Agenda packet — Berkeley City Council, September 10, 2024 (part 1 of 7)

Tuesday, September 10, 2024 REVISED AGENDA Page 1

R E V I S E D AG E N D A
( A D D E D T E L E C O N F E R E N C E L O C A T I O N )

BERKELEY CITY COUNCIL MEETING
Tuesday, September 10, 2024
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 1404 LE ROY AVENUE, BERKELEY, CA 94708 TELECONFERENCE LOCATION – 17 E MONROE STREET, CHICAGO, IL 60603

JESSE ARREGUIN, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – CECILIA LUNAPARRA DISTRICT 4 – IGOR TREGUB DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in -person attendance and virtual participation . Live captioned broadcasts of Council Meetings are available on B -TV (Channel 33) and via internet video stream at http://berkeley.granicus.com/MediaPlayer.php?publish_id=1244. All Council meetings are recorded.

To access the meeting remotely use this UR L: https://cityofberkeley-info.zoomgov.com/j/1607838997. To request to speak, use the “raise hand” function in Zoom. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 160 783 8997 . To provide public comment, Press *9 and wait to be recognized by the Chair. To submit a written communication for the public record, email [email protected].

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

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

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

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

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

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Tuesday, September 10, 2024 REVISED AGENDA Page 2
Preliminary Matters
Roll Call:

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

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

1. Pledge of Allegiance
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.

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Tuesday, September 10, 2024 REVISED 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.

Recess Items

1. Grant Application: Local Transportation Climate Adaptation Program (LTCAP) for the Interstate 80 Aquatic Park Lagoon Tidetube Culvert Resiliency Project From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to submit a grant application to the state Local Transportation Climate Adaptation Program (LTCAP) for the Aquatic Park Tidetube Culvert Resiliency Project; accept any grants; execute any resulting grant agreements and any amendments; and that Council authorize the implementation of the projects and appropriation of funding for related expenses, subject to securing the grants.

Financial Implications: $3.2 million in grant revenue.

Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

2. Grant Application: U.S. DOT – Charging and Fueling Infrastructure Discretionary Grant – South Cove West Parking Lot Renovation and EV Charging Project
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to submit a grant application to the U.S. DOT Charging and Fueling Infrastructure (CFI) Discretionary Grant program for the South Cove West Parking Lot Renovation and EV Charging Project.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

Rev - 3

Consent Calendar
Tuesday, September 10, 2024 REVISED AGENDA Page 4

3. Lot Line Adjustments at 1401 Carleton Street and 1423 Ward Street From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,932-N.S. authorizing the City Manager to execute lot line adjustments with 1401 Carleton Street and 1423 Ward Street to resolve main dwelling encroachments at the City’s Santa Fe Trackbed to Park Conversion Project Site.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

4. Lease Agreement: Youth Musical Theater Company for the Live Oak Theater at 1301 Shattuck Ave
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,933-N.S. authorizing the City Manager to execute a lease agreement with Youth Musical Theater Company (YMTC) for the use and management of the City’s Live Oak Theater at 1301 Shattuck Avenue for a term of three years, anticipated to begin September 1, 2024 and ending August 31, 2027, with one five-year option.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

5. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of July 8, 2024 (special), July 9, 2024 (special and regular), July 22, 2024 (special), July 23, 2024 (specials and regular), July 29, 2024 (special), July 30, 2024 (special and regular) August 5, 2024 (special).

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

6. Contract: FileTrail, Inc. for Records Management Software System From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with FileTrail, Inc. for $178,653.47 for software licensing, maintenance, and related services for a records management software system, for a total contract amount not to exceed $178,653.47 and for the term from September 26, 2024 to September 26, 2029.

Financial Implications: General Fund - $178,653.47
Contact: Mark Numainville, City Clerk, (510) 981-6900

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Consent Calendar
Tuesday, September 10, 2024 REVISED AGENDA Page 5

7. Voting Delegates – League of California Cities Annual Conference From: City Manager
Recommendation: Designate, by motion, a voting delegate and alternate for the General Assembly of the Annual League of California Cities conference to be held on Friday, October 18, 2024, in Long Beach.

Financial Implications: See report
Contact: Mark Numainville, City Clerk, (510) 981-6900

8. City Council Rules of Procedure and Order Revisions (Reviewed by the Agenda & Rules Committee)
From: City Manager
Recommendation: Adopt a Resolution revising the City Council Rules of Procedure and Order to clarify and reorganize existing language, make technical corrections related to account for hybrid meetings; incorporate temporary provisions from Appendix C into the main body of the document; add revisions recommended by the Open Government Commission and approved by Council; Add new language and update existing language related to the legislative process recommended by the Agenda & Rules Committee; and rescinding any preceding amendatory resolutions.

Policy Committee Recommendation: To send the proposed amendments to the Rules of Procedure, as discussed and further amended on August 26, 2024, to the City Council with a positive recommendation.

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

9. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on September 10, 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 - $5,960,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300

10. Mental Health Services Act Fiscal Year 2025 Annual Update From: City Manager
Recommendation: Adopt a Resolution approving the Mental Health Services Act (MHSA) Fiscal Year 2025 Annual Update, which identifies uses of funds for mental health programming, and forwarding the Annual Update to appropriate State officials.

Financial Implications: See report.

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

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Consent Calendar
Tuesday, September 10, 2024 REVISED AGENDA Page 6

11. 2024 Local Housing Trust Fund Application
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to apply for and accept funds from the State of California's Local Housing Trust Fund program, in an amount not to exceed $5,000,000, and to apply such funds to the City's existing funding reservations for two projects at the North Berkeley BART (NBB) site: NBB East Bay Asian Local Development Corporation (EBALDC) Project and NBB BRIDGE Insight Permanent Supportive Housing (PSH) Project via the City's Housing Trust Fund program.

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

12. Contract No. 32300112 Amendment: Harold Dichoso for COVID-19 Outreach and Education
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to amend Contract No. 32300112 with Harold Dichoso, to extend the contract end date through June 30, 2025 and increase the not-to-exceed amount (NTE) by $63,928 utilizing one-time grant funds. The amendment will increase the NTE amount from $144,950 to $208,878.

Financial Implications: One-Time Fund - $63,928
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400

13. Contract No. 32200135 Second Amendment: Multicultural Institute for COVID- 19 Outreach and Education
From: City Manager
Recommendation: Adopt a Resolution amending Contract No. 32200135 with Multicultural Institute, to extend the contract end date through June 30, 2025, and increase the not-to-exceed amount (NTE) by $45,136 utilizing one-time grant funds.

The amendment will increase the NTE amount from $186,000 to $231,136.

Financial Implications: One-Time Fund - $45,136
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400

14. Contract No. 32500020 Amendment: ACAPMO for Technology PMO Services From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32500020 with company ACAPMO for Technology Program/Project Management Office (PMO) services, to allow for additional services and support for a total not to exceed $249,999 from August 1, 2024 to December 31, 2025.

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

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Consent Calendar
Tuesday, September 10, 2024 REVISED AGENDA Page 7

15. Contract No. 31900187 (Fund$ 10734) Amendment: ISP.NET (formerly LV.NET) for Secondary Internet for Redundancy and Load Balancing From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 31900187 (Fund$ 10734) with ISP.NET (formerly LV.NET) for redundant secondary internet services, increasing the contract amount by $84,000 for a total not-to-exceed amount of $362,000 from October 3, 2017 to June 30, 2026.

Financial Implications: Communications Services Fund - $84,000 Contact: Kevin Fong, Information Technology, (510) 981-6500

16. Contract No. 32100185 Amendment: Digital Hands for Cybersecurity Event Monitoring and Security Information and Event Management (SIEM) From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32100185 with Digital Hands, for Cybersecurity Event Monitoring and Security Information and Event Management (SIEM), increasing the contract by $1,037,372 for an increased total not to exceed amount of $2,033,489, from May 14, 2021 to June 30, 2027.

Financial Implications: IT Cost Allocation Fund - $1,037,372 Contact: Kevin Fong, Information Technology, (510) 981-6500

17. Contract No. 114159-1 Amendment: Tyler Technologies, Inc. for Computer Aided Dispatch (CAD) Software
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 114159-1 with Tyler Technologies, Inc. for an extension of the maintenance and support of Computer Aided Dispatch (CAD) software, increasing the amount by $645,173 for a total contract value not-to-exceed $2,934,123, and extending the term of the contract through June 30, 2026.

Financial Implications: General Fund - $645,173
Contact: Kevin Fong, Information Technology, (510) 981-6500

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Consent Calendar
Tuesday, September 10, 2024 REVISED AGENDA Page 8

18. Contract: With Roundstone Solutions Inc., an implementer of Nutanix Hyperconverged Technologies: Using State of California Department of General Services (DGS) Leveraged Procurement Agreement (LPA) for hardware, software, and services related to the Server Infrastructure Upgrade and Azure Disaster Recovery
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a Contract with Roundstone Solutions Inc., an implementer of Nutanix Hyperconverged Technologies, for the purchase of server hardware, software, and related services for a server infrastructure upgrade and disaster recovery enhancements, utilizing pricing established by the State of California Department of General Services (DGS) Leveraged Procurement Agreement (LPA), for a total amount not to exceed of $1,395,000 for the term August 1, 2024 through July 31, 2027.

Financial Implications: IT Cost Allocation Fund - $1,395,000 Contact: Kevin Fong, Information Technology, (510) 981-6500

19. Contract No. 32000223 Amendment: Gray Quarter, Inc. for Accela Professional Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32000223 with Gray Quarter, Inc. for professional services, increasing the amount by $50,000, for a total not-to-exceed amount of $299,500 through July 31, 2025.

Financial Implications: IT Cost Allocation - $50,000
Contact: Kevin Fong, Information Technology, (510) 981-6500

20. Dell Computers, Inc.: Contract # 319002070-Using County of Riverside Amendment No. 1 to the Licensing Solution Provider Agreement with Dell Marketing L.P. for Computer Hardware and Software Purchases From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to increase spending authority with Dell Computers, Inc. for the purchase of computer and server hardware, software, and related services, utilizing pricing and contracts, amendments, and extensions from the County of Riverside Amendment No. 1 to the Licensing Solution Provider for the period beginning November 1, 2019 through October 31, 2025 for an additional amount of $1,704,438 in Fiscal Year 2025 with a total Not-To-Exceed (NTE) contract amount of $5,411,676.

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

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Consent Calendar
Tuesday, September 10, 2024 REVISED AGENDA Page 9

21. Contract No. 099471-1 Amendment: Integrated Business Consultants of GA to Extend Term, Maintenance & Support for the PacSoft Marina Management System
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 099471-1 with Integrated Business Consultants of GA (“Reseller”) for: (1) additional software maintenance and (2) twenty (20) additional support hours, in an amount not to exceed $16,906.61 for a new not to exceed contract amount of $100,359.61, and extending the contract term through June 30, 2027.

Financial Implications: Marina Operations Fund - $16,906.61 Contact: Kevin Fong, Information Technology, (510) 981-6500

22. Contract No. 32400029 Amendment: Baldoni Construction Services, Inc. for Echo Lake Camp Accessibility Upgrades
From: City Manager
Recommendation: Adopt a Resolution increasing the amount for Contract No. 32400029 with Baldoni Construction Service, Inc. for the Echo Lake Camp Accessibility Upgrades Project by $120,000 for a total not to exceed amount of $556,954.

Financial Implications: General Fund - $120,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

23. Donation: Memorial Bench at the Berkeley Waterfront Pathway in memory of Ying Xiang Liu
From: City Manager
Recommendation: Adopt a Resolution accepting a cash donation in the amount of $3,400 for a memorial bench to be placed at the Berkeley Waterfront Pathway in memory of Ying Xiang Liu.

Financial Implications: $3,400 (donation)
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

24. Donation: Memorial Bench at the Berkeley Waterfront in memory of Obaidulla Khan
From: City Manager
Recommendation: Adopt a Resolution accepting a cash donation in the amount of $3,400 for a memorial bench to be placed at the Berkeley Waterfront in memory of Obaidulla Khan.

Financial Implications: $3,400 (donation)
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

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Consent Calendar
Tuesday, September 10, 2024 REVISED AGENDA Page 10

25. Mills Act Contract – 1401 Le Roy Avenue
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a Mills Act contract with Michael Greenwald and Ronna Bach for the City Landmark property at 1401 Le Roy Avenue.

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

26. Mills Act Contract – 60 Panoramic Way
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a Mills Act contract with Jordan Kanarek and Gabrielle Goldstein for the City Structure of Merit property at 60 Panoramic Way.

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

27. Mills Act Contract – 7 Greenwood Common
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a Mills Act contract with Anne and Michael Ray for the City Landmark property at 7 Greenwood Common.

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

28. Donation: Fusako Castro Estate to the Berkeley Police Department From: City Manager
Recommendation: Adopt a Resolution accepting a donation in the amount of $1,125.42 from the Fusako Castro Estate to the Berkeley Police Department.

Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900

29. Contract: All-Star Talent for Recruiting, Advertising, and Marketing Strategy for the Berkeley Police and Fire Departments
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with All-Star Talent for public safety recruiting and retention services from June 1, 2024 through May 30, 2028 and a not to exceed $1,313,482 with an option to extend for two additional two-year periods.

Financial Implications: Various Funds - $1,313,482
Contact: Jennifer Louis, Police, (510) 981-5900, David Sprague, Fire, (510) 981- 3473

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Consent Calendar
Tuesday, September 10, 2024 REVISED AGENDA Page 11

30. Revenue Grant: California Office of Traffic Safety (OTS) for the 2025 “Selective Traffic Enforcement Program (STEP) Grant
From: City Manager
Recommendation: Adopt a Resolution authorizing the Chief of Police to accept the "Selective Traffic Enforcement Program (STEP)" grant and enter into the resultant grant agreement and any amendments, with the California Office of Traffic Safety.

This OTS grant is for $255,000 for the period of October 1, 2024 through September 30, 2025, which is Federal Fiscal Year 2025.

Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900

31a. Recommendation Regarding Panoramic Hill Secondary Evacuation (Reviewed by the Public Safety Committee)
From: Disaster and Fire Safety Commission
Recommendation: Adopt a Resolution approving the development of a plan that includes a feasibility study and identification of funding sources for the construction of an emergency secondary egress road on Panoramic Hill. Such a plan could include discussions between the City of Berkeley, the City of Oakland, UC Berkeley, East Bay Regional Parks District and Alameda County and should also provide for continued contact with the Disaster and Fire Safety Commission (DFSC) as well as other related Berkeley Commissions as the Council determines.

Policy Committee Recommendation: To send the Commission item and the City Manager Companion Report to Council, and giving a positive recommendation to the City Manager Companion Report for City Council to adopt a Resolution directing the Fire Department to reach out to other impacted landowners to determine interest in pursuing, and coordinate costs sharing to conduct a feasibility study to identify a safe secondary evacuation and access route for the access impaired Panoramic neighborhood.

Financial Implications: See report
Contact: Keith May, Commission Secretary, (510) 981-3473

Rev - 11

Consent Calendar
Tuesday, September 10, 2024 REVISED AGENDA Page 12
31b. Companion Report: Recommendation Regarding Panoramic Hill Secondary Evacuation (Reviewed by the Public Safety Committee)
From: City Manager
Recommendation: Adopt a Resolution directing the Fire Department to reach out to other impacted landowners to determine interest in pursuing, and coordinate costs sharing to conduct a feasibility study to identify a safe secondary evacuation and access route for the access impaired Panoramic neighborhood. The results of the study should then be shared with the Public Safety Policy Committee.

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

32. Request for One Additional Meeting in 2024 due to Special Meeting to Address Insight Housing Allocation
From: Homeless Services Panel of Experts
Recommendation: That Council recommend to refer to the City Manager that one additional meeting be granted to the Homeless Services Panel of Experts (HSPE) in 2024.

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

33. Official Naming of the Concrete Planter at the Southeast Corner of Adeline St and Alcatraz Ave as the “Ms. Richie and Friends of Adeline Native Garden” From: Parks, Recreation and Waterfront Commission
Recommendation: Adopt a Resolution officially naming the concrete planter at the southeast corner of Adeline St and Alcatraz Ave as the “Ms. Richie and Friends of Adeline Native Garden”.

Financial Implications: None
Contact: Roger Miller, Commission Secretary, (510) 981-6700

Council Consent Items

34. Amending BMC 7.52.060 to include “Wildfire Hardening” in the Real Property Transfer Tax Exceptions
From: Councilmember Wengraf (Author), Councilmember Hahn (Co-Sponsor) Recommendation: Adopt the first reading of an Ordinance to amend Berkeley Municipal Code 7.52.060, Real Property Transfer Tax Exceptions, by adding Sub- section L, Wildfire Hardening, below Sub-section K, Seismic Upgrades.

Financial Implications: To be determined
Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160 Rev - 12

Council Consent Items
Tuesday, September 10, 2024 REVISED AGENDA Page 13

35. AC Transit Draft Final Plan
From: Councilmember Wengraf (Author), Mayor Arreguin (Co-Sponsor), Councilmember Hahn (Co-Sponsor)
Recommendation: Send a letter to AC Transit urging them to reconsider the frequency of service for bus lines 65 and 67 including restoration of weekend service.

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

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 Calendar 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 t han 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.

Rev - 13

Action Calendar – Public Hearings
Tuesday, September 10, 2024 REVISED AGENDA Page 14

36. Ambulance Transport Fee Increase
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution adjusting the Ambulance User Fee to match Alameda County’s approved ambulance user fee schedule made effective July 1, 2024, for the Cities of Alameda, Albany, Berkeley, and Piedmont and to adjust the First Responder Fee. The increase would be included as an updated addendum to the Ambulance Provider Agreement, and rescinding Resolution 71,063–N.S.

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

Council Action Items

37. Encampment Policy Resolution to Promote Healthy and Safe Neighborhoods and Related First Reading of Ordinance Amending Chapter 14.48 of the Berkeley Municipal Code
From: Councilmember Kesarwani (Author), Councilmember Wengraf (Co- Sponsor)
Recommendation: Adopt a resolution affirming that the City of Berkeley will continue to offer interim housing (i.e., a shelter offer, with a preference for non-congregate options) when closing encampments, in accordance with the City’s existing “Housing First” approach and best practices guidance from the federal government. In order to account for nuanced health and safety situations, the resolution allows for six specific exceptions to this practice, based on City staff experience.

Offering shelter and housing to homeless individuals is considered a best practice, according to the United States Interagency Council on Addressing Homelessness. It will continue to be the City’s practice to make shelter offers whenever practicable and to invest in more shelter options. However, in the event that the City cannot make a shelter offer, then the City Manager is nonetheless authorized to enforce, including the use of citation and arrest, only under the following circumstances:
-The Fire Department has determined that an encampment poses a fire hazard or emergency condition as referenced in the Berkeley Fire Code, Berkeley Municipal Code (BMC) Chapter 19.48; or
-The Environmental Health Division of the Health, Housing and Community Services Department has determined that the encampment poses an imminent health hazard as defined in BMC section 11.36.030; or
-The City has determined that a situation constitutes a public nuisance as defined in the BMC and is subject to an abatement pursuant to the BMC; or -The encampment is located on a City street median, in the roadway, or otherwise in dangerous proximity to traffic pursuant to BMC section 14.32.040; or -The encampment is located in an area where the City has authorized work (such as for construction, major or minor encroachments, etc.) pursuant to BMC section

13.36.045; or
-The encampment interferes with or impedes city or utility companies’ construction or maintenance activities in the public right-of-way, street lighting installation or repair, street tree maintenance, or utilities maintenance or repair.

Rev - 14

Council Action Items
Tuesday, September 10, 2024 REVISED AGENDA Page 15
The City Manager is authorized to take enforcement actions to deter re-encampment (after clearing an encampment involving any of the six instances enumerated above) through such means as hardscaping; signage that references state Penal Code Section 647(e) ; or citation and arrest, even if a shelter offer cannot be made.

Adopt revisions to BMC Chapter 14.48 (Ordinance No. 7632) on miscellaneous use of streets and sidewalks to delete portions of 14.48.020, 14.48.120A and 14.48.120B in order to give the City Manager authority to make conforming changes to Administrative Regulation 10.2 to effectuate the above-stated encampment policy.

Administrative Regulation 10.2 Regulating Temporary Non-Commercial Objects on Sidewalks and In Parklets Pursuant to BMC 14.48.120 is to be revised by the City Manager to enable enforcement of temporary non-commercial objects of less than nine-square-feet within less than 24 hours in a designated public area marked with signage to deter re-encampment.

Financial Implications: None
Contact: Rashi Kesarwani, Councilmember, District 1, (510) 981-7110

Information Reports

38. 2024-25 Housing Advisory Commission Work Plan
From: Housing Advisory Commission
Contact: Mike Uberti, Commission Secretary, (510) 981-7400

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

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

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

Communications to the City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service to the City Clerk Department at 2180 Milvia Street. If you do not want your contact information included in 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 Rev - 15

Tuesday, September 10, 2024 REVISED AGENDA Page 16
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 Milvia Street, First Floor Tel: 510-981-6900, TDD: 510-981-6903, Fax: 510-981-6901 Email: [email protected]

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

COMMUNICATION ACCESS INFORMATION:

This meeting is being held in a wheelchair accessible location.

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

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

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

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

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on September 5, 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 Clerk Department and through Records Online.

