimum 65-85% rate (1-2 open spaces).3 After posting flyers on pay stations and driver windshields, prices were raised to $2.50 per hour on Monday, March 6, 2023 in accordance with goBerkeley Program guidelines.

Subsequent analysis in April 2023 found that while parking occupancy rates remained high after this rate adjustment, the proportion of paid parking transactions for the full eight hours dropped in half.

Transit Passes & Telegraph Channing Garage Promotion
The AC Transit EasyPass Program allows businesses to offer discounted transit passes as a benefit of employment, whether or not an employee uses transit.4 In fall 2022, staff worked with AC Transit and Elmwood merchants to set up an EasyPass Program.

Ultimately, not enough Elmwood merchants were interested and a program was not established. Efforts to establish an EasyPass Program with the Telegraph Business Improvement District (and promote employee parking in the Telegraph Channing Garage) were postponed in early 2023 due to staff capacity shortages.

Evaluation & Key Findings
The City collected data before and after the pilots launched to test whether the strategies achieved project goals.

Key Findings
Some key findings from the City’s data analysis evaluation follow below.

Goal: Reduce occurrences of and greenhouse gas emissions from the “two-hour shuffle”
Metric Elmwood Southside
Number of vehicles
shuffling5
61  33
-45%
43  29
-33%
Vehicle Miles
Traveled (VMT)
and Greenhouse
Gas (GHG)
emissions6

10.3  6.8 mi/day
(-3.5 mi/day)

3.4  2.2 kg CO2/day
(-1.2 kg CO2/day)
-34%

8.9  5.8 mi/day
(-3.1 mi/day)

2.9  1.9 kg CO2/day
(-1.0 kg CO2/day)
-35%
2 The equation used is: Effective Occupancy = (Total number of vehicles – permitted vehicles) / (Total number of legal spaces – permitted vehicles).
3 A block face is defined as one side of one street, e.g., the north side of Center Street between MLK Jr.

Way and Milvia Street.
4 AC Transit EasyPass Program,
https://www.actransit.org/easypass
5 Count of non-permitted vehicles observed in two or more locations in Elmwood study area on Tue 9/20/22 and Thu 3/16/23 and in Southside on Wed 10/12/22 and Wed 2/8/23. 6 “Shuffling” VMT derived from measuring minimum legal driving distance between consecutive locations.

GHG emissions factors from Calif. Air Resources Board EMFAC2021 model.

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 The number of vehicles observed doing the “two-hour shuffle” dropped by nearly one-half (from 61 to 33) in the Elmwood and by one-third (from 43 to 29) in the Southside on an average weekday. These reductions may in part reflect employees who were assigned parking permits in the Elmwood, and/or regular visitors to the Southside paying to park for up to eight hours in the pilot zone.  CO2 emissions from shuffling dropped by approximately one-third in each area.

Assuming most shufflers in the Elmwood were local employees and in the Southside were visitors to UC Berkeley, the estimated annual CO2 reduction from fewer observed shuffling vehicles is -286 kg in the Elmwood and -153 kg in the Southside.7
Goal: Increase parking availability in residential areas Metric Elmwood Southside
Block faces with
optimum 65-85%
occupancy (1-2
open spaces)
at peak hour8
27% (2021)
38% (2023)
0 (Oct ’22)
1 (Feb ’23)
0 (Apr ’23)
How often parking
search does NOT
require circling for a
space9
No circling (2021)
No circling (2023)
80% of runs (2021)
88% of runs (2023)
Parking availability
on unpaid RPP
streets within one
block of paid pilot
(“spillover” area)10
N/A
Slightly more block faces
decreased in occupancy than
increased between Oct 2022 and
Feb 2023
 Parking remained consistently full in the Southside pilot area, even after prices went into effect. Excluding permit holders, the number of block faces at the target goBerkeley occupancy rate of 65-85% hovered between zero and one, with most 7 The pilot led to a measurable reduction in shuffling-related CO2 emissions on an average weekday of between -1.0 and -1.2 kg CO2/day from 14 and 28 vehicles in the Southside and Elmwood study areas, respectively. For context, the daily per capita emissions from surface transportation in Alameda County is

8.9 kg CO2 (per MTC, Vital Signs database https://vitalsigns.mtc.ca.gov. Assuming that most shufflers in the Elmwood are local employees working five days a week, and most of those observed in the Southside are students or visitors to UC Berkeley during the fall and spring semesters, the annual GHG reduction in each area is -286 kg and -153 kg, respectively.
8 Elmwood parking occupancy measures all vehicles throughout pilot area. Southside shows “effective occupancy” in paid parking blocks, i.e., excluding vehicles with annual permits. The equation used is:

Effective Occupancy = (Total number of vehicles – permitted vehicles) / (Total number of legal spaces – permitted vehicles).
9 “Parking search time” survey included drivers running two predetermined routes per pilot area to simulate the experience of trying to find a parking space. Southside route included new paid blocks. 10 Comparing total parking occupancy from Weds 10/12/23 (before) and Weds 2/8/23 (after).

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blocks exceeding the target rate. Further price adjustments may be needed to achieve optimum occupancy in this area.
 Parking availability increased in the Elmwood pilot area between 2021 and 2023 at the weekday peak hour, though it is not clear to what extent the new parking permits may have played a role.
 Staff also modeled the behavior of a visitor searching for parking in each pilot area via the “Parking Search Time” survey. Surveyors followed two established routes in each pilot area, noting how many times they had to circle for a space. In the Elmwood, no circling was required on either route before and after the pilot.

On the Southside route in the paid parking area, the need to circle for a space decreased between 2021 and 2023.
 Total parking occupancy in the Southside “spillover” areas—i.e., streets with unpaid RPP two-hour limits within one block of the paid parking pilot—varied depending on the block and time period after the pilot was implemented.

Generally, occupancy fell on slightly more blocks than it increased between October 2022 and February 2023.

Two-hour shuffle analysis methodology
 Parking Enforcement Officer (PEO) runs a specified route using license plate readers (LPRs), four (4) times per day, before and after pilot strategies were implemented
 LPR vendor exports metadata (i.e., license plate numbers, GPS coordinates of plate read, nearest address, which camera captured the information, date/time of plate read) from data collection runs, which are compared with list of Fiscal Year (FY) 2023 annual parking permits – license plate based as well  Staff review filtered list of presumed visitors to identify which unique plates were observed at multiple locations within four (4) hours within each study area, assumed to be vehicles shuffling for parking
 These “shuffles” were mapped in GIS and quality checked to identify likeliest candidates, accounting for GPS accuracy of LPR units (12-30 feet), whether vehicles were observed in a legal parking space, etc.
 Staff measured the shortest legal driving distance between each set of points to calculate vehicle miles traveled (VMT)
 Staff multiplied total VMT by California Air Resources Board (CARB)’s Emissions Factor (EMFAC) model output for Light Duty Autos going 25 mph:
o Alameda County specific data, accounts for multiple vehicle model years and proportion of electric vehicles
o GHG emissions factor: 326.3 g CO2 / mile

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Study Areas
Data were collected in discrete study areas, within 2-3 blocks of the Elmwood commercial district and within one block of the new visitor paid parking in the Southside, each area approximately 0.12-0.13 square miles in size. See below:

Study area
Visitor paid parking pilot zone
(Southside)
Parker St
Bowditch St Warring St
Bancroft Way
Regent St
Stuart St
Piedmont
Ave
Woolsey St

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Parking Search Time Survey Route Map
Southside Pilot Area
Elmwood Pilot Area
Telegraph Ave
Ashby Ave
College Ave

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Office of the City Manager

CONSENT CALENDAR
June 27, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Liam Garland, Director, Department of Public Works Subject: Approving Proposed Projects Anticipated to be paid for by the State’s Road Maintenance and Rehabilitation Account Funds for FY 2023-24

RECOMMENDATION
Adopt a Resolution approving a proposed list of projects that will utilize funding from the State of California’s Road Maintenance and Rehabilitation Account, and authorize the City Manager to submit the proposed list to the California Transportation Commission.

FISCAL IMPACTS OF RECOMMENDATION
Based on information provided by CaliforniaCityFinance.com and the League of California Cities, the City of Berkeley can expect to collect an estimated $3,135,540 in Road Maintenance and Rehabilitation Account (RMRA) allocated funding in Fiscal Year (FY) 2024. No budgetary action is required at this time. RMRA appropriations will be addressed with the adoption of the FY 2024 Budget.

CURRENT SITUATION AND ITS EFFECTS
California Senate Bill 1 (SB1), signed into law on April 28, 2017, increased certain vehicle fuel and registration taxes and fees, and with those funds has created an RMRA, a portion of which will be distributed to jurisdictions. The California Transportation Commission (CTC) requires jurisdictions to submit documentation annually that RMRA funds were specifically adopted for allowed local streets and roads purposes. In order to receive this funding, the City must annually submit to the State a list of projects anticipated to be completed. For FY 2024, the CTC requires the submission of a list of projects proposed to be funded with RMRA during FY 2024 by July 1 2023. The adoption of the attached resolution by Council is a CTC requirement for RMRA funding; however, the provided project list is a plan and RMRA allows for the funding of projects not included in this list as long as they meet RMRA’s requirements.

