Berkeley Revolving Loan Fund (RLF) Administrative
Plan approved by the Loan Administration Board
(LAB)
October 2024
Exhibit A
RESOLUTION NO. ##,###-N.S.
AUTHORIZING THE CITY MANAGER TO EXECUTE A SOLE SOURCE CONTRACT
AND ANY AMENDMENTS WITH WORKING SOLUTIONS CDFI TO PROVIDE PROGRAM ADMINISTRATION OF BERKELEY’S REVOLVING LOAN FUND (RLF) WHEREAS, Working Solutions (a federally certified CDFI) has proven to be an effective partner implementing the underwriting services for the City of Berkeley’s Revolving Loan Fund (RLF) since 2019; and
WHEREAS, Working Solutions has been a tremendous partner in providing underwriting and loan payment processing services the companion COVID-19 Resiliency Loan Program (RLP) since its establishment 2020; and
WHEREAS, Working Solutions has worked steadily for more than two decades to develop and implement programs that address a wide range of important supports for small businesses and is a federally certified CDFI lender and is a successful well-regarded revolving loan and grant fund administrator in the Bay Area and State of California; and WHEREAS, the Revolving Loan Fund’s Administrative Plan, which governs both the RLF and the RLP loan programs, has been amended to incorporate the ability of a third-party administrator for the RLF program; and
WHEREAS, Working Solutions, a qualified CDFI lender, will now perform this role and will govern the origination and servicing of the existing and new RLF loans; and WHEREAS, the efforts of Working Solutions will provide supplemental support and technical assistance to RLF program participants; and
WHEREAS, Working Solutions has agreed to remit the first 1% of interest earned on RLF loans to the RLF capital base to continue to grow the fund; and NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is hereby authorized to execute a contract agreement and any amendments with Working Solutions to manage the RLF program and fund for a renewable term of ten years. A record signature copy of said contract and any amendments are to be filed in the Office of the City Clerk.
Attachment 2
City of Berkeley
Revolving Loan Fund
Administrative Plan
OFFICE OF ECONOMIC DEVELOPMENT
CITY OF BERKELEY, CA
1 10/1/2024
2 CITY OF BERKELEY REVOLVING LOAN FUND ADMINISTRATIVE PLAN EDA #07-39-02523
Approved by the Loan Administration Board,
Adopted by Berkeley City Council Resolution No. 70,260–N.S., Approved by the Economic Development Administration
---
Defederalization of RLF Award #07-39-02523, approved by the US Economic Development Administration, April 18, 2024
Administrative Plan Update Approved by the Loan Administration Board, October 1, 2024
Adopted by Berkeley City Council Resolution No. ___,___–N.S.
3 TABLE OF CONTENTS
PART 1: REVOLVING LOAN FUND STRATEGY Page 4
A. TARGET AREA OVERVIEW Page 4
B. THE BUSINESS DEVELOPMENT STRATEGY Page 6
C. FINANCING POLICIES Page 7
PART 2: COVID-19 RESILIENCY LOAN PROGRAM Page 8
List of Exhibits: Page 9
4 PART 1: THE REVOLVING LOAN FUND (RLF) STRATEGY
The RLF is designed to address areas of economic distress in the City of Berkeley and help implement the City’s economic development strategy for the Target Area as summarized below.
Small businesses and start-ups often are unable to access private capital for financing business expansion and improvements. Those who can meet private capital procurement requirements may do so at higher prices. In order to lessen this burden to local businesses, the RLF is designed to supplement private financing for tenant improvements and fixed assets such as equipment for businesses. Use of RLF funds in tandem with private financing can reduce the cost of private financing, thereby increasing the availability of private capital to businesses that are located in Berkeley.
A. TARGET AREA OVERVIEW
1. The Changing Economic Climate in Berkeley
At the inception of the RLF in 1980, the Target (lending) Area was exclusively in South Berkeley, where many of the City’s lowest income and minority residents were clustered.
Though South Berkeley continues to be one of the economically depressed areas in the City, poverty and unemployment are somewhat less geographically concentrated in South Berkeley than they were in the 80s, 90s, and the aughts (00s).
Expansion of the Target Area in 2011 to the full City of Berkeley did not mean that the RLF ceased lending in South Berkeley, or ceased lending to retail businesses. In fact, the opposite occurred. Once the program had a larger target area, it netted more applicants to the loan program, and increased visibility of this viable business assistance resource. In order to promote small business growth and add jobs to the Berkeley employment base, the RLF continues to need the flexibility to consider loan requests from businesses throughout all of Berkeley that have the potential to create more and better-quality jobs.
This RLF Administrative Plan update stems from a regional strategy document, Building on Our Assets1 that has been reviewed by the Economic Development Administration (EDA) and certified as a Comprehensive Economic Development Strategy (CEDS) and has been updated into a region-wide (Bay Area) CEDS.2
There are also several area plans that dictate the direction of economic development activity in the City of Berkeley. Within the boundaries of the Target Area there are specific area plans in place, including:
o Adeline Corridor Plan (2020)
o Southside Plan (2011)
o Berkeley General Plan (2003)
o South Shattuck Strategic Plan (1997)
o University Avenue Strategic Plan (1996)
o West Berkeley Plan (1993)
o Downtown Plan (1990)
o South Berkeley Area Plan (1990)
o Waterfront Master Plan (1986)
1East Bay Economic Development Alliance, Building on Our Assets, Economic Development & Job Creation in the East Bay, A regional economic assessment, October 2011. See: https://eastbayeda.org/wp- content/uploads/2020/04/Building-on-Our-Assets-Report-2011.pdf 2 For more on the region-wide CEDS update, see: https://abag.ca.gov/technical-assistance
5 All other areas that do not fall within the area plans specified fall within the jurisdiction of the City of Berkeley’s General Plan’s Economic Development and Employment Element.
2. Target Area Resources and Assets
The commercial areas within the Target Area are primarily developed with a mix of residential and business clusters/corridors. The South Berkeley area can be characterized as neighborhood commercial districts on arterial streets: Adeline Avenue, Shattuck Avenue, Sacramento Street/San Pablo Avenue have a mix of smaller retail and service- sector businesses. Additionally, some light industrial and food processing establishments also exist along San Pablo Avenue. Research and Development (R&D) firms are highly concentrated in, but not limited to, the West Berkeley area. In the past decade, West Berkeley has experienced continued growth in biotechnology, pharmaceuticals, environmental services and food processing. While there was a vested effort to attract growth in the previous (pre-2011) Target Area (South Berkeley), there was very little success in doing so. The 2011 Target Area Expansion provided an opportunity to assist these growing sectors in their development, while continuing to assist traditional retail businesses along the south Berkeley commercial corridors.
The expansion of the Target Area continues to possess a number of resources and potential opportunities for synergistic economic development and growth, including:
Availability of commercial zoned vacant or underutilized parcels along major traffic corridors,
Numerous commercial districts with unique tenant mixes; Organized merchant associations in many districts of the city; Recent and planned public improvements along major corridors and BART stations; A high degree of community involvement and support for economic development and revitalization efforts;
Commitment of a significant amount of City and federal resources, including the recent development projects and public improvements around the Downtown Berkeley and Ashby BART stations, transportation enhancements along San Pablo Avenue and University Avenue; and
Availability of high quality educational and job-training resources through the neighboring University of California, the Berkeley Community College (Peralta District), and the City’s First Source employment program and other local employment training programs.
Unique to the City of Berkeley, the neighboring University of California, Berkeley and the Lawrence Berkeley National Laboratories are major draws for high tech businesses, many of which have ongoing business relationships with both the City and the University.
3. Implementation Programs and Activities
The City is implementing the following supportive programs in the Target Area:
a) Business retention and attraction programs specific to unique commercial districts the Target Area
6 b) Proactively engaging with financial institutions to access private capital for business expansion and attraction
c) Encouraging participating businesses to utilize the RLF in tandem with private financing
d) Providing a list of additional resources to assist borrowers in applying for financing e) Distributing information on local employment and business assistance programs f) Informing business owners on upcoming development of key properties, relevant capital improvement programs specific to the commercial area.
B. THE BUSINESS DEVELOPMENT STRATEGY
1. Objectives of the Business Development Strategy
The RLF is designed to assist in achieving the following economic development objectives and benefits for the Target Area:
Provide financing mechanisms through which public investment will stimulate simultaneous private investment in the revitalization of commercial districts within the Target Area that otherwise would not have occurred;
Provide a programmatic framework for the effective rehabilitation and conservation of commercial or industrial facilities;
Provide incentives for the retention, expansion, and location of firms that will promote increased employment opportunities for residents, present a stronger non-residential tax base, and provide more opportunity for local participation in economic activities; Increase minority enterprise development;
Increase women-owned business development;
Link RLF borrowers with the City's First Source Employment program to increase local hires;
Increase the growth potential of local businesses;
Establish linkages with the surrounding commercial area's existing economy to ensure the RLF Funds are not used as a substitute but instead as a supplement for private investment;
Generate additional tax revenues (from increased sales etc.) for the City of Berkeley; Assist firms in meeting local environmental standards; and Encourage the development of vacant land and the rehabilitation of dilapidated or vacant buildings for commercial purposes.
2. Targeted Sectors
The City has targeted the following industry clusters in the Target Area for business assistance:
Healthcare, including pharmaceuticals, medical devices, biotechnology and healthcare services;
Worker Owned Cooperatives;
Environmental, including environmental technology and environmental services; Business services, including locally serving professional services, business related services, technical services, finance, and real estate services; Light manufacturing, including food processing; and
Retail Trade.
7 3. Types of Business Assistance
The Office of Economic Development (OED) assists businesses in the Target Area with a full range of local economic development activities, including:
Attracting new businesses to the City of Berkeley in the targeted sectors by identifying and marketing vacant sites and buildings in close collaboration with the commercial real estate community.
Assisting new businesses in obtaining permits and financing. Assistance is provided to existing businesses to expand, including assistance with financing through the RLF and other available financing.
Referral of new and existing businesses interested in business planning to community business counseling resources such as SCORE Easy Bay and the Alameda County Small Business Development Center (SBDC).
Providing assistance in obtaining qualified employees that are also local residents through the City’s First Source Employment Program.
Providing technical assistance to businesses interested in the worker cooperative model as a succession plan.
C. FINANCING POLICIES
RLF loans may be made to qualifying businesses for tenant improvements, fixed assets such as equipment and machinery, working capital, and real estate transactions. Loan funds may also be used to finance the conversion of a qualifying business to worker ownership if the applicant can demonstrate that (1) the business would close, downsize, or be significantly harmed if the business does not convert to a cooperative, and (2) jobs would be retained or gained through the conversion.
RLF Award Number 07-39-0253 (granted in September 1980) was approved for defederalization by the U.S. Economic Development Administration on April 18, 2024.
See Exhibit B for defederalization approval. Administration of current and future RLF loans including origination and servicing are permitted to be assigned and performed by a third-party administrator, provided there is a provision to continue to grow the capital base of the RLF fund so it may continue to “revolve” and serve clients in the Target Area, and continue to carry out the economic development purposes of the Public Works and Economic Development Act of 1965 or PWEDA.
PART 2: COVID-19 RESILIENCY LOAN PROGRAM (RLP)
COVID-19 Resiliency Loan Program Borrower Description:
Small businesses, non-profits, cooperatives, and other business firms located in Berkeley, CA that are suffering substantial economic injury as a result of the COVID-19 pandemic are now eligible for low-interest “COVID-19 Resiliency Loans” for working capital. Berkeley business, including current RLF borrowers that have been financially impacted as a direct result of the COVID-19 pandemic may qualify for a COVID-19 Resiliency Loan to help meet financial obligations and operating expenses which could have otherwise been met by the enterprise had the disaster not occurred.
8 The COVID-19 Resiliency Loan Program will supplement the existing RLF Program subject to the following guidelines, criteria, and terms:
COVID-19 Resiliency Loan Program Guidelines:
Allocated $814,000 of available EDA funds to the COVID-19 Resiliency Loan Program which will be part of the City of Berkeley’s existing RLF program.
The maximum loan amount from COVID-19 Resiliency Loan Program seed funds will be set at 25% of the RLP capital base.
The remaining funding for this loan program shall be transferred to a third-party organization selected by the City Manager and/or his/her designee for the purpose of making loans to qualified businesses and organizations in Berkeley.
Loans shall be reviewed and approved by a third-party organization selected by the City Manager and/or his/her designee.
Loans shall be serviced by a third-party organization selected by the City Manager and/or his/her designee.
The requirement for loan applicants to leverage additional capital is removed for loans funded with COVID-19 Resiliency Loan Program dollars. (Currently, loans in the traditional RLF portfolio are required to leverage a minimum of two private dollars for every RLF dollar loaned).
COVID-19 Resiliency Loan Program Criteria:
Loan Applicants are to demonstrate that the applying entity (business or nonprofit) in good standing in the City of Berkeley.
Loan Applicants are to provide a completed California Tax Return and/or Certified Public Accountant prepared financials and/or an IRS Form 990 showing positive earnings (Profit).
Loan Applicants are to demonstrate that receipt of a City of Berkeley COVID-19 Resiliency Loan has the potential to create or save existing jobs.
For City of Berkeley COVID-19 Resiliency Loan applicants, the existing RLF requirement to demonstrate a declination from a traditional lender is waived.
COVID-19 Resiliency Loan Program Terms:
Payments shall be made to a third-party organization selected by the City Manager and/or his/her designee.
The loan interest rate for COVID-19 Resiliency Loans shall be between 1% and 7% depending on loan amount and risk level as determined by a third party loan reviewer “ ” (the current rate for standard RLF loans is the prime interest rate + 2 points).
Five (5) Year Repayment Period.
Additional deferrals and payment term modifications may be granted by approval on a loan by loan basis, subject to the approval of the third-party organization selected by the City Manager and/or his/her designee.
9 List of Exhibits
Exhibit A Map of Target Area Page 10
Exhibit B Defederalization Approval by the U.S. EDA Page 11
10 Exhibit A
Map of Target Area
10 11 |
Exhibit B
10 12 |
10 13 |
10 14 |
10 15 |
10 16 |
AGREEMENT TO RELEASE THE EDA FEDERAL INTEREST IN A
REVOLVING LOAN FUND AWARD
THIS AGREEMENT is between the United States Department of Commerce, Economic Development Administration (EDA) and City of Berkeley (Recipient).
WHEREAS, EDA, pursuant to its authority under the Public Works and Economic Development Act of 1965 (PWEDA) (42 U.S.C. § 3121 et seq.), awarded to Recipient one or more grants to capitalize a Revolving Loan Fund (RLF) bearing EDA award number(s) 07-39-02523 (the Award).
WHEREAS, EDA retains a federal interest in the Award and Recipient has submitted a written request that EDA release its federal interest in the Award consistent with the requirements of the Reinvigorating Lending for the Future Act (Pub. L. 116-192), attached hereto as Appendix A (the Request).
WHEREAS, EDA and Recipient agree that the current value of the RLF capital base is $1,103,611.87, the federal investment rate is 100%, and the federal share of the RLF capital base is $1,103,611.87 (the Award Funds).
WHEREAS, EDA has determined that 1) more than seven years have passed since the final EDA disbursement to Recipient of funds under the Award, 2) Recipient has complied with the terms and conditions of the Award, and 3) Recipient proposes to use the Award Funds for one or more activities that continue to carry out the economic development purposes of PWEDA.
WHEREAS, EDA agrees herein to release its federal interest in the Award and Recipient agrees herein to use Award Funds for one or more activities that continue to carry out the economic development purposes of PWEDA.
NOW THEREFORE, EDA and Recipient agree as follows:
1. EDA’s Release. EDA agrees to release its federal interest in the Award. EDA’s reversionary interest in the Award will cease to exist as of the effective date of this agreement.
a. Recipient’s use of Award Funds no longer needs to comply with, among other things, the following authorities:
i. OMB regulations at 2 CFR part 200, including the Compliance Supplement at Appendix XI, except that the Award Funds must appear in the Schedule of Federal Expenditures (SEFA) covering the fiscal year of release, and audited as required pursuant to 2 CFR part 200, subpart F. ii. EDA regulations at 13 CFR chapter III, including the RLF-specific regulations at part 307, subpart B (including the requirement at 13 CFR § 307.14 to submit Form ED-209 RLF Financial Report to EDA).
iii. The terms and conditions attached to the Award, including the Department of Commerce’s Standard Terms & Conditions, the EDA RLF Standard Terms & Conditions, and any Special or Specific Award Conditions. iv. The EDA-approved RLF plan or any related document governing administration of the Award.
b. This release of the EDA federal interest in the Award does not extend to or include a release of any other entity’s interest in the RLF capital base, including another federal agency’s interest in the RLF capital base. More specifically, if Community Development Block Grant funds from the U.S. Department of Housing and Urban Development (HUD) or funds from the U.S. Department of Agriculture (USDA) were used as local share under the Award, this release of the EDA federal interest does not extend to or include a release of any HUD or USDA federal interest in the RLF capital base. If Recipient seeks a release of another entity’s interest in the RLF capital base, including another federal agency’s interest in the RLF capital base, Recipient must negotiate such a release with the other entity and EDA will not participate in that negotiation.
2. Recipient’s Use of Award Funds. Recipient agrees to use Award Funds for one or more activities that continue to carry out the economic development purposes of PWEDA. a. Recipient shall not use Award Funds to construct schools, community centers, municipal buildings, or otherwise use Award Funds to carry out activities outside of the economic development purposes of PWEDA, nor shall Recipient use Award Funds to pay general costs of government.
b. Recipient shall not transfer Award Funds to a natural person, for-profit entity, or other entity ineligible for award under sections 3(4) and 209 of PWEDA (42 U.S.C. § 3122(4) and § 3149). For the sake of clarity, Award Funds may be used to contract with for-profit entities for goods and services for one or more activities that continue to carry out the economic development purposes of PWEDA and to operate an RLF that makes loans to for-profit organizations. c. Award Funds must be used in a manner consistent with EDA’s non-relocation policy. Specifically, Recipient shall not use Award Funds to induce the relocation of existing jobs within the U.S. that are located outside of a jurisdiction to within that jurisdiction in competition with other U.S. jurisdictions for those same jobs. d. Award Funds must be used in accordance with section 602 of PWEDA (42 U.S.C. § 3212). Specifically, Recipient shall ensure that all laborers and mechanics employed by contractors or subcontractors on projects assisted by Award Funds shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor as provided by section 602 of PWEDA or as it may be amended in the future.
e. Recipient shall use Award Funds in accordance with applicable federal, state, and local law, including applicable non-discrimination law. Recipient may not use Award Funds for any purpose that would be prohibited by the Establishment
Clause of the U.S. Constitution if the Award Funds were expended directly by the Federal Government.
f. Recipient is not required by the terms of this Agreement to seek EDA approval or permission to use Award Funds for one or more activities that continue to carry out the economic development purposes of PWEDA but that differ from the activities described in the Request, attached hereto as Appendix A. g. Recipient shall provide timely and accurate responses to EDA inquiries regarding Recipient’s use of the Award Funds. Following the release of EDA’s federal interest, EDA remains interested in working with Recipient to promote Recipient’s RLF or other activities that continue to carry out the economic development purposes of PWEDA.
3. Enforcement. In the event that EDA determines that Award Funds have been used in a manner inconsistent with this agreement, EDA may require Recipient to return the misspent portion of the Award Funds to the Federal Government, which may include the establishment of a debt with the U.S. Department of the Treasury.
4. Indemnification. To the extent permitted by law, Recipient agrees to indemnify and hold the Federal Government harmless from and against all liabilities that the Federal Government may incur as a result of releasing EDA’s federal interest in the Award.
5. Governing Law; Severability. This Agreement is governed by applicable federal law, if any, and if there is no applicable federal law by state law. The terms of this Agreement do not limit the rights EDA, its designees, successors, or assigns are entitled to under applicable federal or state law. In the event that any provision or clause of this Agreement conflicts with applicable law, such conflict shall not affect other provisions of this Agreement that can be given effect without the conflicting provision, and to this end the provisions of this Agreement are declared to be severable.
6. Entire Agreement. This Agreement contains the entire understanding of EDA and Recipient with respect to the subject matter hereof and supersedes all prior agreements and understandings, oral or written, with respect to such matters.
7. Authority. Recipient represents that (a) it has the power and authority to execute and perform this Agreement, (b) the execution and performance of this Agreement by Recipient have been duly authorized by all necessary corporate or other actions, (c) Recipient has duly and validly executed this Agreement, and (d) this Agreement is a legal, valid and binding obligation, enforceable against Recipient. [Remainder of this page intentionally left blank.]
IN WITNESS WHEREOF, EDA and Recipient have caused this Agreement to be duly executed by their respective officers as of the date indicated.
DEPARTMENT OF COMMERCE,
ECONOMIC DEVELOPMENT
ADMINISTRATION
By: ______________________________
Sheba Person-Whitley
Regional Director
Seattle Regional Office
______________________________
Date
CITY OF BERKELEY
By: _____________________________
Anne Cardwell
Deputy City Manager
______________________________
Date
4/18/2024 4/25/24
SHEBA PERSON-
WHITLEY
Digitally signed by SHEBA
PERSON-WHITLEY
Date: 2024.04.18 06:24:14
-07'00'
Anne Cardwell
Digitally signed by Anne
Cardwell
Date: 2024.04.25 11:38:34
-07'00'
Internal
Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www .CityofBerkeley.info/Manager
CONSENT CALENDAR
December 3, 2024
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen , City Manager
Submitted by: Aram Kouyoumdjian, Director of Human Resources Subject: Memorandum of Understanding: Public Employees Union – Local One
RECOMMENDATION
Adopt a Resolution 1) approving a successor Memorandum of Understanding (hereafter referred to as “MOU”) with Public Employees Union – Local One (hereafter referred to as the “Union”) for a three-year term from June 27, 2024 to July 26, 2027 and authorizing the City Manager to execute and implement the terms and conditions of employment set forth in the new MOU and to make non-substantive edits to the format and language of the MOU in alignment with the tentative agreement, and conforming to legal requirements; and 2) approving a new Classification and Salary table for Public Employees Union – Local One classifications that implement the salary adjustments reflected in the new MOU and supersede prior salary resolutions.
FISCAL IMPACTS OF RECOMMENDATION
The anticipated costs of the agreement are $2,347,852 in the first year, $5,208,806 in the second year, and $7,254,528 in the third year.
The terms of the proposed 2024-2027 MOU are within the parameters of authority approved by Council in closed session.
CURRENT SITUATION AND ITS EFFECTS
Notable changes in the 2024-2027 MOU are along four dimensions:
(1) COLA Increases: The terms of the new MOU provide for a 6.0% wage increase effective the start of the first full pay period after Council adoption; a 4.0% wage increase effective the first full pay period in July 2025; and a 4.5% wage increase in the 2026-2027 fiscal year, of which 2.5% will be effective the first full pay period in July 2026 and 2.0% will be effective the first full pay period in January 2027.
Internal
Memorandum of Understanding: Public Employees Union – Local One CONSENT CALENDAR December 3, 2024
(2) Longevity Pay: Effective the first full pay period in July 2026, the MOU modifies the current longevity pay structure to provide 3% longevity pay beginning with the 15th year of service. (Under the current contract, longevity is triggered at the beginning of the 25th year of service.)
(3) Holiday: The last Monday in March will be observed as Cesar Chavez Day. (4) Pay Differentials and Benefits: The remaining modifications to the MOU touch on various work conditions, pay differentials, and benefits, including the addition of vision insurance, an increase in the number of administrative leave hours (from 50 to 60 per year), reconfiguration of the bilingual pay differential (for parity with other unions), and equity adjustments in salaries for hard-to-fill classifications in transportation (e.g., Parking Services Manager) and mental health. These changes are specified in the “tracked changes” version of the proposed MOU (attached as Exhibit B).
Other modifications include removal of outdated provisions, updated language to reflect changes in the law, and agreement to conduct reviews of specifically designated job classifications within the term of the contract.
BACKGROUND
The City’s labor contract with the Union expired on June 26, 2024. In an effort to reach agreement on a successor MOU, representatives of the City and representatives of the Union commenced negotiation sessions beginning on May 16, 2024. The parties reached a tentative agreement on November 8, 2024.
Union membership ratified the tentative agreement on November 14, 2024.
ENVIRONMENTAL SUSTAINABILITY
There are no identifiable environmental effects or opportunities associated with the subject of this report.
RATIONALE FOR RECOMMENDATION
The City’s labor contract with Local One expired on June 26, 2024, triggering the need to negotiate a successor agreement.
The recommended COLA increases (and modification to longevity pay) address inflation and aim to keep the City of Berkeley competitive in its recruitment and retention efforts.
The recommended changes to specific job classes and work conditions are necessitated by operational needs.
ALTERNATIVE ACTIONS CONSIDERED
Various alternative proposals were considered by the Union’s and the City’s negotiation teams before mutual agreement was reached on the proposed MOU.
Internal
Memorandum of Understanding: Public Employees Union – Local One CONSENT CALENDAR December 3, 2024
CONTACT PERSON
Aram Kouyoumdjian, Director of Human Resources, (510) 981-6807.
Attachments:
1: Resolution: Memorandum of Understanding: Public Employees Union – Local One Exhibit A: Memorandum of Understanding Between the City of Berkeley and Public Employees Union – Local One, 2024-2027 (Revised Version) Exhibit B: Memorandum of Understanding Between the City of Berkeley and Public Employees Union – Local One, 2024-2027 (Tracked Changes Version)
Internal
RESOLUTION NO. ##,###-N.S.