Rev - 16

Tuesday, September 10, 2024 REVISED AGENDA Page 17
Item #37: Encampment Policy Resolution to Promote Healthy and Safe Neighborhoods and Related First Reading of Ordinance Amending Chapter

14.48 of the Berkeley Municipal Code

1. Caroline Winnett

2. Tom Parrish

3. Steve Kromer

4. Peg Bogle

5. Jacques Janson

6. Dixon Brooke

7. Mary Law

8. Phil Allen

9. Chris Schalis

10. Steven S.

11. Gary Shoyama

12. Chia Zau

13. Dorothea Dorenz

14. David Rosen

15. Jim Liefer

16. Mark Rhoades

17. Mel

18. Tylee Holden

19. John Norheim

20. Susan Andres

21. Fabian Goericke

22. 48 Similarly-worded form letters

Specificity of Agenda Item Descriptions

23. Kitt Saginor, Chair, Open Government Commission

Mitigation Plan

24. Mary BehmSteinberg

25. Susan Schwartz, President, Friends of Five Creeks

Zoning Concerns

26. John J. Parman

27. Elke Glendenning

28. Clifford Fred

29. Joe Schlessinger

30. Miki Tal

31. James Cline

32. Arlene Taylor

33. Betsy Bigelow-Teller

34. Susan Nunes Fadley (2)

35. Audre Newman

36. Tyler Kennedy

37. Dean Pollycove
Rev - 17

Tuesday, September 10, 2024 REVISED AGENDA Page 18

38. Taya Monfried

39. Dorothea Dorenz

40. Gwen Martini

41. Lisa Bruce

42. John Rice

43. Rachel Bradley

44. Laurent de Janvry

45. Kathy Dittmer

46. Mary Louise Zernicke

Traffic Concerns

47. Amantuck Cappa-Lambert

Public Funds

48. David Lerman

East Bay Kidical Mass Invitation

49. Marc Hedlund

Flag Concerns

50. Michael J. Cassidy

51. Dorothea Dorenz

Containers at 2556 Haste St.

52. Jennifer Frehn

Wildlife Population

53. Erin Williams

Residential Parking Permit

54. John J Brogan

Police Review Commission

55. Alan Jencks

Construction Debris

56. Chess Club

New Housing Concern

57. Ken Bukowski

Delaware Streets ADU

58. Leif White and Felisa Ramirez

New Tax Proposals

59. Gregory Harper
Rev - 18

Tuesday, September 10, 2024 REVISED AGENDA Page 19

Rent Stabilization Ordinance Revisions

60. Toni Mester

Cedar Rose Park

61. Carol Hirth

BPD’s Policy 300 Community Input Sessions

62. Office of the Director of Police Accountability (2)

Blocked Sidewalk Concern

63. Neighbors on 5th Street

Diverter Visibility

64. Alfred Twu

65. Warren J. Wells

Russell/Milvia Junction

66. Andy Verity

Small Landlords

67. Elliot Abrams

Berkeley Day Camp

68. Kendra K. Levine

Appliance Upgrades

69. Nicole Bloom & Sue Swigart

Natural Gas

70. Ghawar Camij Toschian

People’s Park

71. Gabriel Cornejo

72. Russbumper

73. Paul Kealoha Blake

School Safety Programs

74. Dorothea Dorenz

Garbage Cans at Codornices Park

75. Katherine Silver

Safety Concerns

76. Katya and Unity Stoakes
Rev - 19

Tuesday, September 10, 2024 REVISED AGENDA Page 20

77. Dr. Bruce Brody

Reusable Air Filters

78. Christopher La Combe

Rental Regulatory Agreement

79. Alex S. Merenkov

Restaurant Inspections

80. Barbara Gilbert

81. David Lerman

82. Sabina McMurtry

CA Senate Bill 4

83. Shane Bohart

UA Theater

84. Mimi Moungovan

85. Charlene Woodcock (2)

86. Constance Rivemale

87. James Hudkins

88. Mischa Lorriane

89. T.T. Nhu

90. Diana Naparst

91. Salli Lundgren

92. Allen Michaan

93. Laura Linden

Longfellow Middle School

94. Liza Lutzker

95. Wahid Amiri

San Pablo Ave

96. Caramia Visick

Vandalism

97. Tim O’Brien

Police Accountability

98. Carol Denney (2)

Berkeley Post Office

99. Michael Martel

K Street Flats
100. Devisadaria Duchine
Rev - 20

Tuesday, September 10, 2024 REVISED AGENDA Page 21

Chevron
101. Leslie West

Housing and Health Concern
102. Anne McClintock

Stadiums
103. Josh Atwood

Sylvia Mendez Air Quality
104. Carrie Rybczynski
105. Sara Peschel and Troy Martinez
106. Maria Carriedo (2)

TOPA
107. Jean Tepperman Tepperman
108. Tahira Dean

Veteran Blog
109. William T. Elliot

Lorin Commercial District
110. Teresa Clarke

Email Request
111. Pat Wilde

Presidential Election
112. Russbumper (2)
113. David L. Axelrod
114. Arthur Fonseca

Middle East Conflict
115. Russbumper (8)
116. Erwan Illian (12)
117. Crustyrusty
118. Nora Shourd
119. Elana Auerbach

Newsletters
120. Vivian Warkentin
121. Erwan Illian (9)
122. Josh Atwood

Rev - 21

Tuesday, September 10, 2024 REVISED AGENDA Page 22
URL’s
123. Russbumper (37)
124. Josh Atwood
125. Erwan Illian

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

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

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

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

Rev - 22

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

RECESS ITEM

CONSENT CALENDAR
September 10, 2024

To: Honorable Mayor and Members of the City Council
From: LaTanya Bellow, Interim City Manager
Submitted by: Scott Ferris, Director, Parks Recreation & Waterfront Subject: Grant Application: Local Transportation Climate Adaptation Program (LTCAP) for the Interstate 80 Aquatic Park Lagoon Tidetube Culvert Resiliency Project

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her designee to submit a grant application to the state Local Transportation Climate Adaptation Program (LTCAP) for the Aquatic Park Tidetube Culvert Resiliency Project; accept any grants; execute any resulting grant agreements and any amendments; and that Council authorize the implementation of the projects and appropriation of funding for related expenses, subject to securing the grants.

NEGATIVE EFFECT IF ACTION IS DELAYED UNTIL AFTER COUNCIL RECESS The LTCAP grant program requires applicants to submit a cover letter to the California Transportation Commission’s Executive Director that nominates the project, identifies the nominating agency, authorizes and approves the project nomination, and includes the signature of the Chief Executive Officer (or other officer authorized by the nominating agency’s governing board). The LTCAP grant deadline is August 30, 2024. Without authorization, the City will be unable to submit a grant application to the 2024 LTCAP grant program for this project.

FINANCIAL IMPLICATIONS
The LTCAP grant program requires a 20% local match of the total project cost. For the total project cost of $4 million, the PRW Department has identified $800,000 in local match from the General Fund in FY2025 and will submit an application for up to $3.2M for the Aquatic Park Tidetube Culvert Renovation and Habitat Resiliency Project.

CURRENT SITUATION AND ITS EFFECTS
In 2021, the City completed the Aquatic Park Tidetube Culvert maintenance and repair project that restored the full functionality of the tidetubes to properly exchange waters of the Bay with the waters of Aquatic Park. During the project, a video inspection discovered extensive cracking of the existing tidetubes which will result in full failure by 2030. In light of anticipated impacts due to climate change, the increased severity of storms will accelerate the volume and velocity of water running through the tidetubes, which will accelerate their failure. This could lead to the erosion of the roadbed above the tidetubes and the potential closure of Interstate 80, new flooding in West Berkeley, and the loss of natural habitat at Aquatic Park. The California

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RECESS ITEM
Grant Application: LTCAP program for I-80 Aquatic Park Tidetube Project CONSENT CALENDAR September 10, 2024

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Transportation Commission (CTC) recently announced the second round of the LTCAP grant program, with a submittal deadline of August 30, 2024. The City will submit a grant application for up to $3.2M, with a local City match of $800,000, to fund a project to design and deliver the Interstate 80 Aquatic Park Tidetube Culvert Renovation and Habitat Resiliency Project to increase the resiliency of City and Interstate infrastructure along the coastline of the Bay for the next 50 to 100 years.

BACKGROUND
In November of 2021, congress enacted the federal Bipartisan Infrastructure Law (BIL) of 2021 to provide billions in competitive grant-funded programs to address infrastructure needs across the U.S. over the next several years. In June of 2024, the California Transportation Commission (CTC) released a Call for Projects for the Local Transportation Climate Adaption Program (LTCAP) round two funding cycle using federal BIL funds. This grant program is available for investments that help make surface transportation more resilient to natural hazards and disasters, including climate change, and can be used to support resiliency improvements, community resilience and evacuation routes, and at-threat coastal infrastructure. Grant applications are due August 30, 2024. The City will submit a grant application to address the failing tidetube culverts at Aquatic Park underneath Interstate 80 that are projected to fail in less than ten years due to the impacts of climate change.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The tidetube culverts underneath Interstate that connect the Bay waters to Aquatic Park are projected to fail within ten years, causing the potential failure of I-80, impacts to traffic throughout the Bay Area, more flooding at Aquatic Park organizations and businesses in West Berkeley, and negative impacts on the natural habitats at Aquatic Park. The failure of the tidetubes will be accelerated by the impacts of climate change. This renovation project will improve the resiliency of the tidetube system and help the City and Interstate 80 become more resilient to the impacts of climate change. This project helps the City meet Strategic Goal 1 – infrastructure.

RATIONALE FOR RECOMMENDATION
Submitting a project to this highly competitive grant program will help the City reach its Climate Adaptation and Resiliency goals and help make the segment of Interstate 80 in Berkeley more resilient to the impacts of climate change.

ALTERNATIVE ACTIONS CONSIDERED
None

CONTACT PERSON
Scott Ferris, Director of Parks, Recreation & Waterfront, 981-6703 Nelson Lam, Supervising Civil Engineer, PRW, 981-6395
Attachments
1: Resolution

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RESOLUTION NO. XX,XXX-N.S
GRANT APPLICATION: LOCAL TRANSPORTATION CLIMATE ADAPTATION PROGRAM (LTCAP) FOR THE INTERSTATE 80 AQUATIC PARK LAGOON TIDETUBE

CULVERT RESILIENCY PROJECT
WHEREAS, in November of 2021, congress enacted the federal Bipartisan Infrastructure Law (BIL) of 2021 to provide billions in competitive grant-funded programs to address infrastructure needs across the U.S. over the next several years; and WHEREAS, in July of 2024, the California Transportation Commission (CTC) released a Call for Projects for the Local Transportation Climate Adaption Program (LTCAP) round two funding cycle using federal BIL funds. This grant program is available for investments that help make surface transportation more resilient to natural hazards and disasters, including climate change, and can be used to support resiliency improvements, community resilience and evacuation routes, and at-threat coastal infrastructure. Grant applications are due August 30, 2024; and
WHEREAS, the City will submit a grant application to address the failing tidetube culverts at Aquatic Park underneath Interstate 80 that are projected to fail in less than ten years due to the impacts of climate change.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council ratifies the action taken by the City Manager during recess to: submit a grant application to the Local Transportation Climate Adaptation Program (LTCAP) for the Interstate 80 and Aquatic Park Tidetube Culvert Resiliency Project in the amount of up to $3.2 million, and authorizes $800,000 in local match from General Fund (20% of total project cost); to accept any grants; to execute any resulting grant agreements and any amendments; and that Council authorize the implementation of the project and appropriation of funding for related expenses, subject to securing the grant. A record signature copy of said agreements and any amendments to be on file in the Office of the City Clerk.

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RECESS ITEM

CONSENT CALENDAR
September 10, 2024

To: Honorable Mayor and Members of the City Council
From: LaTanya Bellow, Interim City Manager
Submitted by: Scott Ferris, Director, Parks Recreation & Waterfront Subject: Grant Application: U.S. DOT – Charging and Fueling Infrastructure Discretionary Grant – South Cove West Parking Lot Renovation and EV Charging Project

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her designee to submit a grant application to the U.S. DOT Charging and Fueling Infrastructure (CFI) Discretionary Grant program for the South Cove West Parking Lot Renovation and EV Charging Project.

NEGATIVE EFFECT IF ACTION IS DELAYED UNTIL AFTER COUNCIL RECESS City policy requires council authorization of grant applications that involve a commitment of City funds (e.g., local matching funds). The CFI grant deadline is August 28, 2024. Without authorization, the City will be unable to submit a grant application to the 2024 CFI grant program for this project.

FINANCIAL IMPLICATIONS
None. If the City is awarded the grant, staff will return to Council for authorization to accept the funds, execute any resulting grant agreements, appropriate additional funding, and implement the projects. The CFI grant program requires a 20% local match of the project cost. The cost of the electrical vehicle charging phase of the project is $625,000. The City has allocated $125,000 (20%) to the project using local City funds.

CURRENT SITUATION AND ITS EFFECTS
The Notice of Funding Opportunity (NOFO) for the CFI grant program was published on May 30, 2024, and has a grant submittal deadline of August 28, 2024. The City will submit a grant application in the amount of $500,000 to help fund the installation of electric vehicle charging stations at the South Cove West Parking Lot Renovation Project.

BACKGROUND
In November of 2021, congress enacted the federal Bipartisan Infrastructure Law (BIL) of 2021 to provide billions in competitive grant-funded programs to address infrastructure needs across the U.S. over the next several years. The U.S. DOT CFI program is one of the new grant programs funded by the BIL of 2021. The CFI Program will accelerate an electrified and

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RECESS ITEM
Grant Application: CFI electric vehicle charging phase at South Cove West Lot CONSENT CALENDAR September 10, 2024

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alternative fuel transportation system that is convenient, affordable, reliable, equitable, accessible, and safe. The CFI Program will also help put the United States on a path to a nationwide network of at least 500,000 EV chargers by 2030 and improve networks for vehicles using hydrogen, propane, and natural gas.

In the spring of 2024, the City began the design for the renovation of the South Cove West Parking Lot with electrical charging (EV) at the Berkeley Waterfront using grant funds from the California State Coastal Conservancy ($1,270,733) and local City funds ($418,656), for a total project cost of $1.689 million. A grant from the CFI grant program will allow the City to complete the renovation project.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
This grant would support the City’s Climate Action Plan and its goal of becoming a Fossil Fuel Free city as established through the June 12, 2018 City Council referral. This grant would support the City’s goal of reducing its greenhouse gas emissions by 80% by 2050, which would result in cleaner air for residents.

The proposed action is to adopt a resolution authorizing the submission of a grant application for a U.S. DOT Charging and Fueling Infrastructure Discretionary Grant. The submission of a grant application is a funding mechanism that does not involve any commitment to any specific project and does not limit the choice of alternatives or mitigation measures. The proposed activity is therefore not a project pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15060(c)(3) and 15378(b). Appropriate environmental review consistent with the requirements of CEQA will be completed prior to specific project action.

RATIONALE FOR RECOMMENDATION
Submitting a project to this highly competitive grant program will help the City reach its Climate Adaptation and Resiliency goals and help facilitate the use of electric vehicles in Berkeley.

ALTERNATIVE ACTIONS CONSIDERED
None

CONTACT PERSON
Scott Ferris, Director of Parks, Recreation & Waterfront, 981-6703 Nelson Lam, Supervising Civil Engineer, PRW, 981-6395
Attachments
1: Resolution

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RESOLUTION NO. -N.S
GRANT APPLICATION: U.S. DOT – CHARGING AND FUELING INFRASTRUCTURE DISCRETIONARY GRANT – SOUTH COVE WEST PARKING LOT RENOVATION AND

EV CHARGING PROJECT
WHEREAS, in November of 2021, congress enacted the federal Bipartisan Infrastructure Law (BIL) of 2021 to provide billions in competitive grant-funded programs to address infrastructure needs across the U.S. over the next several years; and WHEREAS, the U.S. DOT Charging and Fueling Infrastructure (CFI) Discretionary Grant program CFI program is one of the new grant programs funded by the BIL of 2021; and WHEREAS, the CFI grant program has a submittal deadline of August 28, 2024; and WHEREAS, in the spring of 2024, the City began the design for the renovation of the South Cove West Parking Lot and electrical charging (EV) at the Berkeley Waterfront using grant funds from the California State Coastal Conservancy ($1,270,733) and local City funds ($418,656), for a total project cost of $1.689 million; and WHEREAS, the City will submit a grant application to allow the City to complete the renovation project.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council ratifies the action taken by the City Manager during recess to submit a grant application to the Charging and Fueling Infrastructure (CFI) Discretionary Grant Program for the South Cove West Parking Lot Renovation and EV Charging Project in the amount of up to $500,000. A record signature copy of said agreements and any amendments to be on file in the Office of the City Clerk.

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Ordinance No. 7,932-N.S. Page 1 of 2
ORDINANCE NO. 7,932-N.S.

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

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

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

The City Manager or his/her designee is hereby authorized to execute lot line adjustments with 1401 Carleton Street and 1423 Ward Street. The lot line adjustment applications shall be substantially in the form attached hereto as Exhibit “A.” Section 3. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

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Ordinance No. 7,932-N.S. Page 2 of 2
At a regular meeting of the Council of the City of Berkeley held on July 30, 2024 this Ordinance was passed to print and ordered published by posting by the following vote:

Ayes: Bartlett, Hahn, Humbert, Kesarwani, Lunaparra, Taplin, Tregub, Wengraf, and Arreguin.

Noes: None.

Absent: None.

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

APPLICATION FOR SUBDIVISION,

LAND DIVISION AND/OR LOT LINE ADJUSTMENT
(C

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

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

INSTRUCTIONS:

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

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

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

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

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

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

2. This subdivision contains ____________ parcels/lots.

3. Address of property: __________________________________________________________ ___________________________________________________________________________

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

Exhibit A

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

5. Assessor’s Parcel Number(s) _____________________________________________________

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

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

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

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

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

10. Current zoning status of site: ______________________________________________________

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

To resolve encroachments onto City property.

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

Page 4 of 12 ends

Page 34 ends

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

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

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

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

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

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

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

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

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

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

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

76.26 35.25
N/A

Page 5 of 12 ends

Page 35 ends

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

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

_____________________________________________________________________________

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

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

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

23. Briefly describe any other proposed improvements:
_____________________________________________________________________________

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

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

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

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

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

Page 6 of 12 ends

Page 36 ends

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

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

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

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

Page 7 of 12 ends

Page 37 ends

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

Planning Department
Engineering Division

APPLICATION FOR SUBDIVISION,

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

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

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

INSTRUCTIONS:

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

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

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

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

___ Tract Map No.____________ ___ Vesting Tentative Map

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

2. This subdivision contains ____________ parcels/lots.

3. Address of property: __________________________________________________________

___________________________________________________________________________

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

___________________________________________________________________________

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

Page 8 of 12 ends

Page 38 ends

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

5. Assessor’s Parcel Number(s) _____________________________________________________

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

A. __________________________________ B. _ __

____________________________________ ___ __________________

____________________________________ ___ ________________

Day: ( ) _________________________ Day: ( ) _ ______________

Evening ( ) ______________________ Evening ( ) _ ____________

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

____________________________________

Day: ( ) _________________________

Evening ( ) ______________________

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

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

( ) _____________________________

8. Describe the present use of the site: ________________________________________________

_____________________________________________________________________________

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

_____________________________________________________________________________

10. Current zoning status of site: ______________________________________________________

11. Total area of subdivision: ____________________ square feet

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

To resolve encroachments onto City property.

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

Page 9 of 12 ends

Page 39 ends

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

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

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

Proposed
Structures (Y/N)

Proposed Access:

Strips (Lineal ft.)

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

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

_____________________________________________________________________________

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

Check all that apply and show on Tentative Map:

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

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

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

If yes, please describe: __________________________________________________________

_____________________________________________________________________________

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

If yes, please describe: __________________________________________________________

_____________________________________________________________________________

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

If yes, please describe: __________________________________________________________

_____________________________________________________________________________

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

94.35 32.29
N/A

Page 10 of 12 ends

Page 40 ends

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

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

If yes, please describe: __________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________

20. Is any demolition proposed? Yes ______ No ______

23. Briefly describe any other proposed improvements:

_____________________________________________________________________________

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

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

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

_____________________________________________________________________________

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

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

Page 11 of 12 ends

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

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

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

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

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

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

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

DO NOT WRITE BELOW THIS LINE

FILING DATE OF APPLICATION: _______________________

Page 12 of 12 ends

Page 42 ends

Ordinance No. 7,933-N.S. Page 1 of 1
ORDINANCE NO. 7,933 –N.S.

LEASE AGREEMENT WITH YOUTH MUSICAL THEATER COMPANY FOR THE USE AND MANAGEMENT OF LIVE OAK THEATER AT 1301 SHATTUCK AVENUE BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. The City Manager, or designee, is hereby authorized to execute a 3-year lease agreement with one 5-year option and any amendments thereto with Youth Musical Theater Company for the use and management of Live Oak Theater at 1301 Shattuck Ave. in Berkeley, CA. Such lease shall be on substantially the terms set forth in Exhibit A.

Section 2. The rent will be $6,000 per year, intended to cover the City’s cost of utilities. If the 5-year option period is exercised, rent will increase to reflect updated costs and market conditions.

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

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

Ayes: Bartlett, Hahn, Humbert, Kesarwani, Lunaparra, Taplin, Tregub, Wengraf, and Arreguin.

Noes: None.

Absent: None.

Page 1 of 43 ends

Page 43 ends

CITY OF BERKELEY

IMPROVED PROPERTY LEASE

Between

THE CITY OF BERKELEY, A CHARTER CITY

ORGANIZED AND EXISTING UNDER THE LAWS

OF THE STATE OF CALIFORNIA

as Landlord,

and

YOUTH MUSICAL THEATER COMPANY

as Tenant.

For the Live Oak Theater property,
Located at 1301 Shattuck Ave.

