Berkeley City Council
February 13, 2024

Tuesday, February 13, 2024 AGENDA Page 1
AGENDA

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

JESSE ARREGUIN, MAYOR
Councilmembers:

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

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

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

To submi
t a written communication for the City Council’s consideration and inclusion in the public record, email [email protected].

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

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

Tuesday, February 13, 2024 AGENDA Page 2
Preliminary Matters
Roll Call:

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

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

1. Presentation: Bay Area Housing Finance Authority
City Manager Comments: The City Manager may make announcements or provide information to the City Council in the form of an oral report. The Council will not take action on such items but may request the City Manager place a report on a future agenda for discussion.

Public Comment on Non-Agenda Matters: Persons will be selected to address matters not on the Council agenda. If five or fewer persons wish to speak, each person selected will be allotted two minutes each. If more than five persons wish to speak, up to ten persons will be selected to address matters not on the Council agenda and each person selected will be allotted one minute each. Persons attending the meeting in-person and wishing to address the Council on matters not on the Council agenda during the initial ten-minute period for such comment, must submit a speaker card to the City Clerk in person at the meeting location and prior to commencement of that meeting. The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda.

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

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

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

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

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

Tuesday, February 13, 2024 AGENDA Page 3
Public Comment on Consent Calendar and Information Items Only: The Council will take public comment on any items that are either on the amended Consent Calendar or the Information Calendar. Speakers will be entitled to two minutes each to speak in opposition to or support of Consent Calendar and Information Items. A speaker may only speak once during the period for public comment on Consent Calendar and Information items.

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

Consent Calendar

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

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

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

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

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

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

Consent Calendar
Tuesday, February 13, 2024 AGENDA Page 4

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

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

Financial Implications: See report.

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

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

Financial Implications: See report.

Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000

5. Amendments
to the Regulations for Alternate Commissioners
From:

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

Financial Implications:

None
Contact: Mark Numainville, City Clerk, (510) 981-6 900

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

Financial Implications:

None
Contact: Mark Numainville, City Clerk, (510) 981-6 900

Consent Calendar
Tuesday, February 13, 2024 AGENDA Page 5

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

Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530

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

Financial Implications: Cultural Trust Fund - $69,000
Contact: Eleanor Hollander, Economic Development, (510) 981-7530

9. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on February 13, 2024
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval.

Financial Implications: Various Funds - $90,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300

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

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

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

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

Consent Calendar
Tuesday, February 13, 2024 AGENDA Page 6

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

These plans should include:

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

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

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

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

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

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

Financial Implications: See report
Contact: Okeya Vance-Dozier, Commission Secretary, (510) 981-7100

Tuesday, February 13, 2024 AGENDA Page 7
Council Consent Items

13. RFP for Development of West Berkeley Service Center (Continued from January 16, 2024)
From: Mayor Arreguin (Author), Councilmember Kesarwani (Author), Councilmember Hahn (Co-Sponsor), Councilmember Wengraf (Co-Sponsor) Recommendation: Refer to the City Manager to issue a Request for Proposal (RFP) for the development of the city-owned West Berkeley Service Center, (1900 Sixth Street), to permit site acquisition and construction of a 100-percent affordable housing project with the following key features: -Space on the ground floor of the building for administrative offices, community space and supportive services as currently provided by the City; -Maximizing the number of units under the existing zoning Mixed Use-Residential (MU-R) in conjunction with state law AB 1763 (2019); - A mix of unit sizes, including studios, one-bedroom, and two-bedroom units; -Require RFP applicants to include a plan for services provision and integration for the population(s) they propose to serve; -A preference for serving seniors and adults with mental health conditions while maintaining flexibility to serve other populations based on availability of funding.

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

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

Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100

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

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

Tuesday, February 13, 2024 AGENDA Page 8
Action Calendar

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

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

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

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

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

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

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

Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may with the consent of persons representing both sides of an issue allocate a block of time to each side to present their issue.

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

Action Calendar – Public Hearings

Tuesday, February 13, 2024 AGENDA Page 9

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

Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400

Action Calendar – New Business

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

Information Reports

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

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

Public Comment – Items Not Listed on the Agenda
Adjournment

Tuesday, February 13, 2024 AGENDA Page 10
NOTICE CONCERNING YOUR LEGAL RIGHTS : If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply:
1) No lawsuit challenging a City decision to deny (Code Civ. Proc. §1094.6(b)) or approve (Gov. Code 65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90- day period will be barred. 2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.

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

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

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

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

https://berkeleyca.gov/.

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

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

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

COMMUNICATION ACCESS INFORMATION:

This meeting is being held in a wheelchair accessible location.

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

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

Tuesday, February 13, 2024 AGENDA Page 11
Captioning services are provided at the meeting, on B- TV, and on the Internet. In addition, assisted listening devices for the hearing impaired are available from the City Clerk prior to the meeting, and are to be returned before the end of the meeting.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building , 2134 Martin Luther King Jr. Way, as well as on the City’s website, on February 1, 2024.

Mark Numainville, City Clerk

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

Communications – February 13, 2024
Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record.

Item #16: Dissolution of the Human Welfare and Community Action Commission and the Peace and Justice Commission; and, establishment of the Berkeley

1. Human Welfare Community Action Commission (HWCAC)

2. Peace and Justice Commission (2)

3. Janice Schroeder

Center Street Greenway & Strawberry Creek

4. Kirstin Miller on behalf of Ecocity Builders

Panoramic Hill Emergency Access/Egress

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

Southside Rezoning

6. Corey Smith

Chess Club

7. Carol Denney

AC Transit

8. Sandhya Hermon

9. Morry Hermon

10. Kabir Hermon

11. Arjun Hermon

Tuesday, February 13, 2024 AGENDA Page 12

12. Anne-Lise Francois

United Artist Theater

13. Laura Fujii

14. Robert Wilkinson

15. Melanie Lawrence

16. Lori Pottinger

17. Oakland Heritage Alliance

Israel Military Aid

18. Stephen Slauson

Homelessness

19. Tom Wolfman

20. Karima Cammell

Tree Removal

21. Carol Denney

Scooter Safety

22. Virginia Browning

23. Sean

24. Cindi Goldberg

EBMUD Repaving

25. Greg Couch

26. East Bay Municipal Utility District

People’s Park

27. Sophia Faaland

28. Samuel Baker

29. 10 similarly-worded form letters

Natural Gas Alternatives

30. G. Richard Raab

Ohlone Bikeway

31. Carol Hirth

Mayor Arreguin

32. Elana Auerbach

33. Kira Findling

Councilmember Robinson

34. Barbara Gilbert

Tuesday, February 13, 2024 AGENDA Page 13
Waterfront Specific Plan

35. Cal Sailing Club

Berkeley Mayoral Candidates

36. Downtown Berkeley Association

Fulton-Woolsey Bike Boulevard

37. Walk Bike Berkeley

38. David Hoffman (2)

39. Valerie Young

No Subject

40. Michele Shipp

Student Project

41. Akshat Pant
Street Paving

42. Kathleen Davis

Downtown Affordable Housing

43. Berkeley Chamber of Commerce

URL’s Only

44. Vivian Warkentin (2)

Hamas/Israel

45. Jennifer Fechner

46. Kim Friedman

47. Aaron Katler

48. Eleanor Wang

49. Hillary Kilimnik

50. Anna Henry

51. Moni Law (3)

52. Daniel Frydman

53. Aliza Craimer Elias

54. Rachel

55. Susanne DeWitt

56. Summer Brenner

57. Hillary Kllimnik

58. Anna Henry

59. Rosie Grady

60. Daniel Zilberman

61. Diana Bohn

62. Candice Schott

63. Jon Jackson

64. Monika Mann

Tuesday, February 13, 2024 AGENDA Page 14

65. Jacob Pincus

66. Dorothea Dorenz (3)

67. Imtiaz Ghori

68. Aaron Katler

69. 14 similarly-worded form letters
Supplemental Communications and Reports
Items received by the deadlines for submission will be compiled and distributed as follows. If no items are received by the deadline, no supplemental packet will be compiled for said deadline.

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

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

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

Ordinance No. 7,895-N.S. Page 1 of 2
Ayes: Hahn, Harrison, Humbert, Kesarwani, Taplin, and Arreguin.

Noes: None.

Absent: Bartlett and Wengraf.

ORDINANCE NO. 7,895 N.S.

AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY

COUNCIL OF THE CITY OF BERKELEY AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1.

That an amendment to the contract between the City Council of the City of Berkeley and the Board of Administration, California Public Employees’ Retirement System, is hereby authorized, a copy of said amendment being attached hereto, marked Exhibit A, and by such reference made a part hereof as though herein set out in full.

Section 2.

The Mayor of the City
of Berkeley City Council is hereby authorized, empowered, and directed to execute said amendment for, and on behalf of, said Agency.

Section 3.

This Ordinance shall take effect thirty (30) days after the date of its adoption. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of Council Chambers, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

At a regular meeting of the Council of the City of Berkeley held on January 16, 2024, this Ordinance was passed to print and ordered published by posting by the following vote:

Ordinance No. 7,895-N.S. Page 2 of 2

Ordinance No. 7,896-N.S. Page 1 of 2
ORDINANCE NO. 7,896-N.S.

AMENDING BERKELEY MUNICIPAL CODE CHAPTER 4.04 TO UPDATE SECTION

4.04.120 EXEMPTIONS FROM CAREER SERVICE (AT-WILL EMPLOYEES) BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That Section 4.04.120 of the Berkeley Municipal Code is amended to read as follows:

4.04.120 Exemption from career service (At-will employees).

The provisions of this chapter shall apply to all positions in the service of the City except:

A. The City Manager, Assistant City Manager, Deputy City Manager, Assistant to the City Manager, Assistant to the City Attorney, Police Review Commission Officer, Police Review Commission Investigator, Budget Manager, Assistant to the Mayor, Capital Improvement Programs Manager, Economic Development Manager, Legislative Assistant, and Employee Relations Manager;
B. Assistant, Associate and Senior Management Analyst when appointed to the City Manager’s Department or to the budget unit of the Management and Administrative Services Agency; and Secretary to the Mayor, Administrative Secretary and Secretary when appointed to the Mayor’s office;
C. All department heads, health officer, and supervising psychiatrist; D. Persons employed seasonally in the summer camps;
E. Persons employed as reserve or emergency employees during the period of national emergency as provided in the ordinance creating such employment; F. All persons who are paid at an hourly rate with the exception of library aides. Persons appointed as hourly library aides shall be part of the career service with the exception of those hired to fill temporary positions of six months or less. Persons appointed to these positions which are exempt from the career service shall serve at the pleasure of the appointing authority and may be demoted, suspended, or otherwise rejected at any time without cause and without right of appeal or hearing in any manner. Except that, any employee in the career service promoted or transferred to a position not included in the career service and made exempt from the career service shall be reinstated to their career appointment from which they were promoted or transferred if within six months of appointment to a position not included in the career service, action is taken to dismiss them, unless charges are filed and the employee is discharged in accordance with this chapter and the rules established hereunder for positions in the career service. All employments designated in this section shall be entitled to only those benefits provided for at-will employees in the personnel rules and regulations or in applicable memoranda agreements.

Ordinance No. 7,896-N.S. Page 2 of 2
Section 2. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

At a regular meeting of the Council of the City of Berkeley held on January 30, 2024, this Ordinance was passed to print and ordered published by posting by the following vote:

Ayes: Bartlett, Hahn, Harrison, Humbert, Kesarwani, Taplin, and Arreguin.

Noes: None.

Absent: Wengraf.

Ordinance No. 7,897-N.S. Page 1 of 1
ORDINANCE NO. 7,897-N.S.

LEASE AGREEMENT: WE WIELD THE HAMMER AT TELEGRAPH-CHANNING MALL AND GARAGE, 2440 DURANT AVENUE
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. FINDINGS:

The City owns the Telegraph-Channing Mall and Garage, and We Wield The Hammer, a 501c3 nonprofit organization, seeks to lease 2440 Durant Avenue at the premises for purpose of operating a retail business offering specialized classes and related materials to the public.

Section 2. AUTHORIZATION FOR CITY MANAGER TO ENTER INTO LEASE AT 2440 Durant Avenue, Berkeley CA:

The City Manager is hereby authorized to enter into a five-year lease agreement with the option for a five-year extension with We Wield The Hammer for real property located at 2440 Durant Avenue, a ground floor retail space in the City of Berkeley Telegraph- Channing Mall and Garage. Such lease shall be on substantially the terms set forth in Exhibit A.

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

At a regular meeting of the Council of the City of Berkeley held on January 30, 2024, this Ordinance was passed to print and ordered published by posting by the following vote:

Ayes: Bartlett, Hahn, Harrison, Humbert, Kesarwani, Taplin, and Arreguin.

Noes: None.

Absent: Wengraf.

TELEGRAPH-CHANNING MALL LEASE
This lease is made on __________________________, 2023, between the CITY OF BERKELEY ("Landlord"), a Charter City organized and existing under the laws of the State of California and We Wield The Hammer ("Tenant"), a 501c3 nonprofit organization, who agree as follows:

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

A. Landlord is the owner of the real property at 2440 Durant Avenue located inside Telegraph-Channing Mall & Garage, 2431 Channing Way, Berkeley, California 94704, ("Premises") as further described in Exhibit A, attached to and made a part of this Lease.

B. Tenant is willing to lease the Premises from Landlord pursuant to the provisions stated in this lease.

C. Tenant wishes to lease the Premises for the purpose of operating a metalsmithing training program and retail store.

D. Tenant has examined the Premises and is fully informed of the condition thereof and agrees to accept it in “as-is” condition.

1. DESCRIPTION OF PREMISES
Landlord leases to Tenant and Tenant leases from Landlord the Premises described above.

2. TERM
The term of this lease shall commence on the effective date of the Ordinance which authorizes this lease unless the Ordinance provides otherwise and shall be for a period of five (5) years plus the partial month, if any, immediately preceding the first full calendar month of this lease.

Tenant shall have an option to extend the term of this Lease for an additional period of five (5) years, pursuant to Section 35 of this Lease. The effective date of the Ordinance shall be no less than thirty (30) days after the second reading of the Ordinance and its approval by City Council.

The Term is further described in Exhibit B, attached to and made a part of this Lease.

3. RENT
Tenant shall pay to Landlord as monthly rent, without deduction, setoff, prior notice, or demand, the sum of $1,085.00 per month in advance on the first day of each month, commencing on the date the Term commences, and continuing during the Term. Monthly rent for the first month or portion of it shall be paid on the day the Term commences. Monthly rent

for any partial month shall be prorated at the rate of 1/30th of the monthly rent per day. All rent shall be paid to Landlord at the address to which notices to Landlord are given.

The City agrees to abate the rent for the six months following the lease commencement date.

Tenant will be responsible for all PG&E payments associated with 2440 Durant from the commencement date of the lease.

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"). The adjusted monthly rent will be calculated by adding three percent (3%). Monthly rent increases based on the annual 3% adjustment have been calculated and are further described in Exhibit C, attached to and made a part of this Lease.

5. SECURITY DEPOSIT
a. As security for the full and faithful performance by Tenant of each and every term, provision, covenant, and condition of this lease, Tenant shall deposit with Landlord cash in an amount equal to one month's payment of rent. Such security shall be deposited on or before the effective date of the ordinance authorizing this lease. b. Tenant waives the provisions of California Civil Code section 1950.7, and all laws in force or that become in force after the date of execution of this Lease, that provide that Landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by Tenant, or to clean the Premises. c. If Tenant defaults in respect to any of the terms, provisions, covenants and conditions of this lease, including but not limited to the payment of rent, Landlord may use the security deposit or any portion of it to cure the default or compensate the Landlord for all damage sustained by Landlord resulting from Tenant's default. If Landlord so uses any portion of the security deposit, Tenant will restore the security deposit to its original amount within ten (10) days after written demand from Landlord.
d. Landlord will not be required to keep the security deposit separate from its own funds and Tenant shall not be entitled to interest on the security deposit. The security deposit will not be a limitation on Landlord's damages or other rights under this lease, or a payment of liquidated damages, or an advance payment of the rent. If Tenant pays the rent and performs all of its other obligations under this lease, Landlord shall return the unused portion of the security deposit to Tenant within sixty (60) days after the end of the term; however, if Landlord has evidence that the security deposit has been assigned to an assignee of the Tenant, Landlord shall return the security deposit to the assignee. Landlord may deliver the security deposit to a purchaser of the Premises and be discharged from further liability with respect to it. Tenant

waives the provisions of California Civil Code section 1950.7, and all laws in force or that become in force after the date of execution of this Lease, that provide that Landlord shall return the security deposit no later than thirty (30) days after the Landlord receives possession of the Premises.

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

7. USE OF PREMISES; OPERATION
a. Tenant will use the Premises for the purpose of providing metalsmith training, jewelry making and metalsmith workshops, and selling related tools, supplies, branded gear, and other related items and agrees to continuously and uninterruptedly occupy and use the entire leased Premises for said purpose and to maintain adequate personnel for the efficient service of clients or customers. Tenant shall not use nor permit the use of the whole or any part of the Premises for any other purpose without the Landlord's prior written consent. b. Business may be conducted with the public on the leased Premises at any time on any day, provided that, 1) to do business after 10:00 p.m. on any day Tenant shall have obtained any permit required by federal, state or local law; and 2) Tenant hours of operation have been approved by the Landlord, including vacation, holiday, and seasonal schedule changes and/or closures (if any).
c. Tenant agrees to abide by all facility “Rules and Regulations” and are further described in Exhibit D, attached to and made a part of this Lease. Amendments to Exhibit D may be made from time to time and do not require approval by City Council. d. In addition to Tenant’s agreement to abide by all other restrictions on Tenant’s use, Tenant hereby covenants that it shall not use the demised premises to engage in either the primary business of a flower shop, which shall include engaging in the primary business of selling flowers, plants, or related supplies nor the primary business of a deli/sandwich shop, which shall include engaging in the primary business of selling made to order sandwiches.

Tenant agrees that any violation of these use restrictions shall constitute a default by Tenant

under this Lease, and that Landlord’s notice to Lessee of this specific use restriction shall not be deemed a waiver by Landlord of any other use restriction imposed on the Tenant for the use of the demised Premises.

8. TAXES AND ASSESSMENTS
a. Tenant recognizes and understands that this lease may create a possessory interest subject to property taxation and assessment and utility taxation, and that the Tenant will be responsible for the payment of any property taxes and assessments, and utility taxes levied on such interest.
b. Tenant shall pay all taxes on its personal property, fixtures and on its leasehold or possessory interest in the leased Premises and any other assessment that may be lawfully levied.

9. UTILITIES
Tenant agrees to pay any and all charges for electricity, gas, heat, cooling, telephone, internet services, sewer use, water, refuse collection and other utilities used in the Premises. Tenant is responsible for directly paying any and all charges associated with the dedicated Pacific Gas and Electric meter for the Premises.

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

11. IMPROVEMENTS
a. Tenant shall not erect additions or structures nor make nor cause to be made any alterations, improvements, additions, or fixtures that affect the exterior or interior of the Premises, nor shall Tenant mark, paint, drill or in any way deface any floors, walls, ceilings, or partitions of the Premises without 1) first providing thirty (30) days' written notice to Landlord and 2) obtaining City of Berkeley Building Permits as required by the Berkeley Municipal Code

as it exists at the time of such improvements. Failure to notify the Landlord or failure to obtain Building Permits or meet other regulatory requirements shall constitute a default by Tenant. b. Tenant shall require all contractors to provide a labor and materials bond for the full amount of the contract. Tenant shall pay, when due, all sums of money that may be due or become due for any labor, services, materials, supplies or equipment furnished to or for Tenant, in, at, upon or about the leased Premises and which may be secured by any mechanic's, materialmen's or other lien against the Premises or Landlord's interest therein. c. All alterations, improvements or additions that are now or in the future attached permanently to the Premises shall be the property of Landlord and remain with the Premises at the termination of this lease, except that Landlord can elect within thirty (30) days of the termination of the lease to require Tenant, at its cost, to remove any alterations, improvements or additions Tenant has made to the Premises.

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

13. INSURANCE
a. Tenant at its cost shall maintain public liability insurance with a single combined liability limit of $2,000,000 and property insurance against all risks of loss to any Tenant improvements or betterments, at full replacement cost with no coinsurance penalty provision insuring against all liability of Tenant and its authorized representatives arising out of and in connection with Tenant's use or occupancy of the Premises. All such insurance shall insure performance by Tenant of the preceding indemnity provisions. All insurance shall name the City of Berkeley, its officers, agents, volunteers and employees as additional insureds and shall provide primary coverage with respect to the City. b. If the insurance referred to above is written on a Claims Made Form, then following termination of this lease, coverage shall survive for a period of not less than five years.

Coverage shall also provide for a retroactive date of placement coinciding with the effective date of this lease.

c. Tenant at its cost shall maintain on all its personal property, Tenant's improvements, and alterations, in on, or about the Premises, a policy of standard fire and extended coverage insurance, with vandalism and malicious mischief endorsements. This coverage shall be considered primary, and the proceeds from any such policy shall be used by Tenant for the replacement of personal property or the restoration of Tenant's improvements or alterations.
d. If Tenant employs any person, it shall carry workers' compensation and employer's liability insurance and shall provide a certificate of insurance to the Landlord. The workers' compensation insurance shall: provide that the insurance carrier shall not cancel, terminate, or otherwise modify the terms and conditions of said insurance except upon thirty (30) days prior written notice to the Landlord; provide for a waiver of any right of subrogation against Landlord to the extent permitted by law; and be approved as to form and sufficiency by the Landlord's Risk Manager.
e. Tenant shall forward all insurance documents to: Real Property Administrator, Department of Public Works, Property Management 1947 Center Street, Fifth Floor, Suite 521 Berkeley, California, 94704.

14. COMPLIANCE WITH LAW AND SAFETY
a. Tenant shall observe and comply with all applicable laws, ordinances, codes and regulations of governmental agencies, including federal, state, municipal and local governing bodies having jurisdiction over any or all of the Tenant's activities, including all provisions of the Occupational Safety and Health Act of 1979 and all amendments thereto, and all applicable federal, state, municipal, and local safety regulations. All Tenant's activities must be in accordance with these laws, ordinances, codes, and regulations. b. If a death, serious personal injury, or substantial property damage occurs in, on, or about the Premises, Tenant shall immediately notify the Landlord's Risk Management Office by telephone. If any accident occurs on the Premises, Tenant shall promptly submit a written report to Landlord, in such form as Landlord may require. This report shall include the following information: 1) name and address of the injured or deceased person(s), (2) name and address of Tenant's contractor, if any, (3) name and address of Tenant's liability insurance carrier, and (4) a detailed description of the accident. c. Tenant shall report all existing hazardous materials handled at the site and any hazardous wastes generated at the site to the Toxics Management Division (TMD) on an annual basis and abide by all requirements of the TMD and other state and local environmental agencies. Upon release of hazardous materials or hazardous waste at the property or adjacent to the property, Tenant shall immediately notify the City of Berkeley Toxics Management Division.