MEMORANDUM OF UNDERSTANDING: PUBLIC EMPLOYEES UNION – LOCAL ONE (2024-2027)
WHEREAS, the City is obligated under the provisions of California Government Code Sections 3500-3511, commonly referred to as the Meyers-Milias-Brown Act, to meet and confer in good faith and attempt to reach agreement with representatives of recognized bargaining units on matters within the scope of representation including, but not limited to, wages, hours, and other terms and conditions of employment; and WHEREAS, the City’s labor contract with Public Employees Union – Local One expired and fully terminated on June 26, 2024; and
WHEREAS, representatives of the City and Local One have met and conferred in good faith and have reached agreement on a new Memorandum of Understanding that incorporates all changes and modifications in wages, hours, and other terms and conditions of employment agreed to by the parties;
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is hereby authorized to execute the new Memorandum of Understanding for the period June 27, 2024 through June 26, 2027 with Public Employees Union – Local One, including changes in certain benefits on dates specified in the Memorandum of Understanding which is attached hereto, made a part hereof and marked Exhibit A, and to make non-substantive edits to the format and language of the MOU in alignment with the tentative agreement, and conforming to legal requirements; and BE IT FURTHER RESOLVED that the Council of the City of Berkeley approves, and the City Manager is hereby authorized to effectuate, new Classification and Salary tables for Public Employees Union – Local One that implement the salary adjustments reflected in the new MOU and supersede prior salary resolutions; and BE IT FURTHER RESOLVED that a fully executed original of said contract is filed in the Office of the City Clerk.
Exhibits
A: Memorandum of Understanding Between the City of Berkeley and Public Employees Union – Local One, 2024-2027 (Revised Version) B: Memorandum of Understanding Between the City of Berkeley and Public Employees Union – Local One, 2024-2027 (Tracked Changes Version)
Agenda Item
Attachment
This attachment will be provided to the City Council and the public prior to the meeting (including posting to the city website) in accordance with the requirements for
revised and supplemental materials in the Open
Government Ordinance.
City Clerk Department
2180 Milvia Street
Berkeley, CA 94704
(510) 981-6900
The City of Berkeley, City Council’s Web site:
http://berkeleyca.gov
Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager
CONSENT CALENDAR
December 3, 2024
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Scott Ferris, Director, Parks Recreation & Waterfront Subject: Donation: Memorial Bench at Cesar Chavez Park in memory of Lawrence “Lon” Mullen
RECOMMENDATION
Adopt a Resolution accepting a cash donation in the amount of $3,400 for a memorial bench to be placed at Cesar Chavez Park in memory of Lawrence “Lon” Mullen.
FISCAL IMPACTS OF RECOMMENDATION
The value of a single bench and memorial plaque is $3,400, which covers the purchasing and installation costs performed by the City. The cash donation will be deposited into Marina Fund donation revenue budget code 608-52-544-591-0000-000- 000-481110 and will be appropriated in FY 2025.
CURRENT SITUATION AND ITS EFFECTS
The family of Lawrence “Lon” Mullen wishes to donate a memorial bench in their memory to be placed at the Cesar Chavez Park with a cash donation of $3,400. Per the City’s Park Bench Donation Policy, individuals may donate memorial benches to the City’s parks in selected locations, subject to the approval of the Director of the Parks Recreation & Waterfront Department, and pay for all associated costs, subject to Council disclosure and approval of the gift donation. The Director has determined that the proposed donation complies with the City’s Bench Donation Policy as described in Resolution No. 64,148-N.S. and has approved the donation, subject to Council approval.
BACKGROUND
Benches are placed throughout the City in accordance with the City’s Park Bench Donation Policy approved by Council on July 22, 2008 (Resolution No. 64,148-N.S.).
The City’s Open Governance Ordinance (OGO) requires City Council disclosure and approval of any gift to the City in excess of $1,000 (BMC Section 2.06.150, Ord. 7,166- N.S.)
Donation: Memorial Bench at Cesar Chavez Park – Mullen Family CONSENT CALENDAR December 3, 2024
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACT
The City’s vendor for benches, Dumor, Inc., makes its priority to purchase only sustainably-harvested wood derived from stringently-regulated timber source locations, including California, Oregon, Washington and British Columbia. This policy reduces solid waste volumes in landfills, helps conserve natural resources and limits the environmental effects resulting from the extraction of virgin materials. The benches therefore comply with the City’s environmentally preferable purchasing policy, specifically section 3.7 Forest Conservation.
CONTACT PERSON
Bruce Pratt, Parks Superintendent, 510-981-6700
Alexandra Endress, Waterfront Manager, 510-981-6737
Attachments:
1: Resolution
RESOLUTION NO. -N.S.
DONATION: MEMORIAL BENCH AT CESAR CHAVEZ PARK AT THE BERKELEY MARINA IN MEMORY OF LAWRENCE “LON” MULLEN
WHEREAS, on July 22, 2008, Council adopted the Park Bench Donation Policy (Resolution No. 64,148-N.S.); and
WHEREAS, the City’s Open Governance Ordinance (OGO) requires City Council disclosure and approval of any gift to the City in excess of $1,000 (BMC Section 2.06.150, Ord. 7,166-N.S.); and
WHEREAS, the family of Lawrence “Lon” Mullen wishes to donate a memorial bench in their memory to be placed at Cesar Chavez Park at the Berkeley Marina with a cash donation of $3,400; and
WHEREAS, per the City’s Park Bench Donation Policy, individuals may donate memorial benches to the City’s parks in selected locations, subject to the approval of the Director of the Parks Recreation & Waterfront Department, and pay for all associated costs, subject to Council disclosure and approval of the gift donation; and WHEREAS, the Director has determined that the proposed donation complies with City’s Bench Donation Policy as described in Resolution No. 64,148-N.S. and has approved the proposed donation; and
WHEREAS, the cash donation will be deposited into Marina Fund donation revenue budget code 608-52-544-591-0000-000-000-481110- and will be appropriated in FY 2025.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that a cash donation in the amount of $3,400 for a memorial bench to be placed at Cesar Chavez Park at the Berkeley Marina in memory of Lawrence “Lon” Mullen is hereby accepted.
Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager
CONSENT CALENDAR
December 3, 2024
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Scott Ferris, Director, Parks Recreation & Waterfront Department Subject: Donation from the Eli Kane Fund for the Solano-Peralta Park Improvement Project
RECOMMENDATION
Adopt a Resolution accepting a cash donation of up to $86,495 from the Eli Kane Fund to complete phase 3 of the Solano-Peralta Park Improvement Project, including a memorial bench/table in memory of their son, Eli Kane.
FISCAL IMPACTS OF RECOMMENDATION
This cash donation in the amount of up to $86,495 from the Eli Kane Fund will be deposited into the Parks Fund donation revenue budget code 138-52-545-000-0000- 000-000-481110.
CURRENT SITUATION AND ITS EFFECTS
The family of the Eli Kane Fund wishes to provide a donation of up to $86,495 to fund phase 3 of the Solano-Peralta Park Improvement Project in memory of their son, Eli, who passed away in 2021 at the age of 20. The City’s Open Governance Ordinance (OGO) requires City Council approval of any gift to the City in excess of $1,000 (BMC Section 2.06.150, Ord. 7,166- N.S.) Without the donation from the Eli Kane Fund, phase 3 of the project would not be possible.
BACKGROUND
The Eli Kane Fund was established by the Kane Family to provide grant funding to eligible projects in honor of their beloved son, Eli, who passed away in 2021 at the age of 20. The website for the Eli Kane Fund can be found at the following link:
https://www.elikanefund.org/ A detailed story about Eli’s life can be found in the following Berkeleyside article from 2021: Remembering Berkeley High grad Eli Kane The development of Solano-Peralta Park was initially funded by monies from Measure Y, the bond that passed in 1974 for park development, and contributions from the Solano-Peralta Group. In March of 2023, after a multi-month community process, the City completed the first of three phases of improvements at the park, which involved the installation of a playstructure, water features (play tables, fountain, and pumps), and
Donation from the Eli Kane Fund for the CONSENT CALENDAR Solano-Peralta Park Improvement Project December 3, 2024
logs funded primarily from General Fund. Phase 2 was completed in October 2024 and involved the installation of picnic tables, chairs, and additional play features funded by Parks Tax. Phase 3 involves the replacement of the wood separators in the concrete plaza with decorative tile, the installation of new trees, new planter beds and plants, irrigation, and a specialized memorial bench/table in memory of their son, Eli Kane.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE CHANGE
There are no identifiable environmental effects or opportunities associated with the subject of this report.
RATIONALE FOR RECOMMENDATION
This donation will cover the cost of phase 3 of the improvements at Solano-Peralta Park, which involves the replacement the wood separators of the concrete plaza with decorative tile, the installation of new trees, new planter beds and plants, irrigation, and a specialized memorial bench/table in memory of their son, Eli Kane. Without the donation from the Eli Kane Fund, phase 3 of the project would not be possible.
ALTERNATIVE ACTIONS CONSIDERED
None
CONTACT PERSON
Scott Ferris, Director, Parks, Recreation, and Waterfront, 510-981-6711 Attachments:
1: Resolution
RESOLUTION NO. ##,###-N.S.
ACCEPTING A CASH DONATION OF UP TO $86,495 FROM THE ELI KANE FUND TO COMPLETE PHASE 3 OF THE SOLANO-PERALTA PARK IMPROVEMENT
PROJECT
WHEREAS, the Solano-Peralta Park was completed in 1983; and WHEREAS, in March of 2023, after a multi-month community process, the City completed the first of three phases of improvements at the park, which involved the installation of a playstructure, water features (play tables, fountain, and pumps), and logs funded primarily from General Fund; and
WHEREAS, Phase 2 was completed in October 2024 and involved the installation of picnic tables, chairs, and additional play features funded by Parks Tax; and WHEREAS, Phase 3 involves the replacement of the wood separators in the concrete plaza with decorative tile, the installation of new trees, new planter beds and plants, irrigation, and a specialized memorial bench/table in memory of their son, Eli Kane.
WHEREAS, without the donation from the Eli Kane Fund, this third phase of the project would not be possible; and
WHEREAS, the cash donation in the amount of up to $86,495,000 from the Eli Kane Fund will be deposited into the Parks Fund donation revenue budget code 138-52-545- 000-0000-000-000-481110; and
WHEREAS, the City’s Open Governance Ordinance (OGO) requires City Council approval of any gift to the City in excess of $1,000 (BMC Section 2.06.150, Ord. 7,166- N.S.).
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley to accept a cash donation of up to $86,495 from the Eli Kane Fund to complete phase 3 of the Solano-Peralta Park Improvement Project, including a memorial bench/table in memory of their son, Eli Kane.
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/your-government/about-us/departments/city- managers-office
CONSENT CALENDAR
December 3, 2024
To: Honorable Mayor and Members of the City Council From: Paul Buddenhagen, City Manager
Submitted by: Scott Ferris, Director, Parks Recreation & Waterfront Subject: Contract: Azul Works, Inc. for Ohlone Park Restroom and Lighting project
RECOMMENDATION
Adopt a Resolution:
1. Approving the plans and specifications for the Ohlone Park Restroom and Lighting Project;
2. Accepting the bid of the lowest responsive and responsible bidder, Azul Works, 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, with Azul Works, Inc., for the Ohlone Park Restroom and Lighting Project at 1502 Delaware Street, 1641 Hearst Ave, 1701 Hearst Ave, and 1800 Hearst Ave, in an amount not to exceed $882,278 which includes a base contract amount of $698,000, plus $69,198 for Add Alternates No. 2 and 3, and a 15% contingency in the amount of $115,080.
FINANCIAL IMPLICATIONS
Funding in the amount of $882,278 is available in the FY25 Measure T1 Fund (Fund 511) budget.
Construction
Azul Works, Inc. (lowest bid) $767,198
15% Contingency $115,080
Total Construction Cost $882,278
Funding
Measure T1 Fund (Fund 511) $882,278
Total Funding $882,278
Contract: Azul Works for CONSENT CALENDAR
Ohlone Park Restroom and Lighting Project December 3, 2024
CURRENT SITUATION AND ITS EFFECTS
Ohlone Park is a five-block linear park that hosts a variety of recreational amenities, including but not limited to a softball field, playgrounds, volleyball court, basketball court, grass fields, dog park, community garden, and outdoor exercise equipment. It is popular amongst people of all ages and is heavily used, but the only restroom facilities currently available at this park are porta-potties. In addition to recreational users, the pathways are used by commuters as Ohlone Park provides a connection to North Berkeley BART.
This project includes a new pre-fabricated, two-stall restroom located in the block between California Street and McGee Avenue, between the Ohlone soccer field and volleyball court. This project also includes the addition of dark sky-compliant light fixtures in existing dark spots along the Ohlone pathway.
The Ohlone Park Restroom and Lighting Project is funded by Measure T1, the 2016 voter-approved bond to pay for improvements to City infrastructure and facilities.
BACKGROUND
The project was advertised for bids on Friday, September 6, 2024, and bids were opened on Tuesday, October 17, 2024. The City received 5 bids, from a low base bid of $698,000 to a high base bid of $1,012,133. With the exception of the lowest bid, all bids were above the amount budgeted for this project. The determination of the lowest responsive and responsible bidder was based on the price for base bid work, as indicated in the bid documents.
In the evaluation and review of construction bids, the City considers the Bidder’s qualifications, and conducts reasonable investigations and reference checks of the Bidder and other persons and organizations as the City deems necessary to assist in the evaluation of any bid, and to establish the Bidder’s responsibility, qualifications, and ability to perform the Work in accordance with our contract documents. The City reserves the right to consider information provided by sources other than the Bidder. If the City believes that it would not be in the best interest of the Project to make an award to that Bidder, or the Bidder fails to meet other pertinent standards or criteria established by the City, the City may reject the Bid as non-responsive.
The lowest bidder is Azul Works, Inc. (Azul). In reviewing Azul Works’ references and qualifications, it was discovered that Azul was involved in a case that resulted in a federal criminal complaint with the City of San Francisco’s former Public Works Director that surfaced in 2020. The City of San Francisco currently has a pending request to debar the ex-CEO of Azul, Balmore Hernandez, and his former company, from being awarded City of San Francisco projects. This request has been pending with an order to stay debarment proceedings pending resolution of the federal criminal complaint. At this point, neither Balmore Hernandez nor his former company Azul Works, Inc. have been disbarred.
Contract: Azul Works for CONSENT CALENDAR
Ohlone Park Restroom and Lighting Project December 3, 2024
Upon review, Azul has no previous history working with the City of Berkeley and their references checks, including recently completed projects with other public agencies, were satisfactory. Additionally, Azul’s submittal met all City requirements.
Based on these findings and that the City is required to award to the lowest responsive and responsible bidder, Staff recommends that it would be in the City’s best interest to award the construction contract to Azul Works, Inc.
The Living Wage Ordinance does not apply to this project since construction contracts are, pursuant to City policy, subject to State prevailing wage laws. The contractor will need to submit a certification of Compliance for the Equal Benefits Ordinance. The contract will be subject to the Community Workforce Agreement.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The construction contract includes requirements to comply with the City’s Environmentally Preferable Purchasing Policy and Construction and Demolition Waste program of at least 50%.
RATIONALE FOR RECOMMENDATION
The new pre-fabricated restroom and light fixtures are needed as part of the City’s ongoing program to repair, renovate and improve accessibility at non-compliant or aging Parks facilities. The City does not have in-house labor or equipment resources to complete this renovation project.
ALTERNATIVE ACTIONS CONSIDERED
None
CONTACT PERSON
Scott Ferris, Director, Parks Recreation & Waterfront, 510-981-6700 Evelyn Chan, Supervising Civil Engineer, Parks Recreation & Waterfront, 510-981-6430 Attachments:
1: Resolution
2: Bid Results
RESOLUTION NO. ##,###-N.S.
CONTRACT: AZUL WORKS, INC. FOR OHLONE PARK
RESTROOM AND LIGHTING PROJECT
WHEREAS, the Ohlone Park Restroom and Lighting Project is a Measure T1 project; and WHEREAS, the City has neither the in-house labor nor the equipment necessary to undertake this project; and
WHEREAS, invitation for bids was duly advertised on September 6, 2024, bids were opened on October 17, 2024, and the City received 5 bids; and WHEREAS, Azul Works Inc. was determined to be the lowest responsive and responsible bidder, and references for Azul Works Inc. were provided and were satisfactory; and
WHEREAS, funding is available in Measure T1 (Fund 511), NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Plans and Specifications for Specification No. 24-11649-C for the Ohlone Park Restroom and Lighting Project are approved; and
BE IT FURTHER RESOLVED that that the construction contract is awarded to Azul Works, Inc. as the lowest responsive and responsible bidder for a total contract amount of $767,198, which includes the base bid and two additive alternates; and BE IT FURTHER RESOLVED that the Council of the City of Berkeley authorizes the City Manager to execute a contract and any amendments, extensions, or change orders until completion of the project in accordance with the approved plans and specifications with Azul Works Inc. for the Ohlone Park Restroom and Lighting Project in an amount not to exceed $882,278, which includes a contract amount of $767,198 and a 15% contingency in the amount of $115,080 for unforeseen circumstances. A record signature copy of the agreement and any amendments to be on file in the Office of the City Clerk.
City of Berkeley
Abstract of Bid Worksheet
Finance Department
General Services Division
Bidders Base Bid CERT Registration &
Experience ADDENDUM 1 ADDENDUM 2 NON-COLLUSION Bid Bond SUB LIST SC LW WF EBO OS NF 1 Buildcorp Inc. 951,000.00$ X X X X X X X 2 Kerex Engineering 880,000.00$ X X X X X X X 3 Calico California Constructores 1,012,113.00$ X X X X X X X 4 Azul Works Inc. 698,000.00$ X X X X X X X 5 CSI Services 993,000.00$ X X X X X X X 6 7
8 9
10 Bid Recorder: Date
Bid Opener: Date
Project Manager: Stacey Rutherford Date
required w/ bid
Bid Date: 10/17/2024Spec. # 24-11649-C
FOR: Ohlone Park Restroom and Lighting Project
2180 Milvia Street, Berkeley, CA 94704 Tel: 510.981.7320 TDD: 510.981.6903 Fax: 510.981.7390 E-mail: [email protected]
17/10/24
18/10/24
18/10/24
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
December 3, 2024
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Jordan Klein, Director, Planning and Development Department Subject: Contracts: On-Call Planning and Environmental Services
RECOMMENDATION
Adopt 16 Resolutions authorizing the City Manager to approve contracts and any amendments with the following firms for on-call planning and environmental review services, for a total contract period of three years:
1. CSG Consultants, Inc. in an amount not to exceed $1,000,000; and
2. Environmental Science Associates in an amount not to exceed $1,000,000; and
3. Rincon Consultants, Inc. in an amount not to exceed $1,000,000; and
4. Stantec Consulting Services, Inc. in an amount not to exceed $1,000,000; and
5. MIG in an amount not to exceed $1,000,000; and
6. PlaceWorks in an amount not to exceed $1,000,000; and
7. Architectural Resources Group in an amount not to exceed $500,000; and
8. Ascent in an amount not to exceed $500,000; and
9. Chronicle Heritage in an amount not to exceed $500,000; and
10.EPD Solutions, Inc. in an amount not to exceed $500,000; and
11.FirstCarbon Solutions in an amount not to exceed $500,000; and
12.Illingworth & Rodkin, Inc. in an amount not to exceed $500,000; and
13.ICF Jones & Stokes, Inc. in an amount not to exceed $500,000; and
14.LSA in an amount not to exceed $500,000; and
15.Meridian Consultants in an amount not to exceed $500,000; and
16.Ratcliffe Consulting in an amount not to exceed $200,000.
FISCAL IMPACTS OF RECOMMENDATION
Contracts will only be exercised when an applicant pays all costs for expedited processing of a Use Permit or other discretionary zoning application, when the preparation of an environmental review document is required pursuant to the California Environmental Quality Act (CEQA) or the National Environmental Policy Act (NEPA), when preparation of topic specific technical reports is required, or in limited cases when the City elects to use outside general planning services firms to alleviate immediate backlogs of applications for a limited and defined period of time.
On-Call Planning and Environmental Services Contracts CONSENT CALENDAR December 3, 2024
Consultant work will not be authorized under the contracts and no funds will be encumbered unless an applicant provides full funding, or upon City Manager approval to use existing Permit Center Fund balance for purposes of improving customer response times by alleviated backlogs of applications on a limited basis.
Each contractor may be paid up to its specified not-to-exceed amount over a three-year period. Larger contract amounts are reserved for firms which can be called upon to provide a wider range of services (e.g., project specific expedited review services, environmental review services, technical support, mitigation monitoring).
Once the City receives funds from an applicant, they will be 1) deposited into Permit Service Center (PSC) Fund revenue code 621-53-584-621-0000-000-000-446140-, and 2) the same amount will be encumbered into the contractor’s Purchase Order using expenditure account code 621-53-584-622-0000-000-472-612990-.
CURRENT SITUATION AND ITS EFFECTS
The City has contracted with consultants to provide planning and environmental services since 2005 for:
1. Expedited Processing of Development Applications (Applicant Requested).
When applicants request expedited processing, the City either pays staff overtime or contracts with a consultant. In either case, the applicant pays the cost for the service. When the City enters into a contract with a consultant for expedited services, City staff remain actively involved with the project and coordinate closely with the consultant; application fees are also charged to cover staff time.
2. Environmental Analysis pursuant to CEQA or NEPA. For projects that require environmental review under CEQA, the City contracts with a consultant to prepare Initial Studies, (Mitigated) Negative Declarations, Environmental Impact Reports (EIRs), addenda to previous environmental documents, subsequent/supplemental EIRs, and CEQA notices. For environmental review under NEPA, the consultant would be expected to prepare an environmental assessment or environmental impact statement.
3. Preparation of Technical Reports. The City contracts with consultants to prepare technical reports to evaluate issue specific topic areas for large, complicated projects. For example, consultants would be required to prepare or conduct a peer review of an air quality analysis, health risk assessment, geotechnical report, historic resource evaluation, or noise and vibration analyses for more complex proposed projects.
4. Land Use Application Review (staff initiated). In order to prioritize timely service to customers, and when an especially large number of applications are received, the Planning and Development Department (“the Department”) has first offered staff the opportunity to reduce the backlog through overtime hours. When staff capacity is not available, consultant services have been utilized to assist
On-Call Planning and Environmental Services Contracts CONSENT CALENDAR December 3, 2024
with general application processing services until the temporary backlog has been reduced.
Staff distributed a Request for Qualifications (RFQ) in July 2024 (Specification No. 24- 11672-C). The following criteria were considered in reviewing the proposals received:
Understanding of the City’s needs and issues to be addressed; overall quality of the response and adherence to the content requirements. Qualifications, relevant experience, and abilities of the overall team, as demonstrated through a history of successful completion of similar projects. Demonstrated expertise and ability to provide the type of services requested on short notice and within budget.
Staff reviewed all proposals received in response to the RFQ, and determined that the 16 recommended consultants are well qualified to provide on-call planning and environmental services to the City. Approval of the contracts will expand the Department’s pool of expertise to expedite the processing of specific land use applications at the applicants’ expense upon request, to help alleviate general backlog of application processing in selected high-volume instances, and to perform specific tasks associated with required general or specific environmental and technical analyses as projects require, again at the applicants’ expense. The increasingly technical requirements for the review of land use applications require outside expertise. It is advantageous to have more firms on contract to meet demand, provide options, and ensure availability.
Contractors with capacity to work on multiple projects and/or a range of projects, such as expedited application processing as well as environmental review and analysis, are recommended for not-to-exceed contract amounts of $1,000,000 each. Firms which are focused on one particular type of services, such as environmental analysis, historic resources review, or noise monitoring, are recommended for not-to-exceed contract amounts of $500,000 each. One firm focused on providing expedited application processing is recommended for not-to-exceed contract amount of $200,000.
BACKGROUND
The process of procuring consultant services for individual projects can take up to five months. Having an on-call contract already in place provides the Department with the flexibility to engage with consultants quickly, avoiding delays and helping to meet the timeline requirements set forth in the Permit Streamlining Act, CEQA, NEPA, and other state laws. The Department has successfully retained 10 to 20 consultants at any given time on an on-call basis since 2005, for a maximum breadth of relevant expertise and availability.
The on-call contracts establish the parameters for future project-specific work and hourly rates. When an environmental document is required to meet state law, or when
On-Call Planning and Environmental Services Contracts CONSENT CALENDAR December 3, 2024
an applicant requests that the City utilize a consultant for expedited services, the City releases the particular specifications for the project to three consultants already under contract. These consultants respond with a project-specific proposal that includes an overview of the approach to the project, staff assignments, an estimate of time allocation for the various tasks as required in the scope of work, and a not-to-exceed cost based on hourly charges as stipulated in the contract. The City then selects a consultant and the Planning Director issues a Notice to Proceed. Staff work closely with the consultants and approve all work prior to distribution.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
On-call consultants support the Department’s role in assessing the environmental impacts of proposed developments projects, and identifying pathways for mitigating or avoiding such impacts.
RATIONALE FOR RECOMMENDATION
The Planning and Development Department has improved customer service by contracting with on-call consultants to expedite projects and provide environmental or technical services since 2005. Consultant support is needed because staff does not have expertise in certain technical subjects, the time or expertise to prepare initial studies, EIRs, technical reports, or adequate resources to expedite applications upon request. Berkeley has seen a general trend of increasing numbers of large development project applications, with year-to-year variations based on economic conditions.
Preapproved consultant contracts save significant amounts of time for City staff, and allow for much more expeditious review and processing of development applications.
ALTERNATIVE ACTIONS CONSIDERED
No alternative actions were considered.
CONTACT PERSON
Anne Hersch, Planning Manager, Land Use Planning Division, (510) 981-7411 Attachments:
1: Resolution to Contract with CSG Consultants, Inc.
2: Resolution to Contract with Environmental Science Associates 3: Resolution to Contract with Rincon Consultants, Inc. 4: Resolution to Contract with Stantec Consulting Services, Inc. 5: Resolution to Contract with MIG
6: Resolution to Contract with PlaceWorks
7: Resolution to Contract with Architectural Resources Group 8: Resolution to Contract with Ascent
9: Resolution to Contract with Chronicle Heritage
10: Resolution to Contract with EPD Solutions, Inc.
11: Resolution to Contract with FirstCarbon Solutions
12: Resolution to Contract with Illingworth & Rodkin, Inc.
On-Call Planning and Environmental Services Contracts CONSENT CALENDAR December 3, 2024
13: Resolution to Contract with ICF Jones & Stokes, Inc. 14: Resolution to Contract with LSA
15: Resolution to Contract with Meridian Consultants
16: Resolution to Contract with Ratcliffe Consulting
RESOLUTION NO. ##,###-N.S.