BACKGROUND
On April 28, 2017, the Governor signed Road Repair and Accountability Act (SB1) to address basic road maintenance, rehabilitation, and critical safety needs on both the state highway and local streets and road system. SB1 provides for the deposit of various funds for the program in the RMRA, which SB1 created in the State Transportation Fund, including the following:

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Approving Proposed Projects Anticipated to be Paid for by the State’s CONSENT CALENDAR Road Maintenance and Rehabilitation Account Funds for FY 2023-24 June 27, 2023  Revenues attributable to a $0.12 per gallon increase in the motor vehicle fuel (gasoline) tax imposed by the bill with an inflation adjustment;  50% of a $0.20 per gallon increase in the diesel excise tax, with an inflation adjustment;
 A portion of a new transportation improvement fee imposed under the Vehicle License Fee Law with a varying fee between $25 and $175 based on vehicle value and with an inflation adjustment; and
 A new $100 annual vehicle registration fee applicable only to zero-emission vehicles model year 2020 and later, with an inflation adjustment.

The fuel excise tax increases took effect on November 1, 2017, the transportation improvement fee took effect on January 1, 2018, and the zero-emission vehicle registration fee takes effect on July 1, 2020.

Similar to the Highway Users Tax Account (HUTA), the Road Maintenance and Rehabilitation Account (RMRA) is continuously appropriated, and apportioned on a monthly basis. There is not a set monthly amount as it is use-based. The first apportionments to the City of Berkeley were received in February 2018.

According to the applicable California Streets and Highways Code, eligible projects “shall be prioritized for expenditure on basic road maintenance and road rehabilitation projects, and on critical safety projects”1. There is no use-it-or-lose-it requirement in SB1, so multi-year projects are eligible. Eligible projects include, but are not limited to:
 Road maintenance and rehabilitation
 Safety projects
 Railroad grade separations
 Complete streets components, including active transportation, bike/pedestrian, transit facilities, and stormwater capture projects, in conjunction with an allowable project
 Traffic control devices
 Match for state/federal funds for eligible projects
SB1 requires cities and counties to provide basic project reporting to the CTC annually for projects to be funded through the RMRA. On August 16, 2017, the CTC adopted annual reporting guidelines for this funding. The guidelines require jurisdictions to submit documentation annually to show that RMRA funds were specifically adopted for allowed local streets and roads purposes, and also requires the submission of a list of projects proposed to be funded with RMRA during the fiscal year. The legislation also requires an annual expenditure report on work completed during the previous fiscal year to be submitted no later than October 31st.
1 Streets and Highways Code – SHC Division 3. Apportionment And Expenditure Of Highway Funds Chapter 2. Road Maintenance And Rehabilitation Program Section 2030(A)

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Approving Proposed Projects Anticipated to be Paid for by the State’s CONSENT CALENDAR Road Maintenance and Rehabilitation Account Funds for FY 2023-24 June 27, 2023 Complete streets improvements such as bike lanes, curb ramps, and pedestrian crossing improvements are allowable uses of RMRA funds. In addition to the previously designated projects listed in last year’s Resolution No. 70,384–N.S., which will have RMRA expenditures taking place in FY 2024, staff has selected the FY 2024 Street Rehabilitation projects for use of RMRA. The projects are summarized in the following paragraph, and the complete list is provided in the Resolution (Attachment 1).

Pavement maintenance or rehabilitation as part of the FY 2024 Street Rehabilitation Project (PWENST2401). Selected segments include Derby Street from Sacramento Street to Martin Luther King Jr. Way (overlay; 10-year useful life), Derby Street from Milvia Street to Telegraph Avenue (overlay; 10-year useful life), Grizzly Peak Boulevard from Spruce Street to Marin Avenue (overlay; 10-year useful life), Creston Road from Grizzly Peak Boulevard to Sunset Lane (overlay; 10-year useful life), Bancroft Way from Piedmont Avenue to Milvia Street (reconstruct; 20-year useful life), Dana Street from Bancroft Way to Dwight Way (reconstruct; 20-year useful life), Fulton Street from Bancroft Way to Dwight Way (overlay; 10-year useful life), and Hopkins Street from San Pablo Avenue to Sutter Street (reconstruct; 20-year useful life).

Continuing projects with FY 2023 RMRA funding to be expended in FY 2024 include:

Pavement maintenance or rehabilitation as part of the FY 2023 Street Rehabilitation Project (PWENST2301). Selected segments include Channing Way from Sacramento Street to McKinley Avenue (reconstruct; 20-year useful life), Creston Road from Sunset Lane to Grizzly Peak Boulevard (overlay; 10-year useful life), Dana Street From Dwight Way to Ward Street (surface seal; 10-year useful life), Derby Street from Telegraph Avenue to College Avenue (reconstruct; 20-year useful life), Durant Avenue from Milvia Street to Fulton Street (reconstruct; 20-year useful life),Dwight Way from Piedmont Avenue to East End (reconstruct; 20-year useful life), Grizzly Peak Boulevard from Spruce Street to Marin Avenue (reconstruct; 20-year useful life), Hillegass Avenue from Dwight Way to Woolsey Street (surface seal; 10-year useful life), Latham Lane from Miller Avenue to Grizzly Peak Boulevard (overlay; 10-year useful life), McGee Avenue from Russell Street to Dwight Way (surface seal; 10-year useful life), Miller Avenue from Hilldale Avenue to Shasta Road (surface seal; 10-year useful life), Otis Street from Russell Street to Ashby Avenue (overlay; 10-year useful life), Rose Street from Sacramento Street to Martin Luther King Junior Way (reconstruct; 20-year useful life), and Woolsey Street from Hillegass Avenue to College Avenue (reconstruct; 20-year useful life).

Utilization of the RMRA funding will support the City’s Strategic Plan goal of creating a resilient, safe, connected, and prepared city and providing state-of-the-art, well maintained infrastructure, amenities, and facilities.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
RMRA funds will benefit all modes of transportation by improving road surfaces for bicyclists and transit riders as well as for auto riders, which could result in lessening greenhouse gas emissions.

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Approving Proposed Projects Anticipated to be Paid for by the State’s CONSENT CALENDAR Road Maintenance and Rehabilitation Account Funds for FY 2023-24 June 27, 2023

RATIONALE FOR RECOMMENDATION
A project list is required to be adopted by City Council in order for the City to receive RMRA disbursements from the State Controller's office. Staff proposes use of RMRA funds for maintenance or rehabilitation of local streets as part of the FY 2024 Street Rehabilitation (PWENST2401). It should be noted that the provided project list is a plan; in the end-of-year reporting on actual spending of RMRA funds, the CTC allows for the completion of projects not included in this list as long as they meet the requirements for RMRA funding.

ALTERNATIVE ACTIONS CONSIDERED
No reasonable alternative exists as the City’s pavement condition is currently in the “at risk” category as defined by the Metropolitan Transportation Commission and is in need of continued maintenance and rehabilitation.

CONTACT PERSON
Liam Garland, Director, Department of Public Works (510) 981-6303 Ronald Nevels, Interim Manager of Engineering (510) 981-6439 Attachment:
1: Resolution

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

RESOLUTION APPROVING PROPOSED PROJECTS ANTICIPATED TO BE PAID FOR BY THE STATE’S ROAD AND MAINTENANCE AND REHABILITATION ACCOUNT (RMRA) FUNDS FOR THE CITY OF BERKELEY FISCAL YEAR 2023-24 WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must approve by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City, will receive an estimated $3,135,540 in RMRA funding in Fiscal Year 2023-24 from SB 1; and
WHEREAS, this is the seventh year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City has undergone a public process to ensure public input into our community’s street priorities and the project list; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and WHEREAS, the funding from SB 1 will be used by the City for basic street maintenance and rehabilitation, critical safety projects on local roadways, and pedestrian safety and transportation projects throughout the City this year and for similar projects into the future; and
WHEREAS, the 2020 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in the low end of the fair condition category,

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and this revenue will help us increase the overall quality of our road system, and improve their bicycle and pedestrian mobility and safety; and

WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide; and
WHEREAS, the following list of proposed projects is anticipated to be funded in-part or solely with Fiscal Year 2023-24 Road Maintenance and Rehabilitation Account revenues:

FY 24 Street Rehabilitation
 Segment 1, Derby Street from Sacramento Street to Martin Luther King Jr. Way (0.48 miles)– overlay the street pavement. The work will provide a ten-year useful life. Construction is to start in July 2023 and will be completed by December 2023.  Segment 2, Derby Street from Milvia Street to Telegraph Avenue (0.56 miles) – overlay the street pavement. The work will provide a ten-year useful life.

Construction is to start in July 2023 and will be completed by December 2023.  Segment 3, Grizzly Peak Boulevard from Spruce Street to Marin Avenue (0.67 miles) – overlay the street pavement. The work will provide a ten-year useful life.

Construction is to start in June 2024 and will be completed by December 2024.  Segment 4, Creston Road from Grizzly Peak Boulevard to Sunset Lane (0.36 miles) – overlay the street pavement. The work will provide a ten-year useful life.