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

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

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

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

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

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

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

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

19. OPPRESSIVE STATES
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.
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 29. In the event that the City terminates this lease due to a default under this provision, City may deem Tenant a non-

responsible bidder for five (5) years from the date this lease is terminated.

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

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

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

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

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

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

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

22. SANCTUARY CITY CONTRACTING ORDINANCE

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

Immigration and Customs Enforcement Division of the United States Department of Homeland Security with any Data Broker or Extreme Vetting Services as defined herein:
a. “Data Broker” means either of the following: (1) The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies; (2) the aggregation of data that was collected for another purpose from that for which it is ultimately used.

b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services. Extreme Vetting does not include: (1) The City’s computer-network health and performance tools; (2) Cybersecurity capabilities, technologies and systems used by the City of Berkeley Department of Information Technology to predict, monitor for, prevent, and protect technology infrastructure and systems owned and operated by the City of Berkeley from potential cybersecurity events and cyber-forensic based investigations and prosecutions of illegal computer-based activity.

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

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

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

26. DAMAGE OR DESTRUCTION

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

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

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

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

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

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

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

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

b. Notices given under this paragraph shall specify the alleged default and the applicable lease provisions, and shall demand that Tenant perform the provisions of this lease or pay the rent that is in arrears, as the case may be, within the applicable period of time, or quit the Premises. No such notice shall be deemed a forfeiture or a termination of this lease unless Landlord so elects in the notice. The purpose of the notice requirements set forth in this section is to extend the notice requirements of the unlawful detainer statutes of California.

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

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

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

If Landlord elects to relet the Premises as provided in this paragraph, rent that Landlord receives from reletting shall be applied to the payment of: first, any indebtedness from Tenant to Landlord other than rent due from Tenant; second, all costs, including for maintenance, incurred by Landlord in reletting; third, rent due and unpaid under this lease. After deducting the payments referred to in this paragraph, any sum remaining from the rent Landlord receives from reletting shall be held by Landlord and applied in payment of future rent as rent becomes due under this lease. In no event shall Tenant be entitled to any excess rent received by Landlord. If, on the date rent is due under this lease, the rent received from the reletting is less than the rent due on that date, Tenant shall pay to Landlord, in addition to the remaining rent due, all costs, including for maintenance, Landlord incurred in reletting that remain after applying the rent received from the reletting as provided in this paragraph. b. Termination of Tenant's Right to Possession. Landlord can terminate Tenant's right to possession of the Premises at any time. No act by Landlord other than giving notice to Tenant shall terminate this lease. Acts of maintenance, efforts to relet the Premises, or the

appointment of a receiver on Landlord's initiative to protect Landlord's interest under this lease shall not constitute a termination of Tenant's right to possession. On termination, Landlord has the right to recover from Tenant:
i. The worth, at the time of award, of the unpaid rent that had been earned at the time of termination of this lease;
ii. The worth, at the time of award, of the amount by which the unpaid rent that would have been earned after the date of termination of this lease until the time of award exceeds the amount of the loss of rent that Tenant proves could have been reasonably avoided;
iii. The worth, at the time of award, of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of the loss of rent that Tenant proves could have been reasonably avoided; and
iv. Any other amount, and court costs, necessary to compensate Landlord for all detriment proximately caused by Tenant's default. "The worth, at the time of award," as used in i and ii of this section, is to be computed by allowing interest at the maximum rate an individual is permitted by law to charge. "The worth, at the time of award," as referred to in iii of this section, is to be computed by discounting the amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus 1%.
c. Appointment of Receiver. If Tenant is in default of this lease Landlord shall have the right to have a receiver appointed to collect rent and conduct Tenant's business. Neither the filing of a petition for the appointment of a receiver nor the appointment itself shall constitute an election by Landlord to terminate this lease.
d. Landlord’s Right to Cure. Landlord, at any time after Tenant commits a default, can cure the default at Tenant's cost. If Landlord at any time, by reason of Tenant's default, pays any sum or does any act that requires the payment of any sum, the sum paid by Landlord shall be due immediately from Tenant to Landlord at the time the sum is paid, and if paid at a later date shall bear interest at the maximum rate an individual is permitted by law to charge from the date the sum is paid by Landlord until Landlord is reimbursed by Tenant. The sum, together with interest on it, shall be additional rent.

30. ASSIGNMENT AND SUBLETTING
Tenant shall not voluntarily assign or encumber its interest in this lease or in the Premises, or sublease all or any part of the Premises, or allow any other person or entity (except Tenant's authorized representative) to occupy or use all or any part of the Premises, without first

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

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

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

To the Landlord: Real Property
Department of Public Works
1947 Center Street, Fifth Floor, Suite 521
Berkeley, CA 94704
Additionally, please email a PDF of the document to
[email protected]
To the Tenant: Prior to Lease Approval:

We Wield The Hammer
PO BOX 16088
Oakland, CA 94610
After Lease Approval:

We Wield The Hammer
2440 Durant Avenue
Berkeley, CA 94704

33. WAIVER

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

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

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

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

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

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

option period shall not be less than that provided during the initial lease term.

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

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

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

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

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

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

42. ENTIRE AGREEMENT, AMENDMENTS
This lease and all exhibits attached and any documents expressly incorporated by reference contain the entire agreement between the parties regarding the lease of the Premises

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

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

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

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

LANDLORD

CITY OF BERKELEY
By:

City Manager
Registered on behalf
of the City Auditor by:

Finance Department

THIS CONTRACT HAS BEEN

APPROVED AS TO FORM BY

THE CITY ATTORNEY FOR

THE CITY OF BERKELEY
09/2022
Attest by:

City Clerk
TENANT
By:

Printed Name: Karen Smith
Title:

Executive Director, We Wield
The Hammer
Berkeley Business
License No.:

Exhibit A

PREMISES

Physical (Legal) Address: 2431 Channing Way, Berkeley, CA 94704 Garage (and Commonly Used) Address: 2450 Durant Avenue, Berkeley, CA 94704 We Wield The Hammer
2440 Durant Avenue

Exhibit B

AGREEMENT SPECIFYING TERM OF LEASE
Attached to and made part of the Lease dated the ______ day of ____________________, 20____, by and between the CITY OF BERKELEY, a municipal corporation, as Landlord, and WE WIELD THE HAMMER, A 501c3 NONPROFIT ORGANIZATION as Tenant ("Tenant").

Landlord and Tenant do hereby confirm and acknowledge the following dates:
a. Lease Commencement Date is ________________________[DATE MUST BE AT LEAST 30 DAYS AFTER APPROVAL OF ORDINANCE]
b. Rent Commencement Date is __________________________[DATE] c. Expiration Date of the initial term of the Lease is _______________DATE], subject to extension as provided in the Lease.

This Agreement shall be binding on the parties hereto, their successor and assigns and all subtenants of Tenant and any other party claiming under or through Tenant. The Lease is in full force and effect as of the date hereof in accordance with its terms, and Tenant is in possession of the Premises. Landlord has fulfilled all of its obligations under the Lease that were required to be fulfilled by Landlord on or prior to the Rent Commencement Date and Tenant has no claim or right of set-off against any Rent (as defined in the Lease) under the Lease.

This Agreement was entered into as of the ______ day of ____________________, 20____.

ATTEST/WITNESS: LANDLORD:

CITY OF BERKELEY, a municipal corporation
By: _____________________________________
Its: City Manager
By: ______________________________________________
Its: City Attorney
By: ______________________________________________
Its: City Auditor
ATTEST/WITNESS: TENANT:

WE WIELD THE HAMMER
a 501c3 NON-PROFIT ORGANIZATION
By: _____________________________________

KAREN SMITH

Exhibit C

PAYMENTS
RENT PAYMENT SCHEDULE: We Weld the Hammer 2440 Durant@TCM YEAR 1 2 3 4 5
MARCH 1 1,085.00$ 1,117.55$ 1,151.08$ 1,185.61$ 1,221.18$ APRIL 2 1,085.00$ 1,117.55$ 1,151.08$ 1,185.61$ 1,221.18$ MAY 3 1,085.00$ 1,117.55$ 1,151.08$ 1,185.61$ 1,221.18$ JUNE 4 1,085.00$ 1,117.55$ 1,151.08$ 1,185.61$ 1,221.18$ JULY 5 1,085.00$ 1,117.55$ 1,151.08$ 1,185.61$ 1,221.18$ AUGUST 6 1,085.00$ 1,117.55$ 1,151.08$ 1,185.61$ 1,221.18$ SEPTEMBER 7 1,085.00$ 1,117.55$ 1,151.08$ 1,185.61$ 1,221.18$ OCTOBER 8 1,085.00$ 1,117.55$ 1,151.08$ 1,185.61$ 1,221.18$ NOVEMBER 9 1,085.00$ 1,117.55$ 1,151.08$ 1,185.61$ 1,221.18$ DECEMBER 10 1,085.00$ 1,117.55$ 1,151.08$ 1,185.61$ 1,221.18$ JANUARY 11 1,085.00$ 1,117.55$ 1,151.08$ 1,185.61$ 1,221.18$ FEBRUARY 12 1,085.00$ 1,117.55$ 1,151.08$ 1,185.61$ 1,221.18$ ANNUAL TOTAL: 13,020.00$ 13,410.60$ 13,812.92$ 14,227.31$ 14,654.12$ 6 MONTH RENT ABATEMENT: (6,510.00)$
INITIAL TERM TOTAL: 62,614.95$
PREMISES AREA (SQFT):

MONTHLY RATE PER SQFT:

INITIAL MONTHLY RENT:

ANNUAL INCREASE:

LEASE START DATE:

INITIAL TERM:

INITIAL TERM TERMINATION DATE:

NOTIFY LANDLORD FOR OPTION BY:

OPTION START DATE:

OPTION TERM:

OPTION TERMINATION DATE:

February 28, 2029
September 1, 2028
December 1, 2028
60 MONTHS
November 30, 2033
60 MONTHS
620

1.75$
1,085.00$

3.00%
March 1, 2024

Exhibit D

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

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

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

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

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

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

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

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

Landlord, and, if so approved, a charge will be made for the additional name or name change.

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

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

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

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

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

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

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

The following are optional coversheets for Exhibits that may be included in a lease or license agreement:

Exhibit E

TENANT IMPROVEMENTS
[THIS CAN BE A LIST OF IMPROVEMENTS REQUIRED IN THE LEASE THAT MUST BE COMPLETED BY THE TENANT AT THE TENANT’S EXPENSE.]

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

CONSENT CALENDAR
February 13, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Sharon Friedrichsen, Budget Manager
Subject: City of Berkeley’s 2024 State and Federal Legislative Platform

RECOMMENDATION
Adopt a Resolution approving the City of Berkeley’s 2024 State and Federal Legislative Platform.

FISCAL IMPACTS OF RECOMMENDATION
Formal adoption and use of a legislative platform, by clearly indicating the City of Berkeley’s priorities, may increase the City’s effectiveness when competing for federal or state funding opportunities.

CURRENT SITUATION AND ITS EFFECTS
The proposed 2024 State and Federal Legislative Platform outlines the City’s legislative priority areas related to homelessness, housing, economic development, infrastructure, public safety, sustainability and the environment, and health. In addition, the platform supports the City’s efforts to seek federal and state funding assistance in the areas of affordable housing and homelessness, infrastructure improvements and climate resiliency. These legislative priorities support the City’s long-term Strategic Plan goals, including providing state-of-the-art, well-maintained infrastructure; creating affordable housing and housing support services; creating a resilient and safe city, and continuing to be a global leader in addressing climate change, advancing environmental justice, and protecting the environment.

BACKGROUND
The City Manager and City Department Directors provided input regarding the priority areas and projects to include within the 2024 legislative platform. In addition, the Budget and Finance Policy Committee reviewed the draft platform during its meeting on January 25, 2024, proposed amendments to the draft platform related to funding for affordable housing programs and recommended to forward the item as revised to the City Council with a positive recommendation (Vote: Ayes – Mayor Arreguin and Councilmember Kesarwani; Noes – None; Abstain – None; Absent – Councilmember Harrison).

City of Berkeley’s 2024 State and Federal Legislative Platform CONSENT CALENDAR February 13, 2024

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
While adopting the legislative platform will not directly impact climate or improve environmental sustainability, these items will be supported by the platform through related policy and funding priorities.

RATIONALE FOR RECOMMENDATION
A formally adopted legislative platform clearly indicates the City’s policy and funding priorities, allowing for more effective, targeted advocacy for the City’s needs at the state and federal level.

ALTERNATIVE ACTIONS CONSIDERED
The City could choose not to formally adopt a legislative platform. This could result in missing funding opportunities and a less clear position, voice or impact during state and federal level policy discussions and decisions.

CONTACT PERSON
Sharon Friedrichsen, Budget Manager, City Manager’s Office, (510) 981-7000 Attachments:
1: Resolution
Exhibit A: City of Berkeley’s 2024 State and Federal Legislative Platform

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

CITY OF BERKELEY 2024 STATE AND FEDERAL LEGISLATIVE PLATFORM WHEREAS, the City of Berkeley has an interest in indicating to state and federal government the City’s own legislative platform; and
WHEREAS, said platform can improve the City’s ability to influence state and federal policy; and
WHEREAS, said platform can improve the City’s effectiveness when competing for state and federal funding opportunities; and
WHEREAS, the City of Berkeley 2024 State and Federal Legislative Platform clearly outlines the City’s policy and funding priorities.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council approves Exhibit A, the City of Berkeley’s 2024 State and Federal Legislative Platform.

Exhibits
A: City of Berkeley 2024 State and Federal Legislative Platform

M E M O R A N D U M

To: The Honorable Jesse Arreguin and Members of the Berkeley City Council CC: Dee Williams-Ridley, City Manager
From: Christopher Townsend, President, Townsend Public Affairs, Inc.

Niccolo De Luca, Vice President
Joseph Mello, Federal Senior Associate
Andres Ramirez, Senior Associate
Carly Shelby, Legislative Associate
Sammi Maciel, Federal Associate

Date: January 25, 2024
Subject: Amended Draft 2024 State and Federal Legislative Agenda

Townsend Public Affairs, Inc. (TPA) has prepared a draft 2024 Legislative Platform for the City of Berkeley. The City’s legislative platform for 2024 will reflect the priorities of the Mayor, the City Council, and the people of Berkeley. The platform will include advocating for legislation, regulations, and funding that is consistent with the City’s adopted goals.

Once adopted, this blueprint will be shared with key stakeholders in the State Legislature and Governor’s Administration as well as Congress and the Biden Administration. However, it will be necessary to remain nimble and responsive as we move through the legislative year. Our legislative agenda will be fluid as some issues will be addressed with introduced legislation.

Proposed Legislative Priorities for 2024
It is expected that the State Legislature in 2024 will maintain its focus on its recent priorities including; Climate Resiliency, Governance and Transparency, Homelessness and Behavioral Health, Housing and Greater Access, Public Safety, and Transportation and Infrastructure.

The State Legislature is currently in interim recess and will reconvene on January 3rd to resume legislative activities. Legislators may begin introducing new pieces of legislation, many of which may be like bills that did not advance in 2023, the second year of the two-year legislative cycle.

In Washington, DC a politically fraught Congress and new Speaker of the House will aim to legislate on several key priorities while balancing elections for the Presidency, House, and Senate. Major legislative action will center on the Fiscal Year (FY) 25 National Defense Authorization Act, 2024 Water Resources Development Act, the Farm Bill, and Energy Permitting Reform. Border security, foreign conflicts, artificial intelligence, and continued implementation of the Inflation Reduction Act and Bipartisan Infrastructure Law will also garner much attention.

Before Congress can focus on policy, both chambers must reconcile FY24 appropriations differences to fund the government and avoid a shutdown. Although this will likely drag into next year, Congress will begin accepting earmark requests for FY25 appropriations process as soon as February 2024.

Proposed 2024 Legislative Platform Page 2 of 9 Federal and State Legislative Monitoring and Potential Action The following legislative priorities are being recommended for monitoring, analysis, and potential action.

The City Council may choose to take a position on a piece of legislation, continue to monitor without a position, or determine if any further response is required.

TPA maintains a constantly updated matrix of state legislation and in years past have presented recommendations after session has started then providing rolling updates. TPA will monitor legislative activity in the following areas.

Homelessness
Policy Priorities:
1) Prevent displacement of tenants and residents
2) Expand emergency, transitional, and permanent housing opportunities 3) Expand resources and housing alternatives for those unhoused persons who suffer with severe mental illness and require conservatorship
4) Support legislative efforts that require counties to partner with cities when receiving direct allocation of homeless funds and have a regional focus in the expenditure of state funds 5) Support legislative efforts that will allocate State homeless dollars such as the HHAP program and others, based off city point-in-time count numbers
6) Support legislative changes to Coordinated Entry requirements that allow local governments to prioritize based on local unsheltered needs and encampment resolution for housing placements 7) Support legislative efforts that have a focus on keeping people in housing, once placed, for many years which could include legislative changes to emergency shelter crisis declarations 8) Support legislative efforts that address racial disparities in homelessness 9) Support legislative efforts that provide minimum basic income for those who are unhouse or at risk of becoming unhoused

Funding Priorities:
1) Continue the state-funded emergency rent and utility assistance program for those at-risk of becoming homeless
2) Expand funding for homeless services (e.g., the wrap around services necessary for transitional and permanent housing), non-congregate shelters and emergency shelters, as well as operating costs for permanent supportive housing
3) Funding for permanent housing interventions that reduce and prevent homelessness 4) Support for more mental health and behavioral health outreach services ; incentivize County provision of In-Lieu of Services in the CalAIM system change 5) Funding for targeted homeless prevention programs that provide financial assist ance, legal and housing navigation services
6) Funding for employment, wage-earning programs for homeless people 7) Funding for substance abuse services
8) Support funding efforts for non-congregate shelter such as Safe Parking programs and allow existing rent subsidies sources to be used to subsidize the rent at these programs 9) Support funding for homeless services (e.g., the wrap around services necessary for transitional and permanent housing) and emergency shelters, as well as operating costs for permanent housing 10) Investment in extremely low income housing for those experiencing homelessness 11) Investment in mental health treatment across the continuum of care, including efforts to support or encourage creation of additional board and care beds as well as subacute treatment and psychiatric skilled nursing facilities

Proposed 2024 Legislative Platform Page 3 of 9 Housing
Policy Priorities:
1) Help promote and support housing legislation to enable the construction of more housing at various income levels; fight to repeal Article 34
2) Support legislation that advances the creation or funding of affordable housing projects 3) Pursue updates to the State building code, if necessary, and to promote innovative forms of housing construction
4) Reasonable reform to CEQA to streamline development and housing opportunities 5) Support legislative and funding efforts relating to housing preservation and acquisition and operation 6) Support legislative efforts to protect tenants and small property owners impacted by the COVID-19 pandemic which includes residential lease terminations
7) Support legislative efforts to extend the State rent relief program and to bring back the eviction moratorium/eviction protections
8) Support legislative efforts to reduce the voter threshold for passage of affordable housing bonds 9) Support legislative efforts to repeal or reform the Ellis Act and the Costa–Hawkins Rental Housing Act
10) Work with UC Regents to help support more opportunities for student housing 11) Support legislative efforts that clarify recent ADU related legislation and count ADUs towards RHNA goals
12) Support efforts that also encourage other forms of housing such as co -ops, land trusts, social housing, public housing, and other efforts
13) Seek amendments to ADU legislation to establish additional conditions/protections on ADU construction in high fire hazard zones
14) Strongly support efforts to restore any proposed reductions in funding to affordable housing programs including the Multifamily Housing Program, Transit Oriented Development Program, Infill and Infrastructure Grant Program, and others

Funding Priorities:
1) Support for soft-story seismic retrofits
2) Funding for housing programs that advance racial equity 3) Funding for innovative programs to prevent displacement and address hazardous housing conditions
4) Enhance funding of state programs for operating costs that support permanent affordable housing for individuals with area median income up to 120 percent (which includes extremely low-income up to moderate incomes, i.e., workforce housing)
5) Enhance funding opportunities for existing state programs to help support bicycle and pedestrian infrastructure in connection to housing
6) Develop a state funding program that can support small sites acquisition and rehab ( like San Francisco)
7) Expand funding for affordable housing on transit agency sites 8) Support funding for remediation of hazardous sites (to make viable for housing) 9) Support efforts to create more student housing funding opportunities

Proposed 2024 Legislative Platform Page 4 of 9 Economic Development
Policy Priorities:
1) Support and funding for arts and cultural spaces, arts education, and outdoor commerce 2) Measures providing for new tax increment financing opportunities (i.e., business district establishment or Enhanced Infrastructure Financing Districts) to support commercial districts as well as infrastructure and affordable housing
3) Efforts to encourage the development of sectors (and real estate sites) that align with quality job opportunities in local manufacturing, light industrial, bioscience, research and development, and other priority industry sectors. This includes environmental remediation of large industrial sites for redevelopment into research and development and/or life sciences use 4) Cannabis Tax reform which includes lowering taxes and tax simplification 5) Support efforts to address the digital divide
6) Support legislation relating to Online Sales Tax Distribution Formula reform 7) HARD HATS + funding for apprentice programs
8) Support legislative and other efforts for programs that create pathways out of poverty , including guaranteed income programs
9) Support legislative efforts to create and expand public banking

Funding Priorities:
1) Support for small business recovery, tourism/visitor recovery and other business sectors deeply impacted by the COVID-19 pandemic
2) Support funding for environmental rem ediation at the Pacific Steel site and other toxic sites throughout the City
3) Support funding for the seismic retrofit and renovation public landmark buildings (Civic Center, Veterans Building and Civic Center Plaza revitalization) 4) Loan access for minority- and women-owned businesses who experience difficulties in accessing loans from private banks