Berkeley, CA

Page 2 of 43 ends

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2 Live Oak Theater Lease, 1301 Shattuck Ave. – YMTC, Tenant

TABLE OF CONTENTS

1. DEFINITIONS ..................................................................................................................... 8

2. TERM ................................................................................................................................... 8

3. RENT .................................................................................................................................... 9

4. PROPERTY AND OTHER TAXES .................................................................................. 10

5. USE OF PREMISES .......................................................................................................... 11

6. FREE CITY USE ............................................................................................................... 13

7. ANNUAL PERFORMANCE REVIEW ............................................................................ 14

8. USE OF LIVE OAK PARK PROPERTY ......................................................................... 14

9. EQUIPMENT AND INVENTORY ................................................................................... 15

10. SERVICES ......................................................................................................................... 15

11. OBLIGATION OF TENANT TO REMOVE PERSONAL PROPERTY ......................... 16

12. ALTERATIONS AND IMPROVEMENTS ...................................................................... 16

13. LIENS ................................................................................................................................. 18

14. TENANT AND LANDLORD MAINTENANCE OBLIGATIONS ................................. 19

15. EXTRAORDINARY COSTS ............................................................................................ 19

16. ENVIRONMENTAL ......................................................................................................... 19

17. DAMAGE OR DESTRUCTION ....................................................................................... 20

18. INDEMNIFICATION ........................................................................................................ 20

19. INSURANCE ..................................................................................................................... 21

20. COMPLIANCE WITH LAWS .......................................................................................... 23

21. ASSIGNMENT AND SUBLEASE ................................................................................... 24

22. INSPECTION ..................................................................................................................... 25

23. DEFAULT .......................................................................................................................... 25

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3 Live Oak Theater Lease, 1301 Shattuck Ave. – YMTC, Tenant

24. REMEDIES UPON DEFAULT ......................................................................................... 27

25. ENVIRONMENTAL OBLIGATIONS ............................................................................. 28

26. LANDLORD'S RIGHT TO CURE .................................................................................... 29

27. EMINENT DOMAIN ......................................................................................................... 30

28. SUBORDINATION ........................................................................................................... 30

29. NO MERGER ..................................................................................................................... 31

30. TRANSFER BY LANDLORD .......................................................................................... 31

31. ESTOPPEL CERTIFICATES ............................................................................................ 31

32. HOLDING OVER .............................................................................................................. 31

33. CHANGES BY LANDLORD ............................................................................................ 31

34. GOVERNING LAW .......................................................................................................... 32

35. SECURITY DEPOSIT ....................................................................................................... 32

36. SIGNAGE .......................................................................................................................... 32

37. NO PARTNERSHIP .......................................................................................................... 33

38. NO WAIVER ..................................................................................................................... 33

39. NOTICES ........................................................................................................................... 33

40. COMPLETE AGREEMENT ............................................................................................. 34

41. REQUESTS FOR CONSENT; WAIVER OF CLAIM ..................................................... 34

42. INTERPRETATION .......................................................................................................... 34

43. SUCCESSORS AND ASSIGNS........................................................................................ 35

44. AUTHORITY ..................................................................................................................... 35

45. UNAVOIDABLE DELAYS .............................................................................................. 35

46. TIME OF THE ESSENCE ................................................................................................. 35

47. BROKERAGE .................................................................................................................... 35

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4 Live Oak Theater Lease, 1301 Shattuck Ave. – YMTC, Tenant

48. CITY NON-DISCRIMINATION ORDINANCE .............................................................. 36

49. NON-DISCRIMINATION AGAINST PERSONS WITH DISABILITIES ...................... 36

50. CONFLICT OF INTEREST PROHIBITED ...................................................................... 36

51. NUCLEAR FREE BERKELEY ........................................................................................ 37

52. OPPRESSIVE STATES ..................................................................................................... 37

53. BERKELEY LIVING WAGE ORDINANCE (LWO) ...................................................... 38

54. BERKELEY EQUAL BENEFITS ORDINANCE (EBO) ................................................. 38

56. AUDIT ................................................................................................................................ 39

57. CITY BUSINESS LICENSE, PAYMENT OF TAXES, TAX I.D. NUMBER ................ 40

58. SURVIVAL ........................................................................................................................ 40

59. EXHIBITS .......................................................................................................................... 40 Exhibit “A”: Leased Premises ...................................................................................................... 39

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5 Live Oak Theater Lease, 1301 Shattuck Ave. – YMTC, Tenant

Page 6 of 43 ends

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6 Live Oak Theater Lease, 1301 Shattuck Ave. – YMTC, Tenant

PROPERTY LEASE

BASIC LEASE INFORMATION

1. Landlord: City of Berkeley, a California municipal corporation (City) 2180 Milvia Street
Berkeley, CA 94704
Attention: Director, Parks, Recreation & Waterfront
Telephone: (510) 981-6700
Email: [email protected]

2. Tenant: Youth Musical Theater Company (YMTC)

3. Tenant Trade
Name: Youth Musical Theater Company

4. Effective Date: September 1, 2024

5. Premises: Live Oak Theater, located at the Live Oak Community Center, approx. 3,000 sq ft, including an entry foyer and restroom, 91 theater seats, stage, backstage area with 2 dressing rooms and restroom, and a sound/light booth.

6. Permitted Uses: The Premises shall be used by Tenant for theater productions and events like performing arts classes, staged readings, recitals, open mic events, film screenings, holiday shows, professional development, training events, and presentations (e.g. “TED talk”-type events).

7. Initial Term: Three (3) year(s), commencing as of September 1, 2024 (“Commencement Date”).

8. Option Period: Five (5) years.

9. Base Rent: $6,000 per year. If option period is exercised, rent will increase to reflect updated cots and market conditions.

10. Improvements &
Maintenance
Tenant accepts premises in as-is condition. Tenant is responsible for all expenses associated with improvements needed to maintain the property in good condition. If unforeseen improvements with extraordinary costs are required, Landlord and Tenant agree to meet to discuss options for funding.

Landlord makes no representation that it will fund any improvements.

11. Maintenance Tenant will be responsible for ongoing maintenance for the premises, including but not limited to plumbing, building systems, graffiti abatement, janitorial, and pest control, as well as maintenance, repair and replacement as needed of theater equipment and inventory.

12. Services Landlord will pay for gas, electric, water and sewer. Tenant will be responsible for and pay for all other services.

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7 Live Oak Theater Lease, 1301 Shattuck Ave. – YMTC, Tenant

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

LANDLORD’S INITIALS _______ TENANT’S INITIALS _______

Page 8 of 43 ends

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8 Live Oak Theater Lease, 1301 Shattuck Ave. – YMTC, Tenant

LEASE

TH
IS LEASE is made by and between the CITY OF BERKELEY, a Charter City organized and existing under the laws of the State of California ("Landlord or City") and YOUTH MUSICAL THEATER COMPANY, a n
on-profit organization doing business at 1000
42nd Street Oakland, CA 94608 ("Tenant").

WITNESSETH :

Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the Premises for the term and subject to the terms, covenants, agreements and conditions set forth below, to each and all of which Landlord and Tenant hereby mutually agree.

1. DEFINITIONS

Unless the context otherwise specifies or requires, the following terms shall have the mean
ings herein specified:

A. " Affiliate," as to any person, shall mean such person's partners, members, commissioners, officers, employees, volunteers and agents.

B. " Lease Year" shall mean each twelve-m
onth period during the term of the Lease
commencing upon the effective date of the Lease.

C. " Premises" shall mean the Live Oak Theater, located at the Live Oak Community Center, approx. 3,000 sq ft, including an entry foyer and restroom, 91 theater seats, stage, backstage area with 2 dressing rooms and restroom, and a sound/light booth, and as further depicted in Exhibit “A.”

2. TERM

A. Initial Term and Term of Renewal. The initial term is for a period of three years.

Tenant has the option, under certain terms and conditions as described below, to renew this lease for an additional five-year term. This Lease shall take effect once duly approved by the Berkeley City Council and executed by both Landlord and Tenant (“the Effective Date”). The Initial Lease Term will expire at midnight August 31, 2027 (“the Termination Date”).

B. Procedure for Renewal. If Tenant wishes to renew the Lease beyond the Initial Lease Term, Tenant must provide written notice of such intent to Landlord at least one hundred and twenty (120) days prior to the expiration of the Initial Term. Landlord may extend to Tenant a five-year option to renew this Lease if Landlord, in its sole discretion, determines that throughout the Initial Term (a) Tenant has complied with all terms and conditions of the Lease, (b) the space has been well-used and well-attended, as documented by Tenant and approved by Landlord, with a diversity of local theater productions and other events, and (c) the Premises have been well-
maintained, as documented by Tenant and approved by the Landlord. Any such option shall be subject to the following conditions:

1. Re
nt will increase to reflect updated costs and market conditions, as

Page 9 of 43 ends

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9 Live Oak Theater Lease, 1301 Shattuck Ave. – YMTC, Tenant

documented and agreed by Landlord and Tenant.

2. A list of priority improvements is prepared by Tenant and approved by Landlord staff for completion in the option period.

3. Tenant will continue to ensure the space is well-used and well-attended, as documented by Tenant and approved by Landlord, with a diversity of local theater productions and other events.

4. Tenant will continue to ensure the Premises are well-maintained, as documented by Tenant and approved by the Landlord.

Landlord shall provide notice of its determination to grant renewal of the lease upon condition that Tenant agrees to the increase in rent and additional improvements, at least thirty (30) days prior to the expiration of the Initial Term.

C. If, after Landlord's initial determination that Tenant has complied with the terms and conditions of the Lease but prior to its actual expiration, Landlord determines, at its sole discretion, that Tenant has failed to comply with any term or condition of the Lease, Landlord may revoke the granting of the additional term and seek applicable remedies under the Lease, including, but not limited to Section 20.

D. If Landlord and Tenant are unable to agree upon conditions for renewal, as described above, but Tenant is in compliance with the terms and conditions of the Lease, the Lease will terminate at the end of the Initial Term.

E. At the expiration of the term, or any sooner termination of this lease due to default, Tenant agrees to quit and surrender possession of the premises and its appurtenances to Landlord in good order and condition. Tenant agrees to reimburse the Landlord for any damage done to the property caused by Tenant’s occupation or tenancy excepting reasonable wear and tear and damage by the elements. Tenant shall not leave or allow to remain on the property any garbage, refuse, debris, or personal property. Tenant will pay Landlord any removal costs incurred by Landlord. At the end of the tenancy, Tenant agrees to deliver the property keys to the Landlord in person or by mail to the Landlord’s designated agent.

3. RENT

A. Minimum Rent.

Tenant shall pay to Landlord as a minimum rental for its use and occupancy of the Premises an annual rent of SIX THOUSAND DOLLARS ($6,000) per year of the Initial Term. For purposes of determining Minimum Rent, the first year of the Lease is the period up to August 31, 2025.

B. Manner of Payment. All rent and other payments due from Tenant shall be made to Landlord in lawful money of the United States of America at Landlord's address for notice hereunder, or to such other person or at such other place as Landlord may from time to time designate in writing.

C. Delinquency and Late Charges; Interest.

1. Tenant hereby acknowledges that its late payment of rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult or impracticable to ascertain. Such costs include,

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10 Live Oak Theater Lease, 1301 Shattuck Ave. – YMTC, Tenant

without limitation, processing and accounting charges and overtime wages. Accordingly, any payment of rent or other sum due hereunder that remains due and unpaid for a period of ten (10) days after it becomes due and payable shall be subject to a delinquency charge of ten percent (10%) of the delinquent amount. The parties agree that such charge represents a fair and reasonable estimate of the costs Landlord shall incur by reason of Tenant's late payment. Landlord shall apply any monies received from Tenant first to any accrued delinquency charges and then to any rent then due. Acceptance of such delinquency charges by Landlord shall not constitute a waiver of Tenant's default with respect to such overdue amount. The delinquency charge is in addition to all other remedies that Landlord may have under this Lease or at law.

2. Any amount due to Landlord, if not paid when due, shall bear interest from the date due until paid at the rate of the twelve percent (12%) per annum. Interest shall not be payable on delinquency or late charges nor on any amounts upon which such charges are paid by Tenant, to the extent such interest would cause the total interest to exceed that legally permitted. Payment of interest shall not excuse nor cure any default hereunder by Tenant.

D. Accord and Satisfaction. Landlord's acceptance of a lesser amount of rent or other sum due hereunder shall not be deemed to be other than on account of the earliest rent or payment due and shall be applied by Landlord as provided in subsection D.1. No endorsement or statement on any check or letter accompanying any such check or payment shall be deemed an accord and satisfaction, and Landlord may accept such check or payment and pursue any other remedy available under this Lease or at law. Landlord may accept any partial payment from Tenant without invalidation of any contractual notice required hereunder (if required) and without invalidation of any notice required pursuant to California Code of Civil Procedure Section 1161, et seq., or any successor statute.

4. PROPERTY AND OTHER TAXES

A. Possessory Interest Taxes. The property interests created by this Lease may be subject to property taxation and Tenant, in whom the possessory interest is vested, will be responsible for the timely payment of any property taxes levied on such possessory interest.

Tenant agrees to pay before delinquency all lawful taxes, assessments, fees or charges which at any time may be levied by the state, county, city or any tax or assessment levying body against the transfer of the leasehold interest hereunder upon recordation or otherwise, or upon any activity carried on under this Lease, any interest in this Lease or any possessory right which Tenant may have in or to the Property or the Property by reason of its use or occupancy thereof or otherwise.

B. City of Berkeley Assessments. Tenant also shall be responsible for and shall pay prior to delinquency all assessments imposed against the Property and/or the Property by the City. Tenant acknowledges that City has established certain assessment districts within the City of Berkeley and that all properties within the assessment districts are subject to annual assessments. The City reserves the right to create additional districts and to terminate any such district(s). Tenant shall be billed for each such assessment in the same manner as other property owners and lessees in the City.

C. Personal Property and Other Taxes. In addition to all other sums to be paid by

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Tenant hereunder, Tenant shall pay, before delinquency, any and all taxes levied or assessed during the term of the Lease on Tenant's equipment, furniture, fixtures, merchandise, and other personal property located in the Property, and shall pay, or shall reimburse Landlord for, any and all assessments (including, without limitation, all assessments for public improvements, services or benefits, irrespective of when commenced or completed), excises, levies, business taxes, Lease, permit, inspection and other authorization fees, transit fees, service payments in lieu of taxes and any other fees or charges of any kind, which are levied, assessed, or imposed by any public authority: (i) upon or measured by rental payable hereunder, including without limitation, any gross income tax or excise tax levied by the City of Berkeley, Alameda County, the State of California, the Federal Government or any other government body with respect to the receipt of such rental; (ii) upon or with respect to the development, possession, leasing, operation, management, maintenance, alteration, repair, use or occupancy by Tenant of the or any portion thereof; (iii) upon, measured by or reasonably attributable to the cost or value of Tenant's equipment, furniture, fixtures, merchandise, and other personal property located at or in the Premises or by the cost or value of any improvements made by Tenant to the Property, regardless of whether title to such improvements shall be in Tenant or Landlord; or (iv) upon this Lease or any document to which Tenant is a party creating or transferring an interest in the Property.

D. Tenant's Right to Contest. Tenant may, at no cost to Landlord, reasonably contes t
the legal validity or amount of any taxes, assessments, or charges for which Tenant is responsible under this Lease, and institute such proceedings as Tenant considers necessary; provided, however, that Tenant shall at all times protect Landlord from foreclosure of any lien, and that Landlord shall not be required to join in any proceeding or contest brought by Tenant.

5. USE OF P

REMISES

A. The Premises shall be used by Tenant to create a vibrant community space that draws young people, families, working artists, and other members of the public, to Live Oak Theater. Tenant will manage theater rentals, open to the public, and will conduct marketing and outreach to expand the community’s awareness and use of the space. Tenant may use the Premises for Tenant-run productions and events, and rentals for local theater performances, as well as for events like performing arts classes, staged readings, recitals, open mic events, film screenings, holiday shows, professional development, training events, and presentations (e.g. “TED talk”-type events).

B. Landlord agrees that Tenant may operate a box office within the lobby area of the theater provided that tenant first obtain all necessary licenses and permits for operation from local and state governments.

C. Tenant may operate a concession stand within the lobby area of the theater provided that Tenant first obtain all necessary licenses and permits for operation from local and state governments.

D. Adult-oriented businesses, as defined in the City of Berkeley Zoning Code, are not permitted to use the premises.

E. At all times, Tenant agrees to provide adequate personnel to operate and manage the theater and ensure that safe and efficient management of the Premises.

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F. At Tenant shall comply with all applicable safety standards in effect at any given time, and take all necessary steps to ensure that its participants and patrons are properly supervised to prevent injury to participants and others. Tenant will provide adequate supervision of the participants and patrons at all times while using the Premises.

G. Landlord shall have no responsibility for Tenant’s furnishings, property or equipment that may be lost, stolen or damaged.

H. Tenant acknowledges that the Premises is located within Live Oak Park and agrees to require its employees, participants, and patrons who use the Premises to abide by standards of behavior common to the general park use.

I. Tenant agrees to cooperate with the City in promoting community participation in Tenant’s programs and activities held on the Premises.

J. Tenant shall operate its business on and about the Premises in a manner consistent with the use permitted herein and the standards promulgated by Landlord.

K. In renting space, or at any other time, Tenant shall not represent itself as an agent of the City of Berkeley or of Landlord.

L. Tenant shall not, without the written consent of the Landlord:

1. place, construct, or maintain in, on, or about the Premises or within Live Oak Park any advertisement media, except for the bulletin board location outside the Live Oak Community Center and the current theater sign designated for advertising, subject to Berkeley Municipal Code, Title 20; including without limitation, searchlights, flashing lights, loudspeakers, or other similar media or device;

2. warehouse or stock on the Premises any goods, wares or merchandise other than that which is directly related to the Tenant’s use of the Premises;

3. store, display or sell goods or merchandise on the Premises or place or permit portable signs or other devices to be stored or to remain on the Premises;

4. use or permit any portion of the Premises to be used as living or sleeping quarters;

5. sell, distribute, display, or offer for sale any item, which, in Landlord’s good faith judgment, may tend to detract from the image of Live Oak Park.

M. Tenant shall not do or permit to be done in, on, or about the Premises anything which is prohibited by or may conflict with any law, statute, ordinance or governmental rule or regulation now in force or hereafter enacted or promulgated, which is prohibited by the standard forms of special form or commercial general liability insurance or which may cause a cancellation of any insurance policy covering Live Oak Park, Live Oak Community Center or the Premises or any of its contents, or (except with the prior written consent of Landlord) which

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may increase the existing rate of or affect any special form or commercial general liability insurance or other insurance upon Live Oak Park, Live Oak Community Center or the Premises, or any of its contents. In the event Tenant does or permits to be done anything or keeps or permits to be kept anything on or about the Premises, Live Oak Park, or Live Oak Community Center which increases the existing rate of such insurance upon Live Oak Park, Live Oak Community Center or the Premises or any of its contents, Tenant shall pay the amount of any such increase promptly upon Landlord's demand. Tenant shall not do or permit anything to be done which will in any way obstruct or interfere with the rights of other lawful users of Live Oak Park and Live Oak Community Center including, without limitation, tenants, their employees or invitees, disturb or annoy them, or use or allow the Premises to be used for any improper, unlawful or objectionable purpose. Tenant shall not maintain or permit any nuisance in or about the Premises or commit or suffer to be committed any waste in or upon the Premises.

N. No auction, fire, bankruptcy, distress, clearance, or going-out-of- business sale shall be conducted on the Premises nor shall any sign or advertisement regarding such activity be posted in or about the Premises.

O. Tenant shall not use or permit the Premises to be used in any manner or permit anything to be brought into or kept therein which would (i) violate the certificate of occupancy for the Premises; (ii) make it impossible or extraordinarily difficult to obtain special form coverage, commercial general liability or other insurance required to be furnished by Tenant under this Lease; (iii) cause structural injury to any part of the Premises; (iv) impair or interfere with the proper operation and maintenance of the Premises and/or Live Oak Park and Live Oak Community Center; or (v) violate any of Tenant's other obligations under this Lease.

P. If any governmental license or permit, other than a certificate of occupancy, shall be required for the proper and lawful conduct of Tenant's business, Tenant shall procure and maintain such license or permit and submit the same for inspection by Landlord. Tenant at all times shall comply with the terms and conditions of each such license or permit.

Q. Nothing shall be done in or about the Premises by Tenant or anyone having a contractual relationship with Tenant that will result in substantial interference, by themselves or third parties, with normal operation and use of Live Oak Park and Live Oak Community Center or the means of ingress and egress thereto ("Substantial Interference"). Tenant shall use every effort to eliminate Substantial Interference, including legal action. If Tenant fails to bring an immediate halt to any Substantial Interference, Landlord shall have the right (i) to take action and require Tenant to undertake and eliminate such Substantial Interference and (ii) to commence any legal action to eliminate such Substantial Interference. Any agreement entered into by Tenant with regard to use of the Premises shall contain a provision reserving to Tenant all of the necessary rights and remedies to permit Tenant to comply with its obligations under this provision and authorizing Landlord to enforce the terms of such provision if Tenant fails to do so.

6. FREE CITY USE

The City may have free use of the space up to 8 days per year. In Year 1, Landlord will identify dates for the first year at the start of the lease. In Years 2 and 3, Landlord will provide dates 6 months in advance. As needed, Tenant may negotiate different dates with Landlord approval.

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7. ANNUAL PERFORMANCE REVIEW

During the three-year Initial Term of the lease, Landlord and Tenant staff will annually review the performance of the lease in terms of community use of the theater, rental costs and revenue, and condition of equipment and premises. This review will inform Landlord’s decision to exercise the option period, and conditions therein.

8. USE OF LIVE OAK P

ARK PROPERTY

A. The parties acknowledge that Tenant has, as a member of the general public, the non-
exclusive right, in common with others duly authorized by Landlord, and subject to all generally applicable laws and regulations, to use Live Oak Park.

B. Tenant agrees that except as otherwise provided in this Lease, it is not a covenant or condition of this Lease or of any other agreement with Tenant that Landlord undertake or cause to be undertaken any development or redevelopment of the Property or Live Oak Park or Live Oak Community Center, and Landlord shall incur no liability whatsoever to Tenant for failure to undertake such development or redevelopment.