Construction is to start in June 2024 and will be completed by December 2024.  Segment 5, Bancroft Way from Piedmont Avenue to Milvia Street (0.61 miles) - reconstruct the street pavement. The work will provide a twenty-year useful life.

Construction is to start in August 2024 and will be completed by December 2025.  Segment 6, Dana Street from Bancroft Way to Dwight Way (0.25 miles) – reconstruct the street pavement. The work will provide a twenty-year useful life.

Construction is to start in August 2024 and will be completed by December 2025.  Segment 7, Fulton Street from Bancroft Way to Dwight Way (0.25 miles) – overlay the street pavement. The work will provide a ten-year useful life. Construction is to start in August 2024 and will be completed by December 2025.  Segment 8, Hopkins Street from San Pablo Avenue to Sutter Street (1.62 miles) – reconstruct the street pavement. The work will provide a twenty-year useful life.

Construction is to start in June 2024 and will be completed by December 2024.

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The following previously proposed and approved projects may utilize FY 2023-24 Funds Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of these projects in the adopted fiscal year resolution, the City is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues:

FY 2023 Street Rehabilitation
 Segment 1, Channing Way from Sacramento Street to McKinley Avenue (0.43 miles) – reconstruct the street pavement. The work will provide a twenty-year useful life. Construction is to start in June 2023 and will be completed by December 2023.
 Segment 2, Creston Road from Sunset Lane to Grizzly Peak Boulevard (0.36 miles) - overlay the street pavement. The work will provide a ten-year useful life.

Construction is to start in June 2023 and will be completed by December 2023.  Segment 3, Dana Street from Dwight Way to Ward Street (0.31 miles) – surface seal the street pavement. The work will provide a ten-year useful life. Construction is to start in June 2023 and will be completed by December 2023.  Segment 4, Derby Street from Telegraph Avenue to College Avenue (0.31 miles) – reconstruct the street pavement. The work will provide a twenty-year useful life.

Construction is to start in June 2023 and will be completed by December 2023.  Segment 5, Durant Avenue from Milvia Street to Fulton Street (0.23 miles) – reconstruct the street pavement. The work will provide a twenty-year useful life.

Construction is to start in June 2023 and will be completed by December 2023.  Segment 6, Dwight Way from Piedmont Avenue to East End (0.26 miles) – reconstruct the street pavement. The work will provide a twenty-year useful life.

Construction is to start in June 2023 and will be completed by December 2023.  Segment 7, Grizzly Peak Boulevard from Spruce Street to Marin Avenue (0.67 miles) – reconstruct the street pavement. The work will provide a twenty-year useful life. Construction is to start in June 2023 and will be completed by December 2023.
 Segment 8, Hillegass Avenue from Dwight Way to Woolsey Street (0.77 miles) – surface seal the street pavement. The work will provide a ten-year useful life.

Construction is to start in June 2023 and will be completed by December 2023.

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 Segment 9, Latham Lane from Miller Avenue to Grizzly Peak Boulevard (0.10 miles) - overlay the street pavement. The work will provide a ten-year useful life.

Construction is to start in June 2023 and will be completed by December 2023.  Segment 10, McGee Avenue from Russell Street to Dwight (0.51 miles) – surface seal the street pavement. The work will provide a ten-year useful life. Construction is to start in June 2023 and will be completed by December 2023.  Segment 11, Miller Avenue from Hilldale Avenue to Shasta Road (0.66 miles) – surface seal the street pavement. The work will provide a ten-year useful life.

Construction is to start in June 2023 and will be completed by December 2023.  Segment 12, Otis Street from Russell Street to Ashby Avenue (0.13 miles) - overlay the street pavement. The work will provide a ten-year useful life.

Construction is to start in June 2023 and will be completed by December 2023.  Segment 13, Rose Street from Sacramento Street to Martin Luther King Junior Way (0.48 miles) – reconstruct the street pavement. The work will provide a twenty- year useful life. Construction is to start in June 2023 and will be completed by December 2023.
 Segment 14, Woolsey Street from Hillegass Avenue to College Avenue (0.11 miles) – reconstruct the street pavement. The work will provide a twenty-year useful life. Construction is to start in June 2023 and will be completed by December 2023.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to submit the list of proposed projects to the California Transportation Commission as required by Senate Bill 1, Road Repair and Accountability Act of 2017.

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Office of the City Manager

CONSENT CALENDAR
June 27, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Liam Garland, Director, Department of Public Works Subject: Extending the Community Workforce Agreement with Building & Construction Trades Council, et al., for Construction Projects Over $500,000.

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a contract amendment to the Community Workforce Agreement with the Alameda County Building & Construction Trades Council, and twenty-two labor organizations on City capital improvement projects with an estimated value in excess of $500,000 to extend the agreement through June 30, 2026.

FISCAL IMPACTS OF RECOMMENDATION
The impact of a Community Workforce Agreement (CWA) on construction costs is difficult to ascertain. While construction costs have increased in the last several years, those increases are likely attributable to the high demand for construction services, not necessarily the existing CWA.

Staff within the Employment Programs Division of the Health, Housing & Community Services Department provide administrative oversight of the CWA. Because the item proposes continuing the existing terms of the CWA, staffing levels would not need to increase to maintain oversight and administration of the program.

CURRENT SITUATION AND ITS EFFECTS
The CWA’s purpose is to support the City’s efforts to increase training and employment opportunities for Berkeley residents, including youths, for placement on covered capital improvement projects valued at $500,000 and above. The CWA provides for peaceful resolution of labor disputes and grievances without work stoppages. Construction contracts remain subject to the competitive bidding process, and to the requirement to pay prevailing wages. Further, the City retains the absolute right to select the lowest responsive and responsible bidder. This agreement shall be effective until June 30, 2026, and apply to all covered projects. Staff have been in contact with the Building and Construction Trades Council of Alameda County (Building Trades), and the Building Trades support this contract amendment.

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Contract Amendment: Community Workforce Agreement CONSENT CALENDAR June 27, 2023

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Local Jobs Creation
The CWA local workforce hiring goal is 20% of total craft hours worked, on a craft by craft basis for all covered projects. The Agreement does not require counting of workers or number of jobs created. In order to measure effectiveness of the CWA’s impact on local jobs created, however, it is important to note the actual numbers of Berkeley residents who have worked on the projects. The CWA requires all contractors subject to the program to make good faith efforts to connect with pre-apprentice training programs, obliges the Alameda County Building Trades unions to attempt to find eligible Berkeley residents to work on covered capital improvement projects, and encourages new apprenticeships in order to create pathways for career entry into the building trades.

Impact on Construction Costs
The financial impact of adopting a CWA is challenging to ascertain as it is difficult to attribute project cost impact—positive or negative—solely to the presence of a CWA.

Construction costs have been higher than anticipated, but those increases are likely attributable to the high demand for construction services, not necessarily the existing CWA.

CWA compliance to commence construction necessitates approximately 1-3 weeks of additional time to obtain CWA documentation and schedule/attend the CWA mandatory pre-job meeting with all the relevant trades representative, city staff and all contractors and subcontractors. This additional time varies depending on the discussion between the contractor and union regarding the contractor’s hiring plan.

Efforts to Improve Outcomes
In an effort to increase the number of Berkeley residents hired for construction projects, coordinating referrals with the trades and workforce development programs has been a priority. One practical aspect of this coordination is reliance on locally funded training programs for appropriate referrals. Through the community agency funding process, the City funds the construction-related Green Energy Training Services (GETS) program of Rising Sun Energy Center with CDBG funds to provide training for Berkeley residents.

This program has become a primary referral source to the trades for these projects, and was recently approved to utilize the Multi-Craft Core Curriculum (MC3), a nationally- recognized pre-apprenticeship curriculum developed by the National Building and Construction Trades Council. Completion of the 120-hour MC3 certification prepares individuals for entry into building trades apprenticeships. The CWA includes apprenticeship as a priority for Berkeley residents.

This Council action supports the City’s Strategic Plan Priorities of attracting and retaining a talented and diverse local workforce, while supporting the construction of state-of-the- art, well-maintained infrastructure, amenities, and facilities.

BACKGROUND
The CWA was originally authorized on January 18, 2011, authorizing the City Manager to execute a Community Workforce Agreement (CWA) with the Alameda County Building

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Contract Amendment: Community Workforce Agreement CONSENT CALENDAR June 27, 2023

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and Construction Trades Council, AFL-CIO and twenty-two labor organizations regarding the provision of union labor to the City’s capital improvement projects. On January 23, 2018, Council authorized the City Manager to extend the CWA until June 30, 2020. On December 15, 2020, City Council authorized the City Manager to extend the CWA until June 30, 2023.

The CWA’s purpose is to support the City’s efforts to increase employment opportunities for workers who reside in Berkeley by:

1. Increasing training and employment opportunities for the City's residents in the construction trades through apprenticeship and pre-apprentice programs,

2. Promoting efficiency of construction operations performed for and within the City of Berkeley, and

3. Providing for peaceful settlement of labor disputes and grievances without strikes or lockouts, thus promoting the public interest in assuring the timely and economical completion of the projects.