Proposed 2024 Legislative Platform Page 5 of 9 Infrastructure
Policy Priorities:
1) Support developing climate smart, resilient infrastructure to address growing climate threats and address deferred maintenance
2) Funding for programmatic implementation of hardware and software to ensure security 3) Funding for programmatic initiatives to advance use of technology in partnership with delivering cutting edge and strategic programs
4) Funding for upgrading and updating outdated technological infrastructure 5) Measures affecting funding for roads, transit, “last mile” projects and goods movement as well as alternative modes of transportation (bikes, ebikes, escooters, etc.), and support the nee ds of the disabled community
6) Support efforts to help commuters and increase public transportation and last mile expansion 7) Measures that tax ride sharing networks and help reduce vehicle congestion 8) Measures that support data sharing of TNCs with local government 9) Support regional transportation projects that would provide a benefit to the City and surrounding communities
10) Support for public infrastructure projects including the Ashby/North Berkeley BART Development, Berkeley Pier/Ferry Terminal Project, Maudelle Shirek (Old City Hall), Veterans Building, Civic Center Park, Santa Fe Right of Way, and San Pablo Park and Pool 11) Increasing resiliency of public infrastructure from threats of climate change 12) Support for public infrastructure that supports ADA acce ss to all City facilities including buildings, Right of Way, and Parks
13) Support equity in infrastructure by improving City facilities and amenities in South and West Berkeley
14) Expand EIFD resources to include services for underserved communities

Funding Priorities:
1) Increased funding for bicycle and pedestrian safety improvements 2) Increased funding for utility undergrounding
3) Increased funding to address the wildland urban interface and fire safety 4) Funding to electrify and add e-charging in public facilities and for the public fleet and to provide public e-charging stations
5) Funding for the Safe Routes to School program
6) Funding for improving, restoring, and enhancing public infrastructure including landmark sites (e.g., Maudelle Shirek)
7) Funding for lifting equity through an African American Holistic Resource Center 8) Funding to enhance and build recreation facilities to address neighborhood youth engagement and enrichment. (i.e., San Pablo Park and Pool)
9) Funding for cyber security and necessary, related technological improvements 10) Funding for riding transit especially when linked to housing

Proposed 2024 Legislative Platform Page 6 of 9 Public Safety
Policy Priorities:
1) Support automated speed enforcement legislation and to seek alternatives to sworn traffic/parking enforcement
2) Support efforts to have non-sworn staff to investigate and report taking 3) Support disaster preparedness, training, response, and resilience efforts 4) Criminal justice reform
5) Support additional efforts to help prevent violence such as mental health services, supporting street outreach teams, focusing on other individuals before they are at risk 6) Support efforts that reimagine public safety and incorporate community-based organizations to help address problems
7) Support efforts to increase peace officer accountability and provide a means of decertifying police officers who engage in serious misconduct
8) Support legislative efforts that seek to legalize safe crossings for pedestrian’s aka ‘jaywalking’, allows cyclists to treat stop signs as yield signs, red lights as stop signs and yield at traffic light intersections if they're making a right-hand turn, and other related efforts 9) Support legislative modifications to the CalVIP program to help cities such as Berkeley 10) Support legislation and funding to improve fire safety, including undergrounding utilities

Funding Priorities:
1) Support funding opportunities for alternative traffic enforcement efforts 2) Support funding opportunities for violence prevention services 3) Support funding opportunities for dispatch and service redesign or expansion 4) Support wildland fire mitigation grants to support home hardening, vegetation management and suppression and response such as low or no-interest loan/grant programs to assist homeowners in clearing hazardous vegetation and hardening homes in high fire hazard zones 5) Support funding opportunities for community paramedicine and alternative destination protocols 6) Support funding/resources for analysis, development and implementation of road network for wildfire evacuation programs
7) Support funding for park access and ADA amenities
8) Support funding for law enforcement engagement and community-centered collaborative approaches in support of reimagining public safety efforts (Specialized Care Unit)

Proposed 2024 Legislative Platform Page 7 of 9 Sustainability and the Environment
Policy Priorities:
1) Support legislative efforts to incentivize Low-Carbon Construction: ability to and tools for incentivizing lower-carbon construction with fees from higher-carbon construction projects. 2) Support legislative efforts relating to electric bicycles: legislation to subsidize electric bicycle purchase, in coordination with electric vehicle subsidies. 3) Support legislation efforts to expand transportation alternatives by water (ferry) 4) Support legislative efforts to expand funding for electric vehicle charging in the public right of way 5) Measures that provide new tools and potential revenue opportunities to address illegal dumping 6) Measures that support regional planning for a climate change strategy, including sea level rise 7) Support efforts that enhance data sharing for utility companies 8) Support efforts for gray water capture
9) Remediation of open space to expand public green/open space 10) Support efforts to improve research on making desalination more cost effective and environmentally friendly
Funding Priorities:
1) Support technological advancements that reduce our draw on paper and nonrenewable resources 2) Support development of software infrastructure to support current and emerging initiatives in the most sustainable way possible
3) Funding for enhancing capacity in Information Department to support ongoing movement towards sustainable systems that require forward thinking processes and modern technological systems 4) Support funding to address sea level rise along waterfront and Aquatic Park (inclusive of state lands)
5) Support funding for electrification and seismic retrofitting of care and shelter facilities 6) Support funding for low-income solar and battery installation 7) Support for reaching Climate Action Plan, Clean Water, and Resilience Plan goals 8) Support funding for Zero Waste efforts
9) Support funding for more EV charging stations at apartments and elsewhere

Proposed 2024 Legislative Platform Page 8 of 9 Health
Policy Priorities:
1) Support legislative efforts to enhance greater access to hospitals and health care. 2) Support legislative efforts that will require counties to partner with cities relating to unspent Prop 63 mental health funds
3) Support legislative and other efforts to keep Alta Bates Hospital open and operating as an emergency and acute care hospital
4) Support legislative efforts that support and increase psychiatric care facilities and acute care facilities
5) Support legislative efforts to protect the rights of women and reproductive health 6) Support legislative efforts that increase services such as mental health, substance abuse, treatment beds and other services for people living in encampments and in unsheltered settings 7) Support legislative efforts that existing mental health and substance programming prioritize people who are referred by the homeless system
8) Support legislative efforts that soften data sharing constraints at the Federal level: HIPAA contains broad information -sharing allowances among “treatment providers” for the purposes of “care coordination”—issue guidance defining homeless encampment or h omeless-serving teams as “treatment providers” and making it clear that information can be shared on a need-to-know basis 9) Support legislative efforts related to oversight of guardians, receivership, conservatorship and other forms of care
Funding Priorities:
1) Support funding and regulatory changes to advance for emergency readiness, particularly in relation to public health
2) Support funding efforts relating to mental health treatment, substance abuse treatment, and other relates services
3) Focus on funding health services for underserved communities

Miscellaneous
Policy Priorities:
1) Support legislative efforts to make changes to the Brown Act to help encourage greater public participation and further encourage online meetings and make changes to posting requirements and public access in private residences
2) Support legislative efforts to address the way ballot measures are formulated, worded, and advertised
3) Support funding for emergency readiness, particularly in relation to public health

One Time State and Federal Funding Priorities for “Member Request” Consideration As we have seen at both the Federal and State level, new initiatives and various funding opportunities have taken form over the last year. This also includes both legislative provisions that direct approved funds to be spent on specific projects, sometimes referred to as “Member Requests” or “Congressionally Directed Spending”.

As it relates to state and federal “Member Requests” / “ Congressionally Directed Spending”, our recommended strategy is for the adopted Legislative Platform to include a handful of funding buckets that capture various project themes. This provides the City with the highest amount of flexibility as it is important to not only reflect the priorities of the state and federal lawmakers who sponsor these requests, but also to ensure that the City’s projects fit the eligibility requirements of the various state and federal funding sources.

Proposed 2024 Legislative Platform Page 9 of 9 These buckets include:

• Affordable Housing/Homelessness which could include funding to reduce unsheltered homelessness including outreach and mental health services, non -congregate shelter, housing subsidies and gap funding for affordable housing projects including new construction a nd acquisition and rehabilitation of housing.

• Infrastructure Improvements which could include funding for enhancements to public infrastructure including landmark sites, active transportation enhancements which includes bicycle and pedestrian upgrades at various city locations such as the Telegraph Shared Street project.

• Climate Resiliency which could include funding for urban forestry interface, wildfire prevention, cooling centers, HVAC upgrades, and other related items.

Process for Reporting/Next Steps
In addition to weekly legislative updates and other communications we send to the City Team, TPA suggests verbal reports to the City Council when the State Legislature is on recess. For example, we would report out in April while they are on Spring Recess, during July while they are on Summer Recess, and in November or December when Session has concluded.

Due to the ever-changing nature of legislation in Sacramento and Washington, TPA will provide monthly updates which can be shared with the City Council.

Office of the City Manager

CONSENT CALENDAR
February 13, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Mark Numainville, City Clerk
Subject: Amendments to the Regulations for Alternate Commissioners

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

FISCAL IMPACTS O

F RECOMMENDATION
None.

CURRENT SITUATION AND ITS EFFECTS
In 2015, Council amended Berkeley Municipal Code Chapter 3.02 to allo w each Councilmember and the Mayor to appoint a pool of five Alternate Commissioners to serve on designated commissions when their regular appointee is on an approved leave of absence. Section 3.02.035 provides that the designated commissions on which alternate commissioners
may serve is determined by Council resolution. The purpose of Alternate Commissioners is to facilitate the filling of commission seats by reducing the amount of forms and pap
erwork required for these temporary appointments.

Per Resolution No. 67,205–N.S., the designated commissions on which Alternate Commissioners may serve are the Housing Advisory Commission, Landmarks Preservation Commission, Planning Commission, Police Review Commission, Sugar- Sweetened Beverage Product Panel of Experts, and the Zoning Adjustments Board. With the sunset of the Police Review Commission, it is necessary to remove that commission from the list.
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

Amendments to the Regulations for Alternate Commissioners CONSENT CALENDAR February 13, 2024
2 Staff conducted a review of the Alternate Commissioner program to determine if any other commissions should be added or removed from the list. A review of the number of approved leaves of absence for the year 2022 and year 2023 indicates an increase in leave of absence requests. The following five commissions were at or near the top of the list for the number of approved leaves of absence.

Community Health Commission
Environment and Climate Commission
Parks, Recreation, and Waterfront Commission
Transportation and Infrastructure Commission
Zero Waste Commission
Adding the five commissions listed above to the list of commissions for alternate commissioners will further increase efficiencies for Councilmembers, commissioners, and the City Clerk Department in the filling of commission seats when there are absences.

Furthermore, for the quasi-judicial commissions on the list, there was a need to allow for more time for staff to review potential conflicts of interest for alternate commissioners. For these commissions, it is important to review any potential conflicts that can affect due process requirements in their proceedings. Conflicts are fact specific and require careful consideration before making a determination. To ensure proper review of any potential conflicts of interest, the amended resolution requires the temporary appointment of an Alternate Commissioner to be made at least two business days prior to the meeting for quasi-judicial commissions.

BACKGROUND
All regulations and requirements of the BMC that apply to a Commissioner as defined in

3.02.010.A also apply to Alternate Commissioners except BMC Section 3.02.040 (term maximum).

For any commission with specific requirements for membership, the Alternate Commissioner must meet the same special category requirements in order to serve.

Alternate Commissioners are subject to the December 1 term minimum.

Alternate Commissioners must complete the Oath of Office and file a Form 700 at the time of their appointment as an Alternate Commissioner and not for each temporary appointment to one of the designated Commissions. The appointment of an Alternate Commissioner to serve as a temporary appointee must be filed by the appointing Councilmember or Mayor with the City Clerk prior to the meeting at which the Alternate Commissioner is to serve. For meetings held after business hours, the temporary appointment must be received by the City Clerk before 5:00 p.m. on the day of the commission meeting in order to be effective for that meeting.

Amendments to the Regulations for Alternate Commissioners CONSENT CALENDAR February 13, 2024
3 ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects, climate impacts, or sustainability opportunities associated with the subject of this report.

RATIONALE FOR RECOMMENDATION
The Police Review Commission was dissolved with the establishment of the Police Accountability Board. This amendment removes the dissolved commission. The increase in leave of absence requests from commissioners over the past two years indicates a need to help facilitate filling of commission seats when there are absences, and this amendment expands the list of designated commissions on which Alternate Commissioners may serve.

ALTERNATIVE ACTIONS CONSIDERED
None.

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

Resolution No. XX,XXX-N.S. Page 1 of 2
RESOLUTION NO. XX,XXX–N.S.

SPECIFYING THE COMMISSIONS TO WHICH AN ALTERNATE COMMISSIONER

MAY BE APPOINTED AND SPECIFYING THE APPLICABILITY OF CERTAIN

REGULATIONS REGARDING ALTERNATE COMMISSIONERS
WHEREAS, the Berkeley Municipal Code provides for the use of Alternate Commissioners to serve as a temporary appointee on specified commissions; and WHEREAS, Berkeley Municipal Code Section 3.02.010.B. states that the commissions to which Alternate Commissioners may be appointed shall be set by resolution; and WHEREAS, it is necessary to establish the applicability of certain City policies with regards to Alternate Commissioners.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that Alternate Commissioners may be appointed to the following Commissions: Zoning Adjustments Board, Planning Commission, Housing Advisory Commission, Landmarks Preservation Commission, , Sugar-Sweetened Beverage Panel of Experts, Community Health Commission, Environment and Climate Commission, Parks, Recreation and Waterfront, Zero Waste Commission, and Transportation and Infrastructure Commission BE IT FURTHER RESOLVED that Alternate Commissioners must adhere to all regulations contained in the Commissioners’ Manual as adopted by resolution, except as provided herein and in the Municipal Code.

BE IT FURTHER RESOLVED that Alternate Commissioners may participate as members of the public at any commission meeting provided that they are not currently serving as an Alternate Commissioner or appointed to serve as a Commissioner on another commission, in which case the regulations contained in the Commissioners’ Manual would apply.

BE IT FURTHER RESOLVED that Alternate Commissioners may serve on more than one quasi-judicial commission, provided that they adhere to all Conflict of Interest, Due Process, and all other applicable laws, rules, and regulations. Alternate Commissioners are prohibited from voting on the same project as members of both the Zoning Adjustments Board and the Landmarks Preservation Commission.

BE IT FURTHER RESOLVED that Alternate Commissioners shall be required to take the Oath of Office only at the time of their appointment as an Alternate Commissioner and not for each temporary appointment to one of the Commissions listed in this resolution.

BE IT FURTHER RESOLVED that an individual may be designated as an Alternate Commissioner by the Mayor and any number of Councilmembers concurrently, but may not serve on a single commission for more than one appointing elected official concurrently.

Attachment 1

Resolution No. XX,XXX-N.S. Page 2 of 2
BE IT FURTHER RESOLVED that the dismissal of an Alternate Commissioner is deemed effective the date it is received by the City Clerk unless a later date is specified.

BE IT FURTHER RESOLVED that the appointment of an Alternate Commissioner to serve as a temporary appointee must be filed by the appointing Councilmember or Mayor with the City Clerk prior to the meeting at which the Alternate Commissioner is to serve.

For meetings held after business hours, the temporary appointment must be received by the City Clerk before 5pm on the day of the commission meeting in order to be effective for that meeting.

BE IT FURTHER RESOLVED that for quasi-judicial commissions, a temporary appointment of an Alternate Commissioner must be made at least two business days prior to the meeting to ensure adequate opportunity for proper review of any potential conflicts of interest.

BE IT FURTHER RESOLVED that Resolution No. 67,205-N.S. is hereby rescinded.

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

CONSENT CALENDAR
February 13, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Mark Numainville, City Clerk
Subject: Modifying the 2024 City Council Meeting Schedule

RECOMMENDATION
Adopt a Resolution modifying the City Council regular meeting schedule for 2024, revising the start time for regular meetings, and rescheduling the April 16, 2024 regular meeting to April 2, 2024.

FISCAL IMPACTS OF RECOMMENDATION
None.

CURRENT SITUATION AND ITS EFFECTS
With the resignation of Councilmember Robinson on January 12, 2024, a vacancy was created in the office of City Councilmember for District 7. The District 7 seat is on the regular rotation to be filled at the 2026 municipal election. According to the City Charter (Article V, Section 12) if there is more than one year remaining on the term of the vacant seat, the City Council must call a special election to fill the vacancy.

In response to Councilmember Robinson’s resignation, and subsequent need to hold a Special Election, the City Council on January 22, 2024 adopted Resolution No. 71,173- N.S. calling for a Special Municipal Election to be held in Berkeley on April 16, 2024 to fill the City Council District 7 vacancy, and satisfying the requirements in the Charter.

Currently, there is a City Council meeting scheduled for April 16. Given that the election is called for that date, this item is being submitted to allow Council to reschedule the April 16 meeting as the Council does not meet on the day of a City election. Both April 9 and April 23 are unavailable due to religious holidays (Eid-al-Fitr and Passover). As such, rescheduling to April 2 is proposed, and will result in the spring recess starting on April 3.

The Mayor or a majority of the Council may call special meetings as needed. The Council may also amend the regular meeting schedule when necessary. This resolution will also change the start time for regular meetings from 6:00 p.m. to 10:00 a.m.

Modifying the 2024 City Council Meeting Schedule CONSENT CALENDAR February 13, 2024

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

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

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

ADOPTING THE CITY COUNCIL 2024 REGULAR MEETING SCHEDULE WHEREAS, pursuant to the Open Government Ordinance, the Council must adopt an annual meeting schedule with at least 24 regular meetings; and WHEREAS, the proposed schedule provides for regular meetings to occur with starting times of 10:00 a.m. (beginning with the February 27, 2024 regular meeting); and WHEREAS, the proposed schedule provides for regular meetings to occur on specified Tuesdays of each month with exceptions provided for recess periods or when a meeting would fall on a City, religious or cultural holiday or Election Day; and WHEREAS, the Council desires to establish as part of their schedule a Winter, Spring and Summer recess period for 2024; and
WHEREAS, the Mayor or a majority of the Council may call special meetings or revise the regular meeting schedule when necessary.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council adopts the modified 2024 regular meeting schedule on specified Tuesdays of each month with exceptions provided for when a meeting would fall on a City, religious or cultural holiday or Election Day, at 10:00 a.m. as indicated:

Winter Recess – December 13, 2023 – January 15, 2024
January 16 and January 30, 2024
February 13 and February 27, 2024
March 12 and March 19, 2024
April 2, 2024
Spring Recess – April 3 – May 6, 2024
May 7, May 14, and May 21, 2024
June 4 and June 25, 2024
July 9, July 23 and July 30, 2024
Summer Recess – July 31 – September 9, 2024
September 10, September 24, 2024
October 1, October 15, and October 29, 2024
November 12, and November 19, 2024
December 3 and December 10, 2024
Winter Recess – December 11, 2024 – January 14, 2025

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

CONSENT CALENDAR
February 13, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Eleanor Hollander, Economic Development Manager Subject: Grant Application: National Endowment for the Arts Grant for up to $150,000

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

FISCAL IMPACTS OF RECOMMENDATION
The NEA requires a one-to-one match for this grant request of up to $150,000 if awarded, which would be funded by the General Fund (Fund 011) in Fiscal Year 2026.

Therefore, if awarded the full amount requested from the NEA, the City would receive $150,000 in federal funds to combine with the required City match of $150,000 to support a Civic Arts grant program totaling $300,000 to be expended in FY26; and appropriated in FY25. These federal grant funds would enable the City of Berkeley to leverage local funds to provide increased support for arts and cultural activities to benefit Berkeley residents.

CURRENT SITUATION AND ITS EFFECTS
In November 2023, the City of Berkeley was awarded a $30,000 grant from the NEA to launch a new Civic Arts grant program (the Arts Program Grants) totaling $60,000 for Fiscal Year 2025, designed to support the following types of arts and cultural programming in the City of Berkeley:
 Nonprofit (not-art specific) organizations located in the City of Berkeley wishing to produce arts/cultural programming in the City of Berkeley led by a partnering arts organization or teaching artist; or
 Arts nonprofit organizations located in the Greater Bay Area (outside of Berkeley) wishing to produce arts/cultural programming taking place in the City of Berkeley.

Grant Application: National Endowment for the Arts CONSENT CALENDAR February 13, 2024

The Arts Program Grants category aims to (1) foster cross-sector collaborations and opportunities for non-arts organizations to hire arts and cultural workers or partner with Berkeley-based arts organizations for programming, and (2) offer the Berkeley community the opportunity to engage in Greater Bay Area programming offered by non- Berkeley arts organizations taking place in Berkeley. Awards will be up to $5,000 each for eligible program-related expenses. The review criteria for this new grant category are: Program Narrative and Timeline (25%), Artistic Merit and Artistic Excellence (25%), Community Engagement and Impact (25%), and Cultural Equity (25%).

The NEA grant application for $150,000 aims to continue the new Civic Arts Grants funding category – the Arts Program Grants – for a second year, and to increase the amount of federal funding leveraged to bolster arts investment in Berkeley. If funded by the NEA, this second year of the Arts Program Grants would be administered in conjunction with the FY26 Civic Arts Grants process.

BACKGROUND
Currently, the Civic Arts program administers an annual grants budget of approximately $700,000 from the City's General Fund (011) to provide grants in three distinct categories: 1) Individual Artist Projects; 2) Community Festivals, and 3) General Operating Support. In Fiscal Year 2024, the City allocated additional funding to establish a fourth category – Capital Project Grants – with $300,000 from the General Fund, which is currently being administered.

In order to better support a wide range of arts and cultural activities in Berkeley and to increase equitable access to artistic expression and creativity, Civic Arts staff analyzed data from previous Civic Arts grant cycles and identified a gap in the current grant opportunities. Based upon this analysis, Staff sought funding from the NEA to pilot an Arts Program Grants category aimed at addressing the two types of arts programming that have historically not been eligible for Civic Arts Grants funding:

1. Berkeley-based non-arts nonprofit organizations seeking funding for their current arts programing, or wishing to start arts programing.

2. Arts organizations in the Greater Bay Area wishing to do programming in Berkeley, especially those organizations in neighboring communities who already have strong partnerships with Berkeley-based arts facilities.

Approval for the first NEA grant application in accordance with the city’s administrative regulation (AR 1.17) was granted February 7, 2023. The City was notified of the award from the NEA on November 9, 2023 and is administering the new category in conjunction with FY25 Civic Arts Grants process. A decision of this current application for $150,000 (to be submitted in late February 2024) is anticipated by November of 2024.

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

Grant Application: National Endowment for the Arts CONSENT CALENDAR February 13, 2024

RATIONALE FOR RECOMMENDATION
Accepting federal funding from the National Endowment for the Arts would help the City accomplish one of the five high-level goals articulated in The City of Berkeley’s Arts and Culture Plan (2018-2027): “Increase Investment in a Vibrant Arts Community, Strengthen and support Berkeley’s inclusive and culturally rich arts sector by expanding funding and marketing opportunities for a broader array of arts organizations.” Additionally, applying for these funds aligns with the City of Berkeley’s fiscal policy to leverage City funds to secure matching State and Federal resources for the City of Berkeley.

ALTERNATIVE ACTIONS CONSIDERED
No alternatives were considered.