C. Landlord at all times shall have the right and privilege of making such changes in and to Live Oak Park and Live Oak Community Center (other than to th e Premises) from time to
time which in its sole opinion are deemed to be desirable or appropriate, including the location and relocation of stairways, sidewalks, pathways, driveways, streets, entrances, exits, automobile parking spaces, the direction and flow of traffic, designation of prohibited areas, landscaped areas, utilities and all other facilities; provided, however, that the foregoing is not intended to entitle Landlord to unreasonably effect changes that would materially and adversely affect access to or visibility of the Premises, except temporarily during periods of construction. Landlord shall have the right to establish, promulgate, and enforce such reasonable rules and regulations concerning Live Oak Park, as it may deem necessary or advisable for the proper and efficient management, operation, maintenance and use thereof, and Tenant shall comply with the same.

D. Landlord at all times shall have the sole and exclusive management and control of Live Oak Park or Live Oak Community Center, including without limitation, the right to lease, license or permit the use of space within Live Oak Park or Live Oak Community Center to persons for the sale of merchandise and/or services and the right to permit advertising displays, educational displays, displays of art, and promotional activities and entertainment.

E. Nothing contained herein shall be deemed to create any liability to Landlord for any personal injury, or any damage to motor vehicles, vessels, or other property of Tenant's members, employees or others, unless caused by the gross negligence or willful misconduct of Landlord, its agents, servants or employees. Tenant is solely responsible for the security of the Premises, and for the safety of those using the Premises pursuant to this Lease or any permits or licenses from the City. Tenant acknowledges that if Landlord provides security guards or police patrols for Live Oak Park or Live Oak Community Center or any portion thereof, Landlord does not represent, guarantee or assume responsibility that Tenant or any person or entity will be secure from losses or injury caused by the acts of third parties and does not assume responsibility for any such illegal acts. Tenant hereby waives any present or future claims Tenant may have

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against Landlord, whether known or unknown, for bodily injury or property damage arising from the performance of such security agents. City shall not be obligated to provide any public liability or property damage or loss insurance for the benefit of Tenant or any other person or entity.

F. Tenant will use its best efforts to maintain effective relations with other users of Live Oak Park, Live Oak Community Center and with neighbors. Tenant shall park vehicles only in legal and/or designated parking areas and only for the legal period of time; shall deposit all trash in legal containers; shall not deposit food or material of any kind on adjacent Premises; and shall respect the sensitive environment of Live Oak Park.

G. Tenant shall not interfere with the free and unobstructed access by the public to Live Oak Park. Tenant shall not preclude other users of Live Oak Park or Live Oak Community Center from exercising a different use without first obtaining any and all appropriate permits.

Tenant shall be obligated to permit such access to Live Oak Park as required for consistency with applicable laws of the State of California, the Grant, and/or City's plans adopted from time to time; however, this sentence is not intended to, and shall not be construed to, confer any right of action upon any third party.

H. Landlord reserves to itself the right to grant to others in the future nonexclusive utility easements over, under, through, across, in or on the Premises in locations that will not unreasonably interfere with Tenant's access to or use of the Premises. Any interference shall be temporary, and all work on the Premises shall proceed expeditiously. Tenant shall be given reasonable notice before commencement of any work on the Premises. In the event the installation or maintenance of such future utility lines in such easements causes any damage to the Premises, or any portion thereof, or other facilities located upon the Premises, including but not limited to pavement, curbs and sidewalks, the same shall be repaired by Landlord at its expense, if not so repaired by the party installing and maintaining the line. Landlord shall hold harmless and indemnify Tenant from all claims arising out of the grant or use of such a utility easement, except to the extent they result from the negligence or willful misconduct of Tenant or its sub-lessees or sub-tenants.

9. EQUIPMENT AND INVENTORY

The premises include sound and lighting equipment and theater furniture and fixtures that make it a f
ully operational theater as-is. Tenant will maintain or replace equipment and inventory as needed to keep the theater in good repair and fully operational. See Exhibit X for a list of equipment and inventory included within this lease. Tenant acknowledges that this equipment and inventory is the property of the Landlord, and will re main with the theater at the termination
of the lease.

10. SERVICES

A. Landlord will pay for gas, electric, water and sewer costs, as these costs are on a shared meter with the Live Oak Community Center.

B. Tenant will make arrangements for and pay for all other utilities and services,

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including but not limited to garbage, internet, alarm service, pest control, janitorial and all fees and periodic charges related thereto.

C. Landlord makes no representation or warranty that the supply of any utility or service to the Premises will not be interrupted, delayed or reduced.

D. Landlord shall not be liable for damages to either person or property; nor shall Landlord be deemed to have evicted Tenant; nor shall there be any abatement of any rent; nor shall Tenant be relieved from performance of any covenant on its part to be performed hereunder by reason of any (i) breakdown of equipment or machinery utilized in supplying utilities or services; (ii) interruption of or failure to supply or delay in supplying any such utilities or services; (iii) the limitation or restriction on use of water, electricity gas, or telecommunications service serving the Property or Live Oak Park or Live Oak Community Center; or (iv) failure to repair or cure any of the foregoing, except in the case of Landlord's gross negligence or willful misconduct.

11. OBLIGATION OF TENANT TO REMOVE PERSONAL PROPERTY

Upon the expiration of this Agreement, Tenant is obligated to remove any personal property pla
ced in the Premises by the Tenant. If any personal property does remain on the Premises upon the expiration of the Agreement it will be considered abandoned personal property, which will be removed, by the Landlord and the Tenant will be responsible for all costs ass ociated with
removing the personal property from the Premises.

12. ALTERATIO

NS AND IMPROVEMENTS

A. Tenant acknowledges that Landlord owns the Premises. Tenant accepts the Premises from Landlord in its "as is" condition, the conditions that exist as of the Effective Date of this Lease. Tenant acknowledges that Landlord makes no representation or warranty concerning (i) the physical condition of the Premises; (ii) the Premises suitability for Tenant's proposed use; or (iii) the presence of any Hazardous Substance in or about the Property or the Premises, except as otherwise expressly set forth in this Lease. Landlord has encouraged Tenant to make its own physical inspection of all aspects of the Property and the Premises and to conduct its own investigation as to the suitability of the Property and the Premises for Tenant's use.

B. Tenant shall not make any alterations, additions or improvements to the Premises (i) costing in excess of $5,000 for any single instance or $15,000 in the aggregate for any twelve (12) consecutive months or (ii) affecting the Premises’ structure or utility systems, or attach any fixture or item of equipment thereto without Landlord's prior written consent. All such alterations, additions, or improvements shall be made at Tenant's sole expense in accordance with Landlord's General Design Requirements (if any) and the plans and specifications (including specifications for materials to be used in connection therewith) and a statement of the estimated cost of such work submitted to and approved by Landlord (collectively the "Plans and Specifications"). If the cost thereof exceeds $5,000 for any single instance, or if such Tenant's work involves the Premises’ structure or utility systems, any contractor or person selected by Tenant must be a licensed contractor. Landlord, in its sole discretion, shall approve or disapprove Tenant's request and may disapprove Tenant's use of any materials or substances,

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including but not limited to asbestos and fiber glass, which Landlord, in its sole discretion, deems potentially hazardous, toxic or threatening to health. To the extent that Tenant's work shall require a building permit or other permits from the City of Berkeley, and/or any other governmental agency, Tenant shall not perform any of Tenant's work until Tenant has obtained all requisite permits. Tenant further shall comply with all prevailing wage requirements of California Labor Code Sections 1720 et seq., to the extent such requirements are applicable to Tenant's work.

C. Tenant shall not repair, replace or modify any utility system located within the Premises without the Landlord's prior written consent. Tenant is responsible for the repair of any damage to any utility system, structural element of the Premises, facilities of Landlord or any other facilities arising out of Tenant's construction activities or Tenant's negligence or willful misconduct; provided, however, such provision is not intended to and shall not be interpreted to make any other person or entity a third party beneficiary thereof.

D. This Lease specifically prohibits Tenant, or any other party, from expanding uses or structures allowed on the Premises beyond those designated in use permits approved by the City of Berkeley. Notwithstanding approval of any new Use Permit allowing expansion, or any future expansion of the uses in existing buildings, or additions to existing buildings, or construction of any new buildings, or moving existing buildings onto the Premises, are all subject to the prior written approval of the Landlord and all are subject to the environmental review and permit regulations and approvals of same by all applicable local, state, and federal agencies.

E. If Tenant proposes to make or construct any alterations, improvements, additions or fixtures that affect any portion of the Premises or any structures located on the Premises that are allowed under an existing use permit, Tenant shall first provide the Landlord with thirty (30) days prior written notice. If Landlord raises no objections within thirty (30) days after receipt of such notice, Tenant may proceed, provided Tenant obtains all required permits.

F. Tenant shall not substantially deface or change any floors, walls, ceilings, roofs, or partition any of the structures or improvements on the Premises without first providing thirty (30) days written notice to Landlord. If Landlord raises no objections within thirty (30) days after receipt of such notice, Tenant may proceed, provided Tenant obtains all required permits.

Except as may be specifically approved in writing by Landlord, Tenant shall require all contractors to provide a labor and materials bond for the full amount of any contract for improvements that exceed $50,000. Tenant shall pay, when due, all sums of money that may be due or become due for any labor, services, materials, supplies or equipment furnished to or for Tenant in, at, upon or about the Premises and which may be secured by any mechanic's, material men’s or other lien against the Premises or Landlord's interest therein.

All alterations, improvements or additions that are now or in the future attached permanently to the Premises shall be the Property of Landlord and shall remain with the Property at the termination of this Lease, except that Landlord can elect within thirty (30) days of the termination of the Lease to require Tenant, at its cost, to remove any equipment that Tenant has affixed to the Premises.

G. 1. Tenant agrees that to the extent it is required to comply with the prevailing

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wage requirements, Tenant shall assure that all workers are paid the prevailing rate of per diem wages, and travel and subsistence payments (defined in applicable collective bargaining agreements filed in accordance with Section 1773.8 of the California Labor Code), in effect on the date of Landlord's first approval of a building permit or other approval of the work. Copies of the applicable prevailing rate of per diem wages are on file at Landlord's principal office and will be made available to any interested party on request. Tenant agrees to post a copy of the prevailing rate of per diem wages at the Property. Tenant, as a penalty to Landlord, shall forfeit Twenty-Five Dollars ($25) for each calendar day, or portion thereof (or such other sum as specified from time to time by Section 1775 of the California Labor Code), for each worker paid less than the applicable prevailing rates for such work or craft in which such worker is employed.

The difference between such prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by Tenant.

2. Tenant agrees to keep or cause to be kept by each contractor and subcontractor an accurate payroll record for each worker employed on Tenant's work covered by this subsection H showing all of the information specified in subsection (a) of Section 1776 of the California Labor Code. All such payroll records shall be certified, available for inspection and filed in accordance with the procedures specified in subsections (b)-(e) inclusive of Section 1776 of the California Labor Code. In the event of noncompliance with the foregoing requirements concerning payroll records which continues for more than ten (10) days after Landlord gives Tenant written notice specifying in what respects Tenant must comply, Tenant shall forfeit, as a penalty to Landlord, for each worker Twenty-Five Dollars ($25) for each calendar day, or portion thereof, until strict compliance is effectuated. Tenant shall be responsible for complying with Section 1777.5 of the California Labor Code concerning apprenticeable occupations, with respect to all work covered by that section. For purposes of the prevailing wage requirements of this subsection, Tenant shall be deemed to be a "contractor" as that term is used in Sections 1720 et seq., of the California Labor Code. Except where the context otherwise requires, the definitions of terms and phrases contained in the State prevailing wage law, Sections 1720 et seq., of the California Labor Code, and in the implementing administrative regulations, shall apply to the same terms and phrases which are used in the prevailing wage requirements of this subsection H.

13. LIENS

Tenant shall keep the Premises, Li ve Oak Community Center and Live Oak Park fre e
from any liens arising out of any work performed, materials furnished or obligations incurred by Tenant. In the event that Tenant shall not cause any such liens to be released of record, Landlord shall have, in addition to all other remedies provided herein or by law, the right (but not the obligation) to cause the same to be released by such means as Landlord shall deem proper, including payment of the claim giving rise to such lien. All sums paid and all expenses incurred by Landlord in connection therewith shall be reimbursed by Tenant promptly on demand. Landlord shall have the right to post and keep posted on the Premises any notices (including, without limitation, notices of non-responsibility pursuant to California Civil Code Section 3094) that Landlord may deem proper for protection of Landlord and the Premises.

Tenant shall give Landlord at least ten (10) business days' prior notice of the date of commencement of any Tenant's work on or in the Premises to allow Landlord to post such notices.

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14. TENANT AND LANDLORD MAINTENANCE OBLIGATIONS

A. Tenant agrees that during the entire term of this Lease, at its own cost and e
xpense, it shall keep and maintain the Premises, and all leasehold improvements, fixtures, furniture, and other improvements located on the Premises in good-quality order, repair and condition. Except as otherwise provided in this Lease, Tenant shall perform, at its own cost and expense, any and all maintenance, removal of graffiti, repairs, or rehabilitation to the Pr emises,
whether required by deterioration or by operations of Tenant or otherwise.

B. To the extent applicable, Tenant hereby waives the provisions of Civil Code Sections 1941 and 1942, and any other provision of law now or hereafter in effect, with regard to the habitability of the Property and the Premises.

C. "Good-quality order, repair and condition", as used herein, shall mean the maintenance, repair, or renovation of the Premises, equipment, furniture, fixtures, outdoor lighting, signage, and appurtenances necessary to keep and maintain the Premises in efficient and attractive condition, given the nature and age of the Premises, at any time during the term of this Lease.

D. Tenant shall provide its own janitorial service for the Premises, and all of Tenant's rubbish shall be removed by Tenant to such location(s) on the Premises or within Live Oak Park as may be designated by Landlord for pick-up and disposal.

E. In the event of a dispute that Landlord and Tenant cannot informally resolve, Tenant’s only remedy against Landlord shall be the right to terminate this Lease, effective thirty (30) days from the delivery of written notice to Landlord.

F. Nothing in this Secti on 11 shall be deemed to affect or impair Landlord's rights under Section 9 of this Lease. Tenant acknowledges that Landlord has no obligation and has made no promises to alter, remodel, improve, repair, decorate or paint the Premises or to improve the Premises, or any part thereof. Landlord has made no representations respecting the condition of the Premises, Live Oak Community Center or Live Oak Park, except as specifically set forth in this Lease.

15. EXTRAORDINARY COSTS

Tenant accepts the Premises in “as-is” condition. Tenant is responsible for all expenses associated with the operation, maintenance, and needed improvements to maintain the property in good condition. If unforeseen improvements with extraordinary costs are determined necessary by both the Landlord and Tenant, the parties agree to meet to discuss options for funding. Tenant acknowledges that the Landlord makes no representation that it will fund any improvements.

16. ENVIRONMENTAL

A. Tenant shall follow all environmental rules and regulations as they apply to City agencies. Specifically, Tenant shall minimize waste and recycle and compost, as per Recycling

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and Composting Guidelines for City Buildings. Tenant must participate in a recycling service provided by the City or provide an acceptable alternative with the approval of the City’s Recycling Supervisor. To that end, Tenant shall:

1. Assign someone to be in charge of its recycling programs, and to communicate needs and questions to the City’s Solid Waste Management Division.

2. Recycle corrugated cardboard, office papers and beverage containers (glass bottles, plastic bottles, and cans)

3. Place collection containers for paper at convenient locations.

4. Educate employees and program participants about recycling procedures.

5. Recycle batteries and office equipment (contact the City’s Solid Waste Management Division for information about vendors).

6. Tenant shall recycle construction waste from tenant improvements.

7. Tenant shall conserve energy.

17. DAMA

GE OR DESTRUCTION

A. In the event the Premises are damaged by fire, flood, earthquake, act of God, the e
lements, or other casualty, then (unless this Lease is terminated pursuant to this Sect ion 13)
Tenant shall forthwith repair the same, at its sole expense. In this event, Tenant shall be solely responsible for the loss, repair, and replacement of its equipment and leasehold improvements.

B. Anything in subsection A to the contrary notwithstanding, neither Tenant nor Landlord shall have any obligation to repair or rebuild the Premises following damage or destruction thereto if the damage or destruction is due to any cause or casualty other than one against which the responsible party is required to carry insurance or actually does carry insurance and such party reasonably estimates that the cost of repair or rebuilding exceeds ten percent (10%) of the replacement cost of the Premises, as the case may be. If the responsible party elects not to repair any damage or destruction pursuant to this provision, such party shall give the other party notice of such election within sixty (60) days after the date of such damage or destruction; and this Lease shall terminate as of the date of such damage or destruction.

C. Tenant hereby waives the provisions of California Civil Code Sections 1932 and 1933 and any other statutes now or hereafter in effect which relate to termination of a lease when leased Premises is damaged or destroyed and agrees that such event shall be governed by the terms of this Lease.

18. INDEMNIFICATION

A. To the fullest extent permitted by law, Tenant shall (1) immediately defend and (2) indemnify Landlord, and its directors, officers, and employees from and against all liabilities regardless of nature, type, or cause, arising out of or resulting from or in connection with the Lease. Liabilities subject to the duties to defend and indemnify include, without limitation, all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. The Tenant's obligation to indemnify applies regardless of whether a liability is a result of the negligence of any other person, unless it is adjudicated that the liability is caused by the sole active negligence or sole willful misconduct

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of an indemnified party.

B. The duty to defend is a separate and distinct obligation from the Tenant’s duty to indemnify. The Tenant shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the Landlord, the Landlord and its directors, officers, and employees, immediately upon submittal to the Tenant of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. A determination of comparative active negligence or willful misconduct by an indemnified party does not relieve the Tenant from its separate and distinct obligation to defend Landlord. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent defense counsel if Tenant asserts that liability is caused in whole or in part by the negligence or willful misconduct of the indemnified party. If it is finally adjudicated that liability was caused by the sole active negligence or sole willful misconduct of an indemnified party, Tenant may submit a claim to the Landlord for reimbursement of reasonable attorneys’ fees and defense costs.

C. The review, acceptance or approval of any of Tenant’s work or work product by any indemnified party shall not affect, relieve or reduce the Tenant’s indemnification or defense obligations. This Section survives the termination of this Lease. The provisions of this Section are not limited by and do not affect the provisions of this Lease relating to insurance.

D. Liabilities subject to this Section include any claim of discrimination or harassment, including but not limited to sexual harassment, arising from the conduct of the Tenant or any of the Tenant’s officers, employees, agents, licensees, or subcontractors. In the event of a discrimination or harassment complaint against any employee, agent, licensee or subcontractor of the Tenant or its subcontractors, the Tenant shall take immediate and appropriate action in response to such complaint, including, but not limited to termination or appropriate discipline of any responsible employee, agent, licensee or subcontractor.

19. INSURANCE

A. Tenant, at its sole expense, shall procure and maintain the following insurance:

1. C
ommercial general liability insurance insuring Tenant against any liability arising out of its use, occupancy, repair or maintenance of the Premises, Live Oak Community Center, Live Oak Park, w
ith a combined single limit of not less than $2,000,000 for injury to or death of one or more persons in any one accident or occurrence and Property damage in any one accident or occurrence. Such comprehensive general liability insurance shall include fire liability coverage and public liability and Property damage insurance, including personal injury, broad form Property damage, blanket contractual, and other coverage as may be reasonably required by Landlord. Landlord shall have the right, from time to time, to require Tenant to increase the amount of its comprehensive general liability insurance coverage if, in Landlord's reasonable opinion, the amount of such coverage is not sufficient in light of the risks insured and Tenant's use of the Premises, Live Oak Community Center, or Live Oak Park.

2. Special Form Property insurance for cost of damage to the Premises, including, without limitation, during any term of construction of Tenant's work, builders' All- Risk Insurance. Such insurance shall include coverage for vandalism and malicious mischief and

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cost of demolition and increased cost of construction by reason of changes in applicable ordinances/laws and shall not contain a co-insurance clause.

B. All policies of insurance and all renewals thereof shall be approved as to form and sufficiency by Landlord's Risk Manager and shall be issued by good and responsible companies qualified to do and doing business in California and rated A+: XIII or better in the most recent version of Bes
t's Insurance Guide. Each of the required insurance coverages except for workers compensation (i) shall name Landlord and each of its Affiliates as additional insureds and, with respect to casualty insurance, as their respective interests may appear and (ii) shall provide that it may not be canceled or altered by the insurer in such manner as to adversely affect the coverage unless sixty (60) days' prior notice is given by certified mail to Landlord at the address set forth in Section 35 below, or to such place as Landlord may from time to time designate in a notice to Tenant.

C. An ori
ginal certificate of each policy of insurance shall be delivered to Landlord prior to the date the Premises is delivered to Tenant and from time to time during the Term. If Tenant shall fail to procure or maintain any insurance required hereunder or shall fail to furnish to Landlord any duplicate policy or certificate, Landlord may obtain such insurance; and any premium or cost paid by Landlord for such insurance shall be reimbursed by Tenant promptly upon Landlord's demand. Tenant shall make good faith efforts to ensure that at least sixty (60) days prior to the expiration of any such policy, an extension endorsement showing that such insurance coverage has been or will be renewed or extended shall be delivered to Landlord and if, despite such good faith efforts, such extension endorsement cannot be timely delivered, Tenant shall cause to be delivered to Landlord within said time other reasonable documentary evidence of renewal of coverage and shall continue exercising diligent efforts to deliver to Landlord the required extension endorsement. If such coverage is canceled or reduced, Tenant, within ten (10) days after receipt of written notice of such cancellation or reduction in coverage but in no event later than the effective date of cancellation or reduction, shall deliver to Landlord a certificate showing that the required insurance has been reinstated or provided through another insurance company(ies). Upon Tenant's failure to so deliver such certificate, Landlord may, without further notice and at its option, (1) exercise Landlord's rights as provided in this Lease or (2) procure such insurance coverage at Tenant's expense and Tenant shall promptly reimburse Landlord for such expense.