CONTRACT: CSG CONSULTANTS, INC. FOR PLANNING AND ENVIRONMENTAL
REVIEW SERVICES
WHEREAS, the City of Berkeley has contracted with environmental and planning consultants since 2005 to provide expedited processing of land use applications and environmental analysis; and
WHEREAS, outside services are needed to provide technical expertise and respond to applicant demand and customer expectations given limited staff resources; and WHEREAS, the City of Berkeley released a Request for Qualifications (RFQ) in July 2024 (Specification No. 24-11672-C); and
WHEREAS, staff reviewed the proposals and determined that [insert firm name] is well qualified to provide services that are needed; and
WHEREAS, no work will be authorized under the contract and no funds will be encumbered unless an applicant provides full funding, as in the case of expedited application review requests or the need for outside consultants for required analysis, or unless the City Manager authorizes the temporary use of existing Permit Service Center Fund balance for purposes of alleviating backlogs of applications on a limited basis.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is hereby authorized to approve a contract and any amendments with CSG Consultants, Inc. for environmental and planning services for a total contract period of three years in the amount not to exceed $1,000,000.
BE IT FURTHER RESOLVED that a record signature copy of said contracts and any amendments will be on file in the City Clerk Department.
RESOLUTION NO. ##,###-N.S.
CONTRACT: ENVIRONMENTAL SCIENCE ASSOCIATES FOR PLANNING AND
ENVIRONMENTAL REVIEW SERVICES
WHEREAS, the City of Berkeley has contracted with environmental and planning consultants since 2005 to provide expedited processing of land use applications and environmental analysis; and
WHEREAS, outside services are needed to provide technical expertise and respond to applicant demand and customer expectations given limited staff resources; and WHEREAS, the City of Berkeley released a Request for Qualifications (RFQ) in July 2024 (Specification No. 24-11672-C); and
WHEREAS, staff reviewed the proposals and determined that [insert firm name] is well qualified to provide services that are needed; and
WHEREAS, no work will be authorized under the contract and no funds will be encumbered unless an applicant provides full funding, as in the case of expedited application review requests or the need for outside consultants for required analysis, or unless the City Manager authorizes the temporary use of existing Permit Service Center Fund balance for purposes of alleviating backlogs of applications on a limited basis.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is hereby authorized to approve a contract and any amendments with Environmental Science Associates for environmental and planning services for a total contract period of three years in the amount not to exceed $1,000,000.
BE IT FURTHER RESOLVED that a record signature copy of said contracts and any amendments will be on file in the City Clerk Department.
RESOLUTION NO. ##,###-N.S.
CONTRACT: RINCON CONSULTANTS INC. FOR PLANNING AND
ENVIRONMENTAL REVIEW SERVICES
WHEREAS, the City of Berkeley has contracted with environmental and planning consultants since 2005 to provide expedited processing of land use applications and environmental analysis; and
WHEREAS, outside services are needed to provide technical expertise and respond to applicant demand and customer expectations given limited staff resources; and WHEREAS, the City of Berkeley released a Request for Qualifications (RFQ) in July 2024 (Specification No. 24-11672-C); and
WHEREAS, staff reviewed the proposals and determined that [insert firm name] is well qualified to provide services that are needed; and
WHEREAS, no work will be authorized under the contract and no funds will be encumbered unless an applicant provides full funding, as in the case of expedited application review requests or the need for outside consultants for required analysis, or unless the City Manager authorizes the temporary use of existing Permit Service Center Fund balance for purposes of alleviating backlogs of applications on a limited basis.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is hereby authorized to approve a contract and any amendments with Rincon Consultants, Inc. for environmental and planning services for a total contract period of three years in the amount not to exceed $1,000,000.
BE IT FURTHER RESOLVED that a record signature copy of said contracts and any amendments will be on file in the City Clerk Department.
RESOLUTION NO. ##,###-N.S.
CONTRACT: STANTEC CONSULTING SERVICES, INC. FOR PLANNING AND
ENVIRONMENTAL REVIEW SERVICES
WHEREAS, the City of Berkeley has contracted with environmental and planning consultants since 2005 to provide expedited processing of land use applications and environmental analysis; and
WHEREAS, outside services are needed to provide technical expertise and respond to applicant demand and customer expectations given limited staff resources; and WHEREAS, the City of Berkeley released a Request for Qualifications (RFQ) in July 2024 (Specification No. 24-11672-C); and
WHEREAS, staff reviewed the proposals and determined that [insert firm name] is well qualified to provide services that are needed; and
WHEREAS, no work will be authorized under the contract and no funds will be encumbered unless an applicant provides full funding, as in the case of expedited application review requests or the need for outside consultants for required analysis, or unless the City Manager authorizes the temporary use of existing Permit Service Center Fund balance for purposes of alleviating backlogs of applications on a limited basis.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is hereby authorized to approve a contract and any amendments with Stantec Consulting Services, Inc. for environmental and planning services for a total contract period of three years in the amount not to exceed $1,000,000.
BE IT FURTHER RESOLVED that a record signature copy of said contracts and any amendments will be on file in the City Clerk Department.
RESOLUTION NO. ##,###-N.S.
CONTRACT: MIG FOR PLANNING AND ENVIRONMENTAL REVIEW SERVICES WHEREAS, the City of Berkeley has contracted with environmental and planning consultants since 2005 to provide expedited processing of land use applications and environmental analysis; and
WHEREAS, outside services are needed to provide technical expertise and respond to applicant demand and customer expectations given limited staff resources; and WHEREAS, the City of Berkeley released a Request for Qualifications (RFQ) in July 2024 (Specification No. 24-11672-C); and
WHEREAS, staff reviewed the proposals and determined that [insert firm name] is well qualified to provide services that are needed; and
WHEREAS, no work will be authorized under the contract and no funds will be encumbered unless an applicant provides full funding, as in the case of expedited application review requests or the need for outside consultants for required analysis, or unless the City Manager authorizes the temporary use of existing Permit Service Center Fund balance for purposes of alleviating backlogs of applications on a limited basis.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is hereby authorized to approve a contract and any amendments with MIG for environmental and planning services for a total contract period of three years in the amount not to exceed $1,000,000.
BE IT FURTHER RESOLVED that a record signature copy of said contracts and any amendments will be on file in the City Clerk Department.
RESOLUTION NO. ##,###-N.S.
CONTRACT: PLACEWORKS FOR PLANNING AND ENVIRONMENTAL REVIEW
SERVICES
WHEREAS, the City of Berkeley has contracted with environmental and planning consultants since 2005 to provide expedited processing of land use applications and environmental analysis; and
WHEREAS, outside services are needed to provide technical expertise and respond to applicant demand and customer expectations given limited staff resources; and WHEREAS, the City of Berkeley released a Request for Qualifications (RFQ) in July 2024 (Specification No. 24-11672-C); and
WHEREAS, staff reviewed the proposals and determined that [insert firm name] is well qualified to provide services that are needed; and
WHEREAS, no work will be authorized under the contract and no funds will be encumbered unless an applicant provides full funding, as in the case of expedited application review requests or the need for outside consultants for required analysis, or unless the City Manager authorizes the temporary use of existing Permit Service Center Fund balance for purposes of alleviating backlogs of applications on a limited basis.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is hereby authorized to approve a contract and any amendments with PlaceWorks for environmental and planning services for a total contract period of three years in the amount not to exceed $1,000,000.
BE IT FURTHER RESOLVED that a record signature copy of said contracts and any amendments will be on file in the City Clerk Department.
RESOLUTION NO. ##,###-N.S.
CONTRACT: ARCHITECTURAL RESOURCES GROUP FOR PLANNING AND
ENVIRONMENTAL REVIEW SERVICES
WHEREAS, the City of Berkeley has contracted with environmental and planning consultants since 2005 to provide expedited processing of land use applications and environmental analysis; and
WHEREAS, outside services are needed to provide technical expertise and respond to applicant demand and customer expectations given limited staff resources; and WHEREAS, the City of Berkeley released a Request for Qualifications (RFQ) in July 2024 (Specification No. 24-11672-C); and
WHEREAS, staff reviewed the proposals and determined that [insert firm name] is well qualified to provide services that are needed; and
WHEREAS, no work will be authorized under the contract and no funds will be encumbered unless an applicant provides full funding, as in the case of expedited application review requests or the need for outside consultants for required analysis, or unless the City Manager authorizes the temporary use of existing Permit Service Center Fund balance for purposes of alleviating backlogs of applications on a limited basis.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is hereby authorized to approve a contract and any amendments with Architectural Resources Group for environmental and planning services for a total contract period of three years in the amount not to exceed $500,000.
BE IT FURTHER RESOLVED that a record signature copy of said contracts and any amendments will be on file in the City Clerk Department.
RESOLUTION NO. ##,###-N.S.
CONTRACT: ASCENT FOR PLANNING AND ENVIRONMENTAL REVIEW SERVICES WHEREAS, the City of Berkeley has contracted with environmental and planning consultants since 2005 to provide expedited processing of land use applications and environmental analysis; and
WHEREAS, outside services are needed to provide technical expertise and respond to applicant demand and customer expectations given limited staff resources; and WHEREAS, the City of Berkeley released a Request for Qualifications (RFQ) in July 2024 (Specification No. 24-11672-C); and
WHEREAS, staff reviewed the proposals and determined that [insert firm name] is well qualified to provide services that are needed; and
WHEREAS, no work will be authorized under the contract and no funds will be encumbered unless an applicant provides full funding, as in the case of expedited application review requests or the need for outside consultants for required analysis, or unless the City Manager authorizes the temporary use of existing Permit Service Center Fund balance for purposes of alleviating backlogs of applications on a limited basis.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is hereby authorized to approve a contract and any amendments with Ascent for environmental and planning services for a total contract period of three years in the amount not to exceed $500,000.
BE IT FURTHER RESOLVED that a record signature copy of said contracts and any amendments will be on file in the City Clerk Department.
RESOLUTION NO. ##,###-N.S.
CONTRACT: CHRONICLE HERITAGE FOR PLANNING AND ENVIRONMENTAL
REVIEW SERVICES
WHEREAS, the City of Berkeley has contracted with environmental and planning consultants since 2005 to provide expedited processing of land use applications and environmental analysis; and
WHEREAS, outside services are needed to provide technical expertise and respond to applicant demand and customer expectations given limited staff resources; and WHEREAS, the City of Berkeley released a Request for Qualifications (RFQ) in July 2024 (Specification No. 24-11672-C); and
WHEREAS, staff reviewed the proposals and determined that [insert firm name] is well qualified to provide services that are needed; and
WHEREAS, no work will be authorized under the contract and no funds will be encumbered unless an applicant provides full funding, as in the case of expedited application review requests or the need for outside consultants for required analysis, or unless the City Manager authorizes the temporary use of existing Permit Service Center Fund balance for purposes of alleviating backlogs of applications on a limited basis.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is hereby authorized to approve a contract and any amendments with Chronicle Heritage for environmental and planning services for a total contract period of three years in the amount not to exceed $500,000.
BE IT FURTHER RESOLVED that a record signature copy of said contracts and any amendments will be on file in the City Clerk Department.
RESOLUTION NO. ##,###-N.S.
CONTRACT: EPD SOLUTIONS, INC. FOR PLANNING AND ENVIRONMENTAL
REVIEW SERVICES
WHEREAS, the City of Berkeley has contracted with environmental and planning consultants since 2005 to provide expedited processing of land use applications and environmental analysis; and
WHEREAS, outside services are needed to provide technical expertise and respond to applicant demand and customer expectations given limited staff resources; and WHEREAS, the City of Berkeley released a Request for Qualifications (RFQ) in July 2024 (Specification No. 24-11672-C); and
WHEREAS, staff reviewed the proposals and determined that [insert firm name] is well qualified to provide services that are needed; and
WHEREAS, no work will be authorized under the contract and no funds will be encumbered unless an applicant provides full funding, as in the case of expedited application review requests or the need for outside consultants for required analysis, or unless the City Manager authorizes the temporary use of existing Permit Service Center Fund balance for purposes of alleviating backlogs of applications on a limited basis.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is hereby authorized to approve a contract and any amendments with EPD Solutions, Inc. for environmental and planning services for a total contract period of three years in the amount not to exceed $500,000.
BE IT FURTHER RESOLVED that a record signature copy of said contracts and any amendments will be on file in the City Clerk Department.
RESOLUTION NO. ##,###-N.S.
CONTRACT: FIRSTCARBON SOLUTIONS FOR PLANNING AND ENVIRONMENTAL
REVIEW SERVICES
WHEREAS, the City of Berkeley has contracted with environmental and planning consultants since 2005 to provide expedited processing of land use applications and environmental analysis; and
WHEREAS, outside services are needed to provide technical expertise and respond to applicant demand and customer expectations given limited staff resources; and WHEREAS, the City of Berkeley released a Request for Qualifications (RFQ) in July 2024 (Specification No. 24-11672-C); and
WHEREAS, staff reviewed the proposals and determined that [insert firm name] is well qualified to provide services that are needed; and
WHEREAS, no work will be authorized under the contract and no funds will be encumbered unless an applicant provides full funding, as in the case of expedited application review requests or the need for outside consultants for required analysis, or unless the City Manager authorizes the temporary use of existing Permit Service Center Fund balance for purposes of alleviating backlogs of applications on a limited basis.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is hereby authorized to approve a contract and any amendments with FirstCarbon Solutions for environmental and planning services for a total contract period of three years in the amount not to exceed $500,000.
BE IT FURTHER RESOLVED that a record signature copy of said contracts and any amendments will be on file in the City Clerk Department.
RESOLUTION NO. ##,###-N.S.
CONTRACT: ILLINGWORTH & RODKIN, INC. FOR PLANNING AND
ENVIRONMENTAL REVIEW SERVICES
WHEREAS, the City of Berkeley has contracted with environmental and planning consultants since 2005 to provide expedited processing of land use applications and environmental analysis; and
WHEREAS, outside services are needed to provide technical expertise and respond to applicant demand and customer expectations given limited staff resources; and WHEREAS, the City of Berkeley released a Request for Qualifications (RFQ) in July 2024 (Specification No. 24-11672-C); and
WHEREAS, staff reviewed the proposals and determined that [insert firm name] is well qualified to provide services that are needed; and
WHEREAS, no work will be authorized under the contract and no funds will be encumbered unless an applicant provides full funding, as in the case of expedited application review requests or the need for outside consultants for required analysis, or unless the City Manager authorizes the temporary use of existing Permit Service Center Fund balance for purposes of alleviating backlogs of applications on a limited basis.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is hereby authorized to approve a contract and any amendments with Illingworth & Rodkin, Inc. for environmental and planning services for a total contract period of three years in the amount not to exceed $500,000.
BE IT FURTHER RESOLVED that a record signature copy of said contracts and any amendments will be on file in the City Clerk Department.
RESOLUTION NO. ##,###-N.S.
CONTRACT: ICF JONES & STOKES, INC. FOR PLANNING AND ENVIRONMENTAL
REVIEW SERVICES
WHEREAS, the City of Berkeley has contracted with environmental and planning consultants since 2005 to provide expedited processing of land use applications and environmental analysis; and
WHEREAS, outside services are needed to provide technical expertise and respond to applicant demand and customer expectations given limited staff resources; and WHEREAS, the City of Berkeley released a Request for Qualifications (RFQ) in July 2024 (Specification No. 24-11672-C); and
WHEREAS, staff reviewed the proposals and determined that [insert firm name] is well qualified to provide services that are needed; and
WHEREAS, no work will be authorized under the contract and no funds will be encumbered unless an applicant provides full funding, as in the case of expedited application review requests or the need for outside consultants for required analysis, or unless the City Manager authorizes the temporary use of existing Permit Service Center Fund balance for purposes of alleviating backlogs of applications on a limited basis.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is hereby authorized to approve a contract and any amendments with ICF Jones & Stokes, Inc. for environmental and planning services for a total contract period of three years in the amount not to exceed $500,000.
BE IT FURTHER RESOLVED that a record signature copy of said contracts and any amendments will be on file in the City Clerk Department.
RESOLUTION NO. ##,###-N.S.
CONTRACT: LSA FOR PLANNING AND ENVIRONMENTAL REVIEW SERVICES WHEREAS, the City of Berkeley has contracted with environmental and planning consultants since 2005 to provide expedited processing of land use applications and environmental analysis; and
WHEREAS, outside services are needed to provide technical expertise and respond to applicant demand and customer expectations given limited staff resources; and WHEREAS, the City of Berkeley released a Request for Qualifications (RFQ) in July 2024 (Specification No. 24-11672-C); and
WHEREAS, staff reviewed the proposals and determined that [insert firm name] is well qualified to provide services that are needed; and
WHEREAS, no work will be authorized under the contract and no funds will be encumbered unless an applicant provides full funding, as in the case of expedited application review requests or the need for outside consultants for required analysis, or unless the City Manager authorizes the temporary use of existing Permit Service Center Fund balance for purposes of alleviating backlogs of applications on a limited basis.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is hereby authorized to approve a contract and any amendments with LSA for environmental and planning services for a total contract period of three years in the amount not to exceed $500,000.
BE IT FURTHER RESOLVED that a record signature copy of said contracts and any amendments will be on file in the City Clerk Department.
RESOLUTION NO. ##,###-N.S.
CONTRACT: MERIDIAN CONSULTANTS FOR PLANNING AND ENVIRONMENTAL
REVIEW SERVICES
WHEREAS, the City of Berkeley has contracted with environmental and planning consultants since 2005 to provide expedited processing of land use applications and environmental analysis; and
WHEREAS, outside services are needed to provide technical expertise and respond to applicant demand and customer expectations given limited staff resources; and WHEREAS, the City of Berkeley released a Request for Qualifications (RFQ) in July 2024 (Specification No. 24-11672-C); and
WHEREAS, staff reviewed the proposals and determined that [insert firm name] is well qualified to provide services that are needed; and
WHEREAS, no work will be authorized under the contract and no funds will be encumbered unless an applicant provides full funding, as in the case of expedited application review requests or the need for outside consultants for required analysis, or unless the City Manager authorizes the temporary use of existing Permit Service Center Fund balance for purposes of alleviating backlogs of applications on a limited basis.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is hereby authorized to approve a contract and any amendments with Meridian Consultants for environmental and planning services for a total contract period of three years in the amount not to exceed $500,000.
BE IT FURTHER RESOLVED that a record signature copy of said contracts and any amendments will be on file in the City Clerk Department.
RESOLUTION NO. ##,###-N.S.
CONTRACT: RATCLIFFE CONSULTING FOR PLANNING AND ENVIRONMENTAL
REVIEW SERVICES
WHEREAS, the City of Berkeley has contracted with environmental and planning consultants since 2005 to provide expedited processing of land use applications and environmental analysis; and
WHEREAS, outside services are needed to provide technical expertise and respond to applicant demand and customer expectations given limited staff resources; and WHEREAS, the City of Berkeley released a Request for Qualifications (RFQ) in July 2024 (Specification No. 24-11672-C); and
WHEREAS, staff reviewed the proposals and determined that [insert firm name] is well qualified to provide services that are needed; and
WHEREAS, no work will be authorized under the contract and no funds will be encumbered unless an applicant provides full funding, as in the case of expedited application review requests or the need for outside consultants for required analysis, or unless the City Manager authorizes the temporary use of existing Permit Service Center Fund balance for purposes of alleviating backlogs of applications on a limited basis.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is hereby authorized to approve a contract and any amendments with Ratcliffe Consulting for environmental and planning services for a total contract period of three years in the amount not to exceed $200,000.
BE IT FURTHER RESOLVED that a record signature copy of said contracts and any amendments will be on file in the City Clerk Department.
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
December 3, 2024
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Terrence Davis, Director, Public Works
Subject: Lease Agreement – The Framer’s Workshop LLC, at 2435 and 2439 Channing Way in Telegraph-Channing Mall and Garage
RECOMMENDATION
Adopt first reading of an Ordinance authorizing the City Manager to execute a lease agreement with Framer’s Workshop LLC, a limited liability corporation to use and occupy 2435 and 2439 Channing Way inside the Telegraph-Channing Mall and Garage for a ten (10) year lease term with the option to extend for two additional five (5) year terms. The initial lease term is anticipated to begin February 1, 2025.
FISCAL IMPACTS OF RECOMMENDATION
The lease agreement anticipates total revenue of $772,230 for the initial ten (10) year term for the premises consisting of 3,208 square feet of retail space and use of building common areas including the tenant only restrooms and trash and recycling room in Telegraph-Channing Mall and Garage located at 2431 Channing Berkeley, CA, 94704.
The initial monthly price per square foot is $2.00 with an adjustment of 3% beginning the tenth year of the lease as well as the first year of each of the option.
The tenant will be responsible for payment of all PG&E charges associated with the meters serving 2435 and 2439 Channing Way from the commencement date of the lease. Revenue will be deposited into the Off-Street Parking Fund Revenue Account.
CURRENT SITUATION AND ITS EFFECTS
The Framer’s Workshop (founded 1976) and The Framer’s Outlet (founded 2012) were originally owned and managed by Kirstie Bennett and Jeff Goldberg. In preparation to pass their family business on to the next generation, both organizations were merged and are now known as The Framer’s Workshop, LLC (“Framer’s”). Framer’s are stable tenants with excellent rental history for more than 40 years. Framer’s has and will continue to offer do-it-yourself, custom, and ready-made framing and printing services.
Lease Agreement – The Framer’s Workshop LLC, at 2435 and 2439 Channing Way
CONSENT CALENDAR
December 3, 2024
The lease rate is based on a local market survey, comparable rents for other Telegraph- Channing Mall leases, the location of the shop in the mall, the condition of the space, and the exemplary history of current and past leases with this tenant.
BACKGROUND
Telegraph-Channing Mall and Garage was constructed by the City of Berkeley around 1970 with the last major improvement to the building completed in 1997. There are 15 shops on the ground floor of the garage that are easily accessed by garage patrons and foot traffic from the streets of Durant, Telegraph and Channing. In recent years foot traffic in the Telegraph Avenue area has fluctuated but most property owners have not reduced rents anticipating new higher density residential buildings will increase and stabilize foot traffic. While the general economic trend around and along Telegraph Avenue impacts the Telegraph Channing Mall, the location beneath the parking garage and other unique characteristics makes its marketability different from other area commercial properties. The Garage provides low cost parking for both Mall tenants and all business owners/operators in the Telegraph district.
The majority of businesses in the Mall are highly dependent on UC Berkeley students and find it challenging to meet financial goals during school breaks and holidays.
Framer’s is a long-stablished business that anticipates it will continue to draw a significant percentage of its customers from the larger San Francisco-East Bay Area and beyond. Other Mall tenants benefit from exposure to Framer’s customers.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects, climate impacts, or sustainability opportunities associated with the subject of this report.
RATIONALE FOR RECOMMENDATION
The two spaces have been occupied by Framer’s since 1976 and 2012. Framer’s completed a major remodel to the spaces that connects the two spaces. The business’ plan, together with business experience and credit worthiness of the owners make Framer’s Workshop LLC an ideal tenant for the foreseeable future.
ALTERNATIVE ACTIONS CONSIDERED
None.
CONTACT PERSON
Dionne Early, Community Development Project Coordinator, Real Property, (510) 981- 6453
Attachments:
1: Ordinance
Exhibit A: Lease Agreement for 2435 and 2439 Channing Way at Telegraph- Channing Mall
ORDINANCE NO. -N.S.
LEASE AGREEMENT: FRAMER’S WORKSHOP LLC AT 2435 AND 2439 CHANNING
WAY AT TELEGRAPH-CHANNING MALL AND GARAGE
BE IT ORDAINED by the Council of the City of Berkeley as follows:
Section 1. FINDINGS:
The City owns the Telegraph-Channing Mall and Garage located at 2431 Channing Way, Berkeley, CA and Framer’s Workshop LLC, a limited liability corporation, seeks to lease 2435 and 2439 Channing Way at the premises for purpose of operating a retail business offering custom framing, frame making, printing services and related materials to the public.
Section 2. AUTHORIZATION FOR CITY MANAGER TO ENTER INTO LEASE AT 2435 and 2439 Channing Way, Berkeley, CA (“2439 Channing Way”):
The City Manager is hereby authorized to enter into a ten-year lease agreement with the option for two five (5)-year extensions with Framer’s Workshop LLC for real property located at 2435 and 2439 Channing Way, two connected ground floor retail spaces in the City of Berkeley Telegraph-Channing Mall and Garage building. Such lease shall be on substantially the terms set forth in Exhibit A.
Section 3. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.
Exhibits
A: Lease Agreement for 2435 and 2439 Channing Way at Telegraph-Channing Mall Exhibit A: Premises
Exhibit B: Agreement Specifying Term of Lease
Exhibit C: Payment
Exhibit D: Rules, Restrictions and Prohibited Uses
TELEGRAPH-CHANNING MALL LEASE
This lease is made on _________________with a start date of February 1, 2025, between the CITY OF BERKELEY ("Landlord"), a Charter City organized and existing under the laws of the State of California and The Framer’s Workshop LLC ("Tenant"), a limited liability corporation, who agree as follows:
This Lease is made with reference to the following facts and objectives:
A. Landlord is the owner of the real property at 2435 and 2439 Channing Way located inside Telegraph-Channing Mall & Garage, 2431 Channing Way, Berkeley, California 94704, ("Premises") as further described in Exhibit A, attached to and made a part of this Lease.
B. Tenant is willing to lease the Premises from Landlord pursuant to the provisions stated in this lease.
C. Tenant wishes to lease the Premises for the purpose of operating a metalsmithing training program and retail store.
D. Tenant has examined the Premises and is fully informed of the condition thereof and agrees to accept it in “as-is” condition.
1. DESCRIPTION OF PREMISES
Landlord leases to Tenant and Tenant leases from Landlord the Premises described above.
2. TERM
The term of this lease shall commence on the effective date of the Ordinance which authorizes this lease unless the Ordinance provides otherwise and shall be for a period of ten (10) years plus the partial month, if any, immediately preceding the first full calendar month of this lease. Tenant shall have an option to extend the term of this Lease for up to two additional periods of five (5) years, pursuant to Section 35 of this Lease. The effective date of the Ordinance shall be no less than thirty (30) days after the second reading of the Ordinance and its approval by City Council. The Term is further described in Exhibit B, attached to and made a part of this Lease.