CONTACT PERSON
Hilary Amnah, Civic Arts, Office of Economic Development, 510-981-7539 Attachment:
1: Resolution

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

GRANT APPLICATION: REQUESTING $150,000 FROM THE NATIONAL

ENDOWMENT FOR THE ARTS (NEA) TO SUPPORT ACCESS TO ARTS AND

CULTURAL PROGRAMMING IN THE CITY OF BERKELEY BY CONTINUING THE

CIVIC ARTS GRANTS PROGRAM FUNDING CATEGORY KNOWN AS THE ARTS PROGRAM GRANTS.

WHEREAS, the Arts and Culture Plan for the City of Berkeley (2017-18) includes the goal of increasing investment in a vibrant arts community by expanding funding and marketing opportunities for a broader array of arts organizations; and WHEREAS, the Civic Arts Program has identified a gap in its current grant program offerings through data analysis, and community feedback on program-based funding; and WHEREAS, an Arts Program Grant category supports the City’s ability to create increased access to arts and cultural programming taking place in Berkeley; and WHEREAS, federal funding from the National Endowment for the Arts is available to local arts agencies for sub-granting purposes; and
WHEREAS, the City is implementing a pilot of the Arts Program Grant in Fiscal Year 2025 with $30,000 in matching funds from the NEA for a total grant program amount of $60,000; and
WHEREAS, to continue a second year of the Arts Program Grant category in Fiscal Year 2026 with an increased total grant program amount of $300,000 to be supported with $150,000 in matching funds from the NEA; and
WHEREAS, the City has identified the required match of $150,000 in the General Fund (Fund 011) for Fiscal Year 2026 to be appropriated in FY25; and NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is authorized to submit a grant application to the National Endowment for the Arts to receive up to $150,000 for the above purpose; accept the grant if awarded; and execute any resultant agreements and amendments.

Office of 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
February 13, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Eleanor Hollander, Economic Development Manager Subject: Contract: Masako Miki Public Artwork Commission for Aquatic Park Pathway Wall

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

FISCAL IMPACTS OF RECOMMENDATION
The $69,000 contract will be funded through the Cultural Trust Fund (Fund Code 148- 21-208-252-0000-000-446-612990) in Fiscal Year 2024.

CURRENT SITUATION AND ITS EFFECTS
Artist Masako Miki was selected through a competitive process to create a permanent artwork for the curved cement wall situated along the San Francisco Bay Trail on the north side of the Aquatic Park lagoon. The goal of the project is to enhance a visitor’s experience of the park by beautifying its context, reflecting the multi-layered history of the site, and highlighting the ecological importance of the park.

Masako Miki’s proposal Contemplating the Universe was inspired by Berkeley’s tidal lagoon habitat, the history of the land and the local Ohlone people, as well as Japanese animistic folklore. The proposal’s imagery features a parade of shapeshifting characters, including shorebirds, fish, acorns, a coyote, eagle, fox, and hummingbird, and meaningful objects including lanterns and bowls. Contemplating the Universe reflects the history and ecological importance of the land while celebrating the local diversities of cultures to offer a new context for meaningful connections in our community (Figure 1).

Contract: Masako Miki Public Artwork for Aquatic Park Pathway Wall CONSENT CALENDAR February 13, 2024
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 Figure 1: Artwork proposal by Masako Miki, Contemplating the Universe, tile mural for Aquatic Park (2023).

BACKGROUND
On July 27, 2022, the Civic Arts Commission approved the Aquatic Park Public Art Project Plan, which called for the commissioning of a tile mural artwork for the 42’-long curved wall located along the San Francisco Bay Trail in Aquatic Park, as follows:

M/S/C (Passmore/Anno) to approve the Aquatic Park Public Art Project Plan.

Vote: Ayes — Anno, Blecher, Covarrubias, Dhesi, Ozol, Passmore, Woo; Nays — None; Abstain — None; Absent — Bullwinkel.

A Request for Qualifications for this artwork commission was released on October 11, 2022 and was open through November 15, 2022. A selection panel, comprised of two arts professionals, a community representative, and one representative each from the Civic Arts Commission and the Parks, Recreation, and Waterfront Commission, reviewed the qualifications of the 53 applicants and recommended three finalists to develop detailed conceptual site-specific proposals. Once the proposals were received, staff conducted extensive community outreach to elicit the public’s responses to the three detailed proposals. A “Berkeley Considers” survey that invited respondents to provide feedback on each of the proposals was hosted on the City’s website from July 21 to August 4, 2023 and was widely distributed through a citywide community message (July 2023). In addition to the “Berkeley Considers” survey, staff also provided organizations that have a unique connection to Aquatic Park the opportunity to provide additional written input.

Contract: Masako Miki Public Artwork for Aquatic Park Pathway Wall CONSENT CALENDAR February 13, 2024
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 In August and September of 2023, the selection panel was reconvened to consider the finalists’ proposals in an interview format and Masako Miki’s proposal was selected and submitted to Civic Art Commission for final approval. At the September 27, 2023 Civic Arts Commission meeting, the commission unanimously approved the panel’s recommendations with the following vote: M/S/C (Ibarra/Covarrubias) Motion: to approve the Aquatic Park Public Art Selection Panel's Recommendation to implement the Aquatic Park Public Art Proposal by Masako Miki for the wall project. Vote: Ayes — Anno, Blecher, Covarrubias, Dhesi, Ibarra, Ozol, Passmore, Woo; Nays — None; Abstain — None; Absent — Bullwinkel.

The contract with the artist will be for design development and fabrication of the mural’s ceramic tiles. The final design must be approved by the Civic Arts Commission before fabrication commences. Installation of the artwork will be handled through a separate contract with a California-licensed contractor.

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

RATIONALE FOR RECOMMENDATION
The proposal by Masako Miki was selected based upon the following criteria: aesthetic quality; appropriateness of the proposed artwork for the site and project goals; demonstrated feasibility of the preliminary proposal and the proposal budget; and demonstrated maintainability and durability of the artworks design, materials, fabrication and proposed installation methods.

ALTERNATIVE ACTIONS CONSIDERED
The selection panel considered two other artistic proposals for the wall, but ultimately selected Masako Miki’s proposal Contemplating the Universe for advancement.

CONTACT PERSON
Mark Salinas, Civic Arts, Office of Economic Development, (510) 981-7538 Attachments:
1: Resolution

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager RESOLUTION NO. ##,###-N.S.

CONTRACT WITH MASAKO MIKI TO CREATE A PUBLIC ARTWORK ON THE

AQUATIC PARK PATHWAY WALL
WHEREAS, the City of Berkeley’s Arts and Culture Plan calls for the enhancement of Berkeley’s environment by placing temporary and permanent public art in public spaces throughout the city; and
WHEREAS, the Civic Arts Commission approved the Aquatic Park Public Art Project Plan on July 27, 2022, which called for the commissioning of a tile mural artwork for the 42’-long curved wall located along the San Francisco Bay Trail in Aquatic Park; and WHEREAS, funding for the tile mural at Aquatic Park was set aside in the Cultural Trust Fund (Fund 148) for Fiscal Year 2024; and
WHERES, a Request for Qualifications from professional practicing artists was released on October 11, 2022 and 53 applicants were reviewed by a selection panel comprised of two arts professionals, a community representative and one representative each from the Civic Arts Commission and the Parks, Recreation, and Waterfront Commission; and WHEREAS, three finalists were selected by the panel and invited to develop site- specific public art project proposals; and
WHEREAS, the selection panel reconvened to evaluate the three proposals and selected the proposal by Masako Miki for recommendation to the Civic Arts Commission; and
WHEREAS, the Civic Arts Commission approved Masako Miki for a public art commission of a ceramic tile mural for the Aquatic Park pathway wall at its regularly scheduled commission meeting on September 27, 2023.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a contract and any amendments thereto with Masako Miki for a public art commission of a ceramic tile mural on the Aquatic Park pathway wall for an amount not to exceed $69,000. A record signature copy of said contract and any amendments are to be on file in the Office of the City Clerk.

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

CONSENT CALENDAR
February 13, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Henry Oyekanmi, Director, Finance
Subject: Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on February 13, 2024

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

FISCAL IMPACTS OF RECOMMENDATION
Total estimated cost of items included in this report is $90,000

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

PROJECT Fund Source Amount
Printing and Mail Services
for RevCo billing
011
601
General Fund
Prof Svcs – Misc. $90,000
Total: $90,000

Formal Bid Solicitations and Request for Proposals CONSENT CALENDAR Scheduled for Possible Issuance After Council February 13, 2024 Approval on February 13, 2024

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

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

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

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Darryl Sweet, General Services Manager, Finance, 510-981-7329 Attachments:
1: Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on February 13, 2024
a. Printing and Mail Services for RevCo billing
Note: Original of this attachment with live signature of authorizing personnel is on file in General Services.

NEXT 30 DAYS
DATE SUBMITTED: FEBRUARY 13, 2024
Attachment 1

SPECIFICATION
NO.

DESCRIPTION OF

GOODS /

SERVICES BEING

PURCHASED
APPROX.

RELEASE
DATE
APPROX. BID

OPENING DATE

INTENDED USE ESTIMATED COST BUDGET CODE TO BE

CHARGED
DEPT. / DIVISION CONTACT NAME
& PHONE
24-11657-C Printing and Mail
Services for RevCo
billing

2.14.2024 3.14.2024 Printing and mailing from billing
software to bill:
refuse accounts (quarterly billing,
staggered over three months of
each quarter)
business license renewal mailing
(annual)
additional business license
courtesy mailing (annual)
business license delinquent
mailing (annual)
Residential Housing Safety
Program (annual with two
delinquent notices)
Marina (monthly)
Environmental Health permits
(monthly)
$90,000.00 011-33-324-341-0000-
000-412-612990-
601-33-324-341-0000-
000-472-612990-
Finance / RevCo Emily Teruya
981-7261
DEPT. TOTAL $ 90,000.00
TOTAL $ 90,000.00
1 of  2

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

CONSENT CALENDAR
February 13, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Lisa Warhuus, Director, Health, Housing & Community Services Subject: Contract: Traditions Behavioral Health for Psychiatry Services

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

FISCAL IMPACTS OF RECOMMENDATION
Funds for the scope of work in the amount of $1,379,400 will be provided from the Medi- Cal Systemwide Fund #316.

CURRENT SITUATION AND ITS EFFECTS
Contracting with a psychiatry services provider will allow the Department of Health, Housing, and Community Services’ Mental Health Division (HHCS/MH) to provide uninterrupted services, and in particular, medication. The City has experienced great difficulty in filling vacant positions for qualified staff who can prescribe psychiatric medications. Due to a variety of factors, including the Medi-Cal expansion through the Affordable Care Act, an existing shortage of psychiatrists in the region has been greatly exacerbated. HHCS/MH would greatly prefer to have career staff working in the clinic, and at this time there are multiple vacancies for psychiatrists in the Mental Health Division.

BACKGROUND
HHCS/MH has contracted for psychiatry services in the past. Traditions Behavioral Health is also a vendor under contract with Napa County. HHCS/MH was able to draw on the competitive procurement process that Napa County did in order to develop this proposal, expediting the process.

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

Contract: Traditions Behavioral Health for Psychiatry Services CONSENT CALENDAR February 13, 2024

RATIONALE FOR RECOMMENDATION
Traditions Behavioral Health offers locums tenens that provide psychiatry services to Med-Cal, uninsured, disenfranchised, and under-served populations. These services are necessary for the provision of mental health treatment provided by the City, and cannot currently be provided at a sufficient level by career staff due to ongoing vacancies in the Psychiatrist classification. These services will ensure the continued availability of medication prescription and monitoring. These services will only be utilized during staff shortages and are not a replacement of permanent staffing.

ALTERNATIVE ACTIONS CONSIDERED
Instead of drawing on Napa County’s RFP for contracted services, the City could issue its own RFP to identify a vendor. Staff are not recommending this because of the urgent need to provide services. Staff did not identify another action which is consistent with the HHCS/MH’s need to ensure continued availability of medication prescription and monitoring services.

CONTACT PERSON
Jeffrey Buell, Manager of Mental Health Services, (510) 981-7682 Conor Murphy, Associate Management Analyst, HHCS, (510) 981-7611 Attachments:
1: Resolution

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

CONTRACT WITH TRADITIONS BEHAVIORAL HEALTH FOR PSYCHIATRY

SERVICES
WHEREAS, Traditions Behavioral Health has become an essential provider to multiple California municipalities for psychiatry services for mental health clients; and WHEREAS, Traditions Behavioral Health offers psychiatry services, provided by licensed psychiatrists, to Medi-Cal, uninsured, disenfranchised, and under-served populations; and
WHEREAS, Traditions Behavioral Health’s services support mental health goals of improving the health and well-being of the community during periods of staff shortages; and
WHEREAS, on September 21, 2022, Traditions Behavioral Health submitted a proposal in response to a Request for Proposals from Napa County, outlining psychiatry services they could provide in a cost efficient manner; and
WHEREAS, funds are available in the current budget year in ERMA GL Code 316-51- 503-520-0000-000-451-612410-.

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 and any amendments with Traditions Behavioral Health for psychiatry services through June 30, 2027 in an amount not to exceed $1,379,400. A record signature copy of said contract and any amendments to be on file with the Office of the City Clerk.

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

CONSENT CALENDAR
February 13, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Kevin Fong, Director, Information Technology Subject: Contract: CompuCom Systems, Inc. for Professional Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a contract with CompuCom Systems, Inc. for professional services for an amount not to exceed $300,000 through December 31, 2024.

FISCAL IMPACTS OF RECOMMENDATION
One-time funding for these resources is available in the Department of Information Technology’s Fiscal Year 2024 Cost Allocation Fund allocation. Spending for this contract in future fiscal years will be subject to Council approval of the proposed citywide budget and annual appropriation ordinances.
$300,000 FY 2024: Professional Services
(IT Cost Allocation, IT Department, Professional Services) $300,000 Total FY 2024 Professional Services

CURRENT SITUATION AND ITS EFFECTS
The Service Desk is the centralized support center that provides help and assistance to COB employees for IT-related products and services. The impact of the pandemic, running understaffed, and current staff departures has created a backlog of work and impacted the Service Desk’s ability to provide effective and timely support. CompuCom Systems Inc. provides professional services that will assist IT in working through the backlog of work and provide technical expertise where needed.

Partnering with CompuCom is aligned with the City’s strategic goal to be a customer- focused organization that provides excellent, timely, easily-accessible service and information to our staff and the community.

Public
CompuCom Systems Inc., for Professional Services CONSENT CALENDAR February 13, 2024

BACKGROUND
At the beginning of the pandemic, the majority of employees were required to work from home. While this change was necessary, it increased the complexity of City’s computer environment by introducing a hybrid working model. The hybrid model resulted in an increased number of personal computers and mobile phones needing support by over 60%. During this period, PC replacement was halted until employees returned to the office. Now that employees are back in the office, a backlog of over 400 PCs need to be replaced. It is critical that these PCs are replaced to address both performance and security related issues associated with these older PCs. Furthermore, the city’s fluctuating workforce has increased the Service Desk’s workload; directly related to the hiring, movement, and termination of city employees and has steadily stayed at an increased level. With current staff departures, it is getting tougher to meet acceptable customer service level expectations resulting in loss of productivity for City employees.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
CompuCom resources will conduct their work onsite using City facilities and equipment.

RATIONALE FOR RECOMMENDATION
Temporary staff can bridge the gap until PC replacements, the backlog of tickets, and technical documentation is up to date. The City has previously partnered with CompuCom Systems Inc. who has provided excellent service.

ALTERNATIVE ACTIONS CONSIDERED
Information Technology has considered performing work in house; however, fulfillment of services will be delayed and will impact city employee’s productivity.

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

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

COMPUCOM SYSTEMS, INC.: PROFESSIONAL SERVICES
WHEREAS, in February 2022, the City engaged a staffing consultant to supply a headcount to assist with PC replacement and other Service Desk tasks, which the headcount has aptly done so far; and
WHEREAS, CompuCom has the expertise in supplying IT staffing, and provides well qualified Technicians; and
WHEREAS, the Service Desk requires assistance on a significant backlog of operational business that directly impacts the productivity of City staff; and WHEREAS, one-time funding for this is available in the Department of Information Technology’s Fiscal Year (FY) 2024 Cost allocation Fund, and spending for this contract in future fiscal years will be subject to Council approval of the proposed citywide budget and annual appropriation ordinances.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized execute a contract with CompuCom for professional services for an amount not to exceed $300,000 through December 30, 2024. .

Commission on the Status of Women

CONSENT CALENDAR
February 13, 2024
To: Mayor and Members of the Berkeley City Council
From: Commission on the Status of Women
Submitted by: Carole Marasovic, Chair, Commission on the Status of Women Subject: Recommendation on Public Safety/Crime Prevention for Women RECOMMENDATION:

That Council refer to the Council Public Safety Policy Committee to develop plans to implement public safety crime prevention programs to address the current rising crime against women, particularly older women. These plans should include a budget referral to the Council Budget and Finance Committee for consideration in the June budget process.

These plans should include:

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

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

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

Recommendation on Public Safety/Crime Prevention for Women Consent Calendar February 13, 2024

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

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

CURRENT SITUATION AND ITS EFFECTS:

In recent years, crime has risen including crime during broad daylight. Women have been frequently targeted, many of which have been older women. Women need to feel safe in our community. Safety escorts will reduce crime. The Commission Chair has consulted with former Councilmember Linda Maio, who sponsored the 2003 item, who confirmed that muggings greatly diminished under the 2003 BART Escorts Program following implementation.

A City-wide community forum will make Berkeley residents more aware of the crime and precautions that need to be taken.

FISCAL IMPACTS OF RECOMMENDATION
Fiscal impacts shall be identified by the Council Public Safety Committee. The figure of $40,500 earlier budgeted is obviously outdated as it is a figure from 20 years ago. In addition, that $40,500 exclusively covered safety escorts down BART paths and during limited hours. This recommendation broadens safety escorts coverage to a City-wide basis. Substantial funding is needed to fully implement these plans. However, the safety of our Berkeley residents is critical.

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

BACKGROUND
On November 15, 2023, the Commission on the Status of Women voted as follows:

That Council refer to the Council Public Safety Policy Committee to develop plans to implement public safety crime prevention programs to address rising crime against women, particularly older women as stated in this recommendation in the

Recommendation on Public Safety/Crime Prevention for Women Consent Calendar February 13, 2024
aforementioned 5 points. That Council refer plans developed based on the proposed recommendations for the safety of women, particularly older women, to the June budget process.

M/S/C: Marasovic, Arora
Ayes: Marasovic, Simon, Posey, Ortiz-Cedeno, Arora, Oliver Noes: None.

Abstain:

Absent: Boyd
LOA: Seshagiri, Goodwin

RATIONALE FOR RECOMMENDATION
Safety is critical to our community. The crime landscape has changed where crime victims are targeted in broad daylight more commonly than in the past. Women have been frequently targeted with many victims older and more vulnerable. These safety issues require awareness, education and implementation of crime prevention models beyond police response after the fact.

ALTERNATIVE ACTIONS CONSIDERED
To leave the situation as is and not provide needed crime prevention protections for women.

CITY MANAGER
The City Manager takes no position on this recommendation.

CONTACT PERSON
Okeya Vance-Dozier, Community Services Specialist II, Office of the City Manager (510) 981-7239
Carole Marasovic, Chair, Commission on the Status of Women, (510) 225-5060 Attachments:

1. BART RESPECT Escorts program contract (2003)

2. BART RESPECT Escorts program contract (2006)

3. Resolution No. 57,737-N.S.

4. City Council Meeting Minutes, November 1, 1994

5. Resolution No. 57,832-N.S.

6. Resolution No. 58,160-N.S.

Recommendation on Public Safety/Crime Prevention for Women Consent Calendar February 13, 2024

7. Resolution No. 58,636-N.S.

8. Resolution No. 59,012-N.S.

9. Resolution No. 62,124-N.S.

10.Resolution No. 63,166-N.S.

Office of the Mayor

CONSENT CALENDAR
February 13, 2024
(Continued from January 16, 2024)
To: Honorable Members of the City Council
From: Mayor Jesse Arreguin, Councilmember Rashi Kesarwani, Councilmember Sophie Hahn, and Councilmember Susan Wengraf Subject: RFP for Development of West Berkeley Service Center

RECOMMENDATION
Refer to the City Manager to issue a Request for Proposal (RFP) for the development of the city-owned West Berkeley Service Center, (1900 Sixth Street), to permit site acquisition and construction of a 100-percent affordable housing project with the following key features:
● Space on the ground floor of the building for administrative offices, community space and supportive services as currently provided by the City;
● Maximizing the number of units under the existing zoning Mixed Use- Residential (MU-R) in conjunction with state law AB 1763 (2019); ● A mix of unit sizes, including studios, one-bedroom, and two-bedroom units;
● Require RFP applicants to include a plan for services provision and integration for the population(s) they propose to serve; ● A preference for serving seniors and adults with mental health conditions while maintaining flexibility to serve other populations based on availability of funding.

The City Manager should also consider the feasibility of the following elements in the program design:
● Universally designed housing for older adults with a portion of the units for assisted living and memory care;
● A board and care facility with a minimum of 20 beds including space for staff and services;

RFP for Development of West Berkeley Service CenterCONSENT CALENDAR February 13, 2024 Page 2
● Explore available federal, state, regional, local and private funding sources to finance the construction of a housing project, including with the potential target populations.

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

BACKGROUND
Berkeley General Plan Policy H-18 encourages the use of city-owned sites, including parking lots for affordable housing or mixed-use projects: “When appropriate and feasible, use City-owned or controlled sites for affordable housing and/or mixed-use residential projects with a substantial portion of affordable units.” On May 28, 2019, (Attachment #1), the City Council stated the intent for the use of the West Berkeley Service Center property, 1900 6 th Street, would be used for senior housing with on-site services consistent with Age Friendly Berkeley Plan recommendations and maximizing the number of affordable units on site. They further referred to the City Manager to conduct a basic analysis of the development potential for the site, including build-out scenarios for a three to seven story building on the site that would include amenities, supportive social services, and community space.

Staff returned “Referral Response: Analysis of the Development Potential for the West Berkeley Service Center Site” to Council as a comprehensive Information Report on the September 7, 2023 City Council Agenda. In the report, staff analyzed Zoning Designation, State Streamlining Laws and State Density Bonus to provide considerations for development potential. Current zoning of the site is MU-R. Given staff assumptions as provided in the report (Attachment #2), it could be possible to build 190 units in six stories with AB1763. AB1763 (2019) expands State Density Bonus Laws to housing projects that are 100 percent to low-income households (excluding manager units) with up to 20 percent of units for moderate-income households. Also, projects near transit, such as the West Berkeley Service Center site, are not subject to density limits, may raise height limits by three stories or 33 feet, and are allowed up to four concessions.