ENVIRONMENTAL SUSTAINABILITY
Supporting the hire of local area workers for construction projects may result in increased use of alternative transportation modes, and shorter distances traveled by those workers to job sites, which may in turn effect an accompanying reduction in the level of greenhouse gases generated per worker per trip. Reduction in the level of greenhouse gases is a goal of the City’s 2009 Climate Action Plan.

RATIONALE FOR RECOMMENDATION
Since its original January 2011 adoption, the City has operated under the guidelines of the CWA, which has continued to enhance local hiring efforts by ensuring local workers in the building trades are given an opportunity to work on City capital improvement projects valued at $500,000 or more. CWA guidelines also ensure City projects will not be affected by work stoppages due to labor issues. The new Agreement continues those efforts, and extends the current agreement through June 30, 2026.

ALTERNATIVE ACTIONS CONSIDERED
The CWA has been, and continues to be important to the City’s building and trades industry. No alternative actions are considered.

CONTACT PERSON
Liam Garland, Director, Department of Public Works (510) 981- 6303 Emily Rose, Coordinator, Department of Health, Housing, and Community Services, (510) 981-5427
Attachments:

1. Resolution

2. Community Workforce Agreement

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

CONTRACT AMENDMENT: COMMUNITY WORKFORCE AGREEMENT EXTENSION WITH BUILDING AND CONSTRUCTION TRADES COUNCIL ET AL. FOR CONSTRUCTION PROJECT AT OR ABOVE $500,000
WHEREAS, since its January 18, 2011 adoption, the Community Workforce Agreement (hereafter CWA) has incorporated community interests by providing Berkeley residents access to quality union jobs with better standards for pay and benefits; and WHEREAS, by Resolution No. 65,157-N.S. on January 18, 2011, Council approved the CWA for a term of three years and authorized the City Manager to execute the Agreement with the Alameda County Building and Construction Trades Council, AFL-CIO and twenty- two labor organizations regarding the provision of union labor to City construction projects in excess of $1 million dollars; and
WHEREAS, on May 15, 2012, City Council maintained the CWA’s $1 million dollar threshold for publicly-funded construction projects for an additional twelve months; and WHEREAS, on June 23, 2015, Council approved Resolution No. 67,111-N.S. reducing the threshold from $1 million to $500,000, with that threshold continuing to be based on the engineer’s estimate and authorizing the City Manager to extend the then-current CWA for three years; and
WHEREAS, on January 23, 2018, and December 15, 2020, City Council again authorized the City Manager to extend the CWA, the latter extension until June 30, 2023; and WHEREAS, the CWA will support the efforts of the City to increase employment opportunities for Berkeley residents, including youth, through apprenticeship and pre- apprenticeship programs; and
WHEREAS, the CWA helps to provide for peaceful settlement of labor disputes and grievances without strikes or lockouts, thus promoting the public interest in assuring the timely and economical completion of the projects.

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 the Building Trades Council and twenty-two labor organizations regarding the provision of labor to construction projects in Berkeley with an estimated value in excess of $500,000 for a three-year term that will expire June 30, 2026.

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City of Berkeley
Community Workforce Agreement

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CITY OF BERKELEY

COMMUNITY WORKFORCE AGREEMENT

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City of Berkeley
Community Workforce Agreement

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Table of Contents
Preamble
Purpose
Recitals
Article 1 Definitions
Article 2 Scope of Agreement
Article 3 Effect of Agreement/Subcontractors
Article4 Work Stoppages, Sympathy Strikes and Lockouts
Article5 Pre-Job Conference
Article 6 No Discrimination
Article 7 Union Security
Article 8 Referral and Local Hiring Program
Article 9 Helmets to Hardhats
Article 10 Grievance Procedure
Article 11 Joint Administrative Committee
Article 12 Grievance Arbitration Procedure
Article 13 Jurisdictional Disputes
Article 14 Apprentices
Article 15 Management Rights
Article 16 Wage/ Benefits
Article 17 Modified Master Labor Agreements
Article 18 Drug and Alcohol Testing
Article 19 Savings Clause
Article 20 Entire Agreement
Article 21 Term
Signatures
Agreement to be Bound

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City of Berkeley
Community Workforce Agreement

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COMMUNITY WORKFORCE AGREEMENT
For the
City of Berkeley
This Agreement is made and entered into this July 1st, 2020 2023 by and between the City of Berkeley (“City”) together with other contractors and/or sub- contractors, who shall become parties to this Agreement by signing the “Agreement to be Bound” (Attachment A), and the Local Unions signatory hereto and the Alameda County Building & Construction Trades Council (“Council”) and its affiliated local unions who have executed this Agreement.

PURPOSE
The purpose of this Agreement is to support the efforts of the City to increase employment opportunities for workers who reside in Berkeley, to help increase training and employment opportunities for Berkeley residents in the construction trades through apprenticeship and pre-apprentice programs as the students graduate from the City's schools, to promote efficiency of construction operations performed for and within the City of Berkeley and to provide for peaceful settlement of labor disputes and grievances without strikes or lockouts, thereby promoting the public interest in assuring the timely and economical completion of the projects.

RECITALS
WHEREAS, the successful completion of the City’s construction projects is of the utmost importance to the City of Berkeley; and
WHEREAS, the interests of the general public, the City, the Unions and Contractor(s) would be best served if the construction work proceeded in an orderly manner without disruption because of strikes, sympathy strikes, work stoppages, picketing, lockouts, slowdowns or other interferences with work; and WHEREAS, the Contractor(s) and the Unions desire to mutually establish and stabilize wages, hours and calendar conditions for the workers employed on construction work for and within the City of Berkeley by the Contractor(s), and further, to encourage close cooperation among the Contractor(s) and the Union(s) to the end that a satisfactory, continuous and harmonious relationship will exist among the parties to this Agreement; and
WHEREAS, contracts for construction work within the City of Berkeley will be awarded in accordance with the applicable provisions of the Charter of the City of Berkeley, the California State Public Contract Code and the Labor Code, including but not limited to requiring competitive bidding and prevailing wages; and WHEREAS, the City of Berkeley has the absolute right to select the lowest responsive and responsible bidder for the award of the construction contracts on the Projects; and

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WHEREAS, the parties signatory to this Agreement pledge their full good faith and trust to work towards a mutually satisfactory completion of the Projects;

NOW, THEREFORE, IT IS AGREED BETWEEN AND AMONG THE
PARTIES HERETO, AS FOLLOWS:

ARTICLE 1

DEFINITIONS

1.1“Agreement” means this Community Workforce Agreement.

1.2 "Berkeley Resident" means any individual who is a current resident of Berkeley can certify through a utility bill, or other similar means acceptable to the parties to this Agreement, that the individual resides within the boundaries of the Berkeley City Limits.

1.4 “City” means the City of Berkeley.

1.5 “Completion” means that point at which the City accepts a project at issue by filing a Notice of Completion, or as otherwise provided by applicable state law. “Punch list” items and any other work within the scope of this Agreement not completed prior to commencement of revenue service shall nonetheless be included within the scope of this Agreement. It is understood by the parties that portions of the Projects may be completed in phases and Completion of any such phase may occur prior to Completion of the Projects.

1.6 “Contractor(s)” and/or “Subcontractor(s)” means any individual, firm, partnership or corporation, or combination thereof, including joint ventures, which is an independent business enterprise and has entered into a contract with the City or any of its contractors or subcontractors of any tier, with respect to the construction work necessary for any part of the Projects. This shall include subcontractors not required to be listed in the bid documents. As applicable depending on its context, “Contractor” shall refer to Contractor or Contractor and Subcontractor.

1.7 “Construction Contract(s)” means all of the contract(s) for construction of any of the Projects.

1.8 “Council” means the Alameda County Building and Construction Trades Council, AFL-CIO.

1.9 "New Apprentice” is a Berkeley Resident who is enrolled in a State of California approved apprenticeship program that is a joint labor management apprentice program for no more than twenty-four months

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1.11 “Projects” mean any construction project of the City whose value as estimated by the City meets or exceeds $500,000 (Five hundred thousand) dollars.

1.12 “Union” or “Unions” means the Council and any other labor organization signatory to this Agreement, acting on their own behalf and on behalf of their respective affiliates and member organizations whose names are subscribed hereto and who have through their officers executed this Agreement.

1.13 “Project Manager” means the person or persons or business entity designated by the City to oversee all phases of construction on the Projects.

1.14 “Master Labor Agreement” or “MLA” shall mean the collective bargaining agreement of each craft Union that is Signatory to this Agreement

1.15 “Calendar Day” shall mean any day, relating to any day of the week including Saturday, Sunday and public holidays.

1.16 “ Apprenticeship Program” -Recognizing the need to develop adequate numbers of competent workers in the construction industry, the Contractor(s)/Employer(s) shall employ apprentices of a California State-approved Joint Apprenticeship Program in the respective crafts to perform such work as is within their capabilities and which is customarily performed by the craft in which they are indentured.

The apprentice ratios will be in compliance with the applicable provisions of the applicable “Master Labor Agreement”.