3. RENT
Tenant shall pay to Landlord as monthly rent, without deduction, setoff, prior notice, or demand, the sum of $6,416.00 (six thousand, four hundred, and sixteen dollars) per month in advance on the first day of each month, commencing on the date the Term commences,
and continuing during the Term. Monthly rent for the first month or portion of it shall be paid on the day the Term commences. Monthly rent for any partial month shall be prorated at the rate of 1/30th of the monthly rent per day. All rent shall be paid to Landlord at the address to which notices to Landlord are given.
Tenant will be responsible for all PG&E payments associated with 2435 and 2439 Channing Way from the commencement date of the lease.
4. PERIODIC RENT INCREASES
The monthly rent shall be increased at the commencement of the tenth year of the initial Term and the first year of each of the options Terms ("the adjustment date"). The adjusted monthly rent will be calculated by adding three percent (3%). Rent increases based on the 3% adjustment have been calculated and are further described in Exhibit C, attached to and made a part of this Lease.
5. SECURITY DEPOSIT
a. As security for the full and faithful performance by Tenant of each and every term, provision, covenant, and condition of this lease, Tenant shall deposit with Landlord cash in an amount of $1,000.00 (One Thousand Dollars). Such security shall be deposited on or before the effective date of the ordinance authorizing this lease. b. Tenant waives the provisions of California Civil Code section 1950.7, and all laws in force or that become in force after the date of execution of this Lease, that provide that Landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by Tenant, or to clean the Premises. c. If Tenant defaults in respect to any of the terms, provisions, covenants and conditions of this lease, including but not limited to the payment of rent, Landlord may use the security deposit or any portion of it to cure the default or compensate the Landlord for all damage sustained by Landlord resulting from Tenant's default. If Landlord so uses any portion of the security deposit, Tenant will restore the security deposit to its original amount within ten (10) days after written demand from Landlord.
d. Landlord will not be required to keep the security deposit separate from its own funds and Tenant shall not be entitled to interest on the security deposit. The security deposit will not be a limitation on Landlord's damages or other rights under this lease, or a payment of liquidated damages, or an advance payment of the rent. If Tenant pays the rent and performs all of its other obligations under this lease, Landlord shall return the unused portion of the security deposit to Tenant within sixty (60) days after the end of the term; however, if Landlord has evidence that the security deposit has been assigned to an assignee of the Tenant, Landlord shall return the security deposit to the assignee. Landlord may deliver the security deposit to a
purchaser of the Premises and be discharged from further liability with respect to it. Tenant waives the provisions of California Civil Code section 1950.7, and all laws in force or that become in force after the date of execution of this Lease, that provide that Landlord shall return the security deposit no later than thirty (30) days after the Landlord receives possession of the Premises.
6. LATE CHARGES
Tenant acknowledges that late payment by Tenant to Landlord of rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this lease, the exact amount of which will be extremely difficult to ascertain. Therefore, if any installment of rent or any other sum due from Tenant is not received by Landlord within ten (10) days after such amount is due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to ten percent (10%) of such overdue amount. The parties agree that this late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies available to it.
7. USE OF PREMISES; OPERATION
a. Tenant will use the Premises for the purpose of selling do-it-yourself, custom, and ready-made framing and printing services as well selling tools, supplies, and other related items and agrees to continuously and uninterruptedly occupy and use the entire leased Premises for said purpose and to maintain adequate personnel for the efficient service of clients or customers. Tenant shall not use nor permit the use of the whole or any part of the Premises for any other purpose without the Landlord's prior written consent. b. Business may be conducted with the public on the leased Premises at any time on any day, provided that, 1) to do business after 10:00 p.m. on any day Tenant shall have obtained any permit required by federal, state or local law; and 2) Tenant hours of operation have been approved by the Landlord, including vacation, holiday, and seasonal schedule changes and/or closures (if any).
c. Tenant agrees to abide by all facility “Rules and Regulations” and are further described in Exhibit D, attached to and made a part of this Lease. Amendments to Exhibit D may be made from time to time and do not require approval by City Council. d. In addition to Tenant’s agreement to abide by all other restrictions on Tenant’s use, Tenant hereby covenants that it shall not use the demised premises to engage in either the primary business of a flower shop, which shall include engaging in the primary business of selling flowers, plants, or related supplies nor the primary business of a deli/sandwich shop, which shall include engaging in the primary business of selling made to order sandwiches.
Tenant agrees that any violation of these use restrictions shall constitute a default by Tenant under this Lease, and that Landlord’s notice to Lessee of this specific use restriction shall not be deemed a waiver by Landlord of any other use restriction imposed on the Tenant for the use of the demised Premises.
8. TAXES AND ASSESSMENTS
a. Tenant recognizes and understands that this lease may create a possessory interest subject to property taxation and assessment and utility taxation, and that the Tenant will be responsible for the payment of any property taxes and assessments, and utility taxes levied on such interest.
b. Tenant shall pay all taxes on its personal property, fixtures and on its leasehold or possessory interest in the leased Premises and any other assessment that may be lawfully levied.
9. UTILITIES
Tenant agrees to pay any and all charges for electricity, gas, heat, cooling, telephone, internet services, sewer use, water, refuse collection and other utilities used in the Premises. Tenant is responsible for directly paying any and all charges associated with the dedicated Pacific Gas and Electric meter for the Premises.
10. MAINTENANCE AND REPAIR
a. Tenant is responsible for ensuring that the Premise meet all applicable City of Berkeley codes prior to occupancy under this lease.
b. Tenant shall keep and maintain in good order, condition and repair (except for reasonable wear and tear) all portions of the Premises including without limitation, all fixtures, interior walls, floors, ceilings, plumbing, glass, roof, heating, ventilating and sewage facilities serving the leased Premises, landscaping, and the sidewalk adjacent to the Premises. c. Tenant shall make all required repairs upon demand by Landlord. Failure to make such repairs within thirty (30) days of the Landlord's demand shall constitute a default by Tenant.
11. IMPROVEMENTS
a. Tenant shall not erect additions or structures nor make nor cause to be made any alterations, improvements, additions, or fixtures that affect the exterior or interior of the Premises, nor shall Tenant mark, paint, drill or in any way deface any floors, walls, ceilings, or partitions of the Premises without 1) first providing thirty (30) days' written notice to Landlord
and 2) obtaining City of Berkeley Building Permits as required by the Berkeley Municipal Code as it exists at the time of such improvements. Failure to notify the Landlord or failure to obtain Building Permits or meet other regulatory requirements shall constitute a default by Tenant. b. Tenant shall require all contractors to provide a labor and materials bond for the full amount of the contract. Tenant shall pay, when due, all sums of money that may be due or become due for any labor, services, materials, supplies or equipment furnished to or for Tenant, in, at, upon or about the leased Premises and which may be secured by any mechanic's, materialmen's or other lien against the Premises or Landlord's interest therein. c. All alterations, improvements or additions that are now or in the future attached permanently to the Premises shall be the property of Landlord and remain with the Premises at the termination of this lease, except that Landlord can elect within thirty (30) days of the termination of the lease to require Tenant, at its cost, to remove any alterations, improvements or additions Tenant has made to the Premises.
12. INDEMNIFICATION
Tenant shall indemnify, defend and hold Landlord, its officers, agents, volunteers and employees harmless from: 1) all claims of liability for any damage to property or injury or death to any person occurring in, on, or about the Premises; 2) all claims of liability arising out of Tenant's failure to perform any provision of this lease, or any act or omission by Tenant, its agents, contractors, invitees or employees; and 3) all damages, liability, fines, penalties, and any other consequences arising from any noncompliance or violation of any laws, ordinances, codes, or regulations, including but not limited to the Occupational Safety and Health Act of 1979 and the Americans with Disabilities Act of 1990. Except, however, that Landlord shall hold Tenant harmless from all claims of liability for damage resulting from the acts or omissions of Landlord or its authorized representatives.
13. INSURANCE
a. Tenant at its cost shall maintain public liability insurance with a single combined liability limit of $2,000,000 and property insurance against all risks of loss to any Tenant improvements or betterments, at full replacement cost with no coinsurance penalty provision insuring against all liability of Tenant and its authorized representatives arising out of and in connection with Tenant's use or occupancy of the Premises. All such insurance shall insure performance by Tenant of the preceding indemnity provisions. All insurance shall name the City of Berkeley (2180 Milvia Street, Berkeley, CA 94704), its officers, agents, volunteers and employees as additional insureds and shall provide primary coverage with respect to the City.
b. If the insurance referred to above is written on a Claims Made Form, then following termination of this lease, coverage shall survive for a period of not less than five years.
Coverage shall also provide for a retroactive date of placement coinciding with the effective date of this lease.
c. Tenant at its cost shall maintain on all its personal property, Tenant's improvements, and alterations, in on, or about the Premises, a policy of standard fire and extended coverage insurance, with vandalism and malicious mischief endorsements. This coverage shall be considered primary, and the proceeds from any such policy shall be used by Tenant for the replacement of personal property or the restoration of Tenant's improvements or alterations.
d. If Tenant employs any person, it shall carry workers' compensation and employer's liability insurance and shall provide a certificate of insurance to the Landlord. The workers' compensation insurance shall: provide that the insurance carrier shall not cancel, terminate, or otherwise modify the terms and conditions of said insurance except upon thirty (30) days prior written notice to the Landlord; provide for a waiver of any right of subrogation against Landlord to the extent permitted by law; and be approved as to form and sufficiency by the Landlord's Risk Manager.
e. Tenant shall forward copies of all insurance documents including renewals to:
14. COMPLIANCE WITH LAW AND SAFETY
a. Tenant shall observe and comply with all applicable laws, ordinances, codes and regulations of governmental agencies, including federal, state, municipal and local governing bodies having jurisdiction over any or all of the Tenant's activities, including all provisions of the Occupational Safety and Health Act of 1979 and all amendments thereto, and all applicable federal, state, municipal, and local safety regulations. All Tenant's activities must be in accordance with these laws, ordinances, codes, and regulations. b. If a death, serious personal injury, or substantial property damage occurs in, on, or about the Premises, Tenant shall immediately notify the Landlord's Risk Management Office by telephone. If any accident occurs on the Premises, Tenant shall promptly submit a written report to Landlord, in such form as Landlord may require. This report shall include the following information: 1) name and address of the injured or deceased person(s), (2) name and address of Tenant's contractor, if any, (3) name and address of Tenant's liability insurance carrier, and (4) a detailed description of the accident. c. Tenant shall report all existing hazardous materials handled at the site and any hazardous wastes generated at the site to the Toxics Management Division (TMD) on an annual basis and abide by all requirements of the TMD and other state and local environmental agencies. Upon release of hazardous materials or hazardous waste at the property or adjacent to
the property, Tenant shall immediately notify the City of Berkeley Toxics Management Division.
If the release is significant, the Tenant must report it to the 911 and the Office of Emergency Services.
15. NON-DISCRIMINATION AGAINST PERSONS WITH DISABILITIES a. If Tenant provides any aid, service or benefit to others on the City's behalf, Tenant shall, in the provision of such aid, service or benefit, observe and comply with all applicable provisions of Title II of the Americans with Disabilities Act of 1990 and any amendments thereto. Tenant shall further observe and comply with all applicable federal, state, municipal and local laws, ordinances, codes and regulations prohibiting discrimination against individuals with disabilities or ensuring that individuals with disabilities are not excluded from participating in or receiving benefits, services or activities of the City. b. If Tenant is or becomes a "public accommodation" as defined in Title III of the Americans with Disabilities Act of 1990, Tenant shall observe and comply with all applicable provisions of the Act and any amendments thereto, and all applicable federal, state, municipal and local laws, ordinances, codes and regulations prohibiting discrimination on the basis of disability in the full and equal enjoyment of goods, services, facilities, privileges, advantages, or accommodations offered by the Tenant. All Tenant's activities must be in accordance with these laws, ordinances, codes, and regulations, and Tenant shall be solely responsible for complying therewith.
16. REQUIRED ACCESSIBILITY DISCLOSURE
a. Landlord hereby advises Tenant that the Premises and Improvements have not undergone an inspection by a certified access specialist, and except to the extent expressly set forth in this Ground Lease, Landlord shall have no liability or responsibility to make any repairs or modifications to the Premises or the Project in order to comply with accessibility standards.
The following disclosure is hereby made pursuant to applicable California law:
b. “A Certified Access Specialist (CASp) can inspect the subject Premises and determine whether the subject Premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject Premises, the commercial property owner or Landlord may not prohibit the lessee or Tenant from obtaining a CASp inspection of the subject Premises for the occupancy or potential occupancy of the lessee or Tenant, if requested by the lessee or Tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the Premises.” [Cal. Civ.
Code Section 1938(e)]. Any CASp inspection shall be conducted in compliance with reasonable rules in effect at the Premises with regard to such inspections and shall be subject to Landlord’s prior written consent.
17. CITY NON-DISCRIMINATION ORDINANCE
Tenant agrees to comply with the provisions of Berkeley Municipal Code Chapter
13.26 as amended from time to time. In the performance of this lease, the Tenant agrees as follows:
a. The Tenant shall not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, national origin, age (over 40), sex, pregnancy, marital status, disability, sexual orientation or AIDS. b. The Tenant shall permit the Landlord access to records of employment advertisements, application forms, EEO-1 forms, affirmative action plans and any other documents which, in the opinion of the Landlord, are necessary to monitor compliance with this non-discrimination provision, and will, in addition, fill-out in a timely fashion, forms supplied by the Landlord to monitor these non-discrimination provisions.
18. NUCLEAR FREE BERKELEY
Tenant agrees to comply with Berkeley Municipal Code Chapter 12.90, the Nuclear Free Berkeley Act, as amended from time to time.
19. OPPRESSIVE STATES
a. In accordance with Resolution No. 59,853-N.S., Tenant certifies that it has no contractual relations with, and agrees during the term of this Lease to forego contractual relations to provide personal services to or to purchase, sell, lease or distribute commodities in the conduct of business with, the following entities:
(1) The governing regime in any Oppressive State.
(2) Any business or corporation organized under the authority of the governing regime of any Oppressive State.
(3) Any individual, firm, partnership, corporation, association, or any other commercial organization, and including parent-entities and wholly-owned subsidiaries (to the extent that their operations are related to the purpose of its contract with the City), for the express purpose of assisting in business operations or trading with any public or private entity located in any Oppressive State.
b. For purposes of this lease, the Tibet Autonomous Region and the provinces of Ado, Kham, and U-Tsang shall be deemed oppressive states. c. Tenant’s failure to comply with this section shall constitute a default of this lease and Landlord may terminate this lease pursuant to Section 29. In the event that the City
terminates this lease due to a default under this provision, City may deem Tenant a non- responsible bidder for five (5) years from the date this lease is terminated.
20. BERKELEY LIVING WAGE ORDINANCE
a. Tenant agrees to comply with Berkeley Municipal Code Chapter 13.27, the Berkeley Living Wage Ordinance. If Tenant employs six (6) or more part-time, full-time or stipend employees, and generates $350,000 or more in annual gross receipts, Tenant will be required to provide all eligible employees with City mandated minimum compensation during the term of this lease, as defined in B.M.C. Chapter 13.27, and well as comply with the terms enumerated herein.
b. Tenant shall be required to maintain all reasonable records and documents that would establish whether Tenant is subject to Berkeley's Living Wage Ordinance (LWO). If Tenant is subject to the LWO, as defined therein, Tenant shall be further required to maintain monthly records of those employees located on the leased Premises. These records shall include the total number of hours worked, the number of hours spent providing service on the leased property, the hourly rate paid, and the amount paid by Tenant for health benefits, if any, for each of its employees providing services under the lease. The records described in this Section shall be made available upon the City's request. The failure to produce these records upon demand shall be considered a default, subject to the provisions contained in sections 28 and 29 herein.
c. If Tenant is subject to the LWO, Tenant shall include the requirements of the ordinance, as defined in B.M.C. Chapter 13.27, in any and all subleases in which Tenant enters with regard to the subject Premises. Sub-Tenants shall be required to comply with this ordinance with regard to any employees who spend 25% or more of their compensated time on the leased property.
d. If Tenant fails to comply with the requirements of this the LWO and this lease, the City shall have the rights and remedies described in this Section, in addition to any rights and remedies provided by law or equity.
Tenant's failure to comply with this Section shall constitute default of the lease, upon which City may terminate this lease pursuant to Section 29.
In addition, at City's sole discretion, Tenant may be responsible for liquidated damages in the amount of $50 per employee per day for each and every instance of an underpayment to an employee. It is mutually understood and agreed that Tenant's failure to pay any of its eligible employees at least the applicable living wage rate will result in damages being sustained by the City; that the nature and amount of the damages will be extremely difficult and impractical to fix; that the liquidated damages set forth herein is the nearest and most exact measure of damage
for such breach that can be fixed at this time; and that the liquidated damage amount is not intended as a penalty of forfeiture for Tenant's breach.
21. BERKELEY EQUAL BENEFITS ORDINANCE
a. Tenant hereby agrees to comply with the provisions of the Berkeley Equal Benefits Ordinance, B.M.C. Chapter 13.29. If Tenant is currently subject to the Berkeley Equal Benefits Ordinance, Tenant will be required to provide all eligible employees with City mandated equal benefits during the term of this lease, as defined in B.M.C. Chapter 13.29, as well as comply with the terms enumerated herein.
b. If Tenant is currently or becomes subject to the Berkeley Equal Benefits Ordinance, Tenant agrees to supply the City with any records the City deems necessary to determine compliance with this provision. Failure to do so shall be a considered a default, subject to the provisions of Sections 28 and 29 of this lease. c. If Tenant fails to comply with the requirements of this Section, City shall have the rights and remedies described in this Section, in addition to any rights and remedies provided by law or equity.
Tenant’s failure to comply with this Section shall constitute default of the lease, upon which City may terminate this lease pursuant to Section 29.
In addition, at City’s sole discretion, Tenant may be responsible for liquidated damages in the amount of $50.00 per employee per day for each and every instance of violation of this Section. It is mutually understood and agreed that Tenant’s failure to provide its employees with equal benefits will result in damages being sustained by City; that the nature and amount of these damages will be extremely difficult and impractical to fix; that the liquidated damages set forth herein is the nearest and most exact measure of damages for such breach that can be fixed at this time; and that the liquidated damage amount is not intended as a penalty or forfeiture for Tenant’s breach.
22. SANCTUARY CITY CONTRACTING ORDINANCE
Tenant hereby agrees to comply with the provisions of the Sanctuary City Contracting Ordinance, B.M.C. Chapter 13.105. In accordance with this Chapter, Tenant agrees not to provide the U.S.
Immigration and Customs Enforcement Division of the United States Department of Homeland Security with any Data Broker or Extreme Vetting Services as defined herein:
a. “Data Broker” means either of the following: (1) The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies; (2) the aggregation of data that was collected for another purpose from that for which it is ultimately used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services. Extreme Vetting does not include: (1) The City’s computer-network health and performance tools; (2) Cybersecurity capabilities, technologies and systems used by the City of Berkeley Department of Information Technology to predict, monitor for, prevent, and protect technology infrastructure and systems owned and operated by the City of Berkeley from potential cybersecurity events and cyber-forensic based investigations and prosecutions of illegal computer-based activity.
23. CONFLICT OF INTEREST PROHIBITED
a. In accordance with California Government Code Section 1090, Berkeley City Charter Section 36 and B.M.C. Chapter 3.64, neither Tenant nor any employee, officer, director, partner or member of Tenant, or immediate family member of any of the preceding, shall have served as an elected officer, an employee, or a committee or commission member of Landlord, who has directly or indirectly influenced the making of this Lease. b. In accordance with California Government Code Section 1090 and the Political Reform Act, (Government Code Section 87100 et seq.,) no person who is a director, officer, partner, trustee, employee or consultant of Tenant, or immediate family member of any of the preceding, shall make or participate in a decision made by Landlord or any of its boards, commissions or committees, if it is reasonable foreseeable that the decision will have a material effect on any source of income, investment or interest in real property of that person or Tenant, except to the extent permitted by 2 California Code of Regulations, Section 18700(c)(2). c. Interpretation of this paragraph shall be governed by the definitions and provisions use in the Political Reform Act, Government Code section 87100 et seq., its implementing regulations, manuals and codes, Government Code section 1090, Berkeley City Charter section 36 and B.M.C. Chapter 3.64, as amended from time to time.
24. PESTICIDES
All use of pesticides on the Premises shall be in compliance with the City of Berkeley's Pesticide Use Policy as it exists at the time of such use.
25. SIGNS
Tenant shall not install or letter any signs on the Premises without the prior written consent of Landlord. All signs on the Premises shall conform to the provisions of Berkeley Municipal Code Chapter 20.04.
26. DAMAGE OR DESTRUCTION
If the Premises are totally or partially destroyed from any cause, rendering the
Premises totally or partially inaccessible or unusable, Landlord may elect to terminate this lease or continue this lease in effect by giving notice to Tenant within thirty (30) days of the date of destruction. If Landlord elects to continue this lease in full force and effect, then Landlord shall restore the Premises and the rent shall be abated, from the date of destruction until the date restoration is completed, in an amount proportionate to the extent to which the destruction interferes with Tenant's use of the Premises. If Landlord fails to give notice of its decision to terminate or continue this lease within the period stated, Tenant may elect to terminate this lease.
Tenant waives the provisions of Civil Code sections 1932(2) and 1933(4) with respect to any destruction of the Premises.
27. EMINENT DOMAIN
If the whole or any portion of the Premises is taken by any paramount public authority under the power of eminent domain, then the rights and obligations of the parties shall be determined as follows: If the Premises are totally taken by condemnation, this lease shall terminate on the date of taking. If any portion of the Premises is taken by condemnation, Tenant shall have the right to either terminate this lease or to continue in possession of the remainder of the Premises under the terms of this lease. Such right to terminate must be exercised by notifying Landlord within thirty (30) days after possession of the part taken by eminent domain.
If Tenant does not terminate this lease within the thirty (30) day period, this lease shall remain in full force and effect except that the fixed rent shall be reduced in the same proportion that the square footage of the Premises taken bears to the square footage of the Premises immediately before the taking. All damages awarded for such taking shall belong to and be the property of Landlord; provided, however, that Landlord shall not be entitled to any portion of the award made for loss of business and of business installations or improvements made by Tenant in accordance with this lease.
28. DEFAULT BY TENANT
a. The occurrence of any of the following shall constitute a default by Tenant:
1. Failure to pay rent when due, if the failure continues for 10 days after notice has been given to Tenant.
2. Abandonment and vacation of the Premises (failure to occupy and operate the Premises for 14 consecutive days shall be deemed an abandonment and vacation).
3. Failure to perform any other provision of this lease if the failure to perform is not cured within 30 days after notice has been given to Tenant. If the default cannot reasonably be cured within 30 days, Tenant shall not be in default of this lease if Tenant commences to cure the default within the 30-day period and diligently and in good faith continues to cure the default.
b. Notices given under this paragraph shall specify the alleged default and the applicable lease provisions, and shall demand that Tenant perform the provisions of this lease or pay the rent that is in arrears, as the case may be, within the applicable period of time, or quit the Premises. No such notice shall be deemed a forfeiture or a termination of this lease unless Landlord so elects in the notice. The purpose of the notice requirements set forth in this section is to extend the notice requirements of the unlawful detainer statutes of California.
29. LANDLORD'S REMEDIES
Landlord shall have the following remedies if Tenant commits a default. These remedies are not exclusive; they are cumulative in addition to any remedies now or later allowed by law.
a. Tenant’s Right to Possession Not Terminated. Landlord can continue this lease in full force and effect, and the lease will continue in effect as long as Landlord does not terminate Tenant's right to possession, and Landlord shall have the right to collect rent when due.
During the period Tenant is in default, Landlord can enter the Premises and relet them, or any part of them, to third parties for Tenant's account. Tenant shall be liable immediately to Landlord for all costs Landlord incurs in reletting the Premises. Reletting can be for a period shorter or longer than the remaining term of this lease. Tenant shall pay to Landlord the rent due under this lease on the dates the rent is due, less the rent Landlord receives from any reletting.
No act by Landlord allowed by this paragraph shall terminate this lease unless Landlord notifies Tenant that Landlord elects to terminate this lease. After Tenant's default and for as long as Landlord does not terminate Tenant's right to possession of the Premises, Tenant shall have the right to assign or sublet its interest in this lease if Tenant obtains Landlord's consent, but Tenant shall not be released from liability.
If Landlord elects to relet the Premises as provided in this paragraph, rent that Landlord receives from reletting shall be applied to the payment of: first, any indebtedness from Tenant to Landlord other than rent due from Tenant; second, all costs, including for maintenance, incurred by Landlord in reletting; third, rent due and unpaid under this lease. After deducting the payments referred to in this paragraph, any sum remaining from the rent Landlord receives from reletting shall be held by Landlord and applied in payment of future rent as rent becomes due under this lease. In no event shall Tenant be entitled to any excess rent received by Landlord. If, on the date rent is due under this lease, the rent received from the reletting is less than the rent due on that date, Tenant shall pay to Landlord, in addition to the remaining rent due, all costs, including for maintenance, Landlord incurred in reletting that remain after applying the rent received from the reletting as provided in this paragraph. b. Termination of Tenant's Right to Possession. Landlord can terminate Tenant's right to possession of the Premises at any time. No act by Landlord other than giving notice to Tenant shall terminate this lease. Acts of maintenance, efforts to relet the Premises, or the appointment of a receiver on Landlord's initiative to protect Landlord's interest under this lease
shall not constitute a termination of Tenant's right to possession. On termination, Landlord has the right to recover from Tenant:
i. The worth, at the time of award, of the unpaid rent that had been earned at the time of termination of this lease;
ii. The worth, at the time of award, of the amount by which the unpaid rent that would have been earned after the date of termination of this lease until the time of award exceeds the amount of the loss of rent that Tenant proves could have been reasonably avoided;
iii. The worth, at the time of award, of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of the loss of rent that Tenant proves could have been reasonably avoided; and
iv. Any other amount, and court costs, necessary to compensate Landlord for all detriment proximately caused by Tenant's default. "The worth, at the time of award," as used in i and ii of this section, is to be computed by allowing interest at the maximum rate an individual is permitted by law to charge. "The worth, at the time of award," as referred to in iii of this section, is to be computed by discounting the amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus 1%.
c. Appointment of Receiver. If Tenant is in default of this lease Landlord shall have the right to have a receiver appointed to collect rent and conduct Tenant's business. Neither the filing of a petition for the appointment of a receiver nor the appointment itself shall constitute an election by Landlord to terminate this lease.
d. Landlord’s Right to Cure. Landlord, at any time after Tenant commits a default, can cure the default at Tenant's cost. If Landlord at any time, by reason of Tenant's default, pays any sum or does any act that requires the payment of any sum, the sum paid by Landlord shall be due immediately from Tenant to Landlord at the time the sum is paid, and if paid at a later date shall bear interest at the maximum rate an individual is permitted by law to charge from the date the sum is paid by Landlord until Landlord is reimbursed by Tenant. The sum, together with interest on it, shall be additional rent.