D. If any of the insurance required in this Section 15 is provided under a claims- made form of policy, Tenant shall maintain such coverage continuously throughout the Term and without lapse for a period of not less than five (5) years beyond the termination of this Lease, to the effect that should occurrences during the Term give rise to claims made after termination of this Lease, such claims shall be covered by such claims-made policies.

E. Each of Tenant's Property insurance policies insuring the Premises and Tenant's Property in the Premises shall include a waiver of the insurer's right of subrogation against Landlord, or, if such waiver should be unobtainable or unenforceable, (i) an express agreement that such policy shall not be invalidated if the assured waives, before the casualty, the right of recovery against any party responsible for a casualty covered by the policy or (ii) any other form of permission concerning the assured's right to waive its right of recovery. If such waiver, agreement or permission shall not be, or shall cease to be, obtainable, Tenant shall so notify Landlord promptly after learning thereof.

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F. Tenant hereby releases Landlord with respect to any claim (including a claim for negligence) which Tenant might otherwise have against Landlord for loss, damage or destruction of Tenant's Property occurring during the Term to the extent to which Tenant is insured under a policy (ies) containing a waiver of subrogation or agreement or permission to release liability, as provided in E. above. If, notwithstanding the recovery of insurance proceeds by Tenant for such loss, damage or destruction, Landlord is liable to Tenant with respect thereto or is obligated under this Lease to make replacement, repair, restoration or payment, then (provided Tenant's right of full recovery under its insurance policies is not thereby prejudiced or otherwise adversely affected) the amount of the net proceeds of the Tenant's insurance against such loss, damage or destruction shall be offset against Landlord's liability to Tenant therefore or shall be made available to Landlord to pay for replacement, repair or restoration, as the case may be. Nothing contained herein shall relieve either party of any duty to repair, restore or rebuild imposed elsewhere in this Lease or shall nullify any abatement of rent provided for elsewhere in this Lease.

G. 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.

H. If a death, serious personal injury, or substantial Property damage occurs in connection with the performance of this Lease, Tenant shall immediately notify the Landlord's Risk Manager. If any accident occurs in connection with this Lease, Tenant shall promptly submit a written report to Landlord, in such form as the 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 subtenant, if any; 3) name and address of Tenant's liability insurance carrier; and 4) a detailed description of the accident, including whether any of Landlord's equipment, tools or materials were involved.

I. Tenant shall forward all insurance documents to:

Parks, Recreation & Waterfront Department
City of Berkeley
2180 Milvia St., 3
rd Floor
Berkeley, CA 94704

20. COMPLIANCE WITH LAWS

A. Tenant, at its sole expense, shall promptly comply with all applicable laws, ordinances, rules, regulations, permits or requirements now or hereafter in effect (whether foreseen or unforeseen by Landlord or Tenant), with the requirements of any board of fire underwriters or similar body now or hereafter constituted; with any occupancy certificate issued by any public officer and with the provisions of all recorded documents affecting the Premises, insofar as any of the foregoing relate to or affect the condition, use or occupancy of the Premises.

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Such compliance by Tenant shall include, without limitation, compliance with all obligations to alter, maintain, or restore the Premises, or construct improvements in or to the Premises, regardless of cost and regardless of when during the term of the Lease the work is required.

B. Tenant acknowledges that conducting its operations at the Premises and making certain alterations and improvements may require an authorization, approval or permit (collectively, "Regulatory Approval") from a governmental authority having jurisdiction over the Premises. Tenant shall be solely responsible for obtaining any such Regulatory Approval, and Tenant shall not seek any Regulatory Approval without first obtaining the approval of Landlord.

All costs associated with applying for and obtaining any necessary Regulatory Approval shall be borne by Tenant. Tenant shall be solely responsible for complying with any and all conditions imposed by regulatory agencies as part of a Regulatory Approval; however, Landlord shall not take any action that would materially interfere or prevent Tenant from complying with all such conditions. Any fines or penalties imposed as a result of the failure of Tenant to comply with the terms and conditions of any Regulatory Approval shall be paid and discharged by Tenant, and Landlord shall have no liability, monetary or otherwise, for said fines and penalties, except to the extent that such fines or penalties were caused by the willful acts or omissions of Landlord. To the fullest extent permitted by law, Tenant agrees to indemnify and hold Landlord and its officers, agents and employees harmless from and against any loss, expense, cost, damage, attorneys' fees, penalties, claims or liabilities which Landlord may incur as a result of Tenant's failure to timely obtain or comply with the terms and conditions of any Regulatory Approval.

Landlord agrees to cooperate (but only to the same extent and in the same manner as a non- public entity could so cooperate, and not as an exercise of Landlord's police or regulatory power) with Tenant in filing, processing and obtaining all Regulatory Approvals, and upon request of Tenant, to join with Tenant as co-applicant in filing, processing and obtaining all Regulatory Approvals; provided, however, that Landlord may refuse to file, process or obtain Regulatory Approvals or to join Tenant as a co-applicant if Landlord determines in its sole and absolute discretion that it is not in Landlord's best interest to do so. Nothing contained herein shall be deemed to limit or otherwise constrain Landlord's discretion, powers, and duties as a regulatory agency with certain police powers.

C. Tenant understands and agrees that Landlord is entering into this Lease in its capacity as a landowner with a proprietary interest in the Premises and not as a regulatory agency of the City of Berkeley with certain police powers. Landlord's legal status shall in no way limit the obligation of Tenant to obtain any required approvals from Landlord's departments, boards, or commissions that have jurisdiction over the Premises. By Landlord's entering into this Lease, neither Landlord nor any of City Council, boards, commissions, agencies, departments, or Affiliates obligates itself to any other governmental agent, board, commission or agency, or to Tenant, or to any other individual or entity, with regard to any discretionary action relating to development or operation of the Premises or Live Oak Park. Discretionary action includes but is not limited to rezonings, variances, environmental clearances, or any other governmental agency approvals that may be required or desirable for the improvement, alteration, or operation of the Premises or Live Oak Park. By entering into this Lease, Landlord is in no way modifying or limiting the obligation of Tenant to cause the Premises to be used and occupied in accordance with all laws.

21. ASSIGNMENT AND SUBLEASE

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A. Any provision of this Lease to the contrary notwithstanding, Tenant shall not directly or indirectly, by operation of law or otherwise, transfer, assign, pledge, encumber or hypothecate this Lease or all or any portion of the Premises or Tenant's interest in and to the Premises (collectively, an "Assignment") or sublet the Premises or any portion thereof or permit the Premises or any portion thereof to be used, occupied or managed by anyone other than Tenant pursuant to any Lease, use or concession agreement or otherwise (collectively, a "Sublease") without first obtaining Landlord’s written consent. Any assignment, encumbrance, or sublease without Landlord's written consent shall be voidable and, at Landlord's election, shall constitute a default. City has the sole discretion to determine whether to agree to any sublease or assignment. No consent to any assignment, encumbrance, or sublease shall constitute a further waiver of the provisions of this paragraph.

B. Neither this Lease nor any interest therein shall be assignable or transferable in proceedings in attachment, garnishment, or execution against Tenant, in voluntary or involuntary proceedings in bankruptcy or insolvency or receivership taken by or against Tenant or by any process of law. Possession of the Premises shall not be divested from Tenant in such proceedings or by any process of law without the prior written consent of Landlord.

C. Tenant expressly waives any rights that it might otherwise be deemed to possess pursuant to applicable law, including without limitation, Section 1997.040 of the California Civil Code, to limit any remedy of Landlord pursuant to Section 1951.2 or 1951.4 of the Code by means of proof that enforcement of a restriction on use of the Premises would be unreasonable.

22. INSPECTION

Landlord may enter the Premises at all reasonable times (with reasonable advance notice ex
cept in case of emergency) (i) to inspect the same; (ii) to exhibit the same to prospective purchasers, mortgagees or tenants; (iii) to conduct tests, inspections and surveys to determine whether Tenant is complying with all of its obligations hereunder; (iv) to post notices of nonresponsibility or other notices that may be permitted hereunder; (v) to post "to Lease" signs of reasonable size upon the Premises during the last ninety (90) days of the Term; and (vi) to make repairs required or permitted to be made by Landlord or repairs to any adjoining space or any utility systems or to make repairs, alterations or additions to any other portion of the Premises or Live Oak Park; provided, however, that all such work shall be done as promptly and with as little interference to Tenant as reasonably possible. Ten ant hereby waives all claims
against Landlord for any injury or inconvenience to or interference with Tenant's business or any loss of occupancy or quiet enjoyment of the Premises resulting from Landlord's entry into the Premises or any work performed therein by Landlord. Landlord shall at all times have a key to all doors in and about the Premises (excluding Tenant's vaults, safes and similar areas designated by Tenant in writing in advance), and Landlord shall have the right to use any and all means which Landlord may deem proper in an emergency to obtain entry to the Premises. Tenant also shall provide Landlord with written notice of the name, address, telephone number, and Tenant's account number of the burglar alarm company (if any) utilized by Tenant for the Premises. Any entry to the Premises by any of said means or otherwise shall not under any circumstances be deemed a forcible or unlawful entry into or a detainer of the Premises or an eviction (actual or constructive) of Tenant from the Premises.

23. DEFAULT

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The occurrence of any one of the following shall constitute an event of default on the part of Tenant:

A. Failure to Use Premises. Failure to use the Premises as specified in Sections 5 and 6.

B. Nonpayment of Rent. Failure to pay any installment of rent or any other sum due and payable hereunder upon the date when such payment is due, such failure continuing for a period of five (5) days after written notice of such failure; provided, however, that Landlord shall not be required to provide such notice more than twice during any consecutive twelve (12) months with respect to non-payment of any portion of rent, the third such non-payment during any consecutive twelve (12) months constituting an event of default without requirement of notice.

C. Other Obligations. Fai
lure to perform any obligation, agreement or covenant
under this Lease, such failure having continued for thirty (30) days after notice of such failure from Landlord or such longer period as is reasonably necessary to remedy such default, provided that Tenant has commenced to remedy the default within such thirty (30) day period and shall continuously and diligently pursue such remedy until such default is cured.

D. General Assignment. A
general assignment by Tenant for the benefit of creditors.

E. Bankruptcy. Th e filing of a voluntary petition in bankruptcy by Tenant, or the filing of an involuntary petition by Tenant's creditors, which involuntary petition remains undischarged for a period of thirty (30) days. In the event that under applicable law the trustee in bankruptcy or Tenant has the right to affirm this Lease and to continue to perform the obligations of Tenant hereunder, such trustee or Tenant, in such time period as may be permitted by the bankruptcy court having jurisdiction, shall cure all defaults of Tenant hereunder outstanding as of the date of affirmance and shall provide to Landlord such adequate assurances as may be necessary to ensure Landlord of the continued performance of Tenant's obligations hereunder. Any transferee (by operation of law or otherwise) must provide Landlord with adequate assurance of its future performance under this Lease. In the event of Tenant's bankruptcy, insolvency or reorganization, the parties specifically intend that the actions of the trustee or Tenant in assuming and/or assigning this Lease shall be governed by Section 365 of Title 11 of the United States Code applicable to shopping center leases.

F. Receivership. The employment of a receiver to take possession of all or substantially all of Tenant's assets in the Premises.

G. Insolvency. Th e attachment, execution or other judicial seizure of all or substantially all of Tenant's assets in or on the Premises; the admission by Tenant in writing of its inability to pay its debts as they become due; the filing by Tenant of a petition seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future law or regulation; the filing by Tenant of an answer admitting or failing timely to contest a material allegation of a petition filed against Tenant in any such proceeding or if, within thirty (30) days after the commencement of any proceeding against Tenant seeking reorganization or arrangement, composition, readjustment, liquidation,

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dissolution or similar relief under any present or future law or regulation, such proceeding shall not have been dismissed.

H. Release of Hazardous or Toxic Substances or Materials and Other Environmental Impacts. Any release or discharge in, on, under, around, or from the Premises and/or Live Oak Park by Tenant, its agents or employees of Hazardous Substances which has not been fully cleaned up within ten (10) days after such release or discharge. Any negative impacts to the natural habitat and environment of Live Oak Park caused by Tenant that are documented by a qualified, independent source and for which reasonable remediation measures are not available, or the Tenant fails to cooperate with the Landlord in implementing in a timely manner reasonable measures intended to mitigate any negative impacts.

I. Illegal Drugs. Any release or discharge of chemicals, toxics, solution in connection with the manufacturing and mixing of any illegal substance on the premises.

J. Non-compliance with lease term. Fa
ilure to pay all rents or sums due, failure to
perform any of the obligations, such failure continuing for 30 days after notice from the landlord of said default.

24. REMEDIES UPON DEFAULT

A. Termination. In the event of the occurrence of any event of default, Landlord shall have the right immediately to terminate this Lease by written notice and at any time thereafter to recover possession of the Premises or any part thereof and to expel and remove Tenant, any other person or party occupying the same and all Premises located therein, by any lawful means and to reenter the Premises without prejudice to any of the remedies that Landlord may have under this Lease or under law or equity.

B. Continuation After Default. In the event of any default, this Lease shall continue in effect for so long as Landlord does not terminate this Lease under subsection A above. In such case, Landlord may enforce all its rights and remedies under this Lease, including without limitation, the right to recover rent as it becomes due, and all of its rights and remedies under law. Acts of maintenance, preservation, efforts to relet the Premises for Tenant's account or the appointment of a receiver upon application of Landlord to protect Landlord's interest under this Lease shall not constitute an election to terminate this Lease or Tenant's right to possession.

C. Damages Upon Termination. Should Landlord terminate this Lease pursuant to subsection A above, in addition to any other rights and remedies to which it may be entitled under applicable law, Landlord shall be entitled to recover from Tenant: (i) the worth at the time of the award of the unpaid rent and other amounts which had been earned at the time of termination; plus (ii) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of the award exceeds the amount of such rent loss that Tenant proves reasonably could have been avoided; plus (iii) the worth at the time of the award of the amount by which the unpaid rent for the balance of the Term after the time of award exceeds the amount of such rent loss that Tenant proves reasonably could be avoided; plus (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which, in the ordinary course of things, would likely result therefrom, including without limitation, the

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costs and expenses (including brokerage commissions and advertising costs) incurred by Landlord, with or without terminating the Lease, (1) in retaking possession of the Premises; (2) in cleaning and making repairs and alterations to the Premises reasonably necessary to return the Premises to good condition for the use permitted by this Lease and otherwise to prepare the Premises for reletting;(3) in removing all persons and personal property from the Premises and transporting and storing any of Tenant's personal property left at the Premises, although Landlord shall have no obligation to remove, transport, or store any of such personal property; and (4) in reletting the Premises for such term, at such rent and upon such other terms and conditions as Landlord in its sole discretion may deem advisable; plus (v) such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time under California law. The "worth at the time of award" of the amounts referred to in (i) and (ii) shall be computed with interest at the maximum rate allowed by law. The "worth at the time of award" of the amount referred to in (iii) shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award plus one percent (1%).

D. Computation of Rent For Purposes of Default. For purposes of computing unpaid rent which would have accrued and become payable pursuant to subsection C above, unpaid rent shall include the total rent for the balance of the term of the Lease.

E. Remedies Cumulative. All rights, privileges and elections or remedies of the parties are cumulative and not alternative to the extent permitted by law and except as otherwise specifically provided herein.

F. No Waiver. Landlord's waiver of any breach of a covenant or condition hereof, or Landlord's failure to declare any default immediately upon occurrence thereof or a delay in taking any action in connection therewith shall not waive such breach or such covenant or condition or any subsequent breach thereof. The subsequent acceptance of rent or other monies by Landlord shall not be deemed a waiver of any preceding default by Tenant, other than the failure of Tenant to pay the particular rent or other sum so accepted, regardless of Landlord's knowledge of such default at the time of its acceptance of rent.

G. No Right of Redemption. Tenant waives any right of redemption or relief from forfeiture under California Code of Civil Procedure Sections 1174 and 1179 or any other present or future law in the event Tenant is evicted or Landlord takes possession of the Premises by reason of Tenant's default.

25. ENVIRONMENTAL OBLIGATIONS

A. Tenant shall not, without Landlord's prior written consent (which consent may be granted or denied in Landlord's sole discretion), install, bring into or release or discharge in, on, under, around, or from the Premises any (i) asbestos-containing materials, (ii) electrical transformers, fluorescent light fixtures with ballasts or other equipment containing PCB's or (iii) materials which constitute hazardous, extremely hazardous or toxic materials under the Resource Conservation and Recovery Act, the California Hazardous Waste Control Act, the Comprehensive Environmental Response Compensation and Liability Act, the California Safe Drinking Water and Toxic Enforcement Act of 1986 or any other applicable law or regulation concerning hazardous or toxic materials, (collectively "Hazardous Substances") and has not done so prior to the effective date of this Lease. Any Hazardous Substances which are used, stored,

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treated, disposed of or released from the Premises by Tenant or its representatives, agents, employees or invitees, shall be used, stored, treated, released and disposed of in accordance with all applicable laws and regulations.

B. If Tenant knows or has reasonable cause to believe that any Hazardous Substance has been released on or beneath the Premises, Tenant shall immediately notify the Berkeley Police Department and the Toxic Management Office and promptly give written notice of same to Landlord. If Tenant knows or has reasonable cause to believe that such substance is an imminent and material danger to public health or safety, Tenant shall take all actions necessary to alleviate such danger. Tenant shall provide to Landlord as promptly as possible, and in any event within five business days after Tenant first receives or sends the same, copies of all claims, reports, complaints, notices, warnings or asserted violations relating in any way to the Premises or Tenant's use thereof and concerning Hazardous Substances. Tenant shall not negotiate or enter into any settlement agreement, consent decree or other compromise in respect of Hazardous Substances affecting the Premises or the Premises without first giving Landlord prior written notice and full opportunity to appear, intervene or otherwise protect Landlord's rights and interests.

C. Without limitation of the provisions of Section 14 hereof, Tenant shall indemnify, defend and hold Landlord and its affiliates harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses which arise during or after the term of this Lease as a result of the handling of Hazardous Substances on the Premises, or Live Oak Park by Tenant, its agents or invitees, including without limitation, all costs of monitoring, investigating, and remediation of the same, damages for diminution in the value of the Premises, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises, damages arising from any adverse impact on marketing of any such space and sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees. This indemnification by Tenant includes, but is not limited to, costs incurred in connection with any investigation of site conditions or any clean-up, remediation, removal or restoration work requested by Landlord or required by any federal, state or local governmental agency or political subdivision because of Hazardous Substance present in the soil or groundwater in, on or under the Premises or in any improvements. Without limiting the foregoing, if the presence of any Hazardous Substance in, on, under or about the Premises caused or permitted by Tenant results in any contamination of the Premises or Live Oak Park, Tenant, at its sole expense, promptly shall take all action that is necessary to return the Premises to the condition existing prior to the introduction of such Hazardous Substance in, on, under or about the Premises; provided that Landlord's approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions could not potentially have any material adverse effect upon the Premises. Tenant's obligations under this Section 21.C. shall survive the expiration or termination of this Lease.

26. LANDLORD'S RIGHT TO CURE

All covenants to be performed by Tenant shall be performed at Tenant's sole cost and ex
pense and without abatement of rent. Wit
hout limiting Landlord's rights under any other
provision of this Lease, if Tenant shall fail to pay any sum of money or shall fail to perform any other act and such failure shall have become an event of default under Section 19, Landlord, without waiving or releasing Tenant from any of its obligations, may make (but shall not be obligated to make) any such payment or perform any such other act. All sums so paid by

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Landlord and all necessary incidental costs shall be deemed additional rent and shall be payable to Landlord immediately upon Landlord's written demand.

27. EMINENT DOMAIN

A. If all or any part of the Premises shall be taken as a result of the exercise of the pow
er of eminent domain, this Lease shall terminate as to the part so taken on the earl ier of the
dates that title vests in the condemning authority or such authority takes possession of the Premises. In the case of a partial taking, either Landlord or Tenant shall have the right to terminate this Lease as to the balance of the Premises by written notice to the other party within thirty (30) days after such date of taking; provided, however, that Tenant shall have no right to terminate this Lease unless the portion of the Premises taken shall be of such extent and nature as substantially to impede or impair Tenant's use of the balance of the Premises. In the event of any such taking, Landlord shall be entitled to all compensation, damages, income, rent, awards and interest that may be paid or made in connection with such taking. Tenant shall have no claim against Landlord for the value of any unexpired Term; however, Landlord shall cooperate with Tenant if Tenant seeks to recover, at its sole expense, proceeds or awards paid to compensate for damage to the "goodwill" associated with Tenant's business. Any such amounts recovered shall belong to Tenant.

B. If any part of the Premises shall be so taken and this Lease shall not be terminated, then this Lease shall continue in full force and effect, except that the Rent shall be reduced in the same proportion that the rentable area of the Premises taken bears to the original rentable area of the Premises. Landlord, upon receipt of the award, shall make all necessary repairs and alterations (exclusive of Tenant's trade fixtures, furniture, furnishings, personal Premises, decorations, signs and contents) to restore the portion of the Premises remaining to as near its former condition as the circumstances will permit and to restore the Premises to the extent necessary to constitute the portion of the Premises not so taken a complete architectural unit. Landlord, in any event, shall not be required to spend for such repairs and alterations an amount in excess of the amount received by Landlord as damages for the taking of such part of the Premises; and Tenant, at its sole cost and expense, shall make all necessary repairs and alterations to Tenant's trade and lighting fixtures, furniture, furnishings, personal Premises, decorations, signs and contents.

C. As used herein, the "amount received by Landlord" shall mean that portion of the award received by Landlord as damages from the condemning authority which is free and clear of all prior claims or collections by Landlord and less reasonable attorneys' and appraisers' fees and expenses.

28. SUBORDINATION

A. This Lease shall be subject and subordinated to (i) all ground or underlying leases w
hich have been or may hereafter be executed affecting the Premises, (ii) any Declaration of Covenants, Conditions and Restrictions now or hereafter recorded affecting Live Oak Par k and
Live Oak Community Center, all without the necessity of having further instruments executed on behalf of Tenant to effectuate such subordination.