ARTICLE 2

SCOPE OF AGREEMENT

2.1 Parties: This Agreement shall apply and is limited to all Contractors and subcontractors performing Construction Contracts necessary for the Projects, the City, the Council and any other labor organization signatory to this Agreement, acting in their own behalf and behalf of their respective affiliates and member organizations whose names are subscribed hereto and who have through their officers executed this Agreement.

2.2 Project Description: This Agreement shall govern the award of all of the Construction Contracts identified by the City as part of the Projects. The City has the absolute right to combine, change, consolidate, suspend or cancel Construction Contract(s) or portions of Construction Contract(s) identified as part of the Projects.

Should the City suspend or remove any contract from the Projects and thereafter authorize that construction work be commenced on such contract, then such contract shall be performed under the terms of this Agreement. Once a Construction Contract is completed it is no longer covered by this Agreement except when a Contractor is directed to engage in repairs, warranty work or modifications required by its

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Construction Contract with the City. For the purposes of this Agreement, a Construction Contract shall be considered Completed as set forth in Section 1.5 of this Agreement.

2.3 Covered work:

2.3.1 This Agreement covers, without limitation, all on-site construction, demolition, alteration, painting or repair of buildings, structures, landscaping, temporary fencing and other works and related activities for the Projects that is within the craft jurisdiction of one of the Unions and that is part of the Projects, including, without limitation, pipelines, site preparation, survey work, demolition of existing structures and all construction, demolition or improvements required to be performed as a condition of approval by any public agency. This scope of work includes all soils and materials testing and inspection where such testing and inspection is a classification in which a prevailing wage determination has been published.

2.3.2 The Projects include work necessary for the Projects and/or in temporary yards or areas adjacent to and dedicated to the Projects, and at any on-site batch plant(s) constructed solely to supply materials to the Projects, when those sites are dedicated exclusively to the Projects. This Agreement covers all on-site fabrication work over which the City, Contractor(s) or subcontractor(s) possess the right of control (including work done for the Projects in any temporary yard or area established for the Projects.)

2.3.3 The furnishing of supplies, equipment or materials which are stockpiled for later use shall in no case be considered subcontracting. Construction trucking work, such as the delivery of ready-mix, asphalt, aggregate, sand or other fill material which are directly incorporated into the construction process as well as the off-hauling of debris and excess fill material and/or mud, shall be covered by the terms and conditions of this Agreement, to the fullest extent provided by law and by prevailing wage determinations of the California Department of Industrial Relations. Employers, including brokers, of persons providing construction trucking work shall provide certified payroll records to the City within ten (10) calendar days of written request or as required by bid specifications.

2.4 Exclusions: The following shall be excluded from the scope of this Agreement:

2.4.1 This Agreement is not intended to, and shall not affect or govern the award of public works contracts by the City which are outside the identified scope of work of the Projects.

2.4.2 This Agreement is not intended to, and shall not affect the current or anticipated operation, maintenance, access or use of any of the City's buildings or facilities, whether or not such facilities are identified in Section 1.7 above.

2.4.3 This Agreement shall not apply to a Contractor or subcontractor’s executives, managerial employees, engineering employees, design employees, supervisors (except

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those covered by existing building and construction trades collective bargaining agreements), office and clerical employees.

2.4.4 This Agreement shall not apply to any work performed on or near or leading to the site of work covered by this Agreement that is undertaken by state, county or other governmental bodies or their contractors; or by public or private utilities or their contractors; or by the City or its contractors for work not part of the scope of the Projects. Parties performing work shall notify in writing, The Council and The District of any work being performed near or leading to the site work that is not covered by this agreement. Further, this Agreement shall not be construed to prohibit or restrict the City or its employees from performing work on or around the Project construction sites or from entering the sites for any purposes deemed necessary or appropriate by the City.

2.4.5 This Agreement shall not apply to the off-site maintenance of leased equipment or the on-site supervision of such work.

2.4.6 This Agreement shall not apply to any start-up, calibration, performance testing, repair, maintenance, operational revisions to systems and/or subsystems performed after Completion.

2.5 Termination, Suspension and/or Delay of Work: It is understood and agreed that the City, at its sole option, may change, terminate, delay and/or suspend any and all portions of the covered work at any time. Further, the City may prohibit some or all work on certain days or during certain hours of the day to comply with applicable codes, laws or regulations, permits or to accommodate the ongoing operations of the City’s facilities and/or to mitigate the effect of the ongoing Projects’ work on the businesses and residents in the neighborhood of the Project sites; and/or require such other operational or schedule changes that it may be deemed necessary, in its sole judgment, to effectively maintain the primary purpose of the City’s facilities and to remain a good neighbor to the residents and businesses in the area of any Projects. In order to permit the Contractors and Unions to make appropriate scheduling plans, the City will provide the affected Contractor and Union(s) with reasonable notice of any changes it requires pursuant to this Section.

2.6 Work covered by this Agreement within the following craft jurisdictions shall be performed under the terms of their National Agreements as follows: the NTL Articles of Agreement, the National Stack/Chimney Agreement, the National Cooling Tower Agreement, and the National Agreement of Elevator Constructors, and any instrument calibration work and loop checking shall be performed under the terms of the UA/IBEW Joint National Agreement for Instrument and Control Technicians, with the exception that Articles 4, 8,12 and 13 of this Agreement shall apply to such work.

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ARTICLE 3

EFFECT OF AGREEMENT/SUBCONTRACTORS

3.1 By executing this Agreement, the Unions and the City agree to be bound by each and every provision of this Agreement.

3.2 By accepting the award of a Construction Contract for the Projects, whether as contractor or subcontractor at any tier, the Contractor/Subcontractor agrees to be bound by each and every provision of this Agreement.

3.3 This Agreement shall only be binding on the signatory parties hereto and shall not apply to the parents, affiliates, subsidiaries, or other ventures of any other party.

3.4 It is understood that this Agreement, together with the referenced MLA , constitute an integrated, self-contained, stand-alone agreement, and that by virtue of having become bound to this Agreement, the Contractor will not be obligated to sign any other local, area, or national agreement as a condition of performing work within the scope of this Agreement. In addition, it is understood and agreed that all grievances and disputes involving the interpretation or application of this Agreement, including the MLA, shall be resolved according to the procedures set forth in Article 12 of this Agreement; provided, however, that should a dispute involve a single MLA and a Contractor signatory thereto, and not involve interpretation or application of this Agreement, then such dispute shall be processed and resolved pursuant to the grievance provisions of that MLA. Should there be a dispute in the first instance as to whether the provisions of Article 12 of this Agreement or the grievance procedures of a MLA apply, the dispute shall be presented initially to arbitrator Judge William Cahill or, if unavailable, arbitrator Earnest Brown, for resolution as to the applicable procedure. Such referral of a dispute as to the applicable procedures shall be done by an immediate conference call among the parties and the arbitrator, and heard and decided within three (3) calendar days. Should the arbitrator hold that Article 12 applies, the parties may, by mutual agreement, submit the issue to the same arbitrator pursuant to the provisions of Article 12, or, absent mutual agreement, commence processing the dispute at Step 1 of that Article.

3.5 Subcontractors. At the time that any Contractor enters into a subcontract with any subcontractor of any tier for the performance of construction or construction trucking work within the scope of this Agreement, the Contractor shall provide a copy of this Agreement, as it may from time to time be modified by the negotiating parties, to said subcontractor and shall require the subcontractor as a part of accepting an award of a construction subcontract to agree to be bound by each and every provision of the Agreement prior to the commencement of work.

3.5.1 Each Contractor and Subcontractor shall evidence their agreement to be bound to this Agreement by executing the Agreement To Be Bound form attached hereto as Appendix A. A copy of the Agreement To Be Bound executed by the Contractors and Subcontractors shall be submitted to the Union(s) prior to both the commencement of work and the Pre-Job Conference and will be a required submittal within the City’s bid packages. If the Contractor or Subcontractor refuses to execute the Agreement To Be

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Bound, then such Contractor or Subcontractor shall not be awarded a Construction Contract to perform work on the Projects. A Contractor or Subcontractor who executes the Agreement to Be Bound shall be considered a signatory party to this Agreement.

3.6 It is understood that the liability of each Contractor and Subcontractor and the liability of each Union under this Agreement shall be several and not joint. The Unions agree that this Agreement does not have the effect of creating any joint employment status between or among the City and/or any Contractor or Subcontractor.

3.7 With regard to any Contractor or subcontractor that is independently signed to any MLA, this Agreement shall in no way supersede or prevent the enforcement of any subcontracting clause contained in such MLA, except as specifically set forth in section

3.7.1 of this Agreement. Any such subcontracting clause in a MLA shall remain and be fully enforceable between each craft union and its signatory employers and no provision of this Agreement shall be interpreted and/or applied in any manner that would give this Agreement precedence over subcontracting obligations and restrictions that exist between craft Unions and their respective signatory employers under a MLA, except as specifically set forth in section 3.7.1 in this Agreement. To the extent that the provisions of this Agreement are inconsistent with any other provisions contained in a MLA, the provisions of this Agreement shall prevail

3.7.1 If a craft Union (“Aggrieved Union”) believes that an assignment of work on this Project has been made improperly by a Contractor or subcontractor, even if that assignment was as a result of another craft Union’s successful enforcement of the subcontracting clause in its MLA, as permitted by section 3.7 of this Agreement, the Aggrieved Union may submit a claim under the jurisdictional dispute resolution procedure contained in Article 13 of this Agreement and the decision rendered as part of that process shall be enforceable to require the Contractor or subcontractor that made the work assignment to assign that work prospectively to the Aggrieved Union. An award made to a craft Union under the subcontracting clause of its MLA, as permitted under section 3.7 of this Agreement, shall be valid and fully enforceable by that craft Union unless it conflicts with a jurisdictional award made pursuant to Article 12 of this Agreement. If the award made under MLA conflicts with the jurisdictional award, the award of any damages under the former shall be null and void ab initio.