30. ASSIGNMENT AND SUBLETTING
Tenant shall not voluntarily assign or encumber its interest in this lease or in the Premises, or sublease all or any part of the Premises, or allow any other person or entity (except Tenant's authorized representative) to occupy or use all or any part of the Premises, without first obtaining Landlord's consent. Any assignments, encumbrance, or sublease without Landlord's
consent shall be voidable and, at Landlord's election, shall constitute a default. No consent to any assignment, encumbrance, or sublease shall constitute a further waiver of the provisions of this paragraph.
31. ENTRY
Landlord and its authorized representatives shall have the right to enter the Premises at all reasonable times for any of the following purposes: to determine whether the Premises are in good condition and whether Tenant is complying with its obligations under the lease; to do any acts that may be necessary to protect Landlord's interest in the Premises; or to perform Landlord's duties under this lease. Landlord shall not be liable in any manner for any inconvenience, disturbance, loss of business, nuisance, or other damage arising out of Landlord's entry on the Premises as provided in this section, except damage resulting from the acts or omissions of Landlord or its authorized representatives.
32. NOTICES
A written notice is deemed served when a party sends the notice in an envelope addressed to the other party to this lease and deposits it with the U.S. Postal Service, registered mail, postage prepaid. For purposes of this lease, notices shall be addressed as follows, as appropriate:
To the Landlord: City of Berkeley (PW Real Property)
2180 Milvia Street
Berkeley, CA 94704
AND
Real Property
Department of Public Works
1947 Center Street, Fifth Floor, Suite 521
Berkeley, CA 94704
Additionally, please email a PDF of the document to
[email protected]
To the Tenant: The Framer’s Workshop, LLC
2439 Channing Way
Berkeley, CA 94704
33. WAIVER
No delay or omission in the exercise of any right or remedy of Landlord on any default by Tenant shall impair such a right or remedy or be construed as a waiver. The receipt and acceptance by Landlord of delinquent rent shall not constitute a waiver of any other default; it shall constitute only a waiver of timely payment for the particular rent payment involved. Any waiver by Landlord of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of the lease.
No act or conduct of Landlord, including, without limitation, the acceptance of the keys to the Premises, shall constitute an acceptance of the surrender of the Premises by Tenant before the expiration of the term. Only a notice from Landlord to Tenant shall constitute acceptance of the surrender of the Premises and accomplish a termination of the lease.
Landlord's consent to or approval of any act by Tenant requiring Landlord's consent or approval shall not be deemed to waive or render unnecessary Landlord's consent to or approval of any subsequent act by Tenant.
34. EXCUSABLE DELAYS
If the performance of any act required of Landlord or Tenant is prevented or delayed by reason of strikes, lockouts, labor disputes, act of God, acts of the public enemy, fire, floods, epidemics, freight embargoes or other cause beyond the control of the party required to perform an act, the performance of such act shall be excused for the period of the delay and the period for the performance of such act shall be extended for thirty (30) days.
35. OPTION TO RENEW
a. Option Period. So long as Tenant is not in default under this lease, either at the time of exercise or at the time the extended term commences, Tenant will have the option to extend the initial term of this lease for two (2) additional period of five (5) years (the "option period") on the same terms, covenants, and conditions of this lease, except that the rent will increase 3% at the start of each option period. In order to exercise this option, Tenant must give written notice of its election to do so to Landlord at least 180 days, but not more than one year, prior to the expiration date of the initial lease term. Tenant shall have no other right to extend the term beyond the option period.
b. Option Period Monthly Rent. Due to the longevity of tenancy and Tenants status as an excellent tenant, Landlord has predetermined and calculated the rental rates for each of the two (2), five-year option periods. Rent increases based on the 3% adjustment beginning with each of the option periods have been calculated and are further described in Exhibit C, attached to and made a part of this Lease.
36. HOLDING OVER
If Tenant remains in possession of the Premises with Landlord's consent after the expiration of the term of this lease without having exercised any option to renew this lease, or after the termination of any such option period, such possession by Tenant shall be construed to be a tenancy from month-to-month, terminable on thirty (30) days' notice given at any time by either party. All provisions of this lease, except those pertaining to term, shall apply to the month-to-month tenancy.
37. SURRENDER OF PREMISES, REMOVAL OF PERSONAL PROPERTY At the termination of this lease, Tenant shall: 1) give up and surrender the Premises, in as good state and condition as reasonable use and wear and tear thereof will permit, damage by fire and the elements excepted; and 2) remove all property which is not a fixture of or permanent attachment to the Premises and which is owned and was installed by Tenant during the term of this lease.
38. TERMS BINDING ON SUCCESSORS
All the terms, covenants and conditions of this lease shall inure to the benefit of and be binding upon the successors and assigns of the parties to this lease. The provisions of this section shall not be deemed as a waiver of any of the conditions against assignment set forth above.
39. TIME OF ESSENCE
Time shall be of the essence of each provision of this lease.
40. COVENANTS AND CONDITIONS
Each term and each provision of this lease performable by Tenant shall be construed to be both a covenant and condition.
41. GOVERNING LAW
The laws of the State of California shall govern this lease.
42. ENTIRE AGREEMENT, AMENDMENTS
This lease and all exhibits attached and any documents expressly incorporated by reference contain the entire agreement between the parties regarding the lease of the Premises described herein and shall supersede any and all prior agreements, oral or written, between the
parties regarding the lease of these Premises. This lease cannot be altered or otherwise modified except by a written amendment.
43. CONSENT OF PARTIES
Whenever consent or approval of either party is required, that party shall not unreasonably withhold such consent or approval.
44. BUSINESS LICENSE
Tenant certifies that it has obtained or applied for a City of Berkeley business license number as required by Berkeley Municipal Code Chapter 9.04; or Tenant claims that it is exempt from the provisions of B.M.C. Ch. 9.04 and has written below the specific B.M.C. section under which it is exempt.
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IN WITNESS WHEREOF, Landlord and Tenant have executed this lease as of the date written on the first paragraph of this lease.
LANDLORD
CITY OF BERKELEY
By:
City Manager
Registered on behalf
of the City Auditor by:
Finance Department
THIS CONTRACT HAS BEEN
APPROVED AS TO FORM BY
THE CITY ATTORNEY FOR
THE CITY OF BERKELEY
09/2022
Attest by:
City Clerk
TENANT
By:
Printed Name: Chelsea Whitney
Title: Co-owner and Manager
Berkeley Business
License No.:
By:
Printed Name: Kirstie Bennett
Title: Co-owner
Berkeley Business
License No.:
Exhibit A
PREMISES
Physical (Legal) Address: 2431 Channing Way, Berkeley, CA 94704 Garage (and Commonly Used) Address: 2450 Durant Avenue, Berkeley, CA 94704 The Framer’s Workshop
2435-2439 Channing Way
Business/Mailing Address
2439 Channing Way
Exhibit B
AGREEMENT SPECIFYING TERM OF LEASE
Attached to and made part of the Lease dated the ___ day of __________, 20____, by and between the CITY OF BERKELEY, a municipal corporation, as Landlord, and THE FRAMER’S WORKSHOP LLC, A LIMITED LIABILITY CORPORATION as Tenant ("Tenant").
Landlord and Tenant do hereby confirm and acknowledge the following dates:
a. Lease Commencement Date is FEBRUARY 1, 2025 (DATE MUST BE AT LEAST 30 DAYS
AFTER APPROVAL OF ORDINANCE)
b. Rent Commencement Date is FEBRUARY 1, 2025.
c. Expiration Date of the initial term of the Lease is JANUARY 31, 2035 subject to extension as provided in the Lease.
This Agreement shall be binding on the parties hereto, their successor and assigns and all subtenants of Tenant and any other party claiming under or through Tenant. The Lease is in full force and effect as of the date hereof in accordance with its terms, and Tenant is in possession of the Premises. Landlord has fulfilled all of its obligations under the Lease that were required to be fulfilled by Landlord on or prior to the Rent Commencement Date and Tenant has no claim or right of set-off against any Rent (as defined in the Lease) under the Lease.
This Agreement was entered into as of the 21ST day of OCTOBER, 2024.
ATTEST/WITNESS: LANDLORD:
CITY OF BERKELEY, a municipal corporation
By: _____________________________________
Its: City Manager
By: ______________________________________________
Its: City Attorney
By: ______________________________________________
Its: City Auditor
ATTEST/WITNESS: TENANT:
THE FRAMER’S WORKSHOP, LLC
a limited liability corporation
By: _____________________________________
CHELSEA WHITNEY
By: _____________________________________
KIRSTIE BENNETT
Exhibit C
PAYMENTS
Exhibit D
RULES, RESTRICTIONS AND PROHIBITED USES
Tenant shall not use or permit the use of the Premises for any other business or purpose, except as set forth in this Lease and in strict accordance with the Rules and Regulations. No part of the Premises shall be used in a way that endangers the health or safety of any user of the Premises.
THESE PROHIBITIONS AND RESTRICTIONS SHALL NOT BE DEEMED TO APPLY TO LANDLORD, BUT ONLY TO TENANT UNDER THIS LEASE. Landlord shall have the right, in Landlord's sole and absolute discretion, to waive all or any of the prohibitions set forth herein upon such matters, terms and conditions as Landlord, in its sole discretion, may determine.
RULES AND REGULATIONS FOR TELEGRAPH-CHANNING MALL
All Tenants of Telegraph-Channing Mall (“TCM”) shall comply with the following Rules and Regulations. Landlord shall not be responsible to Tenant for the failure of any other tenant or occupant of the building to comply with any of these Rules and Regulations:
1. Smoking is prohibited at TCM and Garage in accordance with Berkeley Municipal Code (“BMC”) 12.70.030, Locations Where Smoking Is Prohibited. Tenant, Tenant’s employees/volunteers, invitees, clients, guests, and other occupants shall abide by this Code. “No Smoking” signs are posted by Landlord. Tenant shall abide by and support the enforcement of this regulation prohibiting smoking in all public places, including but not limited to restaurants, public restrooms, business establishments, and parking garages.
2. No pets are allowed on the premises, Building, or Property unless such animal is designated as a “service animal” and licensed with the City of Berkeley. Every dog over the age of six months must be licensed and must wear the license (BMC 10.04.030). Special tags for service animals may be obtained from Alameda County Animal Control at (925) 803-7046.
3. Tenant restrooms are exclusively for the use of Tenants, their employees/volunteers, and customers. Public restrooms, located directly across from the elevators, are available for use by all other visitors, parking garage customers, and the general public.
4. No sign, placard, picture, name, advertisement, or notice visible from the exterior of the premises will be inscribed, painted, affixed, or otherwise displayed by Tenant on any part of the mall or parking structure without the prior written consent of Landlord. The Landlord will adopt and furnish to the tenant general guidelines relating to signs inside TCM. The tenant agrees to comply with those guidelines. All approved signs or lettering on doors will be printed, painted, affixed, or inscribed at the expense of the tenant by a person approved in writing by the Landlord. Material visible outside TCM will not be permitted.
5. The Directory of TCM (if any) will be provided for the display of the name and location of Tenants, and Landlord reserves the right to exclude any other names from the directory. Any additional name that the tenant desires to place upon the directory must be first approved by Landlord, and, if so approved, a charge will be made for the additional name or name change.
6. Tenant shall display the days and hours of operation for their business. The days and hours of operation posted must match those shown in their Lease and/or approved by the Landlord. Tenant shall notify the Landlord in writing stating the reason (vacation, holiday or other observances, etc.,) and the start and end date of any and all closures or deviations from the posted hours of operation exceeding two (2) calendar days.
7. Tenant shall assume all responsibility for protecting the premises from theft, robbery, pilferage, vandalism, damage, or waste, including keeping doors locked and keep other means of entry to the premises closed, and turning off all water faucets, water apparatus, and utilities when needed or necessary. Tenant shall be responsible for any waste in or damage to the premises or any injuries sustained by other Tenants or occupants of TCM or Landlord for Tenant's negligent or willful acts or omissions in protecting the premises as set forth herein.
8. Landlord may waive any one or more of these Rules and Regulations for the benefit of any particular Tenant or Tenants, but no waiver by Landlord shall be construed as a waiver of those Rules and Regulations in favor of any other Tenant or Tenants, nor prevent Landlord from enforcing any of those Rules and Regulations against any or all of the Tenants of TCM. Any waiver of these Rules and Regulations by the Landlord shall be done in writing.
9. Landlord reserves the right at any time to change or rescind any one or more of these Rules and Regulations or to make any additional reasonable Rules and Regulations that, in Landlord's judgment, may be necessary for:
A. The management, safety, care, and cleanliness of the Premises, Building, and Real Property; B.
The preservation of good order; and
C. The convenience of other occupants and Tenants in the Premises, Building, and Real Property.
10. No store merchandise and/or displays shall be placed in TCM’s main corridor/paseo, arcade, or light well, nor block the path of travel within any part of TCM at any time. No events, classes, conferences, demonstrations, celebrations, or other gatherings shall occur in TCM’s corridor, porticos, trash room, or light well.
Office of the City Manager
CONSENT CALENDAR
December 3, 2024
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Terrence Davis, Director, Public Works
Subject: Lease Amendment: We Wield The Hammer at 2440 Durant Avenue in the Telegraph-Channing Mall and Garage
RECOMMENDATION
Adopt first reading of an Ordinance authorizing the City Manager to execute a Lease Amendment with We Wield The Hammer, a 501c3 organization, to use and occupy 2440 Durant Avenue for a five (5) year lease term with option to extend for one additional five (5) year term. This Lease Amendment modifies the Lease Commencement Date, Rent Commencement Date and increases months of rent abatement from six (6) to nine (9) months.
FISCAL IMPACTS OF RECOMMENDATION
The original lease of 2440 Durant Avenue to We Wield The Hammer was approved by Ordinance 7,897 on February 13, 2024. That lease anticipated total revenue of $62,615 for the initial five (5) year term for the 620 square foot retail space and use of building common areas. The initial monthly price per square foot is $1.75 with an annual adjustment of 3% beginning the second year of the lease. This Lease Amendment, if approved, will reduce total anticipated revenue to $58,275 a difference of $4,340.
CURRENT SITUATION AND ITS EFFECTS
Concurrent with the City Council Hearing dates for the original lease, Telegraph- Channing Mall and Garage, the City owned property where 2440 Durant is located, began experiencing plumbing and sewage issues. Over the next several months these issues escalated from impacting one tenant to, directly and indirectly (sewage odors), impacting all tenants. We Wield The Hammer’s space was impacted by the issue from January to September of 2024. The City cut cement and removed soil from trenches cut diagonally across the entire store, outside the shop’s entrance, and along the building’s main hallway and elevator lobby. The volume of debris, open trenches, and concentration of odors inside the shop made it impossible for the tenant to complete improvements; additionally, there was not enough room to store fixtures and materials in the space.
Ultimately a new sewer lateral had to be installed, trench filled and repaved. That work was completed by the City in September 2024, less than a month before WWTH’s approved Rent Commencement Date. That date was set predicated on the previous six
(6) months being a rent abatement period to allow the tenant time to complete improvements to their space. The City negotiated the following compromise with the tenant:
Lease Commencement Date changes from April 1, 2024 to September 1, 2024; Rent Abatement Period changes from six months to nine (9) months; Rent Commencement Date changes from October 1, 2024 to July 1, 2025; and Expiration Date of the initial term of the lease changes from March 31, 2029 to August 31, 2029.
These changes both benefit the tenant and the City. Karen Smith, representative of We Wield The Hammer agreed to these amendments. Except for the amendments agreed to herein, the Lease effective as of March 14, 2024 remains in full force and effect.
BACKGROUND
Finding tenants for the Telegraph-Channing Mall is challenging due to the building’s age, limited street frontage and lack of direct access to pedestrians. By amending this lease, the City is able to retain a tenant that is less dependent on UC Berkeley’s student population and able to draw customers from the larger region year around. Staff anticipates other student-dependent businesses in the Mall will benefit from ongoing tenancy at this location.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects, climate impacts, or sustainability opportunities associated with the subject of this report.
RATIONALE FOR RECOMMENDATION
We Wield The Hammer is a women and minority-owned, unique, and financially qualified business and ideal tenant for the Telegraph-Channing Mall and Garage. These lease adjustments represent a compromise acceptable to both tenant and landlord.
ALTERNATIVE ACTIONS CONSIDERED
None.
CONTACT PERSON
Dionne Early, Community Development Project Coordinator – Real Property, (510) 981- 6453
Attachments:
1: Ordinance
Exhibit A: Lease Amendment
Exhibit B: Original Lease Agreement with Amendments
ORDINANCE NO. -N.S.
LEASE AMENDMENT: WE WIELD THE HAMMER AT 2440 DURANT AVENUE IN
THE TELEGRAPH-CHANNING MALL AND GARAGE
BE IT ORDAINED by the Council of the City of Berkeley as follows:
Section 1. FINDINGS:
The City owns the Telegraph-Channing Mall and Garage, and We Wield The Hammer, a 501c3 nonprofit organization, seeks to lease 2440 Durant Avenue at the premises for purpose of operating a retail business offering specialized classes and related materials to the public. This Lease Amendment only modifies Exhibit B to Lease, Agreement Specifying Term of Lease as follows:
a. Lease Commencement Date changes from April 1, 2024 to September 1, 2024; b. Rent Abatement Period changes from six months to nine (9) months; c. Rent Commencement Date changes from October 1, 2024 to July 1, 2025; and d. Expiration Date of the initial term of the lease changes from March 31, 2029 to August 31, 2029.
Section 2. AUTHORIZATION FOR CITY MANAGER TO ENTER INTO LEASE AMENDMENT AT 2440 DURANT AVENUE, BERKELEY, CA.
The City Manager is hereby authorized to enter into a five-year amended lease agreement with the option for a five-year extension with We Wield The Hammer for real property located at 2440 Durant Avenue, a ground floor retail space in the City of Berkeley Telegraph-Channing Mall and Garage. Such lease shall be on substantially the terms set forth in Exhibit A.
Section 3. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.
Exhibits
A: Lease Amendment Agreement
B: Original Lease with Amendments
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LEASE AMENDMENT FOR TELEGRAPH-CHANNING MALL
This lease amendment (“Amendment”) is made on __________ between the CITY OF BERKELEY ("Landlord"), a Charter City organized and existing under the laws of the State of California and We Wield The Hammer ("Tenant"), a 501c3 nonprofit organization, who agree as follows:
This lease is made with reference to the following facts and objectives:
A. Landlord is the owner of the real property at 2431 Channing Way, Berkeley, California, ("premises") commonly referred to as Telegraph-Channing Mall and Garage as further described in Exhibit A, attached to and made a part of this lease.
B. Tenant entered into a lease (“Lease ”) with Landlord on February 13, 2024.
Tenant is occupying and conducting business at 2440 Durant Avenue located on the ground floor of the premises and identified in Exhibit A, attached to and made part of this lease.
C. Landlord has negotiated with Tenant to modify Exhibit B to the lease, AGREEMENT SPECIFYING TERM OF LEASE as follows:
a. Lease Commencement Date changes from April 1, 2024 to September 1, 2024; b. Rent Abatement Period changes from six months to nine (9) months resulting in a Rent Commencement Date changing from October 1, 2024 to July 1, 2025; and c. Expiration Date of the initial term of the lease changes from March 31, 2029 to August 31, 2029.
1. Exhibit B. AGREEMENT SPECIFYING TERM OF LEASE, is deleted in its entirety and replaced by Exhibit B. AGREEMENT SPECIFYING TERM OF LEASE (REVISED), attached to and made part of this lease.
D. Landlord and Tenant agree that the impact of changes made to Exhibit B to the lease will reduce the anticipated revenue/rent from $62,615 to $58,275 a difference of $4,340 for the initial five (5) year term.
1. Exhibit C. PAYMENTS, is deleted in its entirety and replaced by Exhibit C.
PAYMENTS (REVISED), attached to and made part of this lease.
7/15
Effect: Except for the amendment agreed to herein, the Lease effective as of March 14, 2024 remains in full force and effect.
IN WITNESS WHEREOF, Landlord and Tenant have executed this lease amendment as of the date written on the first paragraph of this lease.
LANDLORD
CITY OF BERKELEY
By: _____________________
City Manager
THIS LEASE HAS BEEN REGISTERED BY:
APPROVED AS TO FORM
BY THE CITY ATTORNEY
OF THE CITY OF BERKELEY ______________________________
6/2004 City Auditor
ATTEST:
_______________________________
Deputy City Clerk
TENANT:
WE WIELD THE HAMMER
A 501c3 NONPROFIT ORGANIZATION
Signature:______________________________
By: __KAREN SMITH_______________________________
City of Berkeley Business License No.
7/15
Exhibit B
AGREEMENT SPECIFYING TERM OF LEASE (REVISED)
Attached to and made part of the Lease dated the 13th day of February, 2024, by and between the CITY OF BERKELEY, a municipal corporation, as Landlord, and WE WIELD THE HAMMER, A 501c3 NONPROFIT ORGANIZATION as Tenant ("Tenant").
Landlord and Tenant do hereby confirm and acknowledge the following dates:
a. Lease Commencement Date is September 1, 2024 [DATE MUST BE AT LEAST 30 DAYS AFTER APPROVAL OF ORDINANCE – Lease effective date March 14, 2024] b. Rent Commencement Date is July 1, 2025.
c. Expiration Date of the initial term of the Lease is August 31, 2029 subject to extension as provided in the Lease.
This Agreement shall be binding on the parties hereto, their successor and assigns and all subtenants of Tenant and any other party claiming under or through Tenant. The Lease is in full force and effect as of the date hereof in accordance with its terms, and Tenant is in possession of the Premises. Landlord has fulfilled all of its obligations under the Lease that were required to be fulfilled by Landlord on or prior to the Rent Commencement Date and Tenant has no claim or right of set-off against any Rent (as defined in the Lease) under the Lease.
This Agreement was entered into as of the 17th day of October, 2024.
ATTEST/WITNESS: LANDLORD:
CITY OF BERKELEY, a municipal corporation
By:
Its: City Manager
By:
Its: City Attorney
By:
Its: City Auditor
ATTEST/WITNESS: TENANT:
WE WIELD THE HAMMER
a 501c3 NON-PROFIT ORGANIZATION
By:
KAREN SMITH
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Exhibit C
PAYMENT (REVISED)
RENT PAYMENT SCHEDULE: We Weld the Hammer 2440 Durant@TCM YEAR 1 2 3 4 5
SEPTEMBER 1 - $ 1,117.55$ 1,151.08$ 1,185.61$ 1,221.18$ OCTOBER 2 - $ 1,117.55$ 1,151.08$ 1,185.61$ 1,221.18$ NOVEMBER 3 - $ 1,117.55$ 1,151.08$ 1,185.61$ 1,221.18$ DECEMBER 4 - $ 1,117.55$ 1,151.08$ 1,185.61$ 1,221.18$ JANUARY 5 - $ 1,117.55$ 1,151.08$ 1,185.61$ 1,221.18$ FEBRUARY 6 - $ 1,117.55$ 1,151.08$ 1,185.61$ 1,221.18$ MARCH 7 - $ 1,117.55$ 1,151.08$ 1,185.61$ 1,221.18$ APRIL 8 - $ 1,117.55$ 1,151.08$ 1,185.61$ 1,221.18$ MAY 9 - $ 1,117.55$ 1,151.08$ 1,185.61$ 1,221.18$ JUNE 10 - $ 1,117.55$ 1,151.08$ 1,185.61$ 1,221.18$ JULY 11 1,085.00$ 1,117.55$ 1,151.08$ 1,185.61$ 1,221.18$ AUGUST 12 1,085.00$ 1,117.55$ 1,151.08$ 1,185.61$ 1,221.18$ ANNUAL TOTAL: 2,170.00$ 13,410.60$ 13,812.92$ 14,227.31$ 14,654.12$ 9 MONTH RENT ABATEMENT: 9,765.00$
INITIAL TERM TOTAL: 58,274.95$
PREMISES AREA (SQFT):
MONTHLY RATE PER SQFT:
INITIAL MONTHLY RENT:
ANNUAL INCREASE:
LEASE START DATE:
INITIAL TERM:
INITIAL TERM TERMINATION DATE:
NOTIFY LANDLORD FOR OPTION BY:
OPTION START DATE:
OPTION TERM:
OPTION TERMINATION DATE:
August 31, 2029
March 1, 2029
September 1, 2028
60 MONTHS
August 31, 2033
620
1.75$
1,085.00$
3.00%
September 1, 2024
60 MONTHS
Internal
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
December 3, 2024
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Terrence Davis, Director, Public Works
Subject: Lease Amendment: Dorothy Day House dba Dorothy’s Closet at 2425a Channing Way in the Telegraph-Channing Mall and Garage
RECOMMENDATION
Adopt first reading of an Ordinance authorizing the City Manager to execute a Lease Amendment with Dorothy Day House, a 501c3 organization, d.b.a Dorothy’s Closet to use and occupy 2425a Channing Way for a five (5) year lease term with option to extend for one additional five (5) year term. This Lease Amendment proposes a rental rate reduction from $2.26 per square foot per month with an annual 3% increase to $1.95 per square foot with no annual increase.