B. Tenant agrees to execute and deliver upon demand such further instruments or

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documents as may reasonably be required by Landlord to evidence any such subordination of this Lease. Tenant hereby constitutes and appoints Landlord, as Tenant's attorney-in-fact, coupled with an interest, to execute and deliver any such instrument(s) on behalf of Tenant.

29. NO MERGER

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

30. TRANSFER BY LANDLORD

In the event the original Landlord or any successor owner of Live Oak Park shall sell or convey the Premises, or any portion thereof that includes the Premises, all liabilities and obligations on the part of the original Landlord or such successor owner shall terminate. All such liabilities and obligations thereupon shall be binding only upon the new owner. Tenant agrees to attorn to such new owner.

31. ESTOPPEL CERTIFICATES

From time to time, Tenant shall execute and deliver to Landlord promptly upon request a ce
rtificate certifying (i) that this Lease is unmodified and in full force and effect or, if there has been any modification, that this Lease is in full force and effect as modified, and stating the date and nature of each such modification; (ii) the date to which rent and other sums payable hereunder have been paid; (iii) that no notice has been received by Tenant of any default which has not been cured, except as to defaults specified in such certificate; (iv) that Landlord is not in default under this Lease and that Tenant has no claims, charges, offsets or defenses against Landlord, or specifying the nature of any such default or claim, charges, offsets or defense; and (v) such other matters as may be reasonably requested by Landlord. An y such certificate may be
relied upon by any prospective purchaser, vendee, or other party. If Tenant fails to execute and deliver any such certificate within ten (10) business days after Landlord's written request, such failure, at Landlord's election, shall be conclusive against Tenant that this Lease is in full force and effect, without modification (except as may be represented by Landlord), that there are no uncured defaults in Landlord's performance, and that not more than one month's rent has been paid in advance.

32. HOLDING OVER

If, after the expiration of the Term of the Lease, Tenant remains in possession of the Premises with Landlord’s consent all provisions of this Lease shall remain in effect with the following exceptions: (1)Tenant shall become a tenant from month-to-month, such tenancy terminable on thirty (30) days’ notice given at any time by either party; and (2) the Rent shall increase to 120% of the amount of the rent when the Lease expired.

33. CHANGES BY LANDLORD

A. The description of the Premises and the location of any Premises utility system(s),

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including without limitation electrical, plumbing, shall be subject to such minor changes as Landlord determines to be necessary or desirable in the course of any construction performed by or under the authorization of Landlord. No such changes shall invalidate or affect this Lease. Landlord shall effect such changes using reasonable efforts not to disturb Tenant's business. Tenant shall have no claim against Landlord for abatement of rent or loss of business as a result of any such disturbance.

B. Landlord shall have the right in its sole discretion to, among other things, change permitted land uses, install, maintain and remove public improvements, change the arrangement, character, use or location of entrances or passageways, walkways, streets, sidewalks, parking areas, stairs, landscaping, toilets, and other facilities and portions of Live Oak Park and Live Oak Community Center, and to change the name, number or designation by which the Premises is commonly known. None of the foregoing shall be deemed an actual or constructive eviction of Tenant, nor shall it entitle Tenant to any reduction of rent hereunder or result in any liability of Landlord to Tenant; provided, however, Landlord shall not unreasonably obstruct or interfere with access to or the lines of sight toward the Premises.

34. GOVERNING LAW

This Lease shall be governed by the laws of the State of California.

35. SECURITY DEPOSIT

As security for the full and faithful performance by Tenant of each and every term, provision, cove
nant, and condition of this Lease, Tenant shall deposit with Landlord in an amount of SEVEN HUNDRED DOLLARS ($700), unless waived in whole or in part by Landlord. Such security shall be deposited on or before the Effective Date of this Lease.

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.

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. Landlord may deliver the security deposit to a purchaser of the Premises and be discharged from further liability with respect to it.

36. SIGNA
GE

The size, design, material and location of any sign, marquee, awning, decoration or other atta
chment, advertising material or lettering on the Premises (collectively "signage") shall be subject to Landlord's prior written approval. All such signage sh all comply with the criteria

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outlined in Berkeley Municipal Code, Title 20 and shall be subject to the following provisions:

A. Tenant, at its sole expense, shall submit to Landlord a written description of all proposed signage, including dimensions, color, proposed location and other pertinent information ("Signage Proposal"). Landlord shall review the Signage Proposal and shall notify Tenant in writing of its approval, or reason(s) for its disapproval, within thirty (30) business days after Landlord's receipt of the Signage Proposal. If disapproved, Tenant shall make all required modifications to the Signage Proposal and shall resubmit the same to Landlord within seven (7) days after its receipt of Landlord's disapproval.

B. Within ten (10) days after Landlord's approval of the Signage Proposal, Tenant, at its sole expense, shall cause to be prepared and submitted to Landlord two (2) sets of plans ("Sign Plans") reflecting in detail the information contained in the approved Signage Proposal.

Landlord shall review the Sign Plans within thirty (30) days after Landlord's receipt of the same.

C. Upon Tenant's receipt of its sign permit from Landlord, Tenant shall construct and/or install all signage shown on the Sign Plans; in any event, however, Tenant shall complete such construction and/or installation not later than thirty (30) days after the sign permit is issued, unless otherwise agreed to by the City in writing.

D. Upon Landlord's request, Tenant immediately shall remove any signage that Tenant has placed or permitted to be placed in, on or about the Premises contrary to the terms of this Section 32. If Tenant fails to do so, Landlord may enter upon the Premises and remove the same at Tenant's expense. Tenant, at its sole expense, shall maintain and replace all approved signage and shall repair, at its sole expense, any damage to the Premises caused by the erection, maintenance or removal of any signage, including any damage caused by Tenant's removal of its signage at the expiration or earlier termination of the Lease. Tenant also shall comply with such regulations as may from time to time be promulgated by Landlord governing the signage of all tenants in Live Oak Park.

37. NO PARTNERSHIP

It is expressly understood and agreed that Landlord shall not be deemed in any way or for an
y purpose a partner, agent or principal of Tenant, in the conduct of its business or otherwise, or a joint venture or member of a joint enterprise with Tenant.

38. NO WAIVER

Landlord's waiver of Tenant's breach of any covenant or condition shall not be deemed a wai
ver of any subsequent breach of the same or any other covenant or condition, nor shall any custom or practice which may develop between the parties in the administration of the terms hereof be construed to waive or to lessen the right of Landlord to insist upon Tenant's performance in strict accordance with the terms of this Lease.

39. NOTICES

All notices, demands, consents or approvals which may or are required to be given by ei
ther party shall be in writing and shall be deemed to have been received when delivered

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personally or on the earlier of the date of actual receipt or two (2) business days following deposit in the United States mail, registered or certified, postage prepaid, addressed as follows:

To Tenant: Youth Musical Theater Company
1000 42nd Street
Oakland, CA 94608

To Landlord: Parks, Recreation & Waterfront
City of Berkeley
2180 Milvia Street, 3 rd Floor
Berkeley, CA 94704

With copy to: City Manager
City of Berkeley
2180 Milvia Street, 5th Floor
Berkeley, CA 94704

Notices to Landlord regarding Hazardous Substances required by Section 21 hereof shall be sent both to the above addresses and to such other place as either party may from time to time designate in a written notice to the other party, or in the case of Tenant, delivered to the Premises.

Tenant will appoint an agent to receive the service of all proceedings, demands, and notices hereunder the person in charge of or occupying the Premises at the time. If no person shall be in charge of or occupying the same, then such service may be made by attaching the same on the main entrance of the Premises.

40. COMPLETE AGREEMENT

This Lease is intended by the parties as the final expression of their agreement with re
spect to such terms as are included herein and may not be contradicted by evidence of any prior or contemporaneous agreement. T
he parties further intend that this Lease constitutes the complete and exclusive statement of its terms, and no extrinsic evidence whatsoever may be introduced in any judicial or other proceeding involving this Lease. The language and all parts of this Lease shall be construed as a whole and in accordance with its fair meaning and not restricted for or against either party. This Lease may be modified or amended only by a written instrument signed by both parties.

41. REQUESTS FOR CONSENT; WAIVER OF CL
AIM

Tenant hereby waives any claim for damages against Landlord that it may have based upon an
y assertion that Landlord unreasonably has withheld or has delayed any consent or approval, and Tenant's sole remedy shall be an action for specific performance of such provision, injunction or declaratory judgment. In the event of a final determination in Tenant's favor, the requested consent or approval shall be deemed to have been granted.

42. INTERPRETATION

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The use of masculine, feminine, or neuter genders shall include the other genders, and the singular shall include the plural and vice-versa. Headings are intended for convenience only and shall not be referred to in construing any provision. If there is more than one party as Tenant, the obligations imposed upon Tenant shall be joint and several. If any provision(s) of this Lease shall be found, to any extent, to be invalid or unenforceable the remainder of the Lease shall not be affected thereby.

43. S UCCES

SORS AND ASSIGNS

This Lease shall be binding upon and shall inure to the benefit of Landlord, its successors and a
ssigns, and shall be binding upon and shall inure to the benefit of Tenant, its heirs, successors and (to the extent assignment may be permitted hereunder) assigns.

44. AUTH
ORITY

If Tenant is a corporation or partnership, each of the persons executing this Lease on beha
lf of Tenant covenants and warrants that Tenant is a duly authorized and existing corporation or partnership, that Tenant has and is qualified to do business in California, that Tenant has full right and authority to enter into this Lease and that each person signing on behalf of Tenant is authorized to do so.

45. UNAVOIDABLE DELAYS

A. In the event that Tenant or Landlord is delayed, directly or indirectly, from the pe
rformance of any act or thing required to be done or performed under the terms or conditions hereof by acts of the other party to this Lease, acts of God, fire, floods, inclement weather, unavoidable gover
nmental action, strikes or labor difficulties of any and all kinds, shortages of or delay in the delivery of materials, acts of war, riot and civil commotion, or by any other cause beyond the reasonable control of Tenant or Landlord, as the case may be, such failure shall not be deemed to be a breach of this Lease or a violation of any such covenants or conditions and the time within which Tenant or Landlord must perform any such act shall be extended by a period of time equal to the period of delay arising from any of such causes.

B. Notwithstanding any provision of this Section 41 or any other provision of this Lease to the contrary, it is understood and agreed that there shall be no abatement of, or delay in the commencement of, or payment of any sum due to Landlord under this Lease.

46. TIME OF THE ESSENCE

Time is of the essence of each and every covenant and condition of this Lease.

47. BROKERAGE

Landlord and Tenant hereby represent and warrant, each to the other, that they have not dis
closed this Lease or the subject matter hereof to, and have not otherwise dealt with, any broker, finder or any other person, firm, corporation or other legal entity so as to create any legal
right or claim of whatsoever kind or nature for a commission or similar fee or compensation with respect to the Premises or this Lease. Landlord and Tenant hereby indemnify each other against,

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and agree to hold each other harmless from, any liability or claim (and all expenses, including attorneys' fees, incurred in defending any such claim or in enforcing this indemnity) for a real estate brokerage commission or similar fee or compensation arising out of or in any way connected with any claimed dealings with the indemnitor and relating to the Premises or this Lease.

48. CITY NON-DI

SCRIMINATION ORDINANCE

A. Tenant hereby agrees to comply with the provisions of the Berkeley Municipal Code ("B
.M.C."), including without limitation Chapter 13.26, as amended from time to time. In the performance of its obligations under this Lease, Tenant agrees as follows:

1. 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.

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

B. Tenant understands that this Lease is governed by City Council Resolution No. 58,664 – N.S. This resolution, as may be amended from time, stipulates that Tenant's memberships policies may be reviewed by the City for compliance therewith at any time, and that unsatisfactory membership policies may result in non-renewal of this Lease or termination by the City.

49. NON-DI

SCRIMINATION AGAINST PERSONS WITH DISABILITIES

A. I
f Tenant provides any aid, service or benefit to others on the Landlord’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 Landlord.

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 of Tenant's activities must be in accordance with these laws, ordinances, codes, and regulations, and Tenant shall be solely responsible for complying therewith.

50. CONFLICT OF INTEREST PROHIBITED

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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 board, 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 reasonably 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 used 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.

51. NUCLEAR FREE BERKELEY

Tenant agrees to comply with B.M.C. Chapter 12.90, the Nuclear Free Berkeley Act, as ame
nded from time to time.

52. OPPRESSIVE STATES

A. In accordance with Resolution No. 59,853 – N.S., Tenant certifies that it has no cont
ractual relations with, and agrees during the term of this Lease to forego contractual relations to provide personal services to, the following entities:

(1) The governing regime in any Oppressive St
ate.
(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 this Lease) 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 paragraph shall constitute a default of this Lease and Landlord may terminate this Lease pursuant to Section 19. In the event that Landlord terminates this Lease due to a default under this provision, Landlord may deem Tenant a non- responsible bidder for five (5) years from the date this Lease is terminated.

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53. BERKELEY LIVING WAGE ORDINANCE (LWO)

A. Tenant agrees to comply with Berkeley Municipal Code Chapter 13.27, the B
erkeley Living Wage Ordinance (LW
O). If Tenant employs six (6) or more part-time or full- time 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. 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 Premises, 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 paragraph shall be made available upon the City's request. The failure to produce these records upon demand shall be considered a default, subject to the provisions contained in Section 19 herein.

C. If Tenant is subject to the LWO, Tenant shall include the requirements of the ordinance, as defined in B.M.C. Chapter 13.27, in any and all subleases in which Tenant enters with regard to the subject premises. Subtenants shall be required to comply with this ordinance with regard to any employees who spend 25% or more of their compensated time on the leased Premises.

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 19.

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 all 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.

54. BERK

ELEY EQUAL BENEFITS ORDINANCE (EBO)

A. Tenant hereby agrees to comply with the provisions of the Berkeley Equal B
enefits 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 emp loyees 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.

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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 Section 19 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 20.

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.

55. REQUIRED ACCESSIBILITY DISCLOSURE

A. Landlord hereby advises Tenant that the Premises and Facility have undergone an i
nspection by a certified access specialist, and Te
nant acknowledges receipt of findings from that
inspection. 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 lessor 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.

56. AUDIT

Pursuant to Section 61 of the Berkeley City Charter, the City Auditor's Office, or its des
ignee, may conduct an audit of Tenant's financial, per
formance and compliance records

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maintained in connection with the operations and services performed under this Lease, and with the payments made under this Lease. In the event of such audit, Tenant agrees to make all such financial, performance and compliance records available to the Auditor's Office, or to its designee. City agrees to provide Tenant an opportunity to discuss and respond to any findings before a final audit report is filed.

57. CITY BUSINESS LI
CENSE, PAYMENT OF TAXES, TAX I.D. NUMBER

Tenant has obtained a City business license as req
uired by B.M.C. Chapter 9.04, and its
license number is written below; or, Tenant is exempt from the provisions of B.M.C. Chapter

9.04 and has written below the specific B.M.C. section under which it is exempt. Tenant shall pay all state and federal income taxes and any other taxes law fully assessed and due. Tenant
certifies under penalty of perjury that the taxpayer identification number written below is correct.

58. SURVIVAL

The provisions of this Lease and obligations of Tenant, that by their nature, ar e to be performed
after or are to survive termination of this Lease shall survive such termination.

59. EXHIBITS

Exhibit A, and any other exhibit, addendum or schedule referenced in this Lease are made a part hereof by this reference.

IN WITNESS WHEREOF, the parties hereto have executed this Lease at Berkeley, California effective as of the Effective Date.

LANDLORD:

CITY OF BERKELEY
A municipal corporation

By: __________________
City Manager Date

Approved as to form: Registered by:

___________________ ________________ City Attorney Date City Auditor Date

Attest:

__________________
City Clerk Date

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TENANT:

YOUTH MUSICAL THEATRE COMPANY
A non-profit organization

By: ______________________________
Jennifer Boesing, Executive Director Date

TENANT INFORMATION

Tax Identification No.

Incorporated: Yes No
Certified Woman Business Enterprise: Yes____ No ____
Certified Minority Business Enterprise: Yes ____ No ____ Certified Disadvantaged Business Enterprise: Yes No City Business License No. ___________, or Exempt pursuant to B.M.C. Section _________

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Exhibit “A”: Leased Premises

Live Oak Theater:

That portion of the Live Oak Community Center known as Live Oak Theater, occupying the area as depicted in Figure 1. The Premises comprises approx. 3,000 sq ft, and includes an entry foyer and restroom, 91 theater seats, stage, backstage area with 2 dressing rooms and restroom, and sound/light booth.

Figure 1: Live Oak Theater Premises

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

CONSENT CALENDAR
September 10, 2024
To: Honorable Mayor and Members of the City Council
From: LaTanya Bellow, Interim City Manager
Submitted by: Mark Numainville, City Clerk
Subject: Minutes for Approval

RECOMMENDATION
Approve the minutes for the Council meetings of July 8, 2024 (special), July 9, 2024 (special and regular), July 22, 2024 (special), July 23, 2024 (specials and regular), July 29, 2024 (special), July 30, 2024 (special and regular) August 5, 2024 (special).

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

1. July 8, 2024 – Special Closed City Council Meeting

2. July 9, 2024 – Special City Council Meeting

3. July 9, 2024 – Regular City Council Meeting

4. July 22, 2024 – Special 3:00 p.m. City Council Meeting

5. July 23, 2024 – Special 3:30 p.m. City Council Meeting

6. July 23, 2024 – Special 5:30 p.m. City Council Meeting

7. July 23, 2024 – Regular City Council Meeting

8. July 29, 2024 – Special City Council Meeting

9. July 30, 2024 – Special City Council Meeting

10.July 30, 2024 – Regular City Council Meeting

11. August 5, 2024 – Special City Council Meeting

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Monday, July 8, 2024 MINUTES Page 1

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

S P E C I A L M E E T I N G M I N U T E S
MONDAY, JULY 8, 2024
4:30 P.M.

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

JESSE ARREGUIN, MAYOR
Councilmembers:

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

Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL: https://cityofberkeley- info.zoomgov.com/j/1606133036. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID:
160 613 3036. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair. Please be mindful that the meeting will be recorded.

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

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

Attachment 1

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Monday, July 8, 2024 MINUTES Page 2
Preliminary Matters
Roll Call: 4:35 p.m.

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

Absent: Taplin, Bartlett
Councilmember Taplin present at 4:37 p.m.

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

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

1. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO GOVERNMENT CODE SECTIONS 54956.9(d)(2)
a. Workers’ Compensation Matter WCAB Case Number: #ADJ17732423 Action: M/S/C (Arreguin/Hahn) to provide direction to outside counsel and approved a stipulated settlement of permanent disability with an Award of lifetime future medical care, or in the alternative, by Compromise and Release with a release of future medical care, as to a workers’ compensation matter WCAB Case Number: #ADJ17732423.

Vote: Ayes – Kesarwani, Taplin, Tregub, Hahn, Wengraf, Lunaparra, Humbert, Arreguin; Noes – None; Abstain – None; Absent – Bartlett.
b. Workers’ Compensation Matter WCAB Case Numbers: #ADJ15348795 and #ADJ15456130 Action: M/S/C (Arreguin/Wengraf) to provide direction to outside counsel and approved a stipulated settlement of permanent disability with an Award of lifetime future medical care, or in the alternative, by Compromise and Release with a release of future medical care, as to a workers’ compensation matter WCAB Case Numbers: #ADJ15348795 and #ADJ15456130.

Vote: Ayes – Kesarwani, Taplin, Tregub, Hahn, Wengraf, Lunaparra, Humbert, Arreguin; Noes – None; Abstain – None; Absent – Bartlett.
c. Workers’ Compensation Matter Claim Numbers: #BER2200107, #BER1900100, #BER1700164 and #BER2200007
Action: M/S/C (Arreguin/Hahn) to provide direction to outside counsel and approved a stipulated settlement of permanent disability with an Award of lifetime future medical care, or in the alternative, by Compromise and Release with a release of future medical care, as to a workers’ compensation matter Claim Numbers: #BER2200107, #BER1900100, #BER1700164 and #BER2200007.

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

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Monday, July 8, 2024 MINUTES Page 3
OPEN SESSION:

Item 1a:

City Council met in closed session on July 8, 2024, Pursuant to Government Code Section 54956.9(d)(2) and provided direction to outside counsel and approved a stipulated settlement of permanent disability with an Award of lifetime future medical care, or in the alternative, by Compromise and Release with a release of future medical care, as to a workers’ compensation matter WCAB Case Number: #ADJ17732423.

Item 1b:

Item 1c:

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

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

Adjourned at 4:54 p.m.

I hereby certify that the foregoing is a true and correct record of the closed session meeting held on July 8, 2024.
_________________________
Mark Numainville, City Clerk

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Tuesday, July 9, 2024 MINUTES Page 1

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

S P E C I A L M E E T I N G M I N U T E S
Tuesday, July 9, 2024
5:00 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 – CECILIA LUNAPARRA DISTRICT 4 – IGOR TREGUB DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in-person attendance and virtual participation. If you are feeling sick, please do not attend the meeting in person.

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

Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL: https://cityofberkeley- info.zoomgov.com/j/1611898773. 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: 161 189 8773. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair. Please be mindful that the meeting will be recorded.

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

Attachment 2

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Tuesday, July 9, 2024 MINUTES Page 2
Preliminary Matters
Roll Call: 5:03 p.m.

Present: Tregub, Hahn, Lunaparra, Humbert, Arreguin

Absent: Kesarwani, Taplin, Bartlett, Wengraf
Councilmember Taplin present at 5:04 p.m.

Councilmember Kesarwani present at 5:17 p.m.