Recommendations for Council action included rezoning the site to C-W and allocating funding for environmental review, or referral to the City Manager to develop recommendations to Council that would inform a RFP to develop senior housing on the site under the current MU-R zoning.

CURRENT SITUATION AND ITS EFFECTS
The population of Berkeley residents 65 and older has steadily increased in recent years. Projections from multiple sources, including the Alameda County Plan for Older Adults, show that by 2030 over 20% of Berkeley residents will be over 65. Based on surveys completed by the Age Friendly Berkeley Initiative (2018) older adults

RFP for Development of West Berkeley Service CenterCONSENT CALENDAR February 13, 2024 Page 3
increasingly prefer to age in their communities with housing affordability and availability, along with transit access, noted as major areas of concern, especially for low-income respondents. Wait lists for affordable senior housing units are as long as 8 years.1
Board and Care facilities operate under the supervision of the Department of Social Services through a Community Care License and are staffed 24 hours per day, seven days per week. They provide residential care for seniors and/or people with disabilities who need assistance in their daily lives including room and board, meals, a supportive living environment with daily activities for participation and entertainment, and assistance with personal care. There is a critical lack of Board and Care facilities in the state. In recent years, the number of licensed board and care facilities, including Adult Residential Facilities and Residential Care Facilities for the Elderly has been declining largely due to inadequate funding and rising housing construction costs. 2 San Francisco has lost more than a third of its facilities that serve seriously mentally ill people under the age of 60 which is consistent with what other counties report, anecdotally, up and down the state. 3 More housing and mental health resources are critical to address the needs of our most vulnerable low-income adults who are most at-risk of homelessness: older adults, persons with disabilities, and persons with severe mental illness.

Currently, the City’s Health, Housing and Community Services Department is utilizing the West Berkeley Service Center to house the West Berkeley Family Wellness Center that provides services such as Women, Infants and Children’s (WIC) program, immunization programs, programs offering nursing support, Berkeley Black Infant Health and free yoga classes. Community Development Block Grant ( (CDBG) funds have been identified for improvements to the facility and have a five-year requirement for use, once all the funds are drawn down, without a pro-rata repayment. These improvements are scheduled to begin during the first quarter of 2024. During that time, a temporary facility will be needed to accommodate the temporary relocation of these programs to ensure continuation of services and activities during the construction period of any new housing project.

It is, currently, uncertain how this proposed development could be funded. The City of Berkeley Housing Trust Fund and funds from the 2018 Bond Measure O are in short supply or already dedicated to other projects. However, additional resources may 1 Age Friendly Berkeley Action Plan, 2018: https://berkeleyca.gov/sites/default/files/2022-01/Age- Friendly-Berkeley-Action-Plan.pdf
2White Paper: County Behavioral Health Directors Association, February 28, 2020: Loss of Board and Care Facilities Is at Crisis Level: https://namisantaclara.org/wp-content/uploads/2020/11/Loss-of- Board-and-Care-Facilities-is-at-Crisis-Level-2.28.20.pdf 3 San Francisco Chronicle article: SF Board-and-Care homes for Seriously Mentally Ill Shuttering as Costs Soar, April 16, 2019: https://www.sfchronicle.com/bayarea/article/SF-board-and-care-homes- for-seriously-mentally-13766754.php

RFP for Development of West Berkeley Service CenterCONSENT CALENDAR February 13, 2024 Page 4
become available through a proposed regional housing bond measure4 or earmarked funding. Preparing an RFP that would be ready for issuance at the time resources have been identified would expedite development of the West Berkeley Service Center, ensuring critical resources can be provided for the community.

FINANCIAL IMPLICATIONS:

Staff time required for developing recommendations for an RFP. In addition, a budget will need to be developed for the temporary relocation of the West Berkeley Family Wellness Center services and possibly any pro-rata CDBG repayment.

ENVIRONMENTAL SUSTAINABILITY:

Aligns with environmental sustainability goals by providing housing densification along transit corridors.

CONTACT PERSON:

Mayor Jesse Arreguin (510) 981-7100
Attachments:

1. May 28, 2019 Council referral: Development of the West Berkeley Service Center, 1900 6th Street, for Senior Housing with Supportive Services

2. September 7, 2023, Referral Response: Analysis of the Development Potential of the West Berkeley Service Center Site
4 Bay Area Housing for All website: https://bayareahousingforall.org/

ATTACHMENT 1

ATTACHMENT 2

CONSENT CALENDAR
FEBRUARY 13, 2024
To: Honorable Mayor and Members of the City Council
From:

RECOMMENDATION
Adopt a resolution designating the Adeline Corridor as the Black Arts and Culture District.

Include members of Healthy Black Families and Equitable Black Berkeley in the Planning Committee to emphasize community involvement and focus on arts, culture, and well-being for South Berkeley residents. Establish a Black Arts and Culture Center.

CURRENT SITUATION
Meetings with Healthy Black Families and Equitable Black Berkeley representatives are ongoing to help with the vision of what the Black Arts and Culture District will be.

BACKGROUND
The Adeline Corridor's development has been in the making for years to increase affordable housing, preserve historic structures, and increase economic growth. This area is located between Dwight Way to 62nd street with a focus on improvement while keeping its charm and legacy. By 2024, Healthy Black Families will have established their headquarters at 2001 Ashby Street, which will be a space for community members to receive health care with a focus on community programming with this larger facility.

REVIEW OF EXISTING PLANS, PROGRAMS, POLICIES, AND LAWS
● City of Berkeley Arts and Culture Plan, 2018-2027
● EIFD - Proposal of creating Enhanced Infrastructure Financing Districts (EIFD) to assist with funding elements of the Adeline Corridor Plan and future projects. (2021)

CONSULTATION/OUTREACH OVERVIEW AND RESULTS
Reached out to Healthy Black Families and Equitable Black Berkeley.

RATIONALE FOR RECOMMENDATION
Establishing this district would uplift members of the South Berkeley community with the development of affordable housing, thriving new businesses, and encouraging learning through the arts. Having a Black Arts and Culture Center creates a safe place and gathering area with a focus on encouraging young artists and bringing economic prosperity. This district will draw more Black families to Berkeley and encourage Cal alumni to stay after graduation with home- buying opportunities.

Councilmember Bartlett (Author), Councilmember Taplin (Co- Sponsor), Councilmember Hahn (Co-Sponsor)
Establishing a Black Arts and Culture District in the Adeline CorridorSubject:

IMPLEMENTATION, ADMINISTRATION AND ENFORCEMENT
● Look for funding support from The Civic Arts Grant program. ● Work with Berkeley Cultural Trust to help engage community support for this new district.

ENVIRONMENTAL SUSTAINABILITY
Studies have yet to be conducted.

FISCAL IMPACTS
There are no direct fiscal impacts to the City of Berkeley related to the adoption of the Black Arts and Culture District.

OUTCOMES AND EVALUATION
Establishing a Black Arts and Culture District in South Berkeley will create a vibrant community for citizens and visitors. The arts encourage civic participation, give a voice to diverse perspectives, promote intercultural communication, and enhance Berkeley’s economy and physical environment. Berkeley’s rich history of supporting the arts and social justice activism will flourish in a Black Arts and Culture District.

CONTACT PERSON
Vice Mayor Ben Bartlett [email protected]
James Chang [email protected]
Tina R. Posner [email protected]

ATTACHMENTS AND MATERIALS

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

PUBLIC HEARING
February 13, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Jordan Klein, Director, Planning & Development Department Subject: Appeal of Landmarks Preservation Commission Decision – Approval of Structural Alteration Permit #LMSAP22022-0005 for 1960 San Antonio Avenue/645 Arlington Avenue- Spring Estate

RECOMMENDATION
Conduct a public hearing and upon conclusion, adopt a Resolution affirming the Landmarks Preservation Commission (LPC) decision to approve a Structural Alteration Permit (SAP) to restore the terrace, remove the non-historic building addition, and repair railings and walkways of the Spring mansion; demolish the detached, non-historic garage and construct a new ten-car garage; demolish and replace the non-historic driveway, retaining walls and stairs on the east side of the property; construct a new, detached pool house; excavate and install a new swimming pool; and complete landscape improvements at a City Landmark residential property in the Hillside neighborhood, contingent upon rehabilitation of the historic gymnasium building, and dismiss the appeal.

SUMMARY
The LPC approved the SAP in June 2023. The action was appealed by the property owner because they object to Conditions of Approval #15 and #16 that require a Historic Preservation Treatment Plan (COA #15) and rehabilitation of the historic gymnasium building that is located on of the Landmark site (COA #16).

FISCAL IMPACTS OF RECOMMENDATION
None.

CURRENT SITUATION AND ITS EFFECTS
The current property owner purchased the property in 2020 and initiated repair work with a building permit in 2022. On June 1, 2022, Bahadour Zarrin (applicant/contractor) submitted a SAP application seeking approval to demolish the existing detached garage, remove the auditorium building extension on top of the southwest terrace of the Spring Mansion (main building), and concrete walls, concrete steps, and the fountain near the San Antonio Avenue entrance; repair concrete walkways, retaining walls, railings, and balusters north, south, and west of the mansion; rehabilitate the room

LPC Appeal: 1960 San Antonio Avenue/645 Arlington Avenue – Spring Estate PUBLIC HEARING Structural Alteration Permit #LMSAP2022-0005 February 13, 2024

below the auditorium; modify the driveway area off of San Antonio Avenue; and add a pool, pool house, and new garage. The work proposed under the SAP will remove non- historic features and a non-historic addition, repair concrete features that are part of the Landmark, and add new buildings to accommodate the needs of the new owner.

LPC opened the first SAP hearing on August 4, 2022, and continued the matter without discussion pending submittal of a complete application and recommendation for final action. A neighbor shared concerns related to the condition of the site and public noticing procedures. Another neighbor expressed support for the project.

On March 2, 2023 LPC resumed the hearing, provided comments and direction to the applicant, and continued the matter pending receipt of the revised application submittal in response to their comments. At this meeting, two neighbors expressed concerns about the poor condition of the gymnasium building and a non-historic building, located on a separate parcel under the same ownership.

A letter was received from a neighbor in May 2023, expressing concerns about the neglect of the property, and the size of the proposed garage.

On June 1, 2023, LPC conducted a public hearing for the SAP after staff posted the requisite notice not less than ten days prior. LPC discussed the project and approved the SAP by a vote of 8-0-0-1 (Yes: Adams, Crandall, Enchill, Finacom, Linvill, Montgomery, Schwartz, Twu; No: None; Abstain: None; Absent: Leuschner).

On October 30, 2023 staff issued the Notice of the Decision, and on November 13, 2023 the property owner filed an appeal for City Council review. The original applicant (contractor) is no longer involved with this project. The City Clerk set the matter for review by the Council on February 13, 2024. The Appellant was informed of the hearing date by letter on November 20, 2023.

In accordance with BMC Section 23.404.040(B), on or before January 30, 2024 staff posted the public hearing notice of the Council hearing at the site and nearby, and mailed notices to property owners and occupants within 300 feet of the project site, and the appellant. The Council must conduct a public hearing to resolve the appeal.

BACKGROUND
The City Landmark Spring Estate consists of a grand main building designed by John Hudson Thomas in the Beaux-Arts architectural style. It was completed in 1912 and features concrete and iron architectural features, terraces to the west, north, and south, and stairs and walkways leading to Arlington Avenue. The Landmark includes a gymnasium building adjacent to Arlington Avenue and an additional single-family dwelling (1984 San Antonio Avenue) known as the carriage house, which is on a separate parcel and under separate ownership.

LPC Appeal: 1960 San Antonio Avenue/645 Arlington Avenue – Spring Estate PUBLIC HEARING Structural Alteration Permit #LMSAP2022-0005 February 13, 2024

Historically Significant Features:
 Mansion with concrete and iron architectural features  Terraces and balustrades to the front, rear, and side of the mansion  Fountain west of the mansion
 Stairs and walkway to Arlington Avenue
 Statues, urns, retaining walls in the Beaux Arts style  Gymnasium at Arlington Avenue
 Carriage house at San Antonio Avenue (1984 San Antonio Avenue)  Design landscape and hardscape features original to the estate LPC designated the property as a City Landmark in 2000 (see Attachment 4, designation record). The designation excluded several site features, including a building addition on the original southwest terrace of the Spring Mansion, garden sheds, tennis courts, a fountain and entrance features at the east, adjacent to San Antonio Avenue, the detached, two-car garage, and a residence at 639 Arlington Avenue.

The gymnasium and residence at 639 Arlington Avenue are in poor condition, and much of the grounds have been neglected, with failing or damaged retaining walls and overgrown vegetation. The condition of the property does not comply with BMC Chapter

3.24.290, for good repair and maintenance required. A rehabilitation plan was required as a Condition of Approval (COA#15; page 6, Attachment 1) to ensure that the gymnasium is rehabilitated and the site is brought into compliance with the standards of the Landmarks Preservation Ordinance.

For additional project background, please see Attachment 3, the June 1, 2023 LPC staff report for this project.

RATIONALE FOR RECOMMENDATION
The issues raised in the appellant’s letter and staff’s responses are detailed below. For the sake of brevity, the appeal issues are not re-stated in their entirety. Please refer to the appeal letter (Attachment 2) for the full text.

Issue 1: Rehabilitation of the gymnasium is not feasible due to a “lack of structural and material integrity, lack of historical and architectural character, generations of neglect, and safety concerns” (Attachment 2, page 1).

LPC Appeal: 1960 San Antonio Avenue/645 Arlington Avenue – Spring Estate PUBLIC HEARING Structural Alteration Permit #LMSAP2022-0005 February 13, 2024

Response 1: The appellant has provided a property inspection report from a structural engineer, which concludes that the building is “not structurally sound and needs to be demolished” (Attachment 2, page 16). The building does not meet current building code requirements as it was constructed in 1929, and the foundation may appear imperfect with superficial cracks. However, evidence has not been submitted indicating that the building is infeasible to repair.

The report provided by the appellant describes the current condition of the building but does not offer a remedy to the condition, other than demolition. Planning and Development Department staff find that demolition is not necessary and that a qualified professional can stabilize the building, and thus the structural integrity of the building can be restored through repair and rehabilitation. From a historic preservation perspective, the building retains material integrity since the exterior materials date from the time of its construction (National Register Bulletin 15, page 45)1. Rehabilitation of the building is feasible, and demolition is not required.

The best practices in cultural resources preservation anticipates that repair and rehabilitation of neglected structures may be extensive and provides guidelines for the dutiful restoration of built resources. The primary guidance for the treatment of cultural resources is found in The Secretary of the Interior’s (SOI) Standards for the Treatment of Historic Properties 2017).2
The SOI defines Rehabilitation as “the act or process of making possible a compatible use for a property through repair, alterations, and additions while preserving those portions or features which convey its historical, cultural, or architectural values.” Preservation is defined as the “act or process of applying measures necessary to sustain the existing form, integrity, and materials of an historic property. Work, including preliminary measures to protect and stabilize the property, generally focuses upon the ongoing maintenance and repair of historic materials and features rather than extensive replacement and new construction. New exterior additions are not within the scope of this treatment; however, the limited and sensitive upgrading of mechanical, electrical, and plumbing systems and other code-required work to make properties functional is appropriate within a preservation project.”
It is evident when viewing the property from Arlington Avenue that the gymnasium has been neglected. The Standards recommend rehabilitation if extensive repair and replacement are required, and preservation if distinctive materials and features are 1 “National Register Bulletin 15: How to Apply the National Register Criteria for Evaluation,” National Park Service, 1997, https://www.nps.gov/subjects/nationalregister/upload/NRB-15_web508.pdf. 2 Anne E. Grimmer, “The Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring & Reconstruction Historic Buildings,” National Park Service, 2017, https://www.nps.gov/orgs/1739/upload/treatment-guidelines-2017-part1-preservation- rehabilitation.pdf.

LPC Appeal: 1960 San Antonio Avenue/645 Arlington Avenue – Spring Estate PUBLIC HEARING Structural Alteration Permit #LMSAP2022-0005 February 13, 2024

intact and convey the building’s historical significance. Standard 6 of the Standards for Preservation states that the “existing condition of historic features will be evaluated to determine the appropriate level of intervention needed. Where the severity of deterioration requires repair or limited replacement of a distinctive feature, the new material will match the old in composition, design, color and texture.” Furthermore, the Guidelines for Preserving Historic Buildings state that preservation is the appropriate treatment when the objective of the project is to retain the building as it currently exists. Either rehabilitation and/or preservation of the gymnasium is necessary since the building is part of the Landmark, and maintenance of Landmarks is a requirement of BMC Section 3.24.290, good repair and maintenance required.

LPC included COAs #15 and 16 as project-specific requirements to prioritize the rehabilitation of the gymnasium along with the significant investment into the property that is represented by the scope of the SAP. The LPC’s decision aligns with the City’s Landmark Preservation Ordinance and the SOI Standards for the treatment of this City Landmark site. The appellant has not provided evidence that the gymnasium is infeasible to repair and, therefore, staff recommends that the City Council uphold the LPC’s decision to include COAs #15 and #16, and dismiss this appeal point.

Issue 2: The gymnasium should be removed due to public safety concerns (Attachment 2, page 1).

Response 2: The Building Official has not cited the gymnasium as a risk to public health and safety. The property owner may secure the building to prevent trespassers from entering, and thereby address safety concerns without removing the historic resource.

The building is part of the Landmark designation and its removal has not been contemplated or assessed as part of the approved SAP, which focused on demolition of the detached garage and some failing terrace features. Such a request would likely engender a full environmental review pursuant to the California Environmental Quality Act (CEQA).

City Council may consider this course of action, or uphold the LPC’s decision to require rehabilitation of the gymnasium, as part of the approved expansion project. Removal of the structure is not necessary to address potential safety concerns. Staff concludes that this appeal point is without merit and recommends that Council dismiss it.

Issue 3: The report from the historical architect, Mark Hulbert of Preservation Architecture, finds no evidence that supports the historical significance of the gymnasium (Attachment 2, page 1).

Response 3: The appellant has provided a report from a historical architect that argues that the gymnasium is not “rehabilitation worthy” (Attachment 2, pages 2-3). Staff disagree, and find that since the gymnasium is included in the Landmark, it must be

LPC Appeal: 1960 San Antonio Avenue/645 Arlington Avenue – Spring Estate PUBLIC HEARING Structural Alteration Permit #LMSAP2022-0005 February 13, 2024

rehabilitated before the owners can construct the new buildings that are included in the SAP. The Notice of Decision (NOD) from the July 10, 2000 LPC meeting states that the LPC approved Landmark designation for the property. The gymnasium building is included in the Landmark since it contributes to the “historical, cultural and architectural value of the site” (Attachment 4, page 8).

As noted above, the condition of the property does not comply with BMC Section

3.24.290, good repair and maintenance required. Per BMC Section 3.24.290(B) "good repair" means the prevention of structural decay or structural failure, or the prevention of irreparable damage to the major historic or architectural features of the structure.

Furthermore, pursuant to BMC Section 3.24.290(C), good repair and maintenance applies to all portions of the property that are included in the Landmark designation.

Rehabilitation of the gymnasium is required because the gymnasium is part of the Landmark.

Staff recommends that Council dismiss this appeal point.

ENVIRONMENTAL SUSTAINABILITY
The project approved by the LPC is in compliance with all applicable State and local environmental requirements, and would be built and operated according to current codes for energy conservation, waste reduction, low toxicity, and other factors.

ALTERNATIVE ACTIONS CONSIDERED
Pursuant to BMC Section 3.24.300(E), the Council may (1) continue the public hearing, (2) reverse, affirm, or modify the LPC’s decision, or (3) remand the matter to the LPC. If Council remands the decision, then Council must also specify which issues shall be reconsidered.

Action Deadline:

Pursuant to BMC Section 3.24.300(F), if the disposition of this appeal has not been determined within 30 days of the date that City Council closed this hearing (not including Council recess), then the LPC decision shall be deemed affirmed and the appeal shall have been denied.

CONTACT PERSONS
Jordan Klein, Director, Planning & Development Department, (510) 981-7534 Anne Hersch, Land Use Planning Manager, (510) 981-7411
Allison Riemer, Associate Planner, (510) 981-7433
Attachments:

1. Draft Resolution
 Exhibit A: Findings and Conditions
 Exhibit B: Project Plans, received May 15, 2023

2. Appeal Letter, received November 13, 2023

LPC Appeal: 1960 San Antonio Avenue/645 Arlington Avenue – Spring Estate PUBLIC HEARING Structural Alteration Permit #LMSAP2022-0005 February 13, 2024

3. June 1, 2023 LPC Staff Report

4. Landmark Application and Notice of Decision for the John Hopkins Spring Estate

5. Index to Administrative Record

6. Administrative Record

7. Public Hearing Notice

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

AFFIRMING THE LANDMARKS PRESERVATION COMMISSION (LPC) APPROVAL OF STRUCTURAL ALTERATION PERMIT (SAP) #LMSAP2022-0005 TO RESTORE THE

TERRACE, REMOVE THE NON-HISTORIC BUILDING ADDITION, AND REPAIR RAILINGS AND WALKWAYS OF THE SPRING MANSION; DEMOLISH THE

DETACHED, NON-HISTORIC GARAGE AND CONSTRUCT A NEW TEN-CAR GARAGE; DEMOLISH AND REPLACE THE NON-HISTORIC DRIVEWAY, RETAINING WALLS AND STAIRS ON THE EAST SIDE OF THE PROPERTY; CONSTRUCT A NEW, DETACHED POOL HOUSE, EXCAVATE AND INSTALL A NEW SWIMMING POOL;

AND COMPLETE LANDSCAPE IMPROVEMENTS AT A CITY LANDMARK

RESIDENTIAL PROPERTY IN THE HILLSIDE NEIGHBORHOOD, CONTINGENT

UPON REHABILITATION OF THE HISTORIC GYMNASIUM BUILDING, AND DISMISS THE APPEAL.