FISCAL IMPACTS OF RECOMMENDATION
The original lease of 2425a Channing Way was approved by Ordinance 7,900 on March 26, 2024. That lease anticipated total revenue of $139,860 for the initial five (5) year term for the 1,400 square foot retail space and use of building common areas. The initial monthly price per square foot is $2.26 with an annual adjustment of 3% beginning the third year of the lease. This Lease Amendment, if approved, will reduce total anticipated revenue to $114,660 for the initial term, a difference of $25,260.
CURRENT SITUATION AND ITS EFFECTS
Dorothy Day House (DDH) saw the opportunity to turn their clothing distribution program into a for-profit business that continues providing clothing at no cost while offering clothing for sale to those able to pay. DDH also utilizes the store as an opportunity to offer paid, on the job training opportunities to their clients. The original lease start date was May 1, 2023. Due to the extended length of time needed to start their new business with both a clothing distribution and job training program, DDH first verbally requested then wrote a letter to Council dated September 18, 2024, requesting Dorothy’s Closet be considered for a rent reduction. The request was brought to a Closed Session of City Council meeting to discuss reducing the price on September 30, 2024. This lease amendment proposal represents direction given by Council based on input from the Public Works Department and the City Manager’s Office. The proposal presented in the
Internal
Lease Amendment: Dorothy Day House dba Dorothy’s Closet at 2425a Channing Way in the Telegraph-Channing Mall and Garage CONSENT CALENDAR December 3, 2024
lease amendment benefits the City by keeping a tenant in a retail space previously vacant since 2019, and the tenant by reducing rent. Except for the amendments agreed to herein, the Lease effective as of March 26, 2024 remains in full force and effect.
BACKGROUND
The fair market rate for 2425a, 2435, and 2439 Channing Way were calculated concurrently and found to be $2.26 per square foot per month. Business closures and vacancy rates in the Telegraph Business Improvement District, Downtown, and other neighborhood business districts continue to increase. Many remaining businesses are still struggling to recover from the financial impacts of COVID.
Finding tenants for the Telegraph-Channing Mall has historically been challenging due to the building’s age, limited street frontage and lack of direct access to pedestrians. By amending this lease, the City is able to retain a tenant that diverts clothing from the waste stream, provides free clothing to those in need, jobs and job training, including DDH’s primary client base.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
here are no identifiable environmental effects, climate impacts, or sustainability opportunities associated with the subject of this report.
RATIONALE FOR RECOMMENDATION
Dorothy Day House d.b.a Dorothy’s Closet is a unique, and financially qualified business and ideal tenant for the Telegraph-Channing Mall and Garage. These small adjustments, if approved, represent a compromise acceptable to both tenant and landlord.
ALTERNATIVE ACTIONS CONSIDERED
None.
CONTACT PERSON
Dionne Early, Community Development Project Coordinator, Real Property, (510) 981- 6453
Attachments:
1: Ordinance
Exhibit A: Lease Amendment
Internal
ORDINANCE NO. -N.S.
LEASE AMENDMENT: DOROTHY DAY HOUSE DBA DOROTHY’S CLOSET AT 2425A CHANNING WAY IN THE TELEGRAPH-CHANNING MALL AND GARAGE BE IT ORDAINED by the Council of the City of Berkeley as follows:
Section 1. Findings:
The City owns the Telegraph-Channing Mall and Garage, and Dorothy Day House, a 501c3 nonprofit organization, d.b.a Dorothy’s Closet seeks to lease 2425a Channing Way at the premises for the purpose of operating a retail business offering used clothing and gear for sale. This Lease Amendment only modifies Exhibit C to Lease, Payment as follows:
a. Monthly rate per square foot is reduced from $2.26 to $1.95; and b. Annual increase is reduced from 3% to 0% for the initial term of the lease.
Section 2. AUTHORIZATION FOR CITY MANAGER TO ENTER INTO LEASE AMENDMENT AT 2425A CHANNING WAY, BERKELEY, CA.
The City Manager is hereby authorized to enter into a five-year amended lease agreement with the option for a five-year extension with Dorothy Day House d.b.a Dorothy’s Closet, a ground floor retail space in the City of Berkeley Telegraph-Channing Mall and Garage. Such lease shall be on substantially the terms set forth in Exhibit A.
Section 3. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.
Exhibits
A: Lease Amendment Agreement
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LEASE AMENDMENT FOR TELEGRAPH-CHANNING MALL
This lease amendment (“Amendment”) is made on __________ between the CITY OF BERKELEY ("Landlord"), a Charter City organized and existing under the laws of the State of California and Dorothy Day House d.b.a Dorothy’s Closet ("Tenant"), a 501c3 nonprofit organization, who agree as follows:
This lease is made with reference to the following facts and objectives:
A. Landlord is the owner of the real property at 2425a Channing Way, Berkeley, California, ("premises") commonly referred to as Telegraph-Channing Mall and Garage as further described in Exhibit A, attached to and made a part of this lease.
B. Tenant entered into a lease (“Lease ”) with Landlord on July 29, 2024 with a retroactive start date of May 1, 2023. Tenant is occupying and conducting business at 2425a Channing Way located on the ground floor of the premises and identified in Exhibit A, attached to and made part of this lease.
C. Landlord has negotiated with Tenant to reduce the starting per square foot rental rate from $2.26 per square foot to $1.95 per square foot for the 1,400 square foot space and eliminate the annual 3% increase for the duration of the initial term of the lease. This effectively sets monthly rent at $2,730 per month for the initial five-year term of the lease.
D. Landlord and Tenant agree that the impact of changes made to Exhibit C to the lease will reduce the anticipated revenue/rent from $139,860 to $114,660 a difference of $25,260 for the initial five (5) year term.
1. Exhibit C. PAYMENTS, is deleted in its entirety and replaced by Exhibit C.
PAYMENTS (REVISED), attached to and made part of this lease.
Effect: Except for the amendment agreed to herein, the Lease effective as of July 29, 2024 remains in full force and effect.
7/15
IN WITNESS WHEREOF, Landlord and Tenant have executed this lease amendment as of the date written on the first paragraph of this lease.
LANDLORD
CITY OF BERKELEY
By: _____________________
City Manager
THIS LEASE HAS BEEN REGISTERED BY:
APPROVED AS TO FORM
BY THE CITY ATTORNEY
OF THE CITY OF BERKELEY ______________________________
6/2004 City Auditor
ATTEST:
_______________________________
Deputy City Clerk
TENANT:
DOROTHY DAY HOUSE D.B.A DOROTHY’S CLOSET
A 501c3 NONPROFIT ORGANIZATION
Signature:____________________________________________________ By: Robbi Montoya, Executive Director
City of Berkeley Business License No. BL-000275
7/15
Exhibit C
PAYMENT (REVISED)
Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager
CONSENT CALENDAR
December 3, 2024
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Terrance Davis, Director, Public Works
Subject: Contract No. 32500091 Amendment: Ardurra Group, Inc. for on-site Traffic Engineering support services
RECOMMENDATION
Adopt a Resolution satisfying requirements of the City of Berkeley allowing the City to participate in competitively bid contracts, authorizing the City Manager to execute a contract No. 32500091 amendment with Ardurra Group, Inc. for on-site traffic engineering services to augment staffing in the Transportation Division’s Traffic Engineering and Transportation Planning units in an amount not to exceed $500,000 through June 30, 2026.
FISCAL IMPACTS OF RECOMMENDATION
On September 17, 2024, City of Berkeley executed contract 32500091 with Ardurra Group, Inc. for $50,000 for on-site traffic engineering support. Additional funding in the amount of $32,600 is available for FY2025/2026 in the baseline Public Works budget, and an additional $417,400 may be available and appropriated as needed in future fiscal year budgets. Public Works will work within the contract bid procedures to add temporary staffing capacity from the Ardurra Group, Inc. not to exceed $500,000.
CURRENT SITUATION AND ITS EFFECTS
Public Works’ Transportation Division needs temporary support while continuing to fill numerous vacancies. The division’s vacancy rate is 27-percent, and key unfilled positions include Supervising Traffic Engineer, two Associate Transportation Engineers, Assistant Transportation Engineer, Senior Planner and two Associate Planners. These positions are critical to delivering Council approved priority projects. These roles fulfill vital tasks like traffic engineering design review, development review, capital project review, traffic signal timing analysis and design, traffic calming program administration, Vision Zero program management and transit planning. Ardurra Group can provide the required staffing augmentation while vacancies are being filled.
Contracting with Ardurra Group supports the City’s Strategic Plan to advance our goals to provide state-of-the-art, well-maintained infrastructure, amenities, and facilities and to
Contract No. 32500091 Amendment: CONSENT CALENDAR
Ardurra Group, Inc. for on-site Traffic Engineering support service December 3, 2024
be a customer-focused organization that provides excellent, timely, easily-accessible service and information to the community.
BACKGROUND
The Transportation Division of Public Works is responsible for implementing and operating the surface transportation network for the City. This includes infrastructure to make it safe for people walk, bike, drive and take public transit. We hire experts in transportation engineering to design, review and oversee the implementation of projects. This staff also attends field visits and assists with project management activities.
On September 17, 2024, City of Berkeley executed contract 32500091 with Ardurra Group, Inc. for $50,000 for on-site traffic engineering support. This amendment ensures that ongoing work to deliver essential services is possible.
RATIONALE FOR RECOMMENDATION
The City is actively recruiting promising candidates for these vacancies. However, given the growing backlog of traffic engineering and transportation projects, the department requires assistance in the interim to meet workload demands. Hiring support from Ardurra while recruiting permanent positions for the numerous vacancies will reduce backlogged requests and improve customer service.
ALTERNATIVE ACTIONS CONSIDERED
No alternatives have been considered. If Public Works does not contract with Ardurra, the department will face a continued backlog of projects that require review, in addition to unresolved public requests that will likely increase over time. This could lead to delays in critical infrastructure improvements, unmet community expectations and potential negative impacts on public safety and service delivery. Engaging Ardurra will provide essential capacity to address the growing workload and help meet project timelines, reducing the risk of further delays and public dissatisfaction.
CONTACT PERSON
Wahid Amiri, Deputy Director, (510) 981-6396
Attachments:
1: Resolution
RESOLUTION NO. ##,###-N.S.
CONTRACT NO. 32500091 AMENDMENT: ARDURRA GROUP, INC. FOR ON-SITE
TRAFFIC ENGINEERING SUPPORT SERVICES
WHEREAS, The Transportation Division of Public Works is responsible for implementing and operating the surface transportation network for the City of Berkeley. This includes infrastructure to make it safe for people walk, bike, drive and take public transit; and WHEREAS, The division needs immediate assistance while filling vacancies, including Supervising Traffic Engineer, two Associate Transportation Engineers, Assistant Transportation Engineer, Senior Planner and Associate Planner; and WHEREAS, These positions are responsible for tasks like traffic engineering design review, development review, capital project review, traffic signal timing analysis and design, traffic calming program administration, Vision Zero program management and transit planning; and
WHEREAS, On September 17, 2024, City of Berkeley executed contract 32500091 with Ardurra Group, Inc. for $50,000 for on-site traffic engineering support to address the above mentioned vacancies; and
WHEREAS, additional services are now needed, requiring Council approval of an amended contract with an amount not to exceed $500,000; and WHEREAS, on September 11, 2023, the Lee County (Florida) Board of County Commissioners entered into a contract for Miscellaneous Utility Engineering services, contract CN230221CMR, with Ardurra Group, Inc. Article 27.00 of the agreement states that, under this contract, Ardurra, agrees to extend the same terms, covenants and conditions available to Lee County under this Agreement to other public agencies that have authority to purchase from another public agency’s competitively solicited contract; and
WHEREAS, the Lee County contract bid procedures satisfy the procurement requirements of the City of Berkeley; and
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a no bid contract with Ardurra Group Inc. to provide on-site traffic engineering and planning services for a total not-to-exceed amount of $500,000 until June 30, 2026.
Parks, Recreation and Waterfront Commission
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-6700 ● TDD: (510) 981-6903 ● Fax: (510) 981-6710 E-Mail: [email protected] Website: berkeleyca.gov
CONSENT CALENDAR
December 3, 2024
To: Honorable Mayor and Members of the City Council
From: Parks, Recreation and Waterfront Commission
Submitted by: Claudia Kawczynska, Chairperson
Subject: Officially Name the Harrison Skate Park in honor of Terrance McCrary
RECOMMENDATION
Adopt a Resolution to officially name the Harrison Skate Park in honor of Terrance McCrary.
FINANCIAL IMPLICATIONS
Officially naming the Harrison Skate Park in honor of Terrance McCrary will require new signage with an estimated cost of less than $5,000.
CURRENT SITUATION AND ITS EFFECTS
In the Council agenda for October 15, 2024, Councilmember Kesarwani made a referral to the Parks, Recreation and Waterfront Commission to officially name the Harrison Street Skate Park in honor of Terrance McCrary, Jr., former skateboard counselor-in- training with our Recreation Division’s Skate Camp and Berkeley resident killed by gun violence.
At a regular meeting on October 16, 2024, the Parks, Recreation and Waterfront Commission M/S/C (Diehm/Cox/U) to approve Councilmember Kesarwani’s Referral to name the Harrison Skate Park in honor of Terrance McCrary. Ayes: Abshez, Cox, Diehm, Hurtado, Kawczynska, Lee. Noes: None. Abstain: None. Absent: Ranuzzi.
BACKGROUND
Built in the early 2000s, Harrison Skate Park, located at 711 Harrison Street, is an 18,000 square foot park designed for skateboarders of all levels. It contains a large oval bowl, a fun box, and dedicated areas for beginners. The City of Berkeley’s Recreation Division hosts summer camps and events for youth at all skill levels. Operating hours are 8 a.m. to 9:30 p.m.
Terrance McCrary Jr., also known as T-Mack, was born on September 15, 1993. By all accounts he was a vibrant, big hearted person who had a passion for skateboarding and art. He graduated from Berkeley public schools, attended Berkeley City College and worked at the 510 Skateboarding skate shop on Telegraph Avenue as a way to fuel his
Officially Name the Harrison Skate Park in honor of Terrance McCrary CONSENT CALENDAR December 3, 2024
interests. Terrance also worked at the Harrison Skate Park as a counselor-in-training with the city’s recreation division and was a mentor to younger kids who shared his love for skating. On August 14, 2016 at the age of 22, Terrance was killed while attending a party in Uptown Oakland. Two other attendees got into a fight; one of them pulled a gun on the other shooting him dead and taking Terrance’s life as well. Terrance continues to live in the hearts of those whose lives he touched and have a presence within the skateboarding community.
Every year the McCrary family, in conjunction with the City of Berkeley’s Recreation Division, hosts an annual T-Mack Skate Jam with free food, music and prizes in honor of Terrance, celebrating his life, memory, and passion for skateboarding. It is a moment to celebrate life and bring the skateboarding community together while also recognizing the pain and devastation of gun violence.
While currently there is a sign at the Harrison Skate Park honoring Terrance’s life and contributions to the skateboarding community at the park, it is officially known as the Harrison Skate Park. Officially naming the skate park after Terrance would be a way to further honor his life and tie the annual T-Mack Skate Jam celebrations permanently to this park.
CITY MANAGER
The City Manager concurs with the recommendation contained in this report.
ENVIRONMENTAL SUSTAINABILITY
There are no negative environmental impacts were identified as a result of this recommendation.
RATIONAL FOR RECOMMENDATION
See body of report.
ALTERNATIVE ACTIONS CONSIDERED
None.
CONTACT PERSON
Claudia Kawczynska, Chairperson, Parks, Recreation and Waterfront Commission Roger Miller, Secretary, Parks, Recreation and Waterfront Commission, 510-981-6704
RESOLUTION NO. -N.S.
OFFICIALLY NAME THE SKATE PARK IN HONOR OF TERRANCE MCCRARY WHEREAS, Terrance McCrary Jr., also known as T-Mack, was born on September 15, 1993. By all accounts he was a vibrant, big hearted person who had a passion for skateboarding and art. He graduated from Berkeley public schools, attended Berkeley City College and worked at the 510 Skateboarding skate shop on Telegraph Avenue as a way to fuel his interests. Terrance also worked at the Harrison Skate Park as a counselor-in-training with the city’s recreation division and was a mentor to younger kids who shared his love for skating; and
WHEREAS, on August 14, 2016 at the age of 22, Terrance was killed while attending a party in Uptown Oakland. Two other attendees got into a fight; one of them pulled a gun on the other shooting him dead and taking Terrance’s life as well. Terrance continues to live in the hearts of those whose lives he touched and have a presence within the skateboarding community; and
WHEREAS, every year the McCrary family, in conjunction with the City of Berkeley’s Recreation Division, hosts an annual T-Mack Skate Jam with free food, music and prizes in honor of Terrance, celebrating his life, memory, and passion for skateboarding.
It is a moment to celebrate life and bring the skateboarding community together while also recognizing the pain and devastation of gun violence; and WHEREAS, officially naming the skate park after Terrance would be a way to further honor his life and tie the annual T-Mack Skate Jam celebrations permanently to this park; and
WHEREAS, in the Council agenda for October 15, 2024, Councilmember Kesarwani made a referral to the Parks, Recreation and Waterfront Commission to officially name the Harrison Street Skate Park in honor of Terrance McCrary, Jr., former skateboard counselor-in-training with our Recreation Division’s Skate Camp and Berkeley resident killed by gun violence; and
WHEREAS, at a regular meeting on October 16, 2024, the Parks, Recreation and Waterfront Commission M/S/C unanimously to approve Councilmember Kesarwani’s Referral to name the Harrison Skate Park in honor of Terrance McCrary. Ayes: Abshez; Diehm; Hurtado; Ranuzzi; Noes: none; Absent: Cox.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Harrison Skate Park is officially named in honor of Terrance McCrary.
CONSENT CALENDAR
December 3, 2024
To: Honorable Mayor and Members of the City Council
From: Councilmember Taplin (Author), Councilmember Bartlett (Cosponsor), Councilmember Kesarwani (Cosponsor)
Subject: Berkeley Green New Deal: Environmental Justice and Workforce Development
RECOMMENDATION
Refer consideration of the following concepts to the Land Use, Housing, and Economic Development (LUHED) Policy Committee; City Manager; Planning Commission; and Environment and Climate Commission for inclusion in General Plan amendments pursuant to California Government Code Section 65302(h) to advance the city's environmental justice goals under a Just Transition Framework:
Just Transition principles adopted by City Council in Resolution No. 70,171–N.S. “Resolution Committing the City of Berkeley to a Just Transition from Fossil Fuels and the Creation of a West Berkeley and South Berkeley Green New Deal”; Transportation Demand Management (TDM) planning to reduce Vehicle Miles Traveled (VMT) per capita by at least 25% by 2030;
The development of a workforce development board to increase equitable access to green jobs and accelerate the fossil-free economy.
POLICY COMMITTEE RECOMMENDATION
On October 22, 2024, the Land Use, Housing, and Economic Development Committee adopted the following action: M/S/C (Wengraf/Lunaparra) to forward the item to Council with a Qualified Positive Recommendation to refer this item to the budget process and to the Environment and Climate Commission for further consideration.
FINANCIAL IMPLICATIONS
Staff time TBD, est. $125,000 for 1 FTE Senior Planner. Planning staff estimates that capacity for additional Specific Area Plan work to be available in Fiscal Year 2025 at the earliest. Currently, San Pablo Avenue Specific Area Plan work is supported by grant funding from the Metropolitan Transportation Commission’s Priority Development Area (PDA) program. Other grant funding opportunities, such as the Priority Conservation Area (PCA) and Priority Production Area (PPA) programs, or the California Strategic
Just Transition Framework for West Berkeley Plan CONSENT CALENDAR Growth Council’s Transformative Climate Communities program, may also be available in future grant cycles.
CURRENT SITUATION AND ITS EFFECTS
Since the passage of SB 1000 (2016), California Government Code Section 65302(h) requires an Environmental Justice Element and/or related Elements in municipal General Plans to:
(A) Identify objectives and policies to reduce the unique or compounded health risks in disadvantaged communities by means that include, but are not limited to, the reduction of pollution exposure, including the improvement of air quality, and the promotion of public facilities, food access, safe and sanitary homes, and physical activity. (B) Identify objectives and policies to promote civic engagement in the public decisionmaking process.
(C) Identify objectives and policies that prioritize improvements and programs that address the needs of disadvantaged communities. (See Attachment 6) The City of Berkeley has incorporated Environmental Justice policies in its plans, most recently in its 2023 Housing Element Update. However, many area plans such as the most recent update to the West Berkeley Plan, adopted in 2011, predate SB1000 requirements.
This contributes to a growing need to update area planning with recent accomplishments including: a renewed Development Agreement with Bayer (formerly Miles Corp) in 2021, which funded a West Berkeley Fund for community infrastructure and resilience; removal of minimum parking requirement;, expansion of Research and Development (R&D) uses to Manufacturing zones, including development of a Manufacturing - Research & Development (M-RD) zone; development of a San Pablo Avenue Specific Area Plan. While no single policy change will be a silver bullet, these and future efforts must inevitably also mitigate the impacts of anthropogenic climate change such as rising groundwater; and the overall increasing risk of flooding, fires, and other natural disasters due to anthropogenic climate change.
The increasing local demand for services and environmental mitigations, in tandem with historic investments in green energy and advanced manufacturing through the Inflation Reduction Act and the CHIPS and Science Act, present a major opportunity for the local community to reap the rewards of these challenges through workforce development.
These targeted investments are intended to reduce consumer price inflation and eliminate lifecycle carbon emissions by rebuilding the material inputs of goods and services in the economy from lower-cost and renewable energy sources. However, advanced manufacturing sectors are also facing acute workforce shortages in strategically significant goods such as semiconductors and lithium-ion batteries, with significant federal initiatives underway to address them.
Just Transition Framework for West Berkeley Plan CONSENT CALENDAR In partnership with the UC Berkeley College of Environmental Design, UC Chancellor’s Office, and McGee Avenue Baptist Church, the District 2 Council Office supported field research and stakeholder outreach in the local community to determine top priorities for a Just Transition, and echoing President Biden’s position on tackling climate change (“jobs, jobs, jobs”), most responses focused on the need for gainful employment and income support. These are related but distinct goals: while cash transfer programs such as a basic income may be necessary to address short-term needs, education and career development also can provide a sense of community belonging and self- actualization independent of monetary compensation. Accordingly, workforce development has been central to the City Council’s reparative justice efforts, including support for Career Technical Education in the Bayer Development Agreement (see footnote 4) and a referral to study municipal support for reentry employment.
While the City of Oakland and the City of Richmond both have municipal Workforce Development Boards that allocate federal Workforce Innovation and Opportunity Act (WIOA) grants and offer America's Job Centers of California (AJCC) services, Berkeley residents can only rely on the Alameda County Workforce Development Board for these services. The above Workforce Development Boards, along with the Contra Costa County Workforce Development Board, have jointly adopted a 2021-2024 Regional Plan under East Bay Regional Planning Unit as EastbayWorks. Research in a forthcoming paper from Cuiffo & Sarkodie (2024) finds that this has resulted in a significant gap in workforce development outlays per capita.
Berkeley investing local funds into workforce development to bridge this gap would have significant reparative justice benefits, as the EastbayWorks 2021-2024 Regional Plan identifies low-income communities at risk of displacement concentrated in West Berkeley, and at least 25% of Alameda County’s largest employers located in the City of Berkeley.
Research for an Environmental Justice Element would thus naturally overlap with implementation of Just Transition principles vis a vis workforce development.
Establishing an Environmental Justice Element in the General Plan pursuant to California Government Code Section 65302(h) is a Strategic Plan Priority Project, advancing our goal to: be a global leader in addressing climate change, advancing environmental justice, and protecting the environment.
BACKGROUND
Just Transition Principles
On December 14, 2021, the Berkeley City Council adopted Resolution No. 70,171–N.S. “Resolution Committing the City of Berkeley to a Just Transition from Fossil Fuels and the Creation of a West Berkeley and South Berkeley Green New Deal” as revised (see Attachments 1 and 2). A Just Transition framework for West Berkeley Plan
Just Transition Framework for West Berkeley Plan CONSENT CALENDAR Amendments should be developed such that civil engagement and centering the needs of disadvantaged communities comprise an interrelated process.
The District 2 Council Office has convened several meetings of a West Berkeley Green New Deal Ad Hoc Working Group, whose work is still ongoing. The Ad Hoc Working Group expressed consensus that heavily impacted and disadvantaged communities that should be centered in a Just Transition include, at a minimum: seniors; unhoused residents; low-income households; disabled or mobility-impaired residents; Black, Indigenous, and People of Color (BIPOC); and LGBTQIA+ residents.
The transition away from fossil fuels must ensure that the most vulnerable in our society are protected from both the turbulence of restructuring our entire economy and the effects of global warming that the community is already facing. The core premise is:
“Transition is inevitable. Justice is not.” The environmental justice movement calls this approach to the climate crisis a “Just Transition.”
Transition is inevitable. In macroeconomic terms, any government actively working to change the composition of household consumer demand (e.g. rapid industrialization amid World Wars, a green transition, etc) will face significant distributional problems from shocks to energy and raw material costs, which manifest in price levels and/or rationing. We are already confronting such shocks locally and globally. As recent inflationary episodes and supply shocks following the COVID-19 pandemic and the 2022 Russian invasion of Ukraine have demonstrated, reliance on the fossil fuel economy increasingly undermines price stability. Just Transition principles are partially intended to proactively mitigate both the threat of wage deflation for households depending on labor income from fossil fuel industries, and the inflationary pressures of unprecedented supply shocks. In a complementary framework, the Green New Deal proposed by Democratic lawmakers, some aspects of which have been passed in the Inflation Reduction Act of 2022, was designed to increase domestic high-road employment and capacity in green energy industries to manage this transition equitably.