Action Calendar

1. Youth Voting in Berkeley School Board Elections; Ordinance providing for voting by persons aged 16 and 17 years old for office of School Director; Resolution providing for youth voting in November 2024 School Board elections
From: City Attorney
Recommendation:

1. Adopt an ordinance providing for youth voting by persons aged 16 and 17 years old for office of School Director pursuant to Article III, Section 5(3) of the City Charter;

2. Adopt a Resolution calling for youth voting for the office of School Director in the November 2024 Election.

Financial Implications: None
Contact: Farimah Brown, City Attorney, (510) 981-6950
Action: 5 speakers. M/S/C (Arreguin/Hahn) to:

1. Adopt first reading of Ordinance No. 7,928–N.S. Second reading scheduled for July 23, 2024.

2. Adopt Resolution No. 71,435–N.S.

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

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

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

Adjourned at 5:32 p.m.

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Tuesday, July 9, 2024 MINUTES Page 3
I hereby certify that the foregoing is a true and correct record of the special meeting held on July 9, 2024.
_____________________
Mark Numainville, City Clerk
Communications
 None
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
 None
Supplemental Communications and Reports 3
 None

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Tuesday, July 9, 2024 MINUTES Page 1

MINUTES

BERKELEY CITY COUNCIL MEETING
Tuesday, July 9, 2024
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702

JESSE ARREGUIN, MAYOR
Councilmembers:

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

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

Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL: https://cityofberkeley- info.zoomgov.com/j/1611898773. 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: 161 189 8773. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair. Please be mindful that the meeting will be recorded.

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

Attachment 3

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Tuesday, July 9, 2024 MINUTES Page 2
Preliminary Matters
Roll Call: 6:28 p.m.

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

Absent: None
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.

Report from Closed Session
The City Council met in closed session on July 8, 2024, Pursuant to Government Code Section 54956.9(d)(2) and provided direction to outside counsel as follows:
1) Approved a stipulated settlement of permanent disability with an Award of lifetime future medical care, or in the alternative, by Compromise and Release with a release of future medical care, as to a workers’ compensation matter WCAB Case Number:
#ADJ17732423.
2) Approved a stipulated settlement of permanent disability with an Award of lifetime future medical care, or in the alternative, by Compromise and Release with a release of future medical care, as to a workers’ compensation matter WCAB Case Numbers:
#ADJ15348795 and #ADJ15456130.
3) Approved a stipulated settlement of permanent disability with an Award of lifetime future medical care, or in the alternative, by Compromise and Release with a release of future medical care, as to a workers’ compensation matter Claim Numbers:
#BER2200107, #BER1900100, #BER1700164 and #BER2200007.

Ceremonial Matters

1. Adjourned in Memory of Former Councilmember Max Anderson

2. Adjourned in Memory of Yuan Cong, Buddhist Priest

3. Adjourned in Memory of Narsai David, Local Activist

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Tuesday, July 9, 2024 MINUTES Page 3
City Manager Comments:

The Interim City Manager noted several upcoming events including Derby Day at the West Campus Pool (7/12), Movie Night at Strawberry Creek Park (7/12), Music at Ohlone Park (7/13), and the Echo Lake Teen Backpack Trip.

Public Comment by Employee Unions: 3 speakers.

Public Comment on Non-Agenda Matters: 10 speakers.

Action: M/S/C (Lunaparra/Taplin) to accept an urgency item from Councilmember Lunaparra pursuant to Government Code Section 54954.2(b)(2) entitled Rights Against the Criminalization of Unhoused Individuals Due to Their Status. Item added to the Action Calendar.

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

Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 22 speakers.

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

Vote: All Ayes.

Recess 8:13 p.m. – 8:32 p.m.

Consent Calendar

1. Zoning Ordinance Amendments to Berkeley Municipal Code Chapter 23.326 Demolition and Dwelling Unit Controls
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,924-N.S. regarding amendments to Berkeley Municipal Code Chapter 23.326 Demolition and Dwelling Unit Control Ordinance.

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

Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Adopted second reading of Ordinance No. 7,924–N.S.

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Consent Calendar
Tuesday, July 9, 2024 MINUTES Page 4

2. FY 2025 Tax Rate: Fund Fire Protection and Emergency Response and Preparedness (Measure GG)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,925-N.S. setting the FY 2025 tax rate for funding Fire Protection and Emergency Response and Preparedness in the City of Berkeley at the rate of $0.0629 (6.29 cents) per square foot of improvements for dwelling units and setting the rate for all other property at $0.09519 (9.519 cents) per square foot of improvements.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300; David Sprague, Fire, (510) 981- 3473
Action: Adopted second reading of Ordinance No. 7,925–N.S.

3. FY 2025 Annual Appropriations Ordinance
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,926-N.S. adopting the FY 2025 Annual Appropriations Ordinance (AAO) in the amount of $793,319,711 (gross appropriations) and $686,125,119 (net appropriations).

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000 Action: Adopted second reading of Ordinance No. 7,926–N.S.

4. Police Accountability Board – Appointment of New Member From: City Manager
Recommendation: Adopt a Resolution appointing a new member to the Police Accountability Board nominated by Councilmember Taplin.

Financial Implications: See report
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Adopted Resolution No. 71,436–N.S.

5. Policies and Timelines for Filing Ballot Measure Arguments From: City Manager
Recommendation: Adopt a Resolution establishing policies and timelines for filing ballot measure arguments in the November 5, 2024 General Municipal Election.

Financial Implications: See report
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Adopted Resolution No. 71,437–N.S.

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Consent Calendar
Tuesday, July 9, 2024 MINUTES Page 5

6. Grant Application: Bureau of Justice Assistance Body-Worn Camera Policy and Implementation Program to Support Law Enforcement Agencies From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to submit a grant application to the federal Bureau of Justice Assistance (BJA) in an amount not to exceed $300,000 for the Body-Worn Camera Policy and Implementation Program.

Financial Implications: See report
Contact: Carianna Arredondo, City Manager's Office, (510) 981-7000, Jennifer Louis, Police, (510) 981-5900
Action: Adopted Resolution No. 71,438–N.S.

7. Contract: Gallup, Inc for Employee Engagement and Development From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee(s) to enter into a contract and any amendments with Gallup, Inc for reporting, coaching and learning tools and resources that focus on employee strengths-based development as a sole source. The contract will be effective August 1, 2024 and end on September 30, 2026 in an amount not to exceed $150,000. The contract may be extended for up to four additional years at a cost not to exceed an additional $75,000 per year.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
Action: Adopted Resolution No. 71,439–N.S. as revised in Supplemental Communications Packet #1 by the City Manager.

8. Purchase Agreement with Pierce Manufacturing, Inc. and Contract No. 078804- 1 (8068) Amendment: Banc of America Public Capital Corp. for Master Equipment Lease/Purchase Agreement for Three Fire Engines and Two Aerial Fire Trucks
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to purchase three Pierce Enforcer 1500 GPM Type 1 Fire Engines and two Pierce Enforcer Tractor Drawn Aerials by executing: 1. Purchase Agreement with Pierce Manufacturing, Inc. in an amount not to exceed $7,353,115, providing for California sales tax of $751,206 and pre-pay discount of $951,353; and 2. Increase the Master Equipment Lease/Purchase Agreement with Banc of America Public Capital Corp. by $9,492,845 (prior to sales tax, equipment only) yielding an amended total NTE amount of $26,693,305 on Contract No. 078804-1 (8068) with financing pursuant to the amendment to be paid over 7 years at an annual interest rate of 4.1438% and a first payment commencing no later than April 9, 2025.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
Action: Adopted Resolution No. 71,440–N.S.

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Consent Calendar
Tuesday, July 9, 2024 MINUTES Page 6

9. Community Emergency Response Team (CERT) Civilian Instructor – Establish Job Class Specifications and Salary Range
From: City Manager
Recommendation: Adopt a Resolution establishing the unrepresented job class specifications of – and salary range for – Community Emergency Response Team (CERT) Civilian Instructor, with an hourly range of $31.5568 to $38.7241.

Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 71,441–N.S.

10. Contract No. 32000224 Amendment: GovInvest, Inc. for Labor Costing Software and Analysis Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32000224 with GovInvest, Inc. for labor costing software and analysis services to cover the period May 23, 2023 to June 30, 2026 for a total cost not to exceed $375,000.

Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 71,442–N.S.

11. Contract: Rincon Consultants, Inc. for Environmental Support Services for the Berkeley Water Transportation Pier Ferry Project
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Rincon Consultants, Inc (Rincon) in an amount not to exceed $3,080,000 which includes $280,000 of contingency to provide environmental support services for the Berkeley Water Transportation Pier Ferry Project (Project) for the period July 15, 2024 through June 1, 2027.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,443–N.S.

12. Contract: Bay Cities Paving & Grading, Inc. for Street Rehabilitation FY 2024 Project
From: City Manager
Recommendation: Adopt a Resolution: 1. Approving plans and specifications for the Street Rehabilitation FY 2024 Project, Specification No. 24-11624-C; and 2.

Accepting the bid of the lowest responsive and responsible bidder, Bay Cities Paving & Grading, Inc. and 3) authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project, in accordance with the approved plans and specifications in an amount not to exceed $12,361,800.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,444–N.S.

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Consent Calendar
Tuesday, July 9, 2024 MINUTES Page 7

13. Community Health Commission Comments on Dark Skies Ordinance From: Community Health Commission
Recommendation: For the City Council to (a) refer to the Planning Commission, the Public Health Comments on the Dark Skies Ordinance which was previously referred to the Planning Commission; (b) refer to the City Manager, a request to ask the Department of Public Works to implement a moratorium on installation of street lighting and building lighting for use at night exceeding 3,000 Kelvin.

Financial Implications: See report
Contact: Kellie Knox, Commission Secretary, (510) 981-5400 Action: Recommendation not approved.

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

Council Consent Items

14. Relinquishment of Council Office Budget Funds to the General Fund and Grant of Such Funds to the Port Chicago Alliance; and Official Co-Sponsorship of Port Chicago Weekend 2024
From: Councilmember Hahn (Author), Councilmember Bartlett (Co-Sponsor), Councilmember Taplin (Co-Sponsor), Mayor Arreguin (Co-Sponsor) Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember, including $500 from Councilmember Hahn to the Port Chicago Alliance – a 501(c)(3) non-profit organization – to support Port Chicago Weekend 2024, raising awareness of the legacy of the Port Chicago 50, with funds relinquished to the City’s general fund for this purpose from discretionary Council Office Budgets of Councilmember Hahn and any other Councilmembers who would like to contribute, and register the City of Berkeley’s official Co-Sponsorship of Port Chicago Weekend 2024.

Financial Implications: Councilmember's Discretionary Funds - $500 Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150 Action: Adopted Resolution No. 71,445–N.S. revised to include contributions from the following Councilmembers up to the amounts listed: Councilmember Humbert - $250; Councilmember Wengraf - $250; Councilmember Tregub - $250; Councilmember Lunaparra - $250; Councilmember Bartlett - $250; Councilmember Taplin - $500.

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Consent Calendar
Tuesday, July 9, 2024 MINUTES Page 8

15. Amend Item to Remove the Dwight Way/Telegraph Avenue Intersection from the List of Intersections Being Considered for Additional Surveillance Technology
From: Councilmember Lunaparra (Author)
Recommendation: Amend Council action that was passed at the January 30, 2024 Council meeting to remove the Dwight Way/Telegraph Avenue intersection from the list of intersections being considered for additional surveillance technology.

Financial Implications: None
Contact: Cecilia Lunaparra, Councilmember, District 7, (510) 981-7170 Action: Approved recommendation.

Action Calendar

16. Referral Response: Gap Analysis of Berkeley’s Homelessness System of Care From: City Manager
Recommendation: Receive and file a report and presentation from staff, responding to the City Council’s July 13, 2021 referral to the City Manager to analyze current homelessness expenditures and programs and to explore recalibrating and prioritizing investments to align with the 1-2-4 All Home Regional Action Plan framework.

Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000 Action: 11 speakers. Presentation made and report received.

17. ***Removed from the Agenda by the City Attorney*** Youth Voting in Berkeley School Board Elections; Ordinance Providing for Voting By Persons Aged 16 and 17 Years Old for Office of School Director; Resolution Providing for Youth Voting in November 2024 School Board Elections
From: City Attorney
Contact: Farimah Brown, City Attorney, (510) 981-6950

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Action Calendar – New Business
Tuesday, July 9, 2024 MINUTES Page 9

18. Initiative Petition – Initiative Ordinance Establishing Direct Rental Payments and Amending the Rent Stabilization Ordinance
From: City Manager
Recommendation:

1. Take action on the initiative petition to:
a. Adopt the provisions of the measure without alteration. -OR-
b. Adopt a Resolution submitting the measure, without alteration, to a vote of the people at the November 5, 2024 General Municipal Election.

2. Designate, by motion, specific members of the Council to file ballot measure arguments on this measure as provided for in Elections Code Section 9282.

Financial Implications: No direct fiscal impacts
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: 3 speakers. M/S/C (Arreguin/Lunaparra) to:

1. Adopt Resolution No. 71,446–N.S. submitting the measure, without alteration, to a vote of the people at the November 5, 2024 General Municipal Election.

2. Designate Mayor Arreguin and Councilmember Lunaparra to file ballot measure arguments on this measure as provided for in Elections Code Section 9282.

Vote: All Ayes.

19. Initiative Petition – Initiative Ordinance to Adopt a Special Tax on Natural Gas Consumption in Buildings 15,000 Sq. Ft. or Larger
From: City Manager
Recommendation:

2. Designate, by motion, specific members of the Council to file ballot measure arguments on this measure as provided for in Elections Code Section 9282.

Financial Implications: No direct fiscal impacts
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Scheduled for the July 30, 2024 special meeting for ballot measures.

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Action Calendar – New Business
Tuesday, July 9, 2024 MINUTES Page 10

20. Initiative Petition – Ordinance Creating a Parcel Tax for the Purpose of Funding Repairs and Improvements to Streets, Sidewalks and Pedestrian Paths (Fix the Streets & Sidewalks)
From: City Manager
Recommendation:

2. Designate, by motion, specific members of the Council to file ballot measure arguments on this measure as provided for in Elections Code Section 9282.

Financial Implications: No direct fiscal impacts
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Scheduled for the July 30, 2024 special meeting for ballot measures.

21. Initiative Petition – Initiative Ordinance Requiring the Adoption of Minimum Indoor Air Quality Standards in City-Owned and City-Leased Buildings From: City Manager
Recommendation:

2. Designate, by motion, specific members of the Council to file ballot measure arguments on this measure as provided for in Elections Code Section 9282.

Financial Implications: No direct fiscal impacts
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Scheduled for the July 30, 2024 special meeting for ballot measures.

22. Initiative Petition – Ordinance to Establish a Parcel Tax to Fund Repairs and Improvements to Streets, Sidewalks, and Pedestrian Paths (SAFE STREETS) From: City Manager
Recommendation:

2. Designate, by motion, specific members of the Council to file ballot measure arguments on this measure as provided for in Elections Code Section 9282.

Financial Implications: No direct fiscal impacts
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Scheduled for the July 30, 2024 special meeting for ballot measures.

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Council Action Items
Tuesday, July 9, 2024 MINUTES Page 11

23. Amendments to Berkeley Municipal Code 23C.22: Short Term Rentals (Reviewed by the Land Use, Housing, & Economic Development Committee) From: Councilmember Harrison (Author)
Recommendation: Amend Berkeley Municipal Code 23C.22: Short Term Rentals to clarify the ordinance and insure adequate host responsibilities, tenant protections and remedies for violating the ordinance.

Policy Committee Recommendation: Refer item to City Council with a qualified negative recommendation with the caveat that the ordinance cannot be passed without consideration and approval by the Planning Commission, and it is likely that elements of the proposal would violate State housing law.

Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140 Action: Moved to Consent Calendar and referred to the City Attorney for a legal opinion on the item. Requested that the item return to the Council agenda when the legal opinion is complete.

24. Condemning the University of California’s Anti-Labor Actions and Legal Tactics
From: Councilmember Lunaparra (Author)
Recommendation: Adopt a Resolution Condemning the University of California’s Anti-Labor Actions and Legal Tactics.

Financial Implications: Staff time
Contact: Cecilia Lunaparra, Councilmember, District 7, (510) 981-7170 Action: 15 speakers. M/S/C (Lunaparra/Arreguin) to adopt Resolution No. 71,447– N.S. with the resolved clauses revised at the meeting by Councilmember Lunaparra as noted below.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Berkeley that the City of Berkeley opposes any illegal actions or ULPs by UC against its employees; and BE IT FURTHER RESOLVED, the City of Berkeley registers its opposition to legal tactics that may undermine the labor rights of hundreds of thousands of public sector workers; and BE IT FURTHER RESOLVED, the City of Berkeley reaffirms its support for the rights of all workers to be safe from physical and mental harm in their workplaces; and BE IT FURTHER RESOLVED, the City of Berkeley opposes all forms of illegal retaliation against employees for exercising their First Amendment rights; and BE IT FURTHER RESOLVED, the City of Berkeley urges the UC to participate in PERB’s resolution process9 and resolve the ULPs, as offered by PERB and accepted by UAW Local 4811; and
FINALLY, BE IT RESOLVED, that upon passage, a copy of this Resolution be sent to Governor Gavin Newsom, Regents of the University of California, the President of the

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Council Action Items
Tuesday, July 9, 2024 MINUTES Page 12
University of California Michael Drake, the Chancellor of the University of California Berkeley Richard Lyons, Congresswoman Barbara Lee, State Senator Nancy Skinner, and Assemblymember Buffy Wicks.

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

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

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

Urgent Item: Rights Against the Criminalization of Unhoused Individuals Due to Their Status
From: Councilmember Lunaparra (Author), Councilmember Taplin (Co- Sponsor)
Recommendation: Adopt a Resolution reaffirming the City of Berkeley’s commitments to enact no additional restrictions to effectively prohibit sleeping by an unhoused individual if there is no shelter space available in the jurisdiction for the unhoused individual to sleep, to not impose criminal penalties for sleeping in public spaces without first making an offer of shelter, and to construct, repurpose, and offer non-congregate shelter and permanent housing options whenever possible.

Financial Implications: None
Contact: Cecilia Lunaparra, Councilmember, District 7, (510) 981-7170 Action: M/S/Failed (Lunaparra/Taplin) to adopt the resolution as submitted.

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

Action: 16 speakers. M/S/Carried (Arreguin/Kesarwani) to refer the item to the City Attorney for analysis and schedule a closed session for consideration of the issue.

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

Information Reports

25. LPO NOD: 1401 Le Roy Avenue, #LMSAP2024-0002
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Received and filed.

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

Vote: All Ayes.

Adjourned at 11:26 p.m.

I hereby certify that the foregoing is a true and correct record of the regular meeting held on July 9, 2024.
_________________________
Mark Numainville, City Clerk
Communications
Item #19: Initiative Petition – Initiative Ordinance to Adopt a Special Tax on Natural Gas Consumption in Buildings 15,000 Sq. Ft. or Larger

1. Daniel Tahara

2. Steve Meckfessel
Item #22: Initiative Petition – Ordinance to Establish a Parcel Tax to Fund Repairs and Improvements to Streets, Sidewalks, and Pedestrian Paths (SAFE STREETS)

3. Barbara Gilbert (2)
North Berkeley Bart and Bike Lane Concern

4. Walter Wood

5. Kenneth Yip

6. Gloria Schild

7. John Rea

8. Dan Auten

9. Anya Davis
Shipping Containers at 2556 Haste Street

10.45 Similarly-worded form letters
People’s Park

11. Summer Brenner

12.Moni Law
Stormwater Plan

13.Susan Schwartz, President, Friends of Five Creeks
West Campus Pool

14.Veronica Labarca

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In Home Support Services

15.Carol Denney
Southside Complete Streets

16.Tom
Sidewalk Safety Concerns

17.Max Ventura
Safe Streets

18. Peggy Mulligan
Aurora Theater

19. Josh
Wireless Radiation

20. Ellen Marks
Ohlone Greenway Trail

21. Carleen Mandolfo
Driveway Concerns

22. K. Lazer
PG&E Bills

23.Dave Margulius
Anti-Mask Law

24. Dorothea Dorenz
Insurance Reform Information

25. Chief David Sprague, Berkeley Fire Department
Golden Duplex Designation

26. Peg
12 Panoramic Way

27. Ken Peterson

28. Lisa Handwerker
Information Request

29. Mike
BESO Notice

30.Robert Richerson

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Soft Story Retrofit

31.Todd Andrew
Middle East Conflict

32. Erwan Illian (3)

33. Michael Fullerton

34. Marianne Olney-Hamel
AC Transit Bus Stop Guidelines

35. Ryan Lau
EHS Day

36. Phoebe Thomas (Sorgen)
URLs Only

37. Russbumper (8)

38. Crustyrusty

39. Keith Bayne (3)
Newsletter

40.Vivian Warkentin
Supplemental Communications and Reports 1
Item #7: Contract: Gallup, Inc for Employee Engagement and Development

41.Revised material, submitted by Fire Department
Item #19: Initiative Petition – Initiative Ordinance to Adopt a Special Tax on Natural Gas Consumption in Buildings 15,000 Sq. Ft. or Larger

42. Revised material, submitted by City Attorney

43. Janice Schroeder

44. Tonya Love

45. Erin Diehm

46. 13 Similarly-worded form letters
Item #22: Initiative Petition – Ordinance to Establish a Parcel Tax to Fund Repairs and Improvements to Streets, Sidewalks, and Pedestrian Paths (SAFE STREETS)

47. The-Anh Cao
Supplemental Communications and Reports 2
Item #16: Referral Response: Gap Analysis of Berkeley’s Homelessness System of Care

48. Revised material, submitted by City Manager’s Office Item #19: Initiative Petition – Initiative Ordinance to Adopt a Special Tax on Natural Gas Consumption in Buildings 15,000 Sq. Ft. or Larger

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49.Marcia

50.MaryAnn Furda

51.John Smail and Melanie Lawrence

52.3 Similarly-worded form letters
Item #23: Amendments to Berkeley Municipal Code 23C.22: Short Term Rentals (Reviewed by the Land Use, Housing, & Economic Development Committee)

53.Nancy Richerson

54.MeR

55.Gail Martin
Supplemental Communications and Reports 3
Item #16: Referral Response: Gap Analysis of Berkeley’s Homelessness System of Care

56. Presentation, submitted by City Manager’s Office
Item #19: Initiative Petition – Initiative Ordinance to Adopt a Special Tax on Natural Gas Consumption in Buildings 15,000 Sq. Ft. or Larger

57. Liana Warren, on behalf of the Sierra Club

58. Brianna McGuire
Item #23: Amendments to Berkeley Municipal Code 23C.22: Short Term Rentals (Reviewed by the Land Use, Housing, & Economic Development Committee)

59. Jo Ann Driscoll

60. Chris Chen
Item #24: Condemning the University of California’s Anti-Labor Actions and Legal Tactics

61. Sandra Oseguera Sotomayor, on behalf of the Graduate Assembly of the University of California, Berkeley
Urgent Item: Rights Against the Criminalization of Unhoused Individuals Due to Their Status

62. Supplemental material, submitted by Councilmember Lunaparra

63. Morgan Maxwell
Miscellaneous Communications

64. Eid

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Monday, July 22, 2024 MINUTES Page 1

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

S P E C I A L M E E T I N G M I N U T E S
MONDAY, JULY 22, 2024
3:00 P.M.