WHEREAS, on June 1, 2022 contractor Bahadour Zarrin submitted a Structural Alteration Permit to demolish the detached garage, the building on top of the southwest terrace, and concrete features near the San Antonio Avenue entrance; repair concrete features north, south, and west of the mansion; rehabilitate an addition below the southwest terrace; modify the driveway area off of San Antonio Avenue; and add a pool, pool house, and new garage; and
WHEREAS, on August 4, 2022 the Landmarks Preservation Commission opened the SAP hearing and continued the matter without discussion while awaiting receipt of a complete application and recommendation for final action; and WHEREAS, on March 2, 2023 LPC resumed the hearing, provided comments and direction to the applicant, and continued the matter pending receipt of the revised application submittal in response to comments provided; and WHEREAS, on May 22, 2023 staff posted the public hearing notice of the LPC hearing at the site and nearby, and mailed notices to property owners and occupants within 300 feet of the project site; and
WHEREAS, on June 1, 2023 LPC conducted a public hearing for the SAP. LPC discussed the project and approved the SAP by a vote of 8-0-0-1; and WHEREAS, on October 30, 2023 staff issued the Notice of the Decision for the SAP; and WHEREAS, on November 13, 2023 the decision was appealed to City Council by the property owner, Abbas Mash; and
WHEREAS, the City Clerk set the matter for review by the Council on February 13, 2024 and the Appellant was informed of the hearing date by letter on November 20, 2023; and

WHEREAS, on or before January 30, 2024 staff posted the public hearing notice of the Council hearing at the site and nearby, and mailed notices to property owners and occupants within 300 feet of the project site, and the appellant; and WHEREAS, on February 13, 2024 the Council held a public hearing to consider the LPC’s decision, and in the opinion of this Council, the facts stated in, or ascertainable from the public record, including the staff report and comments made at the public hearing, warrant approving the project.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Berkeley that the City Council adopts the findings made by the LPC in Exhibit A affirming the LPC decision to approve Structural Alteration Permit #LMSAP2022-0005, adopts the Conditions of Approval in Exhibit A, approving the project plans contained in Exhibit B, and dismisses the appeal.

Exhibits
A: Findings and Conditions of Approval
B: Project Plans, received May 15, 2023

A t t a c h m e n t 1, Exhibit A
F i n d i n g s a n d C o n d i t i o n s
1947 Center Street, Berkeley, CA 94704 Tel: 510.981.7410 TDD: 510.981.7474 Fax: 510.981.7420 1960 San Antonio Avenue/645 Arlington Avenue –
The Spring Estate
Structural Alteration Permit (#LMSAP2022-0005) to restore the terrace, remove the non-historic building addition, and repair railings and walkways of the Spring Mansion; demolish the detached, non-historic garage and construct a new ten-car garage; demolish and replace the non- historic driveway, retaining walls and stairs on the east side of the property; construct a new, detached pool house, excavate and install a new swimming pool; and complete landscape improvements at a City Landmark residential property in the Hillside neighborhood, contingent upon rehabilitation of the historic gymnasium building.

CEQA FINDINGS

1. The project is limited to design review and historic preservation consideration and 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 15331 (“Historic Resource Restoration/Rehabilitation”) and Section 15303 (“New Construction”) of the CEQA Guidelines. 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 cumulative impacts, (c) there are no significant effects, (d) the project is not located near a scenic highway, and (e) the project site is not located on a hazardous waste site pursuant to Government Code Section 65962.5.

SECRETARY OF THE INTERIOR’S STANDARDS FINDINGS
Regarding the Secretary of the Interior’s Standards for Rehabilitation, the Landmarks Preservation Commission of the City of Berkeley makes the following findings:

1. The proposal to rehabilitate the property and add additional residential accessory structures would retain and continue the historic residential use of the property.

2. The historic character of the Spring Estate will be retained and preserved with proposed repairs and replacement of distinctive features, such as the concrete walkways, retaining walls, railings, and balusters north, south, and west of the mansion. The proposed new buildings and structures would generally be located south of the mansion and, would not be readily visible from the public right-of-way.

1960 SAN ANTONIO AVENUE/645 ARLINGTON AVENUE Findings and Conditions

3. This property will continue to be recognized as a physical record of its time, place, and use as a result of the approved project. None of the proposed alterations are found to create a false sense of historical development. The proposed garage, pool house, and pool will have a contemporary design, and will be distinguished from the historic components of the estate.

4. No changes to this property that have acquired historical significance in their own right, have been identified, or are of concern for this project.

5. This project would not negatively affect distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize this property.

6. Deteriorated historic features of this property will be repaired where feasible, and replaced when repair is not feasible. The historic gymnasium will be rehabilitated (see Condition of Approval 13).

7. Chemical treatments are not anticipated; however, if they are appropriate, they will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials are prohibited by the Conditions herein.

8. Any archeological resources at this site would be protected and/or preserved in place per the City’s standard conditions and procedures for new construction and excavation.

9. Overall, the new construction would be differentiated and yet compatible with the Spring Estate. The proposed project would retain and would not destroy the historic materials and features of the Spring Estate. The new structures have been designed in a contemporary style with selected materials and finishes that are different than -- and also compatible with -- the Beaux-Arts mansion and features.

10. The proposed new buildings would be constructed south of the mansion, near the side property line; if the new buildings were removed in the future, the essential form and integrity of the Spring Estate would be unimpaired.

LANDMARK PRESERVATION ORDINANCE FINDINGS

1. As required by Section 3.24.260 of the Landmarks Preservation Ordinance, the Commission finds that the proposed work is appropriate for and consistent with the purposes of the Ordinance, and will preserve and enhance the characteristics and features specified in the designation for this property, because:

A. The proposal includes rehabilitation of the concrete features around the mansion, and would not adversely affect the historic exterior features.

B. The new work would not be readily visible from the public right-of-way, and would be subordinate to the mansion. Therefore, the proposed changes would not adversely affect the special character of this estate designed by John Hudson Thomas.

C. As conditioned herein, the historic gymnasium building will be rehabilitated and the property brought into compliance with the Ordinance requirement to maintain designated sites in good repair; BMC Section 3.24.290.

1960 SAN ANTONIO AVENUE/645 ARLINGTON AVENUE Findings and Conditions

1960 SAN ANTONIO AVENUE/645 ARLINGTON AVENUE Findings and Conditions

STANDARD CONDITIONS
The following conditions, as well as all other applicable provisions of the Landmarks Preservation Ordinance, apply to this Permit:

1. Conditions Shall be Printed on Plans
The conditions of this Permit shall be printed on the second sheet of each plan set submitted for a building permit pursuant to this Permit, under the title ‘Structural Alteration 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. Plans and Representations Become Conditions
Except as specified herein, the site plan, floor plans, building elevations and/or any additional information or representations, whether oral or written, indicating the proposed structure or manner of operation submitted with an application or during the approval process are deemed conditions of approval.

3. Subject to All Applicable Laws and Regulations
The approved construction is subject to, and shall comply with, all applicable City Ordinances and laws and regulations of other governmental agencies. Prior to installation, the applicant shall obtain Use Permit approval in accordance with BMC Section 23C.17 (Wireless Telecommunication). Prior to construction, the applicant shall identify and secure all applicable permits from the Building and Safety Division, Public Works Department and other affected City divisions and departments.

4. 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.

5. Indemnification Agreement
The applicant shall hold harmless, defend, and indemnify the City of Berkeley and its

1960 SAN ANTONIO AVENUE/645 ARLINGTON AVENUE Findings and Conditions

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.

6. Halt Work/Unanticipated Discovery of Tribal Cultural Resources. In the event that cultural resources of Native American origin are identified during construction, all work within 50 feet of the discovery shall be redirected. The project applicant and project construction contractor shall notify the City Planning Department within 24 hours. The City will again contact any tribes who have requested consultation under AB 52, as well as contact a qualified archaeologist, to evaluate the resources and situation and provide recommendations. If it is determined that the resource is a tribal cultural resource and thus significant under CEQA, a mitigation plan shall be prepared and implemented in accordance with State guidelines and in consultation with Native American groups. If the resource cannot be avoided, additional measures to avoid or reduce impacts to the resource and to address tribal concerns may be required.

7. Archaeological Resources (Ongoing throughout demolition, grading, and/or construction).

Pursuant to CEQA Guidelines Section 15064.5(f), “provisions for historical or unique archaeological resources accidentally discovered during construction” should be instituted.

Therefore:

A. In the event that any prehistoric or historic subsurface cultural resources are discovered during ground disturbing activities, all work within 50 feet of the resources shall be halted and the project applicant and/or lead agency shall consult with a qualified archaeologist, historian or paleontologist to assess the significance of the find.

B. If any find is determined to be significant, representatives of the project proponent and/or lead agency and the qualified professional would meet to determine the appropriate avoidance measures or other appropriate measure, with the ultimate determination to be made by the City of Berkeley. All significant cultural materials recovered shall be subject to scientific analysis, professional museum curation, and/or a report prepared by the qualified professional according to current professional standards.

C. In considering any suggested measure proposed by the qualified professional, the project applicant shall determine whether avoidance is necessary or feasible in light of

1960 SAN ANTONIO AVENUE/645 ARLINGTON AVENUE Findings and Conditions

factors such as the uniqueness of the find, project design, costs, and other considerations.

D. If avoidance is unnecessary or infeasible, other appropriate measures (e.g., data recovery) shall be instituted. Work may proceed on other parts of the project site while mitigation measures for cultural resources is carried out.

E. If significant materials are recovered, the qualified professional shall prepare a report on the findings for submittal to the Northwest Information Center.

8. Human Remains (Ongoing throughout demolition, grading, and/or construction ). In the event that human skeletal remains are uncovered at the project site during ground- disturbing activities, all work shall immediately halt and the Alameda County Coroner shall be contacted to evaluate the remains, and following the procedures and protocols pursuant to CEQA Guidelines Section 15064.5 (e)(1). If the County Coroner determines that the remains are Native American, the City shall contact the California Native American Heritage Commission (NAHC), pursuant to Health and Safety Code Section 7050.5(c), and all excavation and site preparation activities shall cease within a 50-foot radius of the find until appropriate arrangements are made. If the agencies determine that avoidance is not feasible, then an alternative plan shall be prepared with specific steps and timeframe required to resume construction activities. Monitoring, data recovery, determination of significance and avoidance measures (if applicable) shall be completed expeditiously.

9. Paleontological Resources (Ongoing throughout demolition, grading, and/or construction).

In the event of an unanticipated discovery of a paleontological resource during construction, excavations within 50 feet of the find shall be temporarily halted or diverted until the discovery is examined by a qualified paleontologist (per Society of Vertebrate Paleontology standards [SVP 1995,1996]). The qualified paleontologist shall document the discovery as needed, evaluate the potential resource, and assess the significance of the find. The paleontologist shall notify the appropriate agencies to determine procedures that would be followed before construction is allowed to resume at the location of the find. If the City determines that avoidance is not feasible, the paleontologist shall prepare an excavation plan for mitigating the effect of the project on the qualities that make the resource important, and such plan shall be implemented. The plan shall be submitted to the City for review and approval.

ADDITIONAL CONDITIONS
The following additional conditions are attached to this Permit and are project specific:

10. Garage Height. The garage shall have a maximum elevation of 490 feet, and the elevation point shall be noted in the plans.

11. Garage Trellis. The trellis on the garage shall not be metal. The trellis material shall be noted in the plans.

1960 SAN ANTONIO AVENUE/645 ARLINGTON AVENUE Findings and Conditions

12. Palm Trees. All healthy palm trees shall be retained on site.

13. Historic Sign and Stairs at the Arlington Entrance. The sign and stairs at the Arlington Avenue entrance to the property shall be restored. Photos showing the restored sign and stairs will be required before a Certificate of Occupancy is issued for new buildings.

14. This Structural Alteration Permit is contingent upon Use Permit approval for the project.

15. Historic Preservation Treatment Plan. Prior to submittal of any building permit for this project, the applicant shall provide a site-specific historic preservation treatment plan for rehabilitation of the historic gymnasium building, main building terrace and concrete features throughout the site. The plan shall be prepared and implemented by or under the direct supervision of a Preservation Architect who meets or exceeds the Secretary of the Interior's Professional Qualifications Standards for Historic Architecture and Architectural History. This treatment plan shall define conditions assessment and documentation, protection, and monitoring requirements, and procedures to be implemented during restoration of the gymnasium, terrace, and concrete features, shall confirm structural conditions, and recommend preservation activities, protection measures, and procedures to be implemented. The building permit plan set shall demonstrate compliance with the treatment plan.

16. Rehabilitation of Historic Gymnasium. Submittal of a building permit application to rehabilitate the gym is required prior to Landmarks plan check approval of any building permits for new buildings or structures.

17. Repair and replacement of character-defining features. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old or historic feature in design, color, texture, and, where possible, materials. Replacement of missing features shall be substantiated by documentary and physical evidence.

18. Chemical Treatments. With respect to historic resources located on this site or within the propose project area, any chemical treatments needed as construction progresses will be undertaken using the gentlest means possible.

19. Details and Materials. Prior to Landmarks plan checker sign-off of the Building Permit set of drawings, the applicant shall submit building details, color and materials information for review and approval by Landmarks staff, in coordination with the LPC Chair as needed.

20. All glass is assumed to be clear glass. Any proposed glass that is not clear glass, shall be indicated on all drawings, and shall be reviewed for approval by staff.

21. All curbs and curb cuts shall be constructed per the standards and specifications of the Public Works Department. Curb cuts no longer utilized shall be restored per the Public Works Department specifications.

1960 SAN ANTONIO AVENUE/645 ARLINGTON AVENUE Findings and Conditions

22. Exterior lighting shall be downcast and not cause glare on the public right-of-way and abutting parcels.

23. The applicant shall provide irrigation for all landscaped areas. This shall be called out on Landscape building permit drawings.

24. The applicant shall be responsible for identifying and securing all applicable permits from the Building and Safety Division and all other affected City divisions/departments prior to the start of work.

PROJECT DATA
A010
TEL: 925-587-2140
PHOTOS
BERKELEY, CA 94707

GAME ROOM PLANS & ELEVATIONS - EXISTING &

PROPOSED
4 A301
A902

GYMNASIUM ELEVATIONS - EXISTING
A108
4 A100

CALIFORNIA PLUMBING CODE
OWNER:

NUMBER OF BUILDINGS ON LOT (EXISTING)

EXISTING PRIMARY BUILIDING FOOTPRINT
COVERED PORCH 1
OCCUPANCY CLASS:
6572

EXISTING LOT COVERAGE
1868
6 SQ.FT.

SQ.FT.

SQ.FT.

CORTE MADERA, CA 94925

CITY OF BERKELEY MUNICIPAL CODE

CALIFORNIA FIRE CODE
CALIFORNIA RESIDENTIAL CODE BRENTWOOD, CA 94513

THE CONTRACTORS AND SUBCONTRACTORS OF EACH TRADE SHALL KEEP PREMISES CLEAN AT ALL TIME

AND SHALL REMOVE ALL RUBBISH AS OFTEN AS REQUIRED (AT LEAST WEEKLY) FOR THE CONTRACTION AND

FOR THE CONVENIENCE OF THE OWNER

13. CONTRACTOR SHALL BE RESPONSIBLE FOR DESIGN OF ALL TEMPORARY AND SHORING TO SUSTAIN ALL

CONSTRUCTION LOADS, SOIL PRRESSURE, LATERAL, AND ANY OTHER LOADS THAT THE STRUCTURE MAY BE SUBJECTED.

CONTRACTOR SHALL COMPLY WITH CURRENT APPLICABLE LOCAL ORDINANCES FOR UTILITY SERVICES.

CONTRACTOR SHALL OBTAIN AND PAY FOR ALL REQUIRED FEES, PERMITS, AND INSPECTION ASSESSED BY ANY GOVERNMENTAL AGENCY OR UTILITY COMPANY.

THE CONTRACTOR SHALL WARRANT THAT ALL MATERIALS AND WORKMANSHIP ARE IN COMPLIANCE WITH DRAWINGS AND SPECIFICATIONS. ANY AND ALL CHANGES MUST HAVE THE ENGINEER'S APPROVAL.

19. IT IS THE PURPOSE OF THE DRAWINGS TO SHOW THE GENERAL APRRANGEMENT/LAYOUT OF WALLS WITHIN THE PROPOSED STRUCTURE. ELEMENTS OF WORK THAT ARE TO BE CONSTRUCTED ON A DESIGN-BUILD BASIS SHALL BE APPROVED BY THE CITY/COUNTY BEFORE START OF CONSTRUCTION.

STRUCTURAL ENGINEER:

11.4 641
LANDSCAPE ARCHITECT:

SCOPE OF WORK INVOLVES :
- CONSTRUCTION OF A NEW GARAGE, POOL, POOL HOUSE,

POOL DECK, DRIVEWAY, AND LANDSCAPING
- INTERIOR REMODEL OF MAIN BUILDING ON 1ST AND 2ND

FLOORS UNDER A SEPERATE PERMIT
- GLASS REPLACEMENT OF MAIN BUILDING WINDOWS,
FRAMES TO REMAIN.

DESIGNER:

ORINDA, CA 94563

LOT COVERAGE - EXISTING & PROPOSED

PLANTING DETAILS & LEGEND

IRRIGATION DETAILS & LEGEND

PROJECT DATA
L6
L5
L4
A020

CONTRACTOR SHALL VERIFY ALL DIMENSIONS AND EXISTING BUILDING CONDITIONS IN THE FIELD PRIOR TO CONSTRUCTION. CONTRACTOR SHALL VERIFY ALL DIMENSIONS IN THE FIELD PRIOR TO STARTING WORK.

SHOULD THERE BE ANY DISCREPANCIES, IMMEDIATELY REPORT TO THE DESIGNER-OF-RECORD FOR CLARIFICATION.

CONTRACTOR SHALL ADHERE TO ALL CODES, RULES AND REGULATION GOVERNING CONSTRUCTION, BUILDING

ACCESS, AND THE USE OF FACILITIES AS SET BY FEDERAL, STATE, AND LOCAL CODES, AND BUILDING DEPARTMENT AGENCIES.

LARGE SCALE DRAWINGS SHALL TAKE PRECEDENCE OVER SMALL SCALE DRAWINGS; DETAILS TAKE PRECEDENCE OVER ALL. CONTRACTOR SHALL NOTIFY ENGINEER OF CONFLICTS IN WRITING PRIOR TO COMMENCEMENT OF WORK. DRAWINGS ARE NOT TO BE SCALED FOR ANY REASON.

ALL DIMENTIONS ARE TAKEN FRIM FACE OF STUD OR CENTERLINE OF STUD AS SHOWN FOR NEW CONSTRUCTION UNLESS OTHERWISE NOTED. DIMENSIONS SHALL BE TAKEN FROM FACE OF FINISH UNLESS OTHERWISE NOTED.

5. ALL WORK SHALL BE PERFORMED IN AN APPROVED WORKMANLIKE MANNER.

THE CONTRACTOR SHALL BE RESPONSIBLE FOR LOCATING ALL EXISTING UNDERGROUND UTILIES, WHERE

ENCOUNTRERED, MAKE ALL NECESSARY ARRANGEMENTS FOR SUPPORT, SHORE-UP, RE-ROUTE OR PROVIDE UTILITY DISCONNECTIONS AS REQUIRED BY APPLICABLE PUBLIC OR PRIVATE UTILITY COMPANIES.

AT ALL TIMES, THE CONTRACTOR SHALL BE TOTALLY RESPONSIBLE FOR CONDITIONS OF THE SITE, INCLUDING THE SAFETY OF PERSONS AND PROPERTY; ALSO DESIGN ADEQUACY AND SAFETY OF ERECTION BRACING DURING SHORING, TEMPORARY, ETC. ENGINEER'S JOB SITE REVIEW OF THE ADEQUACY OF THE CONTRACTOR'S SAFETY MEASURES.

THE CONTRACTOR SHALL BE RESPONSIBLE FOR COMPARING AND COORDINATING ALL DRAWINGS FOR PROPER FIT AND ATTACHMENT OF ALL PARTS. DETAILS NOT SHOWN, NOR DETAILED ON DRAWINGS, NOR CALLED FOR

IN THESE NOTES SHALL BE CONSTRUCTED TO THE SAME SIZE AND CHARACTER AS FOR SIMILAR CONDITIONS WHICH ARE SHOWN. DETAILED, OR SPECIFIED.

THE CONTRACTOR SHALL COORDINATE ALL SUBCONTRACTORS UNDER HIS HIRE, AND SHALL COORDINATE

WITH ANY SUBCONTRACTORS UNDER SEPARATE HIRE BY OWNER TO MAINTAIN EFFICIENT WORKMANLIKE PROGRESS OF THE WORK. THE CONTRACTOR SHALL COORDINATE THE OMITTED, BLOCKED OUT OR RELOCATED WITHOUT PRIOR APPROVAL WITH ENGINEER.

17. PROTECTIVE MEASURES SHALL BE TAKEN BY THE CONTRACTOR TO PROTECT THE ADJACENT PROPERTY AT ALL TIMES DURING CONSTRUCTION. PROTECTIVE MEASURES SHALL BE TAKEN BY THE CONTRACTOR SO AS NOT TO CAUSE ANY MUD, SILT, OR DEBRIS ONTO PUBLIC OR ADJACENT PRIVATE PROPERTY.

ALL PARTITIONS SHALL BE BRACED TO ABOVE STUCTURE PER REQUIREMENTS OF LOCAL BUILDING CODE.

THE PROPOSED BUILDING SHALL BE CONNECTED TO THE STREET SEWER. SEE CIVIL PLANS FOR PROPOSED SANITARY SEWER PIPING AND CLEANOUTS.

21. A SEPARATE INSPECTION BY THE COUNTY BUILDING INSPECTOR IS REQUIRED TO DETERMINE THE DEPTH AND CLEANLINESS OF THE HOLES REQUIRED FOR EPOXY BOLTS BEFORE THEY ARE INSTALLED. 2022 2022

PROPOSED LOT COVERAGE

EXISTING LOT COVERAGE

PAYMAN BUILDING AND DEVELOPMENT

ADVANCED ENGINEERING

DON WIHLBORG DESIGN
SQ.FT.
%
SQ.FT.

SQ.FT.

SQ.FT.

SQ.FT.

SQ.FT.