A Just Transition is possible. While fossil fuel supply chains must end, other resilient supply chains must replace our community’s changing needs. Renewable energy and electricity transmission will have to grow to meet increasing demands for vehicle and building electrification to replace petroleum and natural gas; batteries, solar panels, and wind farms must replace oil rigs and coal mines. Californians will have to shift at least 25% of their automobile trips to other modes of transportation while converting the rest to electric vehicles, aided by more energy-efficient housing, public transit, and e-bike access. All of this will be made possible in part by Berkeley’s growing innovation ecosystem of high-wage STEM employment in green energy technology and life sciences. To illustrate, over one third of employees in Alameda County’s growing life sciences sector had no college degree The federal government is also increasing public sector fiscal capacity for clean energy development through direct pay provisions for municipal and nonprofit entities in the Inflation Reduction Act of 2022.
Just Transition Framework for West Berkeley Plan CONSENT CALENDAR Just Transition policies are already being enacted globally. For example, in Poland, a 75% decline in coal mining jobs was coupled by a mining social package and special privileges for mining communities. Canada’s efforts to phase out coal-powered electricity have been accompanied by a national stakeholder task force that has traveled the country to hear from Canadians on how to justly shepherd the transition.
Egypt’s fuel price increases were paired with minimum wage boosts, food stipends, and progressive taxation.
The Climate Justice Alliance, a climate organization at the forefront of the fight for a Just Transition, lays out the following Just Transition principles:
A Just Transition moves us toward Buen Vivir
Buen Vivir means that we can live well without living better at the expense of others. Workers, community residents, women and Indigenous Peoples around the world have a fundamental human right to clean, healthy and adequate air, water, land, food, education and shelter. We must have just relationships with each other and with the natural world, of which we are a part. The rights of peoples, communities and nature must supersede the rights of the individual.
A Just Transition creates Meaningful Work
A Just Transition centers on the development of human potential, creating opportunities for people to learn, grow, and develop to their full capacities and interests. We are all born leaders, and a regenerative economy supports and nurtures that leadership. In the process, we are transforming ourselves, each other, our communities, and our society as a whole. Meaningful work is life- affirming.
A Just Transition upholds Self Determination
All peoples have the right to participate in decisions that impact their lives. This requires democratic governance in our communities, including our workplaces.
Communities must have the power to shape their economies, as producers, as consumers, and in our relationships with each other. Not only do we have the right to self determination, but self determination is one of our greatest tools to realize the world we need. The people who are most affected by the extractive economy — the frontline workers and the fenceline communities — have the resilience and expertise to be in the leadership of crafting solutions.
A Just Transition equitably redistributes Resources and Power We must work to build new systems that are good for all people, and not just a few. Just Transition must actively work against and transform current and historic social inequities based on race, class, gender, immigrant status and other forms of oppression. Just Transition fights to reclaim capital and resources for the regeneration of geographies and sectors of the economy where these inequities are most pervasive.
A Just Transition requires Regenerative Ecological Economics
Just Transition Framework for West Berkeley Plan CONSENT CALENDAR Just Transition must advance ecological resilience, reduce resource consumption, restore biodiversity and traditional ways of life, and undermine extractive economies, including capitalism, that erode the ecological basis of our collective well-being. This requires a re-localization and democratization of primary production and consumption by building up local food systems, local clean energy, and smallscale production that are sustainable economically and ecologically. This also means producing to live well without living better at the expense of others.
A Just Transition retains Culture and Tradition
Capitalism has forced many communities to sacrifice culture and tradition for economic survival. It has also defaced and destroyed land held as sacred. Just Transition must create inclusionary spaces for all traditions and cultures, recognizing them as integral to a healthy and vibrant economy. It should also make reparations for land that has been stolen and/or destroyed by capitalism, colonialism, patriarchy, genocide and slavery.
A Just Transition embodies Local, Regional, National and International Solidarity
A Just Transition must be liberatory and transformative. The impacts of the extractive economy knows no borders. We recognize the interconnectedness of our communities as well as our issues. Therefore, our solutions call for local, regional, national and global solidarity that confronts imperialism and militarism.
A Just Transition builds What We Need Now
We must build the world we need now. This may begin at a local small scale, and must expand to begin to displace extractive practices. We must build and flex the muscles needed to meet our communities’ needs.
With these frameworks, staff and commissioners can study robust and flexible development standards in the General Plan
Transportation Demand Management
The West Berkeley Plan as originally adopted in 1993 was prescient in calling for a “reduction of single occupant automobile trips.” The Plan envisioned several mitigations for increased traffic congestion, including implementation of Transportation Demand Management (TDM) plans “to encourage carpooling and vanpooling, walking and bicycle use, the use of transit, flexible scheduling of work hours, and other methods to reduce travel demand[.]”
However, the Transportation impact mitigations in the Plan are still codified under Level Of Service (LOS) standards, i.e. delay in vehicle throughput. As of 2020, state law requires transportation impacts to be assessed under a Vehicle Miles Traveled (VMT) standard for environmental review, measuring the total volume of traffic. Reducing VMT is of critical importance for Berkeley and the state of California’s climate goals, as the
Just Transition Framework for West Berkeley Plan CONSENT CALENDAR California Air Resources Board has illustrated in a 2018 report: “Even if the share of new car sales that are ZEVs [zero-emission vehicles] grows nearly 10-fold from today, California would still need to reduce VMT per capita 25 percent to achieve the necessary reductions for 2030.” Any amendments to the West Berkeley Plan’s Transportation mitigations would have to incorporate the goal of absolute VMT reduction to be consistent with state environmental standards.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
In 2006, Berkeley voters approved Measure G, committing to reduce the entire community’s greenhouse gas emissions by 80% below 2000 levels by 2050. The City Council approved Berkeley’s first Climate Action Plan in 2009.
The California Air Resources Board released an updated Scoping Plan in 2022.
Following this plan, the state of California’s goals by 2045 are:
Cut greenhouse gas emissions by 85% below 1990 levels 71% reduction in smog-forming air pollution
Reduce fossil fuel consumption (liquid petroleum) to less than one-tenth of what we use today – a 94% reduction in demand.
Create 4 million new jobs.
Save Californians $200 billion in health costs due to pollution in 2045.
All planning efforts must achieve and exceed these thresholds in order to advance Environmental Justice.
CONTACT
Councilmember Taplin, Council District 2, 510-981-7120
ATTACHMENTS
1: 2021-12-14 Annotated Agenda - Berkeley City Council Meeting 2: 2021-12-14 Item 35 Commit the City of Berkeley to a Just Transition (Supp. 2) 3: Fact Sheet: The Weight of Cities - United Nations International Resources Panel 4: Senate Bill 1000 (2016)
Tuesday, December 14, 2021 ANNOTATED AGENDA Page 1
AN N O T AT E D AG E N D A
BERKELEY CITY COUNCIL MEETING
Tuesday, December 14, 2021
6:00 PM
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 – RIGEL ROBINSON
DISTRICT 4 – KATE HARRISON DISTRICT 8 – LORI DROSTE
PUBLIC ADVISORY: THIS MEETING WILL BE CONDUCTED EXCLUSIVELY THROUGH
VIDEOCONFERENCE AND TELECONFERENCE
Pursuant to Government Code Section 54953(e) and the state declared emergency, this meeting of the City Council will be conducted exclusively through teleconference and Zoom videoconference. The COVID -19 state of emergency continues to directly impact the ability of the members to meet safely in person and presents imminent risks to the health of attendees. Therefore, no physical meeting location will be available.
Live audio is available on KPFB Radio 89.3. Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33) and via internet accessible video stream at http://www.cityofberkeley.info/CalendarEventWebcastMain.aspx.
To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this UR L https://us02web.zoom.us/j/83481524655. If you do not wish fo r your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen.
To join by phone: Dial 1-669-900-9128 or 1-877-853-5257 (Toll Free) and enter Meeting ID: 834 8152 4655. 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 teleconference will be recorded as any Council meeting is recorded, and all other rules of procedure and decorum will apply for Council meetings conducted by teleconference or videoconference.
To submit a written communication for the City Council’s consideration and inclusion in the public r ecord, 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. Questions regarding this matter may be addressed to Mark Numainville, City Clerk, (510) 981-6900. The City Council may take action related to any subject listed on the Agenda. Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.
Tuesday, December 14, 2021 ANNOTATED AGENDA Page 2
Preliminary Matters
Roll Call: 6:21 p.m.
Present: Kesarwani, Taplin, Harrison, Hahn, Wengraf, Robinson, Arreguin
Absent: Bartlett, Droste
Councilmember Droste present at 6:22 p.m.
Councilmember Bartlett present at 6:27 p.m.
Ceremonial Matters:
1. Adjourned in Memory of Bob Meola, Peace & Justice Commissioner City Manager Comments:
The City Manager shared a presentation on the efforts and data reports of the Homeless Response Team.
Public Comment on Non-Agenda Matters: 10 speakers.
Action: M/S/C (Arreguin/Wengraf) to accept supplemental material from Mayor Arreguin on Item 7.
Vote: All Ayes.
Action: M/S/C (Arreguin/Wengraf) to accept supplemental material from Mayor Arreguin on Item 48.
Vote: All Ayes.
Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 20 speakers.
Action: M/S/C (Arreguin/Robinson) to adopt the Consent Calendar in one motion except as indicated.
Vote: All Ayes.
Tuesday, December 14, 2021 ANNOTATED AGENDA Page 3
Consent Calendar
1. Bayer Healthcare LLC – Amended and Restated Development Agreement From: City Manager
Recommendation: Adopt the second reading of Ordinance No. 7,792-N.S. to certify the Final Subsequent Environmental Impact Report, adopt Findings and a Mitigation Monitoring and Reporting Program, and approve the Amended and Restated Development Agreement between the City of Berkeley and Bayer Healthcare LLC.
First Reading Vote: All Ayes
Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Adopted second reading of Ordinance No. 7,792–N.S.
2. Amendments to the Berkeley Election Reform Act
From: Fair Campaign Practices Commission
Recommendation: Adopt the second reading of Ordinance No. 7,793-N.S amending the Berkeley Election Reform Act (BMC Chapter 2.12) to (1) make public financing available to candidates for the offices of Auditor, School Board Director, and Rent Stabilization Board Commissioner, (2) further clarify the use of Fair Elections funds, (3) clarify the requirements for returning unspent Fair Elections funds, (4) add a new process for requesting return of previously repaid Fair Elections funds, and (5) require the FCPC to make a cost of living adjustment to the contribution limit to candidates in January of each odd-numbered year.
First Reading Vote: All Ayes
Financial Implications: None
Contact: Sam Harvey, Commission Secretary, (510) 981-6950 Action: Adopted second reading of Ordinance No. 7,793–N.S.
3. Commission Reorganization: Creating the Parks, Recreation, and Waterfront Commission
From: City Manager
Recommendation: Adopt the second reading Ordinance No. 7,794-N.S. repealing and re-enacting Berkeley Municipal Code Chapter 3.26 to create the Parks, Recreation, and Waterfront Commission, and repealing Berkeley Municipal Code Chapters 3.27 (Children, Youth, and Recreation Commission) and 3.08 (Berkeley Animal Care Commission).
First Reading Vote: Ayes – Kesarwani, Hahn, Wengraf, Robinson, Droste, Arreguin; Noes – None; Abstain – Taplin, Bartlett, Harrison
Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted second reading of Ordinance No. 7,794–N.S.
Consent Calendar
Tuesday, December 14, 2021 ANNOTATED AGENDA Page 4
4. Resolution Making Required Findings Pursuant to the Government Code and Directing City Legislative Bodies to Continue to Meet Via Videoconference and Teleconference
From: City Manager
Recommendation: Adopt a Resolution making the required findings pursuant to Government Code Section 54953(e)(3) and determining that as a result of the continued threat to public health and safety posed by the spread of COVID-19, City legislative bodies shall continue to meet via videoconference and teleconference, initially ratified by the City Council on September 28, 2021, and subsequently reviewed and ratified on October 26, 2021 and November 16, 2021.
Financial Implications: To be determined
Contact: Farimah Brown, City Attorney, (510) 981-6950
Action: Adopted Resolution No. 70,144–N.S.
5. Resolution Reviewing and Ratifying the Proclamation of Local Emergency Due to the Spread of a Severe Acute Respiratory Illness Caused by a Novel (New) Coronavirus (COVID-19)
From: City Manager
Recommendation: Adopt a Resolution reviewing the need for continuing the local emergency due to the spread of a severe acute respiratory illness caused by a novel (new) coronavirus (COVID-19) and ratifying the Proclamation of Local Emergency issued by the Director of Emergency Services on March 3, 2020, initially ratified by the City Council on March 10, 2020, and subsequently reviewed and ratified by the Council on April 21, 2020, June 16, 2020, July 28, 2020, September 22, 2020, November 17, 2020, December 15, 2020, February 9, 2021, March 30, 2021, May 25, 2021, July 20, 2021, September 14, 2021, and November 9, 2021.
Financial Implications: To be determined
Contact: Farimah Brown, City Attorney, City Attorney’s Office (510) 981-6998 Action: Adopted Resolution No. 70,145–N.S.
6. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the council meetings of November 2 (closed), November 4 (special), November 9 (closed and regular), November 16 (closed and regular), November 18 (closed) and November 30 (closed and regular).
Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Approved minutes as submitted.
Consent Calendar
Tuesday, December 14, 2021 ANNOTATED AGENDA Page 5
7. City of Berkeley’s 2022 State and Federal Legislative Platform From: City Manager
Recommendation: Adopt a Resolution approving the City of Berkeley’s 2022 State and Federal Legislative Platform.
Financial Implications: See report
Contact: Dee Williams-Ridley, City Manager, (510) 981-7000 Action: Adopted Resolution No. 70,146–N.S. as revised in Supplemental Material from Mayor Arreguin introduced at the meeting.
8. Extension of Interim Director of Police Accountability Appointment From: City Manager
Recommendation: Adopt a Resolution extending the appointment of Katherine J.
Lee as Interim Director of Police Accountability and approving an employment contract to be effective January 1, 2022 at an annual salary of $182,260.65.
Financial Implications: See report
Contact: Dee Williams-Ridley, City Manager, (510) 981-7000 Action: Adopted Resolution No. 70,147–N.S. and to authorize the City Manager to make clarifying corrections on the term of the agreement.
9. Protiviti Government Services: Using General Services Administration (GSA) Vehicle for Professional Services Purchase Orders
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to issue purchase orders with Protiviti Government Services for the purchase of professional services using the General Services Agency’s (GSA) purchasing vehicle no. GS- 35F-0280X for an amount not to exceed $70,000 through November 8, 2022.
Financial Implications: General Fund - $70,000
Contact: Matthai Chakko, City Manager's Office, (510) 981-7000 Action: Adopted Resolution No. 70,148–N.S.
10. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on December 14, 2021
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: General Fund - $960,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Approved recommendation.
Consent Calendar
Tuesday, December 14, 2021 ANNOTATED AGENDA Page 6
11. Contract: RLH & Associates for Providing Temporary Governmental Financial Consulting Services for the Finance Department
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract, with any amendments, with RLH Associates for providing temporary governmental financial consulting as required by the Finance Department for an initial term of two years. The total not to exceed contract amount is $150,000.
Financial Implications: General Fund - $150,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted Resolution No. 70,149–N.S.
12. Contract: Valdes and Moreno for Professional Services for the Microbond Financing Pilot Program
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract, with any amendments, with Valdes and Moreno for professional services needed to establish and administer full-services consulting and other services related to a Microbond Financing Program. The total not to exceed amount is $150,000.
Financial Implications: General Fund - $150,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted Resolution No. 70,150–N.S.
13. Contract: Gainey Scientific for Project Management & Consulting From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Ganey Scientific. (Contractor) to provide project management and consulting services for the Fire Department (Department) from September 13, 2021 to August 31, 2022 in an amount not to exceed $300,000 with an option to extend for an additional two years, for a total contract amount not to exceed $900,000.
Financial Implications: See report
Contact: Abe Roman, Fire, (510) 981-3473
Action: Adopted Resolution No. 70,151–N.S.
14. Revenue: FY2022 Federal COVID-19 Funding from HHS CARES Act Provider Relief Fund
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to accept payments from the Health and Human Services (HHS) CARES Act Provider Relief Fund and to execute any resultant revenue agreements and amendments to conduct and implement mitigation strategies in response to COVID- 19 in the estimated amount of $80,000 for FY 2022.
Financial Implications: See report
Contact: Abe Roman, Fire, (510) 981-3473
Action: Adopted Resolution No. 70,152–N.S.
Consent Calendar
Tuesday, December 14, 2021 ANNOTATED AGENDA Page 7
15. Revenue Contract: Funding from an Instructional Service Agreement with Los Positas College to support Fire Department Training
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to enter an Instructional Service Agreement (ISA) with Los Positas Community College (LPC) to provide contract instruction, assessment, and counseling services from July 20, 2021, to July 19, 2024 for an amount not to exceed $250,000 per fiscal year.
Financial Implications: See report
Contact: Abe Roman, Fire, (510) 981-3473
Action: Adopted Resolution No. 70,153–N.S.
16. Contract: Statewide Prevention and Early Iintervention Project Participation Agreement - California Mental Health Services Authority From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute a Participation Agreement and any amendments with the California Mental Health Services Authority (CalMHSA) to allocate Mental Health Services Act (MHSA) funds in the amount of $65,956 to participate in the Statewide Prevention and Early Intervention (PEI) Project, for a total amount not to exceed $65,956 through June 30, 2022.
Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,154–N.S. as revised by the city Manager in Supplemental Communications Packet #2.
17. Contract: 2022 Community Services Block Grant
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to accept the Community Services Block Grant (CSBG) Contract Number 22F-5001 for the amount of $274,202 to provide services for low-income people for the period January 1, 2022 to May 31, 2023.
Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,155–N.S.
Consent Calendar
Tuesday, December 14, 2021 ANNOTATED AGENDA Page 8
18. Resoultion Authorizing an Amendment to the Miscellaneous CalPers Contract Pursuant to California Government Code 20516
From: City Manager
Recommendation: Adopt a Resolution revising Resolution No 70,081 N.S to initiate a process to amend the contract between the Board of Administration, California Public Employees’ Retirement System and the City Council for the City of Berkeley pursuant to California Government Code 20516 to effectuate changes to the cost sharing agreement between the City and Unrepresented PEPRA members in the Unrepresented Employees Group.
Financial Implications: See report
Contact: Donald E. Ellison, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 70,156–N.S.
19. Contract 32100185 Amendment: Digital Hands for Endpoint Detection and Response (EDR) Monitoring
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend contract number 32100185 with Digital Hands, for Cybersecurity Event Monitoring and Security Information and Event Management (SIEM), increasing the previously authorized contract amount by $381,137, for a total not to exceed amount of $996,117 from December 15, 2021 to June 30, 2024.
Financial Implications: IT Cost Allocation Fund - $381,137 Contact: LaTanya Bellow, City Manager's Office, (510) 981-7000 Action: Adopted Resolution No. 70,157–N.S.
20. Contract: Alcor Solutions, Inc. for Managed Services and Upgrade Support of the SerivceNow Application
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Alcor Solutions, Inc. to provide managed support services and upgrade support for the ServiceNow application from July 1, 2022 to June 30, 2024 for an amount not-to-exceed $300,000.
Financial Implications: IT Cost Allocation Fund - $300,000 Contact: LaTanya Bellow, City Manager's Office, (510) 981-7000 Action: Adopted Resolution No. 70,158–N.S.
21. Contract No. 31900197 Amendment: Accela, Inc. for Software Maintenance From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 31900197 with Accela, Inc., for software maintenance, increasing the amount by $133,420 for a total not to exceed $2,192,611 from December 12, 2011 to June 30, 2023.
Financial Implications: Various Funds - $133,420
Contact: LaTanya Bellow, City Manager's Office, (510) 981-7000 Action: Adopted Resolution No. 70,159–N.S.
Consent Calendar
Tuesday, December 14, 2021 ANNOTATED AGENDA Page 9
22. Contract No. 114159-1 Amendment: Tyler Technologies, Inc. for Professional Services and 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 additional professional services and an extension of the Computer Aided Dispatch (CAD) software, increasing the amount not-to-exceed by $733,720 for a total contract value not-to- exceed $2,288,950, and extending the term of the contract through June 30, 2024.
Financial Implications: Various Funds - $733,720
Contact: LaTanya Bellow, City Manager's Office, (510) 981-7000 Action: Adopted Resolution No. 70,160–N.S.
23. Donation: New Fencing for a Dog Park at Aquatic Park From: City Manager
Recommendation: Adopt a Resolution accepting a cash donation in the amount of $26,566 to install fencing for a dog park at Aquatic Park.
Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 70,161–N.S.
24. Contract: Cumming Management Group, Inc. for Project Management Services for the African American Holistic Resource Center
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a not-to-exceed $900,000 contract with the Cumming Management Group, Inc. for project management services for the African American Holistic Resource Center (AAHRC) for a contract period of January 3, 2021 through June 30, 2025.
Financial Implications: Various Funds - $900,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 70,162–N.S. revised to correct all instances of “January 3, 2021” to “January 3, 2022” in the report and resolution.
25. Contract: Get IT Tech – New Electronic Gate System at the Waterfront From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute a contract with Get IT Tech to provide a new electronic gate system at the Waterfront in an amount not-to-exceed of $100,000, which includes a contract amount of $91,748.67 and a 9% contingency in the amount of $8,251.33, rescinding Resolution No. 69,929-N.S.
Financial Implications: Marina Fund - $100,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 70,163–N.S.
Consent Calendar
Tuesday, December 14, 2021 ANNOTATED AGENDA Page 10
26. Contract: Best Contracting Services, Inc. for Fire Station No.3 Re-Roofing Project at 2710 Russell Street. Specification No. 20-11408 From: City Manager
Recommendation: Adopt a Resolution:
1. Approving plans and specifications for the Fire Station No.3 Re-roofing Project, Specification No.20-11408;
2. Accepting the bid of Best Contracting Services, Inc. as the lowest responsive and responsible bidder; and
3. Authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications, for an amount not to exceed $326,733.
Financial Implications: Capital Improvement Fund - $326,733 Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,164–N.S.
27. Purchase Order: Arata Equipment Company for one 18-yard Rear Loader From: City Manager
Recommendation: Adopt a Resolution satisfying requirements of City Charter Article XI Section 67.2 allowing the city to participate in Sourcewell (formerly NJPA) bid procedures and authorize the City Manager to execute a purchase order for one 18-yard rear loader with Arata Equipment Company in an amount not to exceed $345,000.
Financial Implications: General Fund - $345,000
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,165–N.S.
28. Authorization for Additional Public Works Commission Meeting in 2021 From: Public Works Commission
Recommendation: Adopt a Resolution authorizing one additional meeting of the Public Works Commission in 2021.
Financial Implications: None
Contact: Joe Enke, Commission Secretary, (510) 981-6300 Action: Adopted Resolution No. 70,166–N.S.
Council Consent Items
Tuesday, December 14, 2021 ANNOTATED AGENDA Page 11
29. Allocating Remainder of Berkeley Relief Fund
From: Mayor Arreguin (Author), Councilmember Robinson (Co-Sponsor), and Councilmember Bartlett (Co-Sponsor)
Recommendation: Adopt a Resolution accepting a $28,142.38 payment from the East Bay Community Foundation of funds raised by the Berkeley Relief Fund and authorizing the City Manager to allocate these funds to the following:
$10,000 to the Starry Plough Pub and Music Venue
$18,142.38 to the Eviction Defense Center for the Housing Retention Program Financial Implications: Berkeley Relief Fund - $28,142.38 Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Adopted Resolution No. 70,167–N.S.
30. Eleventh Annual Martin Luther King Jr. Celebration: City Sponsorship and Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Fund
From: Mayor Arreguin (Author), Councilmember Taplin (Co-Sponsor), Councilmember Bartlett (Co-Sponsor), and Councilmember Hahn (Co-Sponsor) Recommendation: 1. Adopt a Resolution co-sponsoring the 11th Annual Martin Luther King Jr. Celebration Breakfast on January 17, 2022.
2. Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember including $500 from Mayor Arreguin, to the Berkeley Rotary Endowment, the fiscal sponsor of the 11th Annual Martin Luther King Jr. celebration, with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Mayor Arreguin and any other Councilmembers who would like to contribute.
Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: 1. Adopted Resolution No. 70,168–N.S. (MLK Jr. Breakfast) 2. Adopted Resolution No. 70,169–N.S. (Expenditure) amended to include contributions from the following Councilmembers up to the amounts listed: Councilmember Harrison - $250; Councilmember Wengraf - $250; Councilmember Hahn - $300; Councilmember Kesarwani - $100; Councilmember Robinson - $100.
31. Resolution in Support of Bay Adapt: Regional Strategy for a Rising Bay From: Mayor Arreguin (Author) and Councilmember Hahn (Co-Sponsor) Recommendation: Adopt a Resolution in support of Bay Adapt: Regional Strategy for a Rising Bay.
Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Councilmembers Harrison and Taplin added as co-sponsors. Adopted Resolution No. 70,170–N.S.
Council Consent Items
Tuesday, December 14, 2021 ANNOTATED AGENDA Page 12
32. Referral to the City Manager to Streamline Accessory Dwelling Unit (ADU) Permit Review and Approval (Reviewed by the Land Use, Housing and Economic Development Policy Committee)
From: Councilmember Rashi Kesarwani (Author) and Councilmembers Susan Wengraf, Lori Droste, and Ben Bartlett (Co-Sponsors) Recommendation: Refer to the City Manager to streamline the Accessory Dwelling Unit (ADU) permitting process in order to reduce staff time spent on review and enhance customer service. Further, assess effectiveness of process improvements specified below by reviewing over time: the number of ADUs permitted, average amount of staff time spent on ADU permit review, and permit fee levels.