ARTICLE 4

WORK STOPPAGES, STRIKES, SYMPATHY STRIKES, JURISDICTIONAL

DISPUTES AND LOCKOUTS

4.1 The Unions, City and Contractor agree that for the duration of the Projects:

4.1.1 There shall be no strikes, sympathy strikes, work stoppages, picketing, hand- billing or otherwise advising the public that a labor dispute exists, or slowdowns of any kind, for any reason, by the Unions or construction persons employed on the Projects, at a job site of the Projects or at any other facility of the City because of a dispute on the Projects. Nor shall the Unions or construction persons employed on the Projects participate in any strikes, sympathy strikes, work stoppages, picketing, hand billing,

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slowdowns, or otherwise advising the public that a labor dispute exists at a Project jobsite because of a dispute between Unions and Contractor(s) on any other project.

4.1.2 As to construction persons employed on the Projects, there shall be no lockout of any kind by a Contractor covered by this Agreement. It shall not be a violation of this Article if a Contractor or Subcontractor (1) suspends or terminates a portion of the Project work or (2) discharges an employee for just cause.

4.1.3 If a MLA between a Contractor and the Union expires before the Contractor completes the performance of a Construction Contract and the Union or Contractor gives notice of demand for a new or modified MLA, the Union agrees that it will not strike, picket, hand-bill, slowdown or engage in any other disruptive activity against the Contractor and the Contractor will not lockout construction persons of the Union on said Construction Contract for work covered under this Agreement and the Union and the Contractor agree that the expired MLA shall continue in full force and effect for work covered under this Agreement until a new or modified MLA is reached between the Union and Contractor. If the new or modified MLA reached between the Union and Contractor provides that any terms of the new MLA shall be retroactive, the Contractor agrees to comply with any retroactive terms of the new or modified MLA which are applicable to construction persons employed on the Projects within seven (7) calendar days.

4.2 A party to this Agreement shall institute the following procedure, prior to invoking any other action at law or equity when a breach of this Article 4 is alleged to have occurred:

4.2.1 A party invoking this procedure shall notify, by the most expeditious means available, with notice by facsimile, electronic mail or telephone to the City, to the party alleged to be in violation, to the Council and to the involved local Union if a Union is alleged to be in violation.

4.2.2 Upon receipt of said notice, the City will contact the designated permanent arbitrator, Judge William Cahill, or if unavailable, his alternate Ernest Brown, who shall attempt to convene a hearing within twenty-four (24) hours if it is contended that the violation still exists.

4.2.3 The Arbitrator shall notify the parties by facsimile, electronic mail or telephone of the place and time for the hearing. Said hearing shall be completed in one session, which, with appropriate recesses at the arbitrator’s discretion, shall not exceed twenty- four (24) hours unless otherwise agreed upon by all parties. A failure of any party to attend said hearings shall not delay the hearing of evidence or the issuance of any award by the arbitrator.

4.2.4 The sole issue at the hearing shall be whether or not a violation of Article 4, Section 4.1 of this Agreement has occurred. The arbitrator shall have no authority to consider any matter of justification, explanation or mitigation of such violation or to

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award damages, which issue is reserved for court proceedings, if any. The award shall be issued in writing within three (3) hours after the close of the hearing, and may be issued without a written opinion. If any party desires a written opinion, one shall be issued within fifteen (15) calendar days, but its issuance shall not delay compliance with or enforcement of the award. The arbitrator may order cessation of the violation of this Article 4 and other appropriate relief and such award shall be served on all parties by hand or registered mail upon issuance.

4.2.5 Such award may be enforced by any Court of competent jurisdiction upon the filing of this Agreement and all other relevant documents referred to above in the following manner. Written notice of the filing of such enforcement proceedings shall be given to the other party. In the proceeding to obtain a temporary order enforcing the arbitrator’s award as issued under Section 4.2.4 of this Article 4, all parties waive the right to a hearing and agree that such proceedings may be ex parte. Such agreement does not waive any party’s right to participate in a hearing for a final order or enforcement. The Court’s order or orders enforcing the arbitrator’s award shall be served on all parties by hand or delivered by certified mail.

4.2.6 Any rights created by statute or law governing arbitration proceedings inconsistent with the above procedure or which interfere with compliance are waived by the parties.

4.2.7 The fees and expenses of the arbitrator shall be divided equally between the party instituting the arbitration proceedings provided in this Article and the party alleged to be in breach of its obligations under this article.

4.3 Liquidated Damages. If the arbitrator determines that a violation of Section 4.1 has occurred, the breaching party shall, within eight (8) hours of the issuance of the decision take all steps necessary to immediately cease such activities and return to work. If the breaching party involved does not cease such activities by the beginning of the next regularly scheduled shift following the expiration of the eight (8) hour period after the arbitrator’s issuance of the decision, then the breaching party shall pay the sum of ten thousand dollars ($10,000) as liquidated damages to the City per shift until the breach is remedied. The arbitrator shall retain jurisdiction for the sole purpose of determining compliance with this obligation and determining the amount of liquidated damages, if any; but such retention shall not prevent the moving party from seeking judicial enforcement of the initial decision.

ARTICLE 5

PRE-JOB CONFERENCE

5.1 A mandatory pre-job conference shall be held prior to the commencement of each Construction Contract. Such conference shall be attended by a representative each from the participating Contractor(s) and Union(s) and the Project Manager. All efforts will be made to hold the pre-job conference in sufficient time to ensure all parties the ability to properly raise and resolve any issue that may arise out of such meeting, with a

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goal that such conferences will be held at least 21 work days before the work commences.

ARTICLE 6

NO DISCRIMINATION

6.1 The Contractors and Unions agree not to engage in any form of discrimination on the ground of or because of race, color, creed, national origin, ancestry, age, religious or political affiliation, gender, sexual orientation or disability against any person, or applicant for employment on the Projects.

ARTICLE 7

UNION SECURITY

7.1 The Contractors recognize the Union(s) as the sole bargaining representative of all construction persons working within the scope of this Agreement.

7.2 All construction persons who are employed by the Contractor(s) shall, as a condition of employment, on or before the eighth (8th) day of consecutive or cumulative employment on the Projects, be responsible for the payment of the applicable monthly working dues and any associated fees uniformly required for union membership in the applicable local union which is signatory to this Agreement. Further, there is nothing in this Agreement that would prevent non-union construction persons from joining the local union.

ARTICLE 8

REFERRAL AND LOCAL HIRE PROGRAM

8.1 Referral

8.1.1 Contractor (s) performing construction work on the Projects described in the Agreement shall, in filling craft job requirements, utilize and be bound by the registration facilities and referral systems established or authorized by the Unions signatory hereto (“Job Referral System”). Such Job Referral System will be operated in a non- discriminatory manner and in full compliance with all federal, state, and local laws and regulations, including those which require equal employment opportunities and nondiscrimination.

8.1.2 The Contractor(s) shall have the right to reject any applicant referred by the Union(s), in accordance with the applicable Master Agreement.

8.1.3 The Contractor(s) shall have the unqualified right to select and hire directly all supervisors above general foreman it considers necessary and desirable, without such persons being referred by the Unions(s).

8.1.4 In the event that referral facilities maintained by the Union(s) are unable to fill the requisition of a Contractor(s) for employees within a seventy-two (72) hour period after

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such requisition is made by the Contractor(s), the Contractor(s) shall be free to obtain employees from any source. Contactor(s) shall promptly notify the Union(s) of any applicants hired from other sources. This provision does NOT affect core employees as defined below.

8.1.5 Unions shall exert their utmost efforts to recruit sufficient numbers of skilled craft persons to fulfill the requirements of the Contractor(s).

8.1.6 Core Employees
All parties agree to make a good faith effort to refer on a priority basis, consistent with the non-discriminatory referral procedures of the hall, qualified and available, and bona- fide Berkeley Residents for Project work.

8.1.7 The parties also recognize and support the City’s commitment to provide opportunities for participation on the Projects to Berkeley Residents who are regular, experienced employees (“Core” employees) of contractors and subcontractors awarded work on the Projects and who do not traditionally work under a local collective bargaining agreement(s). In furtherance of this commitment, the parties agree that such contractors and subcontractors awarded work on the Projects may request by name, and the local will honor, referral of persons who have applied to the local union for Project work and who demonstrate the following qualifications:
(1) Possess any license required by state or federal law for the Project work to be performed;
(2) Have worked a total of at least one thousand (1,000) hours in the construction craft during the prior three (3) years;
(3) Were on the Contractor’s active payroll for at least sixty (60) out of the one hundred and eighty (180) calendar days prior to the contract award; (4) Have the ability to perform safely the basic functions of the applicable trade, and (5) Are Berkeley residents.