SQ.FT.
12082
13733
2000
6540
235
2200
235
277
3 2
30 R3
120873
APN:

BASE ZONING:

CONSTRUCTION TYPE:

MAIN BUILDING
COVERED PORCH 1

GAME ROOM/CAFETERIA

MAIN BUILDING
GYM
GARAGE

POOL HOUSE

TOTAL LOT COVERAGE

NUMBER OF PARKING SPACES (EXISTING)

NUMBER OF BUILDINGS ON LOT (PROPOSED)
MAIN 2ND FLOOR PLAN - EXISTING & PROPOSED

SITE PLAN - PROPOSED
A104
A103
A101
SHADOW STUDY4
A206

GARAGE ELEVATIONS - PROPOSED

MAIN ELEVATIONS WEST - EXISTING & PROPOSED
A204
A201
A107
A060
PHOTOS (OUTDOOR)A080

ABBAS MASH

POOL EQUIPMENT ROOM PLAN, ELEVATION &

SECTION

SITE SECTIONS
ARCHITECT:

PAYMUN BUILDING AND DEVELOPMENT

IN COLLABORATION WITH

JONATHAN RACHMAN DESIGN
A105TEL: 925-587-2140

PAYMUN BUILDING AND DEVELOPMENT

IN COLLABORATION WITH
_EDIT
A302
1960 SAN ANTONIO AVENUE
A070 PHOTOS (MAIN HOUSE)

GARAGE PLANS - PROPOSED

POOL HOUSE PLANS - PROPOSED
A202

CAFETERIA - DEMOLITION

GYMNASIUM PLANS - EXISTING

MAIN ELEVATIONS NORTH & SOUTH - EXISTING

MAIN ELEVATIONS EAST - EXISTING & PROPOSED
A109
4 GARAGE AND POOL HOUSE RENDERING
A101B
A901

ENLARGED SITE PLAN

CALIFORNIA ELECTRICAL CODE

MAIN ROOF PLAN - EXISTING & PROPOSED

CALIFORNIA BUILDING CODE

CALIFORNIA MECHANICAL CODE

SITE PLAN - EXISTING

PROPOSED LOT COVERAGE

NUMBER OF PARKING SPACES (PROPOSED)

TOTAL EXISTING AREA

TOTAL EXISTING AREA
COVERED PORCH 2
GYM

BUILIDNG STORIES

TOTAL LOT AREA
COVERED PORCH 2
ADDRESS:

R1-H
12969
BERKELEYLOCAL JURISDICTION:
10 2
443
2200
6540
5 FT.
10 SQ.FT.
1321
SQ.FT.

SQ.FT.

SQ.FT.

SQ.FT.

SQ.FT.

SQ.FT.
13 SEMINOLE AVE
TEL: 925 516 3502
3381 WALNUT BLVD, SUITE 220
25 ORINDA WAY, SUITE 200
1960 SAN ANTONIO AVENUE,
BERKELEY CA 94707
2022
2022

CALIFORNIA GREEN BUILDING CODE
2022
2022
2022

16. 15.

20. 11.

8. 9.

CONTRACTOR SHALL COORDINATE THE LOCATION OF THE LIGHTING, HVAC OUTLETS, ALONG WITH THE CEILINGS AND SOFFITTS BEFORE CONSTRUCTION BEGINS.

7. 12.

3. A010

1. L1

4. GENERAL INFORMATION

GRADING & DRAINAGE

PLANTING PLAN
A050
277
519
GENERAL CONTRACTOR:

ORINDA, CA 94563
25 ORINDA WAY, SUITE 200

IRRIGATION PLAN
IRRIGATION DETAILL2
L3

2. 6.

THE CONTRACTOR AND HIS SUBCONTRACTORS SHALL TAKE CAUTION WHEN WORKING AROUND THE EXISTING UTILITIES AND UNDERGROUND LINES.

10. THE CONTRACTOR SHALL COORDINATE WITH OWNER ALL NON ITEMS NOT SHOWN ON DRAWINGS.

18. 22.
2022

CALIFORNIA ENERGY CODE
ORINDA, CA 94563
TEL: 925-587-2140
TEL: 415 924 4466
SQ.FT.
%
SQ.FT.

14. 12969
519
62-2916-60-4

VB NON SPRINKLERED

TOTAL BUILDING FOOTPRINT

BUILDING HEIGHT
SHED
GARAGE

GAME ROOM
SQ.FT.

NUMBER OF PARCELS ON LOT (EXCLUDES
PARCEL 4, 639 ARLINGTON, SHOWN ON

SURVEY)

SITE PLAN - SIMPLIFIED
MAIN 1ST FLOOR PLAN - EXISTING & PROPOSED
SHED
SQ.FT.

SITE SECTIONS

POOL HOUSE ELEVATION - PROPOSED
A203
4 A105A
A106
25 ORINDA WAY, SUITE 200
A205
A102
A101C

PROJECT DIRECTORY

PROJECT DATA

BUILDING CODE SCOPE OF WORK

GENERAL NOTES

SPRING MANSION
BERKELEY, CA 94707
1960 SAN ANTONIO AVENUE

SHEET INDEX

ABBAS MASH
05/13/2023

SPRING MANSION
BERKELEY, CA 94707
1960 SAN ANTONIO AVENUE

PAYMUN BUILDING &
DEVELOPMENT, Inc.

REVISION DATE

PLANNING SUBMITTAL I

SADAF DAYLAMI
DESIGNER & DRAFTER :

AS INDICATED
Attachment 1, Exhibit B

4 A020

GENERAL INFORMATION
O.C.

MISC
P.LAM.

REFERENCE

ROOF DRAIN
W.W.M
W.M.

TEL

STORAGE
T.O.

SHEET
Detail Number

THIS PROJECT IS LOCATED IN A LOCAL RESPONSIBILITY AREA VERY HIGH FOR WILDFIRE PROTECTION, ROOFING, ATTIC

VENTILATION, EXTERIOR WALLS, WINDOWS, EXTERIOR DOORS, DECKING, FLOORS, AND UNDERFLOOR PROTECTION TO MEET CRC R337 REQUIREMENTS.

SECTION:

MULTI-PANE GLAZING WITH ONE PANE TEMPERED
ROOF

NOT IN CONTRACT

AREA DRAIN

APPROXIMATE

FIRE HOSE CABINET

ACOUSTIC TILE

CAST IRON
EQUAL

FIRE EXTINGUISHER CABINET

CEILING

EMERGENCY
ANGLE
CAB.

APPROX.

EQ.

E.W.P.

FLUOR.

ANGLE
F.A.

FOOTING

HOSE BIBB
FURR.

HR
JAN
LBS
LTG
CLR.

MH
MIN
MAX
MUL
M.D.F.

O.D.

NOM
OPP
N.T.S.

GND.

GL.

PERP
PROP

POLYVINYL CHLORIDE
PL
RADIUS
WP
REFR

GALVANIZED
W.O.

W/D
W
VAR
V.C.T
TEMP
T.O.P.

UON
STEEL

SIMILAR
SCHED
S
S.E.D

SEISMIC JOINT
STRUC
REINF

PRIOR TO BUILDING PERMIT FINAL APPROVAL, THE PROPERTY SHALL BE IN COMPLIANCE WITH THE VEGETATION MANAGEMENT REQUIREMENTS PRESCRIBED IN CALIFORNIA FIRE CODE SECTION 4906, INCLUDING CALIFORNIA PUBLIC RESOURCES CODE 4291 OR CALIFORNIA GOVERNMENT CODE SECTION 51182 PER CRC R337.1.5.

Sheet Number

MULTI-PANE GLAZING WITH ONE PANE TEMPERED

3. VENTILATION
1" THICK STUCCO WITH 1 HOUR FIRE RATING

DIAMETER

BUILDING

POUND OR NUMBER
CLOSET
#
C.B.

BLK.

FENCE ALL TREES TO BE RETAINED TO COMPLETELY ENCLOSE THE TREE PROTECTION ZONE PRIOR TO DEMOLITION, GRUBBING OR GRADING. FENCES SHALL BE 6 FT. CHAIN LINK WITH POSTS SUNK INTO THE GROUND OR EQUIVALENT.

AERAIL MAP
R337 WORKSHEET
REQ
RM
S.C.

S.J

SKY LIGHT
SQUARE
SUSP
THK
W.C.

W/O

RAIN WATER LEADER

REFLECTED CEILING PLAN
PAINT
PL
PERF
GALV.

OPNG
N.I.C.

LAV

HOT WATER
H.M.

F.S.

CLO.

F.E.

EXP.

EXPO
A.D.

ASB.

L

EXTERIOR

FLUORESCENT

CATCH BASIN

FACE OF FINISH
FUTURE
GA.

I.D.

KIT

CERAMIC

CENTERLINE
ABOVE

AGGREGATE

BITUMEN
BOTTOM
BEAM
CEMENT
BOARD

FLASHING
AT
FINISH

ASBESTOS

EXPOSURE

FIRE ALARM

ARCHITECTURAL

FIRE EXTINGUISHER

FOUNDATION

CAULKING

ELECTRIC PANELBOARD
COLUMN
BITUM

FLOOR DRAIN
C
@
CER.

FLAT BAR
ACOUS.

ALUMINUM
&
ABV.

AGGR.

BLDG.

BSE.

BM
F.O.C.

BD.

E.P.

ENCL.

EQUIP.

ARCH.

F.B.

F.E.C.

EMER.

CLG.

C.B.

COL.

FULL SIZE

FIREPROOF
GAGE
C.O.

FPRF
F.O.S.

FTG.

C.I.

HOLLOW CORE
AL.

F.O.F

HAND RAIL

HOLLOW METAL
HOUR

INSULATIONINSUL

JANITOR
HDR

LAMINATELAM
POUNDS
H.W.

MATL

MAXIMUM

KITCHEN

MANUFACTURERMFR

MINIMUM

MOUNTEDMTD

MULLION

MECHANICAL
NORTHN

NOT TO SCALE
MECH

NOMINAL
H.R.

NEW

OPERABLEOPER

OPPOSITE
PRESSURE TREATEDP.T.

GYPSUM BOARD
OFFICE
G.B.

GROUND
GYP. BD.

OFF

PERPENDICULAR

PROPERTY LINE
GLASS

PROPERTY

QUANTITY
PVC

R RISER
R.C.P

PLYWOOD
R.O. ROUGH OPENING
RAD
PLYWD

REFRIGERATOR

OUTSIDE DIAMETER
R.D.

WOODWD

WASHER / DRYER
WIRE WELDED FABRICW.W.F

WHERE OCCURS
WINDOW
WATER GLASSW.G.

WEST
WDW

VINYL COMPOSITION TILE

UNLESS OTHERWISE NOTED

WALL MOUNT

TYPICALTYP

TEMPERED
TOP OF WALLT.O.W.

TOP OF PLATE

UNFINISHED
TREADT

STRUCTURAL
UNF
STL

WATERPROOFING
TOP OF

SPEC SPECIFICATION
SIM

SHGT SHEATHING

SCHEDULE
SPF
STAINLESS STEELS.S.

SEE ELECTRCIAL DWGS

SPRAY FOAM INSULATION
SOUTH
ROOM

SEE STRUCTURAL DWGS

REVISIONREV

REINFORCED

DOOR TAG

WINDOW TAG
Detail Number

REGISTER
DETAIL:

Detail Number
BUILDING IS LOCATED IN AN LRA HIGH FIRE HAZARD SEVERITY ZONE. ALL EXTERIOR MATERIALS AND CONSTRUCTION METHODS SHALL MEET EXTERIOR WILDFIRE EXPOSURE STANDARDS.

RGTR

2. SQ
Sheet Number

EXTERIOR WINDOWS

MATERIAL

EXTERIOR DOORS
WOOD GARAGE AND WOOD EXTERIOR DOORS TO BE MIN 1 3/8" THICK SOLD CORE

IGNITION RESISTANT

CLOSED, NO VENTS

MASONRY OR CERAMIC
IF ROOTS 2 IN. AND GREATER IN DIAMETER ARE ENCOUNTERED DURING SITE WORK AND MUST BE CUT TO COMPLETE THE

CONSTRUCTION, THE CONSULTING ARBORIST MUST BE CONSULTED TO EVALUATE EFFECTS ON THE HEALTH AND STABILITY OF THE TREE AND RECOMMEND TREATMENT.

ANY ROOT PRUNING REQUIRED FOR CONSTRUCTION PURPOSES SHALL RECEIVE THE PRIOR APPROVAL OF AND BE SUPERVISED BY THE CONSULTING ARBORIST. ROOTS SHOULD BE CUT WITH A SAW TO PROVIDE A FLAT AND SMOOTH CUT. REMOVAL OF ROOTS LARGER THAN 2 IN. IN DIAMETER SHOULD BE AVOIDED.

ITEM

CLASS A - MODIFIED BITUMIN, SLATE AT POOL HOUSE OR APPROVED EQUAL

ON CENTER

DECKING MATERIALS
FIGURE 1. THE BLACK DOTTED LINES ARE THE TREE PROTECTION ZONE. WORK IN THIS AREA IS PROHIBITED.

THE TREE TREE PROTECTION ZONE SHOWN ON ALL PLANS SHALL BE FENCED TO ENCLOSE THE ENTIRE AREA (FIGURE 1). NO GRADING, EXCAVATION, CONSTRUCTION OR STORAGE OF MATERIALS SHALL OCCUR WITHIN THAT ZONE. NO UNDERGROUND SERVICES INCLUDING UTILITIES, SUB-DRAINS, WATER OR SEWER SHALL BE PLACED IN THE TREE PROTECTION ZONE. NO MOTORIZED EQUIPMENT SHALL BE USED IN THE TREE PROTECTION ZONE. THE LIMITS OF THE TREE PROTECTION ZONE WILL BE ADJUSTED FOLLOWING REVIEW OF GRADING AND CONSTRUCTION PLANS. FOR DESIGN PURPOSES, THE TREE PROTECTION ZONE SHALL BE DEFINED AS THE TREE DRIPLINE.

IGNITION RESISTANTUNDERFLOOR

UNDER EAVE

EXTERIOR SIDINGS AND SHEATHINGS

VICINITY MAP

1. 4.

WILDLAND-URBAN INTERFACE FIRE ZONE NOTES :

EXTERIOR/INTERIOR ELEVATION

ELEVATION HEIGHT
Sheet number

REQUIRED

REDWOODRWD

SOLID CORE
S.S.D

SECT SECTION
SHT
SL

STD STANDARD
STOR

SUSPENDED
TOP OF SLABT.O.S.

TELEPHONE
THICK

URINALUR
VARIES

WATER CLOSET
WATER RESISTANTW.R.

WOVEN WIRE MESH

WITHOUT

WEIGHTWT
REF
R.W.L
R.C. RESILIENT CHANNEL
QTY
PT
PLATE

PERFORATED

GRAB BAR

PAVINGPAV

PLASTIC LAMINATE

OPENING

NO NUMBER
N

METALMTL

MISCELLANEOUS

MANHOLE

MEDIUM DENSITY

FIBERBOARD

MATERIAL

LIGHTING

LAVATORY

INTERIORINT

INSIDE DIAMETER
HEADER
H.C.

H.B.

FUT.

FT.

FURRING

FOOT OR FEET

FACE OF STUDS
CLKG.

FON.

F.D.

EXT.

F.H.C.

FIN.

FL.

BOT.

ASPH.

A.T.

ADJ.

CEM.I

ELECTRIC WATER COOLER
CLEAR

CLEAN OUT

CORNER BOARD

EXPANSION

EQUOPMENT

ENCLOSURE

FACE OF CABINET

CABINET
BASE
BLOCK

ASPHALT

ADJUSTABLE

ACOUSTICAL
AND

WUIABBREVIATIONS SYMBOLS

MAPS TREE PROTECTION

ABBAS MASH
05/13/2023

SPRING MANSION
BERKELEY, CA 94707
1960 SAN ANTONIO AVENUE

PAYMUN BUILDING &
DEVELOPMENT, Inc.

REVISION DATE

PLANNING SUBMITTAL I

SADAF DAYLAMI
DESIGNER & DRAFTER :

AS INDICATED
1i
Elevation
Name
101
A101
Ref
1 Ref1
Ref
1 Ref1
SIM
A101
1 SIM
1 A101

N
?__
____
____
____
____
____
____
____
____
____
____
____
____
____
____
1"__
____
____
____
20__
____
____
____
____
____
____
____
____
____
____
____
____
____
____
________
____
____
60__
____
____
____
____
____
____
L.1

IRRIGATION PLAN

ABBAS MASH
05/13/2023

SPRING MANSION
BERKELEY, CA 94707
1960 SAN ANTONIO AVENUE

PAYMUN BUILDING &
DEVELOPMENT, Inc.

REVISION DATE

PLANNING SUBMITTAL I

SADAF DAYLAMI
DESIGNER & DRAFTER :

AS INDICATEDIRRIGATION PLAN
1/12" = 1'-0"
1 359
Mod
9858
Low
812 20
Mod
T
T
T
14428
Low
12314
Low
420 39
Mod
176 38
Low
126 37
Mod
375 36
Mod
174 25
Low
499 26
Mod
952 6
Low
1292 5
Low
12227
Mod
1817
Low
40810
Low
35511
Low
44612
Low
17613
Low
fm
R
F
M
T
T
T
T
T
T
T
T
T
T
T
T
993 4
Low
828 3
Low
146 2
Low
122 1
Low
112 24
Low
502 23
Mod
313 18
Low
597 16
Low
59 17
Low
10921
Mod
25222
Mod
32329
Mod
T T
179 31
Mod
T
TTT
TT
T
782 35
Mod
780 33
Mod
506 34
Mod
T
174 30
Mod
T
T
TTT
212 32
Mod
T
T
T
64 42
Low
74 43
Mod
164 41
Mod
117 40
Mod
T
TT T
T
T
T
T

L.2

IRRIGATION DETAILS

ABBAS MASH
05/13/2023

SPRING MANSION
BERKELEY, CA 94707
1960 SAN ANTONIO AVENUE

PAYMUN BUILDING &
DEVELOPMENT, Inc.

REVISION DATE

PLANNING SUBMITTAL I

SADAF DAYLAMI
DESIGNER & DRAFTER :

AS INDICATED

IRRIGATION

DETAILS & LEGEND
L.3

ABBAS MASH
05/13/2023

SPRING MANSION
BERKELEY, CA 94707
1960 SAN ANTONIO AVENUE

PAYMUN BUILDING &
DEVELOPMENT, Inc.

REVISION DATE

PLANNING SUBMITTAL I

SADAF DAYLAMI
DESIGNER & DRAFTER :

AS INDICATED

L.4

PLANTING PLAN

ABBAS MASH
05/13/2023

SPRING MANSION
BERKELEY, CA 94707
1960 SAN ANTONIO AVENUE

PAYMUN BUILDING &
DEVELOPMENT, Inc.

REVISION DATE

PLANNING SUBMITTAL I

SADAF DAYLAMI
DESIGNER & DRAFTER :

AS INDICATED

L.5

PLANTING

DETAILS & LEGEND

ABBAS MASH
05/13/2023

SPRING MANSION
BERKELEY, CA 94707
1960 SAN ANTONIO AVENUE

PAYMUN BUILDING &
DEVELOPMENT, Inc.

REVISION DATE

PLANNING SUBMITTAL I

SADAF DAYLAMI
DESIGNER & DRAFTER :

AS INDICATED

N
2%
477.0

ADJACENT
484
1%
467.5

SPRING MANSION
ELEV 471'
484
DRIVE
+
488'

RETAINING

ABOVE TREE ROOTS
477.0
476.8
476.4
473.8
473.0
473.9
4"
472.0 +
1%
473.9
1%
467.5
473.8
1%
1%
FFE 478.5
484
484
480
466.0

POOL HOUSE
1 STORY
476.8
FFE 471.67
1 STORY
473.0
466.0
477.5
TYP.

TW
481'

ANTONIO
466.0
466.0
DRIVE
1984 SAN
3 STORY
TW
TW
+

PROPERTY
+
482'
WALL
480
480

PERFORATE
TW

DRAIN LINE,
4" SOLID
477.0
+
LINE
476.4
476.4
473.0
473.9
479.00 +
473.0
2%
471.0
473.9
472.0 +
467.5
466.0
466.0
466.0
473.9
467.5
1%
467.5
473.0
473.0
473.8
476.4
476.4
1%
1%
GARAGE
FFE 478.43
POOL 50' X 16'
1%
16'-6" X 9'-2"
1960 SAN ANTONIO
486
478
482

ABOVE TREE ROOTS
488
641 SF
486
486
476.8
466.0
478.00 +

BELOW DECK
466.0

DECK PAVING
482
482
ELEV 461'

POOL EQUIPMENT
2000 SF
1%
476.4
476.4473.0
467.5
467.5
1%
466.0
+
1%
1%
471.0
473.9
473.8
473.0
476.8

D DRAIN
CURB
478
482
482'
TW
481.5'
+

DECK PAVING

FOUNTAIN
460
+472.0

GRADING & DRAINAGE
L.6
-3.83 CY

33.18 CY
132.36 CY

2.44 CY
Net cut/fill

TOPOGRAPHY SCHEDULE

60.57 CY

1.13 CY

0.00 CY

0.00 CY
130.59 CY

0.65 CY
-33.18 CY
-59.92 CY
-325.03 CY
-368.02 CY

0.00 CY325.03 CY

23.08 CY
Cut

0.00 CY

3.83 CY
500.38 CYTOTALS:

52.25 CY
-1.31 CY

78.34 CY
-23.08 CY
Fill
1/12" = 1'-0"

ABBAS MASH
05/13/2023

SPRING MANSION
BERKELEY, CA 94707
1960 SAN ANTONIO AVENUE

PAYMUN BUILDING &
DEVELOPMENT, Inc.

REVISION DATE

PLANNING SUBMITTAL I

SADAF DAYLAMI
DESIGNER & DRAFTER :

AS INDICATEDDRAINAGE PLAN1
10'-6"
47'-2"68'-7"
13'-10"
27'-4" 22'-10" 49'-9"
27'-1"
24'-0"
11'-8"
474
484
486
478
472
4 70
474
468
464
460
458
456
466
462
460
46 4
462
454
470
476
452
482
480
468
488
476
476
478
474
466
472

A060
PHOTOS

ABBAS MASH
05/13/2023

SPRING MANSION
BERKELEY, CA 94707
1960 SAN ANTONIO AVENUE

PAYMUN BUILDING &
DEVELOPMENT, Inc.

REVISION DATE

PLANNING SUBMITTAL I

SADAF DAYLAMI
DESIGNER & DRAFTER :

AS INDICATED

A070
PHOTOS
(MAIN HOUSE)

ABBAS MASH
05/13/2023

SPRING MANSION
BERKELEY, CA 94707
1960 SAN ANTONIO AVENUE

PAYMUN BUILDING &
DEVELOPMENT, Inc.

REVISION DATE

PLANNING SUBMITTAL I

SADAF DAYLAMI
DESIGNER & DRAFTER :

AS INDICATED

PHOTOS
(OUTDOOR)
A080

ABBAS MASH
05/13/2023

SPRING MANSION
BERKELEY, CA 94707
1960 SAN ANTONIO AVENUE

PAYMUN BUILDING &
DEVELOPMENT, Inc.

REVISION DATE

PLANNING SUBMITTAL I

SADAF DAYLAMI
DESIGNER & DRAFTER :

AS INDICATED

SIDE SETBACK 4'
SIDE SETBACK 4'
(25% OF 461')
115'-3" (25% OF 461')
SIDE SETBACK 4'

SETBACK
115'-3"
SIDE SETBACK 4'
FRONT
FRONT SETBACK 115'-3"
(25% OF 461')
SIDE SETBACK 4'

FRONT SETBACK
%%
916=26°54'05"

EXISTING
B

UILDING

PEDESTRIAN ACCESS EASEMENT
PER (2010-204026)

PEDESTRIAN ACCESS

EASEMENT
PER (2010-204026)
14' WIDE ACCE
SS
EASE
MENT
PER (2009-
152351
)
5' W

IDE UTILITY EASEME
NT
PER (2009-1
52351)
5' W

IDE UTILITY EASEM
ENT
PER (2009-
152351)
5' W

IDE UTILITY EASEM
ENT
PER (2009-
152351)
PARC
EL 2
APN:062-
2916-
059-
05 AREA =
9,182±
SQ. FT.