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

JESSE ARREGUIN, MAYOR
Councilmembers:

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

Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL: https://cityofberkeley- info.zoomgov.com/j/1608742239. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID:
160 874 2239. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair. Please be mindful that the meeting will be recorded.

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

Attachment 4

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Preliminary Matters
Roll Call: 3:06 p.m.

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

Absent: Taplin, Tregub
Councilmember Tregub present at 3:23 p.m.

Councilmember Taplin present at 4:10 p.m.

Public Comment - Limited to items on this agenda only – 26 speakers CLOSED SESSION:

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

1. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION PRUSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(2):
a. Workers’ Compensation matter WCAB Case Number: ADJ10187918 Action: M/S/C (Arreguin/Taplin) to authorize the City Manager to settle by a stipulated Award of permanent disability with an Award of lifetime future medical care, or in the alternative, by Compromise and Release with a release of future medical care, as to a workers’ compensation matter WCAB Case Number: ADJ10187918.

Vote: Ayes – Taplin, Bartlett, Tregub, Hahn, Wengraf, Lunaparra, Humbert, Arreguin; Noes – None; Absent – Kesarwani.
b. Workers’ Compensation matter WCAB Case Number: ADJ18579793 Action: M/S/C (Arreguin/Taplin) to authorize the City Manager to settle by a stipulated Award of permanent disability with an Award of lifetime future medical care, or in the alternative, by Compromise and Release, as to a workers’ compensation matter WCAB Case Number: ADJ18579793.

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

2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTIONS 54956.9(d)(2):
a. Claim of Paul Wescott
Action: M/S/C (Arreguin/Taplin) to authorize the City Attorney’s Office to settle the claim for a total amount of $24,930.82
Vote: Ayes – Taplin, Bartlett, Tregub, Hahn, Wengraf, Lunaparra, Humbert, Arreguin; Noes – None; Absent – Kesarwani.

3. PUBLIC EMPLOYEE APPOINTMENTS PURSUANT TO GOVERNMENT CODE SECTION 54957(b):

Title of position to be filled: Director of Health, Housing and Community Services Action: No reportable action taken.

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4. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTIONS 54956.9(d)(2):
a. City of Grants Pass, Oregon v. Johnson (2024) 144 S.Ct. 2202 Action: Item continued to a closed session meeting on July 29, 20204 at 4:00pm.

5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTIONS 54956.8
Property Address: 1001 University Avenue, Berkeley CA
Agency Negotiators: LaTanya Bellow, City Manager’s Office; Dionne Early, Public Works Negotiating Parties: City of Berkeley and Berkeley Food Network Property Owner: City of Berkeley
Under Negotiation: Lease Price and Terms
Action: No reportable action taken.

6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS AND LEGAL COUNSEL; CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTIONS 54956.8, 54956.9(d)(1) and (2):

Property Address: 3201 Adeline Street, Berkeley CA
Agency Negotiators: LaTanya Bellow, City Manager’s Office; Dionne Early, Public Works Negotiating Parties: City of Berkeley and the Black Repertory Group Property Owner: City of Berkeley
Under Negotiation: Lease Price and Terms
Action: No reportable action taken.

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

OPEN SESSION:

Item 1a:

City Council met in closed session on July 22, 2024, Pursuant to Government Code Section 54956.9(d)(2) and provided direction to outside counsel and approved a Compromise and Release settlement with a release of future medical care, as to a workers’ compensation matter WCAB Case Number: ADJ10187918.

Item 1b:

City Council met in closed session on July 22, 2024, Pursuant to Government Code Section 54956.9(d)(2) and provided direction to outside counsel and approved a stipulated settlement of permanent disability with an Award of lifetime future medical care, or in the alternative, by Compromise and Release with a release of future medical care, as to a workers’ compensation matter WCAB Case Number: ADJ18579793.Public Reports of actions taken pursuant to Government Code section 54957.1.

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

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

Adjourned at 7:57 p.m.

I hereby certify that the foregoing is a true and correct record of the closed session meeting held on July 22, 2024.
________________________
Mark Numainville, City Clerk

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Tuesday, July 23, 2024 MINUTES Page 1

M I N U T E S

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

B E R K E L E Y C I T Y C O U N C I L
Tuesday, July 23, 2024
3:30 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702

JESSE ARREGUIN, MAYOR
Councilmembers:

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

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

To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. To join by phone: Dial 1- 669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 160 019 7323. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair. Please be mindful that the meeting will be recorded.

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

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

Attachment 5

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Tuesday, July 23, 2024 MINUTES Page 2
Preliminary Matters
Roll Call: 3:36 p.m.

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

Absent: Bartlett
Councilmember Bartlett present at 3:47 p.m.

Action Calendar – Public Hearings

1. Zoning Ordinance and General Plan Amendments Relating to Middle Housing From: City Manager
Recommendation: Conduct a public hearing, and upon conclusion:

1. Adopt the first reading of an Ordinance amending Berkeley Municipal Code Title 23 (Zoning Ordinance) and the Zoning Map, for the purposes of encouraging development of “middle housing” in areas currently zoned R-1, R-1A, R-2, R-2A and MU-R (“low-density residential districts”); and

2. Adopt a Resolution amending the General Plan Designations and Land Use diagram for the same purpose.

Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Public Testimony: The Mayor opened the public hearing. 91 speakers.

Action: M/S/Failed (Lunaparra/Humbert) to direct staff to return with an ordinance based on the Planning Commission recommendation, except R1-H, which would return to Council after the evacuation study is complete, and including the amendments from Mayor Arreguin and Councilmember Kesarwani except for density maximums.

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

Action: M/S/Carried (Arreguin/Kesarwani) to provide Council direction to staff to prepare a Middle Housing Ordinance that:

Exempts application in the Hillside Overlay Zone and ES-R District, as staff originally proposed. Council expresses its desire to receive and review the Fire Department’s Evacuation Study in order to better understand public safety risks prior to consideration of Middle Housing standards in this zone.

Outside of the Hillside Overlay Zone, make the following amendments:

MAXIMUM DENSITY PER ACRE STANDARD. Include a maximum density per acre standard as follows:

R-1 - 40 units/acre - Resulting in 5 units on a 5,000 square foot lot R-1A - 50 units/acre - Resulting in 6 units on a 5,000 square foot lot R-2 - 50 units/acre - Resulting in 6 units on a 5,000 square foot lot R-2A - 60 units/acre - Resulting in 7 units on a 5,000 square foot lot

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Action Calendar – Public Hearings

Tuesday, July 23, 2024 MINUTES Page 3
MU-R - 60 units/acre - Resulting in 7 units on a 5,000 square foot lot REGULATE THE SIZE OF ONE NEW PRIMARY UNIT. A large single-family home with multiple bedrooms can be an affordable housing option when rented out to students, young professionals, a group of artists, or others wishing to live together in a communal fashion. To maintain this option while controlling against excessively large single-family homes, place a limit on the size when these standards are used to create one primary unit: the primary unit square footage may be no more than half the lot size (i.e., 2,500 square feet maximum primary unit size for a lot of 5,000 square feet or 3,000 square feet maximum primary unit size for a lot of 6,000 square feet, etc.), or no larger than 2,500 square feet, whichever is greater. These square footage limitations shall also apply to home additions for a primary unit (when there is only one primary unit on the lot) seeking approval via Zoning Certificate; one primary unit that exceeds these square footage limitations for a home addition would require an Administrative Use Permit.

HEIGHT. Maximum height of 35 feet or 3 stories in order to provide certainty that structures do not exceed three stories. Delete maximum average height of 28 feet in order to ensure that ceiling heights are not substandard; a maximum average height is more costly to design and build, and less energy efficient. Keep the 22 feet lower height limit within 15 feet of the rear property line.

FRONT- AND REAR-SETBACK. To provide greater flexibility for smaller parcels and promote backyard space, the front- and rear-setback are to be a total of 20 feet combined, with a minimum of 5 feet in the front and a minimum of 5 feet in the rear.

This is to ensure that smaller parcels are not required to maintain a 15-foot front setback and lose the possibility of a private backyard, which might encourage fencing of the front facing open space–a deleterious outcome for promoting neighborhood cohesion. Existing front yards vary in depth from five- to 15 feet currently.

NEIGHBOR NOTICE. Require a neighbor notice for neighboring properties similar to the requirement under the Accessory Dwelling Unit Ordinance. The language from the Accessory Dwelling Unit Ordinance should be adapted for the Middle Housing Ordinance:

1. Scope and Timing of Notice. Notice of an ADU application shall be mailed to tenants of the subject property, and owners and tenants of the adjacent, confronting, and abutting properties, within ten working days of submission of the building permit application to the City.

2. Content of Notice. Notice shall provide the address of the project, allowable hours of construction, a link to the City’s webpage, and information for tenants of the subject property on how to contact a Rent Board Housing Counselor by e-mail or phone and any other resource or information deemed relevant.

3. Mailing Fees. The applicant shall be responsible for the cost of materials, postage, and staff time necessary to process and mail notices.

REFERRAL
Refer $200,000 to the November AAO #1 budget process to fund a citywide historic context statement. This document would describe broad patterns of historical development and identify property types of significance to help establish criteria for protecting cultural resources within the City. After developing a citywide historic context statement, the Council

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Action Calendar – Public Hearings

Tuesday, July 23, 2024 MINUTES Page 4
expresses its intent to fund and conduct a citywide historic resource survey to identify resources for landmark initiation.

The motion also includes the amendments listed below:
 Request to provide opportunity to have community workshops throughout the city in the time between now and when staff brings the ordinance back to Council  Analysis of 5,000 sq. ft. for density standard for illustrative purposes  More through General Plan analysis
 Report back on how this ordinance current proposal interfaces with Mini Dorm Ordinance and the potential for more mini dorm configurations  Analysis of how this ordinance conforms to Demolition Ordinance Public hearing continued to a future date.

Vote: All Ayes.

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

Vote: All Ayes.

Adjourned at 8:42 p.m.

I hereby certify that the foregoing is a true and correct record of the special meeting held on July 23, 2024.
________________________
Mark Numainville, City Clerk
Communications
Item #1: Zoning Ordinance and General Plan Amendments Relating to Middle Housing

1. JT Rueppel
Supplemental Communications and Reports 1
Item #1: Zoning Ordinance and General Plan Amendments Relating to Middle Housing

1. Supplemental material submitted by Fire Department

2. Lisa Goodman

3. Kevin Burke

4. Jonathan Bailey

5. 3 Similarly-worded form letters

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Supplemental Communications and Reports 2
Item #1: Zoning Ordinance and General Plan Amendments Relating to Middle Housing

1. Revised material, submitted by Planning and Development Department

2. Kevin Donahue

3. Alene

4. Stephanie Lesh

5. Evan Tschuy

6. Zachary Russ

7. Becca Schonberg

8. Greg Wilson (2)

9. Yoanna T (2)

10. Gil and Charlotte Ferrey

11. Baeo Maltinsky

12. Sandra

13. Ican Kristian

14. Elizabeth Snowden and Charles P. Smith

15. Aimee Baldwin

16. Phyllis Orrick

17. Gabriel Abud

18. Ariana Mayorga

19. Fredda Cassidy

20. Robert Breuer

21. Cindy Larson

22. Richard Hiersch

23. Susan Nunes Fadley

24. Steve Shoemaker

25. Geoff Holton

26. Ryan Heller

27. David Johnson

28. George Roth

29. Jeffrey Kaplan

30. Amanda Le

31. Brandon Yung

32. Sarah Wittmer

33. Bruce Chamberlain

34. Kristine Fowler

35. Stefano DellaVigna

36. Elizabeth Horowitz

37. Sally Nelson

38. Shirley Kirsten

39. David A. Coolidge

40. Peggy Kelly

41. Bill Hickman

42. Housing Advisory Commission

43. Jim Williams

44.Ilaf Esuf, on behalf of Assemblymember Buffy Wicks

45. David Fielder

46. Christopher Wagstaff and Barbara O’Brien

47. Michael Tompkins

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48. Judy Ziajka

49. Summer Brenner

50. Christopher Hamilton

51.Joshua Schraiber

52. Pamela Brett

53. Chris Simon

54. Alfred Twu

55. Anthony Bruce

56. Ben Paulos

57. Carol Cohen

58. Dawn D

59. George McCord

60. Ingrid Crickmore

61. Nori Hudson

62. Sam Kaplan Pettus

63. Isabelle Gaston

64. Sabina McMurtry

65. Roya Arasteh

66. Janice Murota

67. Gail Greenwood

68. Sheila Jordan

69. Robert Dering

70. Mori Costantino

71. Ross Bernet

72. Alex S. Merenkov

73. Mike Dunham

74. Lev Marcus

75. Timothy Ross

76. Joan Hart

77. John Rice

78. Harriet Ann Goldman

79.Julie Goldobin

80.Michael Lonergan

81.Norah Piehl

82.Lauren Parsons

83.Jennifer Bloch

84.Alex Dodd

85.Kevin Donahue

86.John Allen

87.Elijah Ravitz-Campbell

88.Vanessa Hardy

89.Joel Millar

90.Claire Mecredy

91.Robert Gammon, on behalf of Senator Nancy Skinner

92.Aaron Rumph

93.Sandi Peters

94.Libby Lee-Egan

95.Kit vanbuskirk

96.Daniel Abud

97.Peggy Radel

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98.Randolph Bush

99.Harold Ruddick
100. Jed Harris
101. AnnMarie Mitchell
102. Amrita Singhal and Michael Tubach
103. Shirley Issel
104. David Nasatir
105. Carol Hirth
106. Chris Mammen
107. Alan Pearson
108. Cheryl Newbrough
109. D Chaney
110. Teresa Clarke
111. Sally Adams
112. Lisa and Joe Ungerer
113. Mandy Aftel
114. Jerrold Cooper
115. Alan Pearson
116. Jane Graly
117. Jennifer Cobb
118. Carol Beth
119. Karen Cilman
120. Zuzana Licko
121. Leila Moncharsh on behalf of Berkeley Architectural Heritage Association 122. Claudia L. Deering
123. Stefanie and William Guynn
124. Ruth Muschel
125. Bill and Judy Hein
126. Colin McRae (2)
127. Kathleen Metz
128. Alane Suhr
129. Matthew Cha
130. Michael Walden and Judith Schelly
131. Bruce Stangeland
132. Terri McGinnis
133. Jane W Ellis
134. Berkeley Neighborhoods Council Executive Committee 135. Jamy Faulhaber
136. Steve Kanofsky (2)
137. Carla and Dolph Rempp
138. Cate Leger
139. Jack Litewka
140. Patrick Brinich-Langlois
141. Katie Johnson
142. Ray and Nancy Yep
143. Linda Schacht and John Gage
144. Jan
145. Emily Brod
146. Judith C. Brown
147. Thea Lerner Daniels

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148. Gary Forbes
149. Kay Licina
150. Justin Kao
151. Kay Schwartz
152. Janice Pardoe
153. Michael Cassidy
154. Andrea Altschuler
155. Molly Fraker
156. Judith Barish
157. Mark Petrofsky
158. Sam Greenberg, on behalf of East Bay for Everyone
159. Reuben Arnold
160. Louise Laufersweiler and Warren Sharp
161. Ellen Goldblatt
162. Meagan Gamache
163. Spencer Klein, Ruth Ehrenkrantz, and Micah Klein (2) 164. Lawrence & Lisa Hanf
165. Jane Steinberg-Michahelles and Thomas Michahelles (2) 166. Joan Hart
167. Patricia T Kelly
168. Genevieve Boissier Dreyfus
169. Andrea Cohen
170. Stephanie Manning
171. Sara Rahimian
172. David Mendelsohn
173. Francesca Rizzardi
174. Ellen Thomsen
175. Margery Lackman
176. Deborah Reade
177. Madeline Feingold
178. Gail Nanao
179. Claudia Koch
180. Jean Michel Nowak
181. Daren Fields
182. Meri K. Issel
183. William J Tomei
184. Anita Kumar
185. Robin Hollenberg
186. Chris Jaffe
187. Lucinda Olney
188. David Shiver
189. Brendan Folie
190. Harry Delmer
191. Martin Guerrero
192. Eduardo Pineda
193. Diane Kanegae
194. Suzanne Marr
195. Jean-Luc Szpakowski
196. Donna DeDiemar
197. Gregg Garfinkle

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198. Richard A. Laden and Marie-Paule Laden
199. Mary Staats
200. Fredrica Drotos
201. Mark and Lisa Follman
202. Jacqueline Beth
203. Nicole Chabot
204. Jean-Jacques Dethier
205. Phyllis Olin
206. Gina Rieger
207. Jack Kurzweil
208. Diane Mintz
209. Leslie Sakai
210. Tawny Reynolds
211. Michael E. Smith, Richmond Fire Department
212. Kim Markison
213. Emily Walker
214. David Lovato
215. Andrew Jeffries and Ellen McDonald
216. Serina Garst
217. Terry Tsai
218. Rikesh Lal
219. Sasha Futran
220. Paul Fritz
221. Janet Levenson
222. Sara Sarasohn
223. C. Rahav
224. Lynn McAlister
225. Dan Frank
226. Jordan Burns
227. Doug Baker
228. Katharina U. Kaiser
229. Carolyn Sun
230. Keith Bratton
231. Robin Kibby
232. Rachna handa
233. Paul Bickmore
234. Grant Pezeshki
235. Chris Harrelson
236. Rick Cole
237. Andrew Han, on behalf of Elmwood Business Association (2) 238. Tallulah
239. Romi Manheim
240. James Baker
241. Avi Samelson
242. Robert Munch
243. Jasmine Mote
244. Auros Harman
245. Frances and Randolph Starn
246. Richard Neese
247. Anne Weinberger

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248. Alene Pearson
249. Robin Kibby
250. Tucker Holstun
251. Madison Page Raasch
252. Chris Gilbert
253. Adam Elkins
254. Sheryl Rose
255. Adam Sandler
256. Warren J. Wells
257. Ashvin Nair
258. Clayton Allen
259. Leigh Stewart
260. Kenny Yip
261. Vamsi Uppala
262. Marice Ashe
263. Nathan Lazarus
264. Bill Sherer
265. Soheila Bana, on behalf of the West Contra Costa Fire Safe Council (WCCFSC) 266. Morris Fuller
267. Frances Christie
268. Trevor H. Wu
269. Benjamin Ou
270. Zachary Russ
271. Vishal Ganesan
272. Alex Mandel
273. Victor Ichioka
274. Max Gara
275. Katherine Hansen
276. Anant Sahai
277. Mary Staats
278. Andrea Pflaumer
279. Christine Birch
280. Will Gilbreath
281. Charles Scawthorn
282. Amelie Mel de Fontenay
283. Arjun Mukerji
284. Lynn Glaser
285. Natalie Leimkuhler
286. Andrea Kean and David Spinner (3)
287. Richard Misrach and Myriam Misrach (2)
288. David Rouslin
289. L. John Harris
290. Dwight Pilz
291. Mike Luby
292. Richard Chambers
293. Alicia Telford
294. D. Fong
295. Stephen Taylor
296. Chris Martiniak
297. Mrs C Gill

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Tuesday, July 23, 2024 MINUTES Page 11
298. Katherine Hilton
299. Kim Marienthal
300. Peter Esmonde
301. Anne Pardee and Steve Beckendorf
302. Ben Feldman
303. Robert Riemer
304. Seth Kimball
305. Roger and Zoe Hill
306. Eric King
307. Jennifer Knight
308. Chris McKee
309. Sally J. Sutherland Goldman
310. JHF (2)
311. Mark Morris
312. Carrie Dovzak
313. Samira Nedungadi
314. Martina Reaves
315. Robert and Kiana Kehlmann
316. David and Miriam Wilson
317. Bob Fabry
318. Alexandra Baloff
319. Calley Wang
320. Maren Bell
321. Richard Hackenberg
322. Suzanne McKee
323. Shelley Golomb
324. Emily Benner
325. Laura Katz
326. Ann Rojas-Cheatham
327. Mari Vlastos
328. Caroline Winnett
329. Ewald Detjens
330. Ellen Archilla (2)
331. Jacques Watteyne
332. Bruce A. Smith and Patrice C. Ignelzi
333. Terry Bloomsburgh
334. Emily Fox
335. Michael Parman
336. Jim Haydel
337. Marian Wolfe
338. Carolyn McNiven
339. Joel Lewenstein
340. Hallie Strock
341. Jacalyn Thompson (2)
342. Susan Ashley
343. Helen Toy
344. Juliet Lamont and Phil Price
345. Mary Lou Allen
346. Margaret F. Mancuso
347. Ken Krich

Page 38 of 103 ends

Berkeley City CouncilSeptember 10, 2024

Berkeley City Council
September 10, 2024