The Union will refer to such Contractor one journeyman employee from the hiring hall out-of-work list for the affected trade or craft, and will then refer one of such Contractor’s “core” employees as a journeyman and shall repeat the process, one and one, until such Contractor’s crew requirements are met or until such Contractor has hired five (5) “core” employees, whichever occurs first. Thereafter, all additional employees in the affected trade or craft shall be hired exclusively from the hiring hall out-of-work list(s).

For the duration of the Contractor’s work the ratio shall be maintained and when the Contractor’s workforce is reduced, employees shall be reduced in the same ratio of core employees to hiring hall referrals as was applied in the initial hiring.

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8.1.8 The Contractor shall notify the appropriate Union of the name and social security number of each direct hire and each direct hire shall register with the Union’s hiring hall before commencing Project work. If there is any question regarding an employee’s eligibility under this Subsection 8.2.1, the City Representative, at a Union’s request, shall obtain satisfactory proof of such from the Contractor.

8.2 Local Hire

8.2.1 To the extent allowed by law and consistent with the non-discriminatory referral procedures of the Union hiring halls, the Parties agree to a goal that Berkeley Residents will perform a minimum of 20% of the hours worked, on a craft by craft basis for the Projects. The Contractor(s) shall make good faith efforts to reach this goal through the utilization of the Unions' hiring hall procedures. The Unions shall exercise their best efforts in their recruiting and training of Berkeley Resident workers and in their hiring hall procedures to facilitate this 20% goal on the Projects. In the event that referral facilities maintained by the Union(s) are unable to fulfill the 20% local hire requirement, paragraph 8.2.2 of this Article shall not apply. Contractors shall document all efforts to hire locally and provide such documents to the City of Berkeley. The Council will provide an annual census of Berkeley residents, in each of the crafts party to this agreement, to the City of Berkeley. This report will be provided by August 1 of each year of this agreement.
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8.2.2 Should any of the contractors performing work on the Projects fail to meet this 20% goal and fail to demonstrate efforts to do so, through a specific submittal process to be included in their contractual requirements and enforced by the grievance procedure. The contract's 10% retention will be held until such time that this failure is remedied, but not longer than sixty (60) calendar days after the date of substantial completion of the Projects or as required by law, in addition to the breach of contract remedies available to the parties for non-performance under this Agreement.

8.2.3 Apprenticeship & Workforce Development
A) Consistent with the requirements of California Labor Code §§ 1776, 1777.5 and 1777.6, Contractor(s) will be required to hire 1 New Apprentice Berkeley resident as for every $500,000 dollars or more of total construction bid amount. The New Apprentice(s) must work a minimum of 10% of the projects work hours. The contractor may deploy the apprentice to work on another concurrent project in order to meet the minimum hours, and those hours will be counted towards the total hours of the craft on the Berkeley project. Certified Payroll must reflect the hours worked.

Contractor must fully document efforts to hire a New Apprentice, through the following steps: 1) requesting New Apprentices through the Union dispatch procedure, 2) contacting a minimum of three MC3-approved pre-apprenticeship training programs for referral of Berkeley residents. Unions shall provide written documentation to the contractor in response to dispatch requests to fulfill the New Apprentice requirement, the next tier of residents will come from the Green Corridor.

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B) There can be no more than 1 entry-level New Apprentices for each craft, provided said crafts have apprenticeship openings and the general contractor will be able to include New Apprentices hired by their subcontractor to meet this requirement. Unions will agree to cooperate with Contractor(s) in furnishing apprentices as requested and the hiring of the apprentices will be in accordance to the Apprenticeship provisions listed in the Master Agreements and or the union agreements with the division of apprenticeship standards, and the apprentices shall be properly supervised and paid in accordance with provisions contained within the MLA’S. The Unions and Contractors will agree to cooperate with local pre-apprenticeship programs to ensure Berkeley residents have the opportunity to apply for and enter the into the apprenticeship programs.

C) The intent of this provision is to utilize Berkeley Resident New Apprentices to the fullest extent permissible by state law and the MLA. Failure of Contractor(s) and their subcontractors to maintain qualified apprentices on the job will be subject to further penalties as determined by the Grievance Committee as identified in Article 12.

8.11 Enforcement, Compliance & Reporting.

Contractors will be required to submit Certified Weekly Payrolls to the City along with monthly workforce utilization reports documenting the Contractor’s compliance with the requirements described in this article. At a minimum the monthly reports must include 1) data on Berkeley Resident’s work hour utilization on a craft by craft basis, 2) number of New Apprentices hired and the hours they have worked, 3) documentation showing any requests made to the union dispatchers for Berkeley Residents and the Union’s response to the request. Enforcement of this article shall be according to the Grievance and Arbitration procedure outlined in Article 12.

ARTICLE 9

HELMETS TO HARDHATS

9.1 The parties recognize a desire to facilitate the entry into the Building and Construction Trade Union(s) of Veterans who are interested in careers in the building and construction industry. The parties agree to utilize the services of the Center for Military Recruitment, Assessment and Veteran’s Employment (“Center”) and the Center’s “Helmets to Hardhats” program to serve as a resource for preliminary orientation, assessment of construction aptitude, referral to apprenticeship programs or hiring halls, counseling and mentoring, support network, employment opportunities and other needs as identified by the parties.

9.2 The Union(s) and Contractor(s) agree to coordinate with the Center to participate in an integrated database of Veterans interested in working on this Project and of apprenticeship and employment opportunities for this Project. To the extent permitted by law, the Union(s) will give credit to such Veterans for bona fide, provable past experience.

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ARTICLE 10

GRIEVANCE PROCEDURE

10.1 Any Contractor which is not otherwise bound through an agreement with a Union to a grievance procedure which confers jurisdiction to consider and resolve disputes over the imposition of discipline or dismissal of its construction persons working on this Project shall be bound to the arbitration procedure contained in the MLA of the craft representing the employee(s) involved in the dispute. For the purposes of this Article, such grievance procedure shall be limited to disputes regarding the imposition of discipline or dismissal arising from work covered by the Agreement. Such Contractor shall not impose discipline or dismissal on its construction persons covered by this Agreement without just cause.

ARTICLE 11

JOINT ADMINISTRATIVE COMMITTEE

11.1 The parties to this Agreement shall establish a five (5) person Joint Administrative Committee comprised of at least one and up to two (2) representatives representing the City; two (2) representatives of the signatory Unions and The Council; and one industry representative, mutually selected by the City and The Council. Each representative shall designate an alternate who shall serve in his or her absence for any purpose contemplated by this Agreement.

11.2 The Joint Administrative Committee shall meet at the request of either party, but not less than once each quarter, to review the implementation of the Agreement and the progress of the Projects including, but not limited to, compliance with Article 8, prevailing wage, safety, Workforce development and Industry trends. Requests for certified payroll made by a Joint Labor/Management Committee to which the Union(s) signatory to this Agreement are a party shall be provided as allowed by law.

ARTICLE 12

GRIEVANCE ARBITRATION PROCEDURE

12.1 The parties understand and agree that in the event any dispute arises out of the meaning, interpretation or application of the provisions of this Agreement, the same shall be settled by means of the procedures set out herein. No grievance shall be recognized unless the grieving party provides notice in writing to the signatory party with whom it has a dispute within seven (7) calendar days after becoming aware of the dispute, but in no event more than thirty (30) calendar days after it reasonably should have become aware of the event giving to the dispute. The time limits in this Article 12 may be extended by mutual written agreement of the parties.

12.2 Grievances shall be settled according to the following procedures:

Step 1: Within seven (7) calendar days after the receipt of the written notice of grievance, the Business Representative of the involved Local Union, the City’s

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authorized representative, representative of the construction person, and the representative of the involved Contractor shall confer and attempt to resolve the grievance.

Step 2: In the event that the representatives are unable to resolve the dispute within seven (7) calendar days after its referral to Step 1, either involved party may submit it within three (3) calendar days to Grievance Committee. The Grievance Committee shall consist of one (1) person selected by the City and one (1) person selected by the Council, which shall meet within seven (7) calendar days after such referral (or such longer time as mutually agreed upon by all representatives of the subcommittee), to confer in an attempt to resolve the grievance. The decision of the Grievance Committee shall be legal, final and binding. If the dispute is not resolved within such time seven (7) calendar days after its referral or such longer time as mutually agreed upon) it may be referred within seven (7) calendar days by either party to Step 3.

Step 3: Within seven (7) seven calendar days after referral of a dispute to Step 3, the representatives shall submit the matter to the designated permanent Arbitrator, Judge William Cahill.