PARC
EL 3
APN:062-
2916-
060-
04 AREA =
11,733±
SQ. FT.

PARC
EL 4
APN:062-
291-
060-
05 AREA =
9,291±
SQ. FT.

TOP
TOP
TOP
TOP
449.83
450.05
447.11
444.84
F.F.
459.57
8"TREE
10"TREE
469.85
479.54
T/W
T/W
T/W
462.92
462.56
462.67
GARAGE
GARAGE
GARAGE
GARAGE
GARAGE
477.40
478.65
476.69
477.06
476.15
J.P.

GUY
488.36
488.58
F.H.

W
.V.

W
.M
.
486.48
486.18
477.46
FENCE
FENCE
FENCE
FENCE
FENCE
FENCE

FENCE FENCE
FENCE
FENCE
FENCE
FENCE
FENCE
FENCE
FENCE
FENCE
FENCE
FENCE
490.99
490.68
491.59
488.59
488.58
487.42
482.36
483.30
485.17
484.05
488.80
484.53
480.85
477.95
474.55
466.29
445.86
445.43
DETAIL

NOT TO SC
ALE
420
420
430
440
440
450
450
450
460
460
460
470
470
470
480
480
480
480
480
490
490
440
430
OHW
OHW
14" C
LUSTER
14" C
LUSTER
16" STUM
P

13.1'

19.9'

28. 4'

19.2 '

7.1'

9.9'

6.1'

5.8'

61.2'

75.1'

49.8'

83.53'

29.79'

37.15'

79.70'

84.64'

35.66'
S77°
33'30"W

5.00'

19.74'
137.60'

23.01'

23.03'
115.80'

46.72'
104.84'
N69°
14'40"E

5.66'

40.87'

28.01'

60.68'

15.32'

53.04'

53.03'

28.98'

7.68'

58.03'

18.97'

17.39'35.12'40.83'
N31°06'25"W

20.57'
N12°40'44"E
114.09'
N07°09'46"E

59.19'
S12°26'30"E149.51'
S12°26'30"E150.37'

58.71'

54.38'

79.27'

78.48'

70.23'

71.89'

39.19' 60.79'

46.09'27.36'

50.70'

39.57'

41.60'
N12°26'30"W

15.95'
L=59.32'

60.28'

89.56'

83.30'
107.02'
N68°28'45"W
131.01' (131.13')

CALCULATED

BASIS OF BEARINGS
N28°53'45"E

15.09'
N11°41'08"E (R)
S87°
59'21"W
(R)
12" OAK
26" PALM
12" OAK
12" OAK
6" DRAINPIPE
D.I.

E.M
.

G.M
.
14" OAK

DRAINAGE
POND

MEDIAN CURB

MEDIAN CURB

CONCRETE SIDEWALK

CONCRETE S

IDEWALK

CONCRETE SIDEWALK
STONE
W
ALL
WOOD
WALL
ROCK
WALL
W
OOD
DEC
K

EXISTING H
OUSE
#637 ARLINGTON AVENUE

EXISTING
B

UILDING
#639 ARLINGTON
AVENUE
B
RIC
K
PATIO
ROCK
WALL

ROCK WALL

CONCRETE WALL

CONCRETE W
ALL

CONCRETE

DRIVEWAY
ASPH
ALT DR
IVEWAY
C

HAIN LINK FENC
E
CHAIN
LINK
FENCE

EXISTING
B

UILDING

EXISTING H
OUSE
#675 ARLINGTON AVENUE
C
H

AIN LINK FENCE
W

IRE FENC
E
C
ONC
RETE
TENNIS
C
OURT
B

ROKEN AND
B

URIED C
ONC
RETE

CHAIN LINK FENCE
C
ONC
RETE
W
ALL

EXISTING
B

UILDING

STONE PATH
LARGE
ROC
KS
STONE
W
ALL
C
ONC
RETE
W
ALL
C
ONC
RETE
W
ALL
C
ONC
RETE W
ALL
C
ONC
RETE W
ALL

ASPHALT
DRIVEW
AY

ASPHALT
DRIVEW
AY
WO

OD AND WI
RE FE
NC
E
ROC
KS
W
IRE FE
NC
E

METAL FENCE

METAL FENCE
ROCKS

METAL FENCE

METAL FENCE

ASPHALT
DRIVEW
AY

ASPHALT
DRIVEW
AY

ASPHALT
DRIVEW
AY

ASPHALT
DRIVEW
AY

ASPHALT
DRIVEW
AY
C
ONC
RETE
W
ALL

CONCRETE WALL

CONCRETE
WALL

CONCRETE GUTTER

CONCRETE GUTTER
ASPH
ALT B
ER
M

ASPHALT
B
ERM

EXISTING
B

UILDING

EXISTING H
OUSE
#1984 SAN ANTONIO AVENUE

EXISTING H
OUSE
#1960 SAN ANTONIO AVENUE
&
#645 ARLINGTON AVENUE
C
ONC
RETE
W
ALL
C
ONC
RETE
W
ALL
B
RIC

K STEPPED PATH
C
ONC
RETE

LANDING
C
ONC
RETE
ENTRY
C
ONC
RETE
STEPS
C
ONC
RETE
STEPS
SPEED
B
UM
P
SPEED
B
UM
P

IRON PIPE W
ITH

ILLEGIB
LE TAG
B
EARS
N30°
31'W

0.71'
B
EARS
N12°
24'E

0.55'
B
EARS
N33°
13'W

0.64'
B
EARS
N18°
29'W

0.30'
B
EARS
N40°
42'W

0.17'
REB
AR W
ITH
NO C
AP
B
EARS
N62°
37'W

0.32'
B
EARS
N71°
35'W

0.30'
B
EARS
N79°
12'W

0.33'
B
EARS
N86°
08'W

0.41'
REB
AR W
ITH
NO C
AP
B
EARS
N84°
49'W

0.47'
B
EARS
N64°
08'W

0.30'

IRON PIPE W
ITH
TAG
"LS 5449"
B
EARS
N44°
29'W

0.93'

IRON PIPE
W
ITH

ILLEGIB
LE
TAG
B
EARS
N29°
04'W

0.87'
B
EARS
N31°
57'W

0.53'
B
EARS
N28°
52'W

0.55'
REB

AR AND C
AP
"RC
E 18650"
REB
AR W
ITH
NO C
AP
B
EARS
N25°
18'W

0.55'

0.13'

7.14'
1/2" B
OLT
3/8" PIN
N69°
14'
40"
E
110.
50 '
N20°45'20"W
N31°06'24"W

19.90'
N73°5
8'28"E
144.88'
N48°19'22"EW

58.61'
S47°55'41"E

78.80'
N01°24'50"W 7.98'
S78°1
8'5
2"
E

36. 66
'
R=164.00' L=77.00'
S77°
33'30"W
512.81'
S12°26'30"E93.34'
N11°31'00"E
162.52'
R=201.00'%%916 =13°31'39"
L=47.46'
R=

84.96'
L=

6.90'
\U+
0394=
4°
39'11"
R=121.07'%%916 =21°47'18"
L=46.04'

9.25'
R=200.00'
%%916
=30°23'11"
L=106.07'
N12°40'44"E

49.17'
N07°09'46"E
109.46'
N77°35'00"E 99.98'
N69°
05 '24
"E
131
.87'
N77°35'00"E 73.45'
N69°
05 '24
"E

6.12'
x
x
H
Y
D
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
FENCE
482.21
482.49
481.88
481.84
FENCE
FENCE
FENCE
2 0
%%916
'

0. 051=R
" 92' 93°2
=
#12
#6
#1
#8
#2#11
#3
#10
#9
#7
#5 #4
14"OAK
470.86
40" STUM
P
434.31
24" STUM
P
426.12
24" STUM
P
432.64
12" CLUSTER
434.76
34" STUM
P
438.30
14" TREE
429.91
22" CLUSTER
429.01
6" TREE
426.23
30" CLUSTER
430.14
10" TREE
431.69
4" TREE
434.43
30" CLUSTER
428.36
6" TREE
428.23
10" OAK
428.77
10" OAK
429.49
8" OAK
430.43
14" OAK
431.70
6" OAK
431.53 6" OAK
432.12
BLDG.
436.63
14" OAK
426.55
80" CLUSTER
430.50
6" OAK
424.95
30" STUM
P
420.27
20" STUM
P
419.31
8" OAK
419.41
4" TREE
418.07
28" OAK
416.84
12" OAK
417.22
16" OAK
419.70
8" OAK
421.38
12" OAK
421.19
12" OAK
421.26
22" OAK
422.18
40" CLUSTER
431.03
14" OAK
430.20
12" TREE
432.11
12" TREE
432.56
12" CLUSTER
429.35
10" TREE
430.34 8" TREE
431.30
434.84
30" YUCCA
434.85
30" YUCCA
436.76
20" YUCCA
435.57
16" REDW
OOD
439.30
30" REDW
OOD
439.44
FENCE
437.14
436.50
30" TREE
437.29
20" STUM
P
441.49
8" STUM
P
440.91
20" OAK
440.76
8" TREE
442.97
8" OAK
442.71
16" OAK
443.44
14" TREE
443.52
12" TREE
443.70
12" TREE
448.84
22" STUM
P
453.16
6" OAK
458.95
12" PALM
460.9918" TREE
460.80
12" OAK
462.06
18" OAK
463.33
16" OAK
464.65
20" STUM
P
444.93
8" CLUSTER
444.4618" CLUSTER
444.94
6" TREE
443.23
10" TREE
443.39
22" OAK
441.69
10" STUM
P
441.88
12" TREE
440.51
8" PALM
440.22
12" OAK
437.96
10" TREE
439.62
6" TREE
437.78
12" TREE
437.33
6" TREE
437.34
22" OAK
434.60
12" TREE
439.78
8" TREE
440.92
16" TREE
441.21
16" TREE
442.68
26" TREE
443.79
12" OAK
446.39
10" TREE
448.63
16" C
LUSTER
448.74
16" TREE
450.11
16" TREE
449.21
22" STUM
P
448.28
40" STUM
P
448.78
16" TREE
449.45
24" STUM
P
449.01
18" TREE
447.73
26" STUM
P
447.80
22" STUM
P
447.80
22" STUM
P
449.58
34" EUCALYPTUS
450.59
48" STUM
P
452.58
18" STUM
P
454.60
14" OAK
455.51
8" TREE
452.4718" TREE
453.28
12" OAK
451.50
8" OAK
453.95
6" OAK
452.99
18" CLUSTER
447.23
16" TREE
449.81
4" TREE
449.48
6" PALM
449.87
6" PALM
449.88
6" PALM
449.98
10" PALM
450.36
12" OAK
449.20
20" STUM
P
447.96
16" TREE
448.31 4" TREE
451.964" TREE
451.65
4" TREE
453.51
20" TREE
454.21
24" STUM
P
451.18
40" EUCALYPTUS
449.93
4" TREE
449.25
4" TREE
449.86
4" TREE
450.79
8" OAK
451.10
6" OAK
455.89
8" TREE
454.74
22" TREE
455.858" O
AK
456.10
8" TREE
453.87
12" TREE
452.73
12" STUM
P
451.89
6" TREE
451.38
12" CLUSTER
452.24
20" CLUSTER
452.96
8" P
ALM
456.05
6" TREE
456.43
10" TREE
457.01 36" TREE
457.97
16" PALM
457.83
20" TREE
457.54
18" PALM
460.57
12" OAK
459.66
8" OAK
459.6212" PALM
459.57
12" PALM
461.82
14" PALM
460.43
18" TREE
460.52
10" OAK
463.49 6" OAK
463.71 8" T
REE
465.29
36" TREE
465.89
14" PALM
464.17
14" PALM
463.18
12" PALM
462.89
28" TREE
463.11
12" TREE
457.23
8" PALM
458.87
8" PALM
460.25
8" TREE
461.05
8" TREE
461.39
14" PALM
461.74
8" PALM
462.83
24" STUM
P
466.21
16" PALM
464.57
18" PALM
465.73
18" PALM
465.74
6" TREE
460.96
6" TREE
460.81
20" TREE
459.734" TREE
459.01
6" TREE
461.81
32" CLUSTER
463.28
20" OAK
6" CLUSTER
472.72
6" TREE
467.01 8" CLUSTER
466.48
6" TREE
467.66
18" PALM
467.74
16" OAK
467.47 24" TREE
467.91
24" STUM
P
16" PALM
469.93
20" PALM
469.56
8" TREE
468.51
6" TREE
466.79
8" TREE
468.33
12" PALM
467.62
30" TREE
469.60
14" PALM
469.52
12" OAK
469.45
12" PALM
471.43
30" STUM
P
12" TREE
469.44
6" TREE
470.11 12" TREE
471.27
4" TREE
472.55
24" PALM
473.11
16" OAK
473.32
16" PALM
472.86
20" STUM
P
16" TREE
476.03
14" OAK
476.70
4" T
REE
476.50
12" CLUSTER
480.33
6" TREE
479.12
8" TREE
474.81
30" TREE
475.42
12" CLUSTER
476.07
18" CLUSTER
476.31
14" TREE
477.46
5" TREE
481.40
5" TREE
481.44
4" TREE
480.60
16" OAK
479.45
8" OAK
479.14
10" TREE
475.11
10" OAK
478.40
20" OAK
478.53
12" PALM
462.33 14" PALM
463.70
16" TREE
462.27
6" CLUSTER
462.52
6" CLUSTER
462.54
34" STUM
P
12" PALM
464.10
20" PALM
463.87
8" CLUSTER
453.78
12" TREE
459.28
12" OAK
459.56
12" CLUSTER
459.90
11" TREE
460.29
30" TREE
457.16
18" CLUSTER
454.40
24" OAK
460.04
6" OAK
461.32
18" CLUSTER
450.84
9" OAK
450.90
18" PINE
455.30
23" TREE
454.67
12" OAK
456.32
8" TREE
455.32
8" TREE
458.26
28" PALM
458.10
19" PINE
459.198" TREE
459.92
9" TREE
459.24
24" PINE
459.85
30" PALM
461.20
26"PALM
462.42
14" PALM
6" OAK
456.47
6" OAK
456.13
10" PALM
448.20
40" STUM
P
448.16 26" STUM
P
448.33
20" STUM
P
446.47
16" OAK
442.85
10" OAK
440.64
18" PALM
445.72
8" OAK
446.22
4" OAK
447.36
6" TREE
452.62 6" TREE
452.37
8" OAK
451.48
8" TREE
451.95
6" TREE
453.16
12" TREE
453.13
10" TREE
450.57
10" TREE
450.25
8" TREE
447.37
16" OAK
445.29
6" OAK
444.27
30" OAK
438.80
6" OAK
434.54
20" TREE
434.86
18" OAK
438.04
20" CLUSTER
439.92
10" OAK
441.76
6" OAK
444.53
20" OAK
447.50
16" TREE
455.61
14" OAK
448.72
4" TREE
447.76
40" EUCALYPTUS
30" EUCALYPTUS
444.83
40" EUCALYPTUS
443.60
6" TREE
443.21
10" OAK
447.27
12" PALM
450.67
6" OAK
450.60
10" OAK
455.87 6" OAK
456.30
30" PINE
458.02
10" OAK
456.59 7" OAK
454.71
8" OAK
453.14
4" OAK
453.00
12" OAK
451.80
6" OAK
452.23
8" OAK
458.46
14" OAK
459.34
24" OAK
465.59
22" OAK
467.35
9" YUCCA
466.92
7" REDW
OOD
464.27
5" REDW
OOD
461.98
10" OAK
454.07
14" OAK
456.47
18" OAK
455.92
8" OAK
457.08
6" OAK
463.09
16" OAK
459.02
10" OAK
459.73
8" PALM
461.93
30" PALM
467.35
16" PALM
469.11
12" OAK
466.22
16" PALM
466.19
34" STUM
P
466.07
14" PALM
465.85
14" PALM
467.36
8" O
AK
466.60
14" PALM
467.82
14" PALM
470.04
14" PALM
471.26
14" PALM
469.38 50" OAK
467.45
8" OAK
464.79
30" STUM
P
466.98
30" CLUSTER
465.28
6" TREE
468.12
14" TREE
467.93
8" OAK
469.72
14" PALM
469.98
14" PALM
473.38
5" OAK
472.48
15" PALM
472.638" TREE
474.40
14" OAK
476.32
20" PALM
477.34
16" PALM
474.57
6" TREE
475.47
12" PALM
475.72
12" TREE
479.50
16" PALM
476.38
20" PALM
476.65
24" YUCCA CLUSTER
480.45
18" PALM
477.23
18" PALM
478.23
16" YUCCA
477.70
40" YUCCA CLUSTER
478.3812" YUCCA CLUSTER
479.34
10" TREE
479.37
30" YUCCA CLUSTER
478.97
70" YUCCA CLUSTER
480.83
24" CONIFER
476.58
24" PALM
481.47
24" PALM
480.43
14" STUM
P
478.64
24" STUM
P
480.76
6" OAK
483.57
12" STUM
P
483.09
8" OAK
482.99
6" TREE
484.25
5" TREE
483.12
8" CLUSTER
483.16
6" TREE
483.69
30" STUM
P
481.08
30" STUM
P
482.0
0 20" OAK
481.98
22" STUM
P
483.11
8" YUCCA
486.21
30" STUM
P
486.79
30" EUCALYPTUS
489.45
12" STUM
P
487.936" OAK
488.49
8" OAK
488.36
8" CLUSTER
487.74
80" CLUSTER
487.26
6" YUCCA
490.30
10" YUCCA
490.30
10" YUCCA
490.27
12" TREE
486.69
N

MIDPOINT

EXISTING

PAVEMENT
INLET
894 SF

EXISTING BRICK BUILDING TO BE

RETURN TO ORIGINAL

ARLINGTON AVE
NUE
HOUSE
REMOVE
REMOVE
AC

FENCE & GATE

WALL AND BALUSTRADE TO

EXISTING

CONCRETE

LOT DEPTH

PIPE AND DRAIN

EXISTING
177 SF
REMOVE
3308 SF
1350 SF

REMOVE EXISTING
2133 SF

EXISTING

DEMOLISHED
BRICK PATH 185SF

SAME AREA TO NORTH

DEMOLISHED

SUBJECT PROPERTY
478.18
1342 SF

CONCRETE

EXISTING EXISTING
STAIRS

MIDPOINT
OF PL
OF PL
TREES, TYP (17)
REMOVE

EXISTING DRAIN
STUMPS, TYP (9)

REMOVE EXISTING
GUTTER
631 SF
REMOVE
2261 SF
REMOVE

EXISTING

PAVEMENT

EXISTING

CONCRETE

EXISTING

CONCRETE

CONCRETE
1387 SF
REMOVE

EXISTING
STAIRS

EXISTING

REMOVE EXISTING
STAIRS
REMOVE
REMOVE

REMOVE EXISTING

CONCRETE WALLS AND

STEPS TO BE
ADJACENT PROPERTY 639

ARLINGTON/CARRIAGE

GARAGE TO BE

REMOVE EXISTING

REPAIRED IN KIND AND TERRACE TO

RETURN TO ORIGINAL CONDITION AND

CONSTRUCTION AND MIRROR
1960 SAN ANTONIO
AVENUE

MIRROR TERRACE AREA TO NORTH

EXISTING

CONCRETE
902 SF

EXISTING AC

DEMOLISHED BALUSTRADES TO BE

SAN ANTONIO AVENUE
473.5
REMOVE

CONCRETE

REMOVEREMOVE

CONCRTE

REMOVE EXISTING
REMOVE
CONCRETE 1219 SF
A301
1 A302
1 4
4 4
4 4
4 SITE PLAN - EXISTING
A100
FIGURE 1. THE BLACK DOTTED LINES ARE THE TREE PROTECTION ZONE. WORK IN THIS AREA IS PROHIBITED.

2. THE TREE TREE PROTECTION ZONE SHOWN ON ALL PLANS SHALL BE FENCED TO ENCLOSE THE ENTIRE AREA (FIGURE 1). NO GRADING, EXCAVATION, CONSTRUCTION OR STORAGE OF MATERIALS SHALL OCCUR WITHIN THAT ZONE. NO UNDERGROUND SERVICES INCLUDING UTILITIES, SUB-DRAINS, WATER OR SEWER SHALL BE PLACED IN THE TREE PROTECTION ZONE. NO MOTORIZED EQUIPMENT SHALL BE USED IN THE TREE PROTECTION ZONE. THE LIMITS OF THE TREE PROTECTION ZONE WILL BE ADJUSTED FOLLOWING REVIEW OF GRADING AND CONSTRUCTION PLANS. FOR DESIGN PURPOSES, THE TREE PROTECTION ZONE SHALL BE DEFINED AS THE TREE DRIPLINE.

IF ROOTS 2 IN. AND GREATER IN DIAMETER ARE ENCOUNTERED DURING SITE WORK AND MUST BE CUT TO COMPLETE THE

CONSTRUCTION, THE CONSULTING ARBORIST MUST BE CONSULTED TO EVALUATE EFFECTS ON THE HEALTH AND STABILITY OF THE TREE AND RECOMMEND TREATMENT.

3. 4.

ANY ROOT PRUNING REQUIRED FOR CONSTRUCTION PURPOSES SHALL RECEIVE THE PRIOR APPROVAL OF AND BE SUPERVISED BY THE CONSULTING ARBORIST. ROOTS SHOULD BE CUT WITH A SAW TO PROVIDE A FLAT AND SMOOTH CUT. REMOVAL OF ROOTS LARGER THAN 2 IN. IN DIAMETER SHOULD BE AVOIDED.

1. FENCE ALL TREES TO BE RETAINED TO COMPLETELY ENCLOSE THE TREE PROTECTION ZONE PRIOR TO DEMOLITION, GRUBBING OR GRADING. FENCES SHALL BE 6 FT. CHAIN LINK WITH POSTS SUNK INTO THE GROUND OR EQUIVALENT. 1 ABBAS MASH
05/13/2023

SPRING MANSION
BERKELEY, CA 94707
1960 SAN ANTONIO AVENUE

PAYMUN BUILDING &
DEVELOPMENT, Inc.

REVISION DATE

PLANNING SUBMITTAL I

SADAF DAYLAMI
DESIGNER & DRAFTER :

AS INDICATED
1/24" = 1'-0"

SITE PLAN - EXISTING
46 0'-11"
512'-10"