12.3 In the event that Judge Cahill is unavailable, the arbitrator shall be Earnest Brown.

12.4 The Arbitrator shall arrange for a hearing no later than fourteen days (14) calendar days after the matter has been submitted to arbitration. A decision shall be given to the parties within five (5) calendar days after completion of the hearing unless such time is extended by mutual agreement. A written opinion may be requested by a party from the Arbitrator. The time limits specified in any step of the Grievance Procedure set forth in Section 12.1 may be extended by mutual agreement of the parties initiated by the written request of one party to the other, at the appropriate step of the Grievance Procedure. However, failure to process a grievance, or failure to respond in writing within the time limits provided above, without the request for an extension of time, shall be deemed a waiver of such grievance without prejudice, or without precedent to the processing of and/or resolution of like or similar grievances or disputes.

12.5 The decision of the Arbitrator shall be binding by all parties. The Arbitrator shall not have authority to change, amend, add, or detract from any of the provisions of the Agreement. The expense of the Arbitrator shall be borne equally by both parties.

12.6 In order to encourage the resolution of disputes and grievances at Step 1 and 2 of this Grievance Procedure, the parties agree that such settlements shall not be precedent-setting.

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ARTICLE 13

JURISDICTIONAL DISPUTES

13.1 The assignment of Covered Work will be solely the responsibility of the Contractor/Employer(s) performing the work involved; and such work assignments will be in accordance with the Plan for the Settlement of Jurisdictional Disputes in the Construction Industry (the “Plan”) or any successor Plan.

13.2 All jurisdictional disputes on this Project between or among the Union(s) and the Contractor/Employer(s), parties to this Agreement, shall be settled and adjusted according to the present Plan established by the Building and Construction Trades Department, or any other plan or method of procedure that may be adopted in the future by the Building and Construction Trades Department. Decisions rendered shall be final, binding and conclusive on the Contractor/Employer(s) and Union(s) parties to this Agreement.

13.2.1 If a dispute arising under this Article involves the Northern California Carpenters Regional Council or any of its subordinate bodies, an Arbitrator shall be chosen by the procedures specified in Article V, Section 5, of the Plan from a list composed of John Kagel, Thomas Angelo, Robert Hirsch and Thomas Pagan and the Arbitrator’s hearing on the dispute shall be held at the offices of the California State Building and Construction Trades Council in Sacramento, California, within fourteen (14) calendar days of the selection of the Arbitrator. All other procedures shall be as specified in the Plan.

13.3 All jurisdictional disputes shall be resolved without the occurrence of any strike, work stoppage, or slow-down of any nature, and the Contractor/Employer(s)’ assignment shall be adhered to until the dispute is resolved. Individuals violating this Section shall be subject to immediate discharge.

13.4 Each Contractor/Employer(s) shall conduct a Pre-Job Conference with the Council prior to commencing Covered Work. The Primary Employer, Coordinator and the District will be advised in advance of all such conferences and may participate if they wish. Pre-job conferences for different Contractor(s) may be held together.

ARTICLE 14

APPRENTICES

14.1 Recognizing the need to maintain continuing support of programs designed to develop adequate numbers of competent workers in the construction industry, the Contractor (s) shall employ apprentices in the respective crafts to perform such work as is within their capabilities and which is customarily performed by the craft in which they are indentured.

14.2 The apprentice ratios will be in compliance with the applicable provisions of the California Labor Code and Prevailing Wage Rate Determination.

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14.3 There shall be no restrictions on the utilization of apprentices in performing the work of their craft provided they are properly supervised.

14.4 All Apprentices will come from a State approved Labor Management Apprenticeship program.

ARTICLE 15

MANAGEMENT RIGHTS

15.1 The Contractor shall retain full and exclusive authority for the management of their operations, including the right to direct their work force in their sole discretion with regard to the following: the hiring, promotion, transfer, layoff, corrective action or discharge for just cause of its employees (in accordance with Article 9); the determination of the number of employees needed for the Project work; the selection/hiring of foremen and supervisors; the assignment and schedule of work; the requirement of overtime work, the determination of when it will be worked, and the number of employees engaged in such work, except as otherwise limited by the terms of this Agreement and/or the MLA. No rules, customs or practices shall be permitted or observed which limit or restrict production, or limit or restrict the working efforts of construction persons except that the lawful manning provisions of the MLA shall be recognized.

ARTICLE 16

WAGES/BENEFITS

16.1 Wages. All construction persons covered by this Agreement shall be classified in accordance with work performed and paid the hourly wage rates for those classifications in the applicable MLA for such craft work and in compliance with the applicable prevailing wage rate determination.

16.2 Benefits. Contractor agrees to pay contributions into established construction person benefit funds in the amounts designated in the appropriate MLA; provided, however, that each Contractor and Union agree that only such bona fide construction person benefits as included in the prevailing wage determination shall be included in this requirement and required to be paid by the Contractor under this Agreement; provided further, however, that this provision does not relieve Contractors signatory to a local collective bargaining agreement with a signatory Union which would be applicable to the Projects from making any other fund contributions (including, but not limited to, those for contract administration), required by such local agreement. Contractor shall not be required to pay contributions to any other trust funds to satisfy their obligation under this Article. By signing this Agreement, the Contractors adopt and agree to be bound by the written terms of the legally established Trust Agreements, specifying the detailed basis on which the payments are to be made into, and the benefits paid out of, such Trust Funds.

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16.3 Compliance. It shall be the responsibility of the Contractor(s) and Unions to investigate and monitor compliance with the provisions of the agreement contained in Article 15. Nothing in this agreement shall be construed to interfere with or supersede the usual and customary legal remedies available to the Unions and/or employee benefit Trust Funds to collect delinquent Trust Fund contributions from Contractors on the Project.

ARTICLE 17

MODIFIED MASTER LABOR AGREEMENTS

17.1 Certain Provisions Shall Not Apply. Provisions negotiated into the new or modified MLA which are less favorable to the Contractor than those uniformly required of employers for construction work normally covered by those agreements or which may be construed to apply exclusively or predominately to work covered by this Agreement shall not apply to work covered by this Agreement. Any disagreement between the parties regarding the application of the provisions of any new or modified collective bargaining agreement to work covered by this Agreement shall be resolved under the dispute and grievance arbitration procedures set forth in Article 12 hereof.

ARTICLE 18
DRUG and ALCOHOL TESTING

18.1 The use, sale, transfer, purchase and/or possession of a controlled substance, alcohol and/or firearms at any time during the work day is prohibited.

18.2 Employer shall be allowed to utilize employment drug screens. All personnel are subject to random alcohol and drug/alcohol testing at any time, except, the following changes will apply. Employer shall follow said Unions Master Labor Agreement drug polices, regulations and limits. Body fluid tests will utilize urine and saliva specimens.

Employer may also selectively require an employee to undergo alcohol or drug/alcohol testing if Employer has reasonable cause to believe that an employee’s ability to work safely may be impaired. All requirements and activities of the Employer with regard to drug/alcohol testing shall comply with the provisions of State law.

ARTICLE 19

SAVINGS CLAUSE

19.1 The parties agree that in the event any article, provision, clause, sentence or word of this Agreement is determined to be illegal or void as being in contravention of any applicable law, by a court of competent jurisdiction the remainder of the Agreement shall remain in full force and effect. The parties further agree that if any article, provision, clause, sentence or word of the Agreement is determined to be illegal or void, by the court of competent jurisdiction, the parties shall substitute, by mutual agreement, in its place and stead, an article, provision, clause, sentence or word which will meet the objections to its validity and which will be in accordance with the intent and purpose of the article, provision, clause, sentence or word in question.

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19.2 The parties also agree that in the event that a decision of a court of competent jurisdiction materially alters the terms of this Agreement such that the intent of the parties is defeated, then the entire Agreement shall be null and void.

ARTICLE 20

ENTIRE AGREEMENT

20.1 This Agreement represents the complete understanding of the parties. The provisions of this Agreement, including the MLA, shall apply to the work covered by this Agreement. Where a subject covered by the provisions of this Agreement is also covered by a MLA, the provisions of this Agreement shall prevail. Where a subject is covered by the provisions of a MLA and is not covered by this Agreement, the provisions of the MLA shall prevail. Nothing contained in a MLA, working rule, by-laws, constitution or other similar document of the Unions shall in any way affect, modify or add to this Agreement unless otherwise specifically set forth in this Agreement or mutually agreed to in writing executed by the parties.

20.2 The parties agree that this Agreement covers all matters affecting wages, hours, and other terms and conditions of employment and that during the term of this Agreement the parties will not be required to negotiate on any further matters affecting these or any other subject not specifically set forth in this Agreement except by mutual agreement of the parties.

20.3 This Agreement may be executed in counterparts, such that original signatures may appear on separate pages and when bound together all necessary signatures shall constitute an original. Facsimile signature pages transmitted to other parties to this Agreement shall be deemed the equivalent to original signatures.

ARTICLE 21
TERM

21.1 The Agreement shall be included as a condition of the award of the Construction Contracts.

21.2 The Agreement shall continue in full force and effect for a term of three years from the Effective Date of JuneJuly 1 30, 20202023 through June 30, 20232026, and shall be applicable to all Projects until completion that are advertised for bidding during the term.

21.3 This Agreement shall continue in full force and effect until Completion of the Project. The parties may mutually agree to extend and/or amend this Agreement.

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Berkeley City CouncilJune 27, 2023

Berkeley City Council
June 27, 2023