Recommend that the City Manager develop for Planning staff use an ADU Universal Checklist and accompanying user-friendly webpage:
ADU Universal Checklist. A clear set of universal guidelines and construction requirements should be developed among staff from Planning (both Land Use and Building and Safety Divisions), Fire, and Public Works Departments that is easy to follow in order to eliminate (or significantly reduce) the need for multiple departments to review ADU permit applications and for multiple rounds of review by the same department. The Universal Checklist should be a single document utilized by (1) all City staff to review ADU permit applications and (2) by customers to understand code requirements and development standards. The Universal Checklist should enable all City staff and customers to have the same clear understanding of all of the requirements that, if adhered to, would expedite the permitting process and lead to lower permit fees over time. Progress To Date: Recently, the City of Berkeley’s Planning Department has added both a Single-Family ADU/JADU Checklist and a Multi-Family ADU Checklist which clearly delineate development standards as adopted by the State of California, effective January 1, 2020. An ADU Universal Checklist would take these checklists one step farther by including current amendments to Berkeley’s local ADU ordinance (once adopted) as well as the full list of fire and safety code requirements.
Accompanying User-Friendly Webpage. As a companion to the ADU Universal Checklist, the City should also create a user-friendly webpage for customers (and prospective customers) with up-to-date information that provides clarity and greater certainty about the process and expected timeline for the creation of an ADU or Junior ADU, which is within a main dwelling unit.
At a minimum, the webpage should include: A list of relevant fees and expected payment amounts for permits, inspections, and other requirements; Plan requirements, worksheets, and projected timelines for each step of the process; and Consolidated up-to-date state and local regulations that are easy to understand.
Progress To Date: The City now has a dedicated webpage that contains: A Graphic Summary; Table of our local ADU ordinance; An ADU flow-chart detailing allowable development standards; A Single-Family ADU/JADU Checklist; A Multi-Family ADU Checklist; Deed Restrictions Forms; A list of Impact Fees.
Additional information that could prove useful to prospective residents, builders and architects includes: Links to fire safety and emergency access requirements; A list of site conditions that do not warrant easy installation of an ADU; A list of Frequently Asked Questions; Additional frequently requested Planning and Development forms,
Council Consent Items
Tuesday, December 14, 2021 ANNOTATED AGENDA Page 13
such as our Tree Protection Instructions and Creek Protection Instructions forms, and our Public Works Engineering forms pertaining to Curbs, Gutters, Sidewalks and Driveway Approaches listed elsewhere on the City of Berkeley website; Information about financing options; and Links to additional resources, such as The Casita Coalition, an organization that disseminates information on policies and programs, best practices, and resources throughout the state.
Recommend that the City Manager consider adoption of the following two best practices: Pre-Approved ADU Design Plans. Consider development of (1) free ADU designs available to download--of varying sizes and styles--that already conform to all City and state requirements and safety codes; and/or (2) a list of vendors with architectural designs, construction drawings, or pre-fabricated units that have already been approved by the City.
ADU Ally. Consider creation of a single point of contact e-mail address dedicated to serving those interested in ADU construction, along the lines of an “ADU Ally.” The ADU Ally would be a customer-facing staff person(s) who is an expert on all current state and local ADU regulations and acts as an ally to customers through the planning and building process. Currently, our Planning Department does have a team of planners with an expertise in ADU laws and requirements, although the public lacks an easy and efficient way to access this team.
Policy Committee Recommendation: On November 4, 2021 the Land Use, Housing and Economic Development policy committee took the following action: M/S/C (Droste/Robinson) Qualified positive recommendation with direction for the item to be updated to include progress already made in this area as described by the Planning Director.
Financial Implications: See report
Contact: Rashi Kesarwani, Councilmember, District 1, (510) 981-7110 Action: Approved recommendation.
33. Budget Referral: Pedestrian Crossing Improvements at Ashby and Acton From: Councilmember Taplin (Author)
Recommendation: That the City Council refers to the FY2023 budget process the funding of Rectangular Rapid Flashing Beacons (RRFB) at Ashby Avenue and Acton Street.
Financial Implications: See report
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Approved recommendation.
Council Consent Items
Tuesday, December 14, 2021 ANNOTATED AGENDA Page 14
34. Budget Referral: Russell Street Bicycle and Pedestrian Improvements From: Councilmember Taplin (Author)
Recommendation: That the City Council refers to the FY2023 budget process the funding of the following bicycle and pedestrian improvements along Russell Street:
Traffic Circle at Russell & King Street
Cycle Track Crossing at Russell & San Pablo Avenue
Pedestrian Hybrid Beacons at Russell & Sacramento Street Financial Implications: See report
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Approved recommendation.
35. Commit the City of Berkeley to a Just Transition from the Fossil Fuel Economy (Reviewed by the Facilities, Infrastructure, Transportation, Environment & Sustainability Policy Committee)
From: Councilmember Taplin (Author), Councilmember Bartlett, Councilmember Hahn, and Mayor Arreguin (Co-Sponsors)
Recommendation: Adopt a resolution (1) committing the City of Berkeley to a Just Transition from the fossil fuel economy, that secures a livable future for all Berkeleyans, combats environmental racism, ensures access to good paying jobs, and cultivates economic and social prosperity for Berkeley in the 21st century and beyond and (2) requiring that all Council reports related to climate include a Just Transition section.
Policy Committee Recommendation: On June 2, 2021, the Facilities, Infrastructure, Transportation, Environment & Sustainability Policy Committee took the following action: M/S/C (Harrison/Robinson) to send the item to Council with a positive recommendation as submitted in the supplemental material and further revised to include a recommendation that all Council reports related to climate include a just transition section.
Financial Implications: None
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Adopted Resolution No. 70,171–N.S. as revised by Councilmember Taplin in Supplemental Communications Packet #2, and further revised at the meeting to be renamed West and South Berkeley Green New Deal.
36. Reaffirming the City Council’s Endorsement of a Carbon Fee and Dividend From: Councilmember Taplin (Author)
Recommendation: Readopt Resolution No. 67,595–N.S urging the United States Congress to enact a national revenue-neutral carbon tax and send a copy of the resolution to Representative Barbara Lee, Senator Dianne Feinstein and Senator Alex Padilla urging them to take action.
Financial Implications: None
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Adopted Resolution No. 70,172-N.S.
Council Consent Items
Tuesday, December 14, 2021 ANNOTATED AGENDA Page 15
37. Health Care Facility Oversight
From: Councilmember Bartlett (Author)
Recommendation: Refer to the City Manager and the Community Health Commission an assessment of the breadth of regulatory control the City of Berkeley can exert on skilled nursing facilities, and create a process of accountability if complaints are found to be substantiated that threaten, or could potentially escalate to the point of threatening, the wellbeing of patients and/or violate federal, state, or local law; the business license of the offending facility will be suspended until the skilled nursing facility submits a report demonstrating rectification of the situation.
Financial Implications: See report
Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130 Action: Councilmembers Harrison and Hahn added as co-sponsors. Approved recommendation.
38. Consideration of Expansion of Paid Parking to Support the Parking Meter Fund and Improved Pedestrian and Bicycle Facilities
From: Councilmember Hahn (Author), Councilmember Harrison (Co-Sponsor), Councilmember Taplin (Co-Sponsor), and Councilmember Robinson (Co- Sponsor)
Recommendation: 1. Refer to the City Manager and the Transportation Commission to consider the extension of paid metered parking to include all days of the week, paralleling the calendar for off-street parking garages.
2. Consider a pilot, phasing-in, and/or exempting certain areas, and conduct broad outreach to merchants, faith-based and other institutions and organizations, neighborhood groups, and others potentially supported or impacted by change.
3. Consider allocation of potential additional revenues to help offset losses to the Parking Meter Fund incurred during COVID. Once the Fund has recovered, consider allocations to support pedestrian and bicycle facilities to help achieve Berkeley’s Climate Action and Vision Zero goals on an accelerated basis.
Financial Implications: See report
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150 Action: Approved recommendation.
39. Letter to UC President Michael Drake in Support of Student Researchers United-UAW
From: Councilmember Robinson (Author) and Councilmember Hahn (Co- Sponsor)
Recommendation: Send a letter to UC President Drake and Provost Michael Brown in support of the full recognition of the Student Researchers United-UAW labor union.
Financial Implications: None
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170 Action: Councilmembers Harrison and Taplin added as co-sponsors. Approved recommendation.
Council Consent Items
Tuesday, December 14, 2021 ANNOTATED AGENDA Page 16
40. Support for H.R. 4194: The People’s Response Act
From: Councilmember Robinson (Author) and Councilmember Hahn (Co- Sponsor)
Recommendation: Adopt a Resolution supporting H.R. 4194, the People’s Response Act, which would create a Division of Community Safety and provide grants to local governments, state governments, and community-based organizations to support non-carceral approaches to public safety. Furthermore, send a letter of support to Representative Cori Bush, Representative Barbara Lee, Senator Alex Padilla, and Senator Dianne Feinstein.
Financial Implications: None
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170 Action: Adopted Resolution No. 70,173–N.S.
Action Calendar
The public may comment on each item listed on the agenda for action as the item is taken up. 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.
The Presiding Officer will request that persons wishing to speak use the "raise hand" function to determine the number of persons interested in speaking at that time. Up to ten (10) speakers may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue.
Action items may be reordered at the discretion of the Chair with the consent of Council.
Action Calendar – Public Hearings
Staff shall introduce the public hearing item and present their comments. This is followed by five-minute presentations each by the appellant and applicant. The Presiding Officer will request that persons wishing to speak use the "raise hand" function to be recognized and to determine the number of persons inte rested 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.
Each member of the City Council shall verbally disclose all ex parte contacts concerning the subject of the hearing. Councilmembers shall also submit a report of such contacts in writing prior to the commencement of the hearing. Written reports shall be available for public review in the office of the City Clerk.
Action Calendar – Public Hearings
Tuesday, December 14, 2021 ANNOTATED AGENDA Page 17
41. Proposed Ordinance Rescinding Ordinance 7,788-N.S. and Amending Paragraph ‘NN’ of Berkeley Municipal Code Section 19.48.020 (“Amendments to the California Fire Code”) to Restore Language Which Existed Prior to October 26, 2021
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt the second reading of an Ordinance No. 7,791-N.S. which rescinds Ordinance 7,788- N.S. and modifies the language of Paragraph ‘NN.’ of Berkeley Municipal Code Section 19.48.020 (“Amendments to the California Fire Code) by adopting a building standard which is more restrictive than that standard currently contained in the California Fire Code and restores language which existed prior to October 26, 2021.
First Reading Vote: All Ayes
Financial Implications: None
Contact: Abe Roman, Fire, (510) 981-3473
Public Testimony: The Mayor opened the public hearing. 8 speakers.
M/S/C (Arreguin/Robinson) to close the public hearing.
Vote: All Ayes.
Action: M/S/C (Arreguin/Wengraf) to adopt the second reading of Ordinance No. 7,791-N.S.
Vote: All Ayes.
42. Public Hearing: Implement Residential Preferential Parking (RPP) Program on the 1600 Block of Lincoln Street
From: City Manager
Recommendation: Conduct a public hearing and upon its conclusion, adopt a Resolution amending Resolution No. 56,508-N.S. Section 25E by adding a subsection to implement Residential Preferential Parking (RPP) on both sides of the 1600 block of Lincoln Street in Area E.
Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300
Public Testimony: The Mayor opened the public hearing. 1 speaker.
M/S/C (Arreguin/Robinson) to close the public hearing.
Vote: All Ayes.
Action: M/S/C (Arreguin/Bartlett) to adopt Resolution No. 70,174–N.S.
Vote: All Ayes.
Action Calendar – Public Hearings
Tuesday, December 14, 2021 ANNOTATED AGENDA Page 18
43. Fees: Vital Records
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution establishing a new fee schedule for Vital Records effective January 1, 2022 and rescinding Resolution No. 70,116-N.S. This fee adjustment is to become effective January 1, 2022 pursuant to Assembly Bill (AB) 128 (Chapter 21, Statutes of 2021), and Health & Safety (H&S) Codes, § 103627, 100425, 100430, and 100435.
Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400
Public Testimony: The Mayor opened the public hearing. 0 speakers.
M/S/C (Arreguin/Wengraf) to close the public hearing.
Vote: All Ayes.
Action: M/S/C (Arreguin/Robinson) to adopt Resolution No. 70,175–N.S.
Vote: All Ayes.
Recess 8:10 p.m. – 8:21 p.m.
Action Calendar – New Business
Tuesday, December 14, 2021 ANNOTATED AGENDA Page 19
44. FY 2021 Year-End and FY 2022 First Quarter Budget Update From: City Manager
Recommendation: Discuss and determine the funding allocations for FY 2022 based on the FY 2021 Excess Equity and Excess Property Transfer Tax for the following: 1) the General Fund Reserves 2) City Manager Budget Recommendations and 3) the Council Budget Referrals approved during FY 2022 to be considered in November 2021.
Financial Implications: See report
Contact: Rama Murty, Budget Office, (510) 981-7000
Action: M/S/C (Arreguin/Robinson) to accept supplemental material from the City Manager on Item 45.
Vote: All Ayes.
Action: M/S/C (Arreguin/Robinson) to suspend the rules and extend the meeting to 11:15 p.m. to complete Items 44 and 45; and to continue Items 46 and 47 to January 18, 2022.
Vote: All Ayes.
Action: 23 speakers. M/S/C (Arreguin/Kesarwani) to adopt the budget recommendations for excess equity as contained in the supplemental materials submitted at the meeting with the amendment that funding of the security cameras is conditioned on development and implementation of a Use Policy prior to deployment and Siting of Cameras in District 1, District 2 and District 8 locations as proposed by the Police Department and at 62nd & King (District 3). Policy will be adopted administratively and presented to the City Council as an off-agenda memo; repayment of the Workers Comp fund will be a top priority in the June budget process.
Vote: All Ayes.
Action Calendar – New Business
Tuesday, December 14, 2021 ANNOTATED AGENDA Page 20
45. Amendment: FY 2022 Annual Appropriations Ordinance From: City Manager
Recommendation: Adopt first reading of an Ordinance amending the FY 2022 Annual Appropriations Ordinance No. 7,779–N.S. for fiscal year 2022 based upon recommended re-appropriation of committed FY 2021 funding and other adjustments authorized since July 1, 2021, in the amount of $177,309,914 (gross) and $163,076,585 (net).
Financial Implications: See report
Contact: Rama Murty, Budget Office, (510) 981-7000
Action: 2 speakers. M/S/C (Arreguin/Robinson) to adopt first reading of Ordinance No. 7,795–N.S. as presented in the supplemental materials from the City Manager.
Second reading scheduled for January 18, 2021.
Vote: Ayes – Kesarwani, Taplin, Bartlett, Hahn, Wengraf, Robinson, Arreguin; Noes – None; Abstain – None; Absent – Harrison, Droste.
Councilmember Harrison absent 11:10 p.m. – 11:13 p.m.
Councilmember Droste absent 11:10 p.m. – 11:13 p.m.
Action Calendar – Public Hearings
46. Response to City Council Action on October 26, 2021 regarding Short Term Referral for Amendments to Accessory Dwelling Unit (ADU) Ordinance From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt the first reading of a local Accessory Dwelling Unit (ADU) Ordinance [Berkeley Municipal Code (BMC) Chapter 23.306] and amendments to relevant Defined Terms [BMC Chapter 23.502.020] in the Zoning Ordinance.
Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400
Action: Item 46 continued to January 18, 2022 including supplemental material from Councilmember Kesarwani.
47. Response to City Council Action on October 26, 2021 regarding Short Term Referral for Amendments to Accessory Dwelling Unit (ADU) Ordinance to Address Public Safety Concerns
From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt the first reading of a local Ordinance enacting Chapter 12.99 (Accessory Dwelling Units in Wildfire Hazard Areas) Accessory, and amending (BMC) Chapter 23.306.
Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400
Action: Item 47 continued to January 18, 2022 including supplemental material from the City Manager.
Tuesday, December 14, 2021 ANNOTATED AGENDA Page 21
Action Calendar – New Business
48. Ratification of Police Accountability Board’s Standing Rules From: Police Accountability Board
Recommendation: Review and approve Standing Rules of the Police Accountability Board.
Financial Implications: None
Contact: Katherine Lee, Interim Director of Police Accountability, (510) 981-4950 Action: Moved to Consent Calendar. Referred the item to the Police Accountability Board with the revisions submitted at the meeting by Mayor Arreguin.
Information Reports
49. City of Berkeley, State Tobacco Prevention Program (STPP) Overview From: City Manager
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Received and filed.
Public Comment – Items Not Listed on the Agenda - 0 speakers.
Adjournment
Action: M/S/C (Arreguin/Robinson) to adjourn the meeting.
Vote: Ayes – Kesarwani, Taplin, Bartlett, Hahn, Wengraf, Robinson, Arreguin; Noes – None; Abstain – None; Absent – Harrison, Droste.
Adjourned at 11:13 p.m.
Communications – December 14, 2021
Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record.
Item #41: Proposed Ordinance Rescinding Ordinance 7,788-N.S. and Amending Paragraph ‘NN’ of Berkeley Municipal Code Section 19.48.020 (“Amendments to the California Fire Code”) to Restore Language Which Existed Prior to October 26, 2021
1. Patricia Hart and Hans Stahlschmidt
Support the Berkeley Plastic Bag Ordinance
2. 30 similarly-worded form letters
Solano-Peralta Park
3. Amber Turley
4. Carol Hirth
Tuesday, December 14, 2021 ANNOTATED AGENDA Page 22
5. Alyse Jacobson
6. Holly Smith
7. Csilla Kenny
8. Finn Michaelson
9. Mary Foretich
10. Kim Thompson
11. Janice Murota
12. Cherilyn Parsons
13. Jason Gardner & Maureen Phelan
Tenant Opportunity to Purchase Act (TOPA)
14. 4 similarly-worded form letters
Free Speech
15. Nilang Gor
Alta Bates Hospital
16. Praveen Soo, Chair of the Human Welfare Community Action Commission
Crime Suppression Unit
17. Diana Bohn
Fee Parking at Marina
18. Nancy Bartell
Traffic Safety Enforcement
19. Keith Nickolaus
Hopkins Street Traffic and Placemaking Study
20. Ben, Karen, Chuck, and Liza on behalf of Walk Bike Berkeley
21. Barbara Fritz
Housing & Absentee Investors
22. V. Sommer
Happy Thanksgiving
23. Dirk Neyhart
Leonard Powell
24. Diana Bohn
No masks
25. David Lerman
Elmwood Parking
26. Dona Bretherick
Tuesday, December 14, 2021 ANNOTATED AGENDA Page 23
Pilot for Transportation Dept.
27. Sheila Goldmacher
GoBerkeley SmartSpace Parking Pilot
28. Jean H.
Banning Gendered Language
29. Jo Foley
Rapid Rehousing Funding
30. Diana Bohn
November Newsletter
31. Eden I&R
East Bay Community Energy
32. Board of Directors Agenda
Climate Change
33. Thomas Lord
Housing Crisis
34. JE
Supplemental Communications and Reports 1
Item #44: FY 2021 Year-End and FY 2022 First Quarter Budget Update
35. Revised material, submitted by City Manager
36. Elizabeth Dillon
37. Catherine Betts
38. Joshua Miller
39. Leslie Roulias
40. Rachel Gold
41. Norman Gold
42. Mari Vlastos
43. Brick Conway
44. Liz Grubin
45. EJ Holowicki
46. Simona Nass
47. Niccole Blanchet
48. Jessica Jennings
49. Phoebe Tussey
Item #45: Amendment: FY 2022 Annual Appropriations Ordinance
50. Joe Rapoza
Tuesday, December 14, 2021 ANNOTATED AGENDA Page 24
51. Julia Goodman
52. Tanya Stiller
53. Michael Rodriguez
54. Susan Black
55. Regina Fletcher
56. 20 similarly-worded form letters
Supplemental Communications and Reports 2
Item #16: Contract: Statewide and Early Intervention Project Participation Agreement – California Mental Health Services Authority
57. Supplemental material, submitted by Health, Housing and Community Services Department
Item #35: Commit the City of Berkeley to a Just Transition from the Fossil Fuel Economy
58. Supplemental material, submitted by Councilmember Taplin
Item #41: Proposed Ordinance Rescinding Ordinance 7,788-N.S. and Amending Paragraph ‘NN’ of Berkeley Municipal Code Section 19.48.020 (“Amendments to the California Fire Code”) to Restore Language Which Existed Prior to October 26, 2021
59. Christina Bucey, Greenfire Law, PC
Item #44: FY 2021 Year-End and FY 2022 First Quarter Budget Update
60. Revised material, submitted by the City Manager’s Office
61. Supplemental material, submitted by the Mayor
62. Angie Garling
63. Sheridan Pauker
64. Alfred Twu
65. Homeless Commission
66. Nathan Tsuizaki
67. Jason Spangenthal
68. Amy Petersen
69. Timothy Burroughs
70. Paku Khan
71. Chizu Hamada
72. Phyllis Stowell
73. Ben Werner
74. Carolyn Werner
75. Shelley Golomb
76. John Sterns
77. Jacalyn Thompson
78. Beth Rhine
Tuesday, December 14, 2021 ANNOTATED AGENDA Page 25
Item #45: Amendment: FY 2022 Annual Appropriations Ordinance
79. 14 similarly-worded form letters
80. Brian LaFranchi
81. Frances Haselsteiner
82. Lauren Salvo
83. Sam Kang
Item #46: Response to City Council Action on October 26, 2021 regarding Short Term Referral for Amendments to Accessory Dwelling Unit (ADU) Ordinance
84. Supplemental material, submitted by Councilmember Kesarwani
85. Debra Sanderson
Item #47: Response to City Council Action on October 26, 2021 regarding Short Term Referral for Amendments to Accessory Dwelling Unit (ADU) Ordinance to Address Public Safety Concerns
86. Revised material, submitted by Planning and Development Department
Supplemental Communications and Reports 3
Item #7: City of Berkeley’s 2022 State and Federal Legislative Platform
87. Supplemental material, submitted by the Mayor
Item #44: FY 2021 Year-End and FY 2022 First Quarter Budget Update
88. Paul Preston
89. David Williamson
90. Laurie Nardinelli
91. Andrea Mullarkey
92. Leah Zoller
93. Kira Deutch
94. Mary Zernicke
95. Ira Serkes
96. Dennis Weikel
97. Pat Hill
98. Stephen Jahn
99. Yuri Murphy
100. Kathryn Murphy
101. Frances Haselsteiner
102. Jane Scantlebury
103. Robbin Henderson
104. William Springer
105. Allie Pape
106. Elisa Mikiten
107. Angad Bhalla
108. Akiko Minaga
109. Jen Antonuccio
110. Michael Dillingham
Tuesday, December 14, 2021 ANNOTATED AGENDA Page 26
111. Doug Woos
112. Linda Franklin (3)
113. Tonette Vazquez
114. Igor Tregub, on behalf of the Sierra Club
115. Holly Scheider
116. Terri Saul
117. Alfred Twu
118. Mark Misoshnik
119. Zoe Stahl
120. Kasey Harboe
121. Beth Auclair
122. Izzy Meckler
123. Kathy Dervin, on behalf of 350 East Bay
124. Anita Ayers
125. Juli Dickey
126. Tome Luce
Item #45: Amendment: FY 2022 Annual Appropriations Ordinance 127. Revised material, submitted by the City Manager’s Office 128. Michelle Schurig
129. Carol Cho
130. Debra and David Summers
131. Greg Martin
132. Arabelle Mailinis
133. hakiah@
Item #47: Response to City Council Action on October 26, 2021 regarding Short Term Referral for Amendments to Accessory Dwelling Unit (ADU) Ordinance to Address Public Safety Concerns
134. Steven Segal
135. Lisa Goodman
136. Robert Sonderegger and Joanna Moss
137. George Porter
138. Robert Sonderegger
139. Catherine Lazio
Item #48: Ratification of Police Accountability Board’s Standing Rules 140. Supplemental material, submitted by the Mayor
Miscellaneous
141. Presentation on Homeless Response Team, submitted by the City Manager
SUPPLEMENTAL
AGENDA MATERIAL
For Supplemental Packet 2
Meeting Date: December 14, 2021
Item Number: 35
Item Description: Resolution Committing the City of Berkeley to a Just Transition from Fossil Fuels and the Creation of a West Berkeley Green New Deal
Submitted by: Councilmember Taplin
Amendment would make the following additions to the referral:
● Change in title
● Addition of recommendations for future Just Transition policies ● Formatting changes
CONSENT CALENDAR
December 14, 2021
To: Honorable Mayor and Members of the City Council
From: Councilmember Terry Taplin (Author), Councilmember Ben Bartlett, Councilmember Sophie Hahn, and Mayor Jesse Arreguín (Co-Sponsors)
Subject: Resolution Committing the City of Berkeley to a Just Transition from Fossil Fuels and the Creation of a West Berkeley Green New DealCommit the City of Berkeley to a Just Transition from the Fossil Fuel Economy
RECOMMENDATION
Adopt a resolution committing the City of Berkeley to a Just Transition from the fossil fuel economy and establishing a West Berkeley Green New Deal, that secures a livable future for all Berkeleyans, combats environmental racism, ensures access to good paying jobs, and cultivates economic and social prosperity for Berkeley in the 21st century and beyond.
POLICY COMMITTEE RECOMMENDATION
On June 2, 2021, the Facilities, Infrastructure, Transportation, Environment & Sustainability Policy Committee took the following action: M/S/C (Harrison/Robinson) to send the item to Council with a positive recommendation as submitted in the supplemental material and further revised to include a recommendation that all Council reports related to climate include a just transition section.
BACKGROUND
Climate Change is Here
At this moment, our atmosphere has a higher concentration of carbon dioxide than ever before in human history. This concentration, and the fossil fuel emissions that have caused it, is rapidly making our planet into a hotter and more volatile place for all of its inhabitants. Estimates of the degree of warming that we can expect over the course of the next century vary and are contingent on how policymakers respond to the growing threat in the next decade. Still, there is enormous consensus that a certain amount of warming is inevitable and that rising sea levels, higher frequency of extreme weather events, declining public health, and economic volatility will certainly follow. With estimates ranging from increases in temperature between 1.4 and 5.8 degrees Celsius
by 2100, global warming will have severe impacts at even the most modest of estimates.1
Here in the Bay Area, we are already seeing a wide range of impacts including more extreme El Niño seasons some years, dramatic droughts in other years, a decline in coastal fog, 8 inches of sea-level rise, and more intense fire seasons in the rest of the state which have regularly brought smoke and ash to Berkeley.2 Just this year, Berkeley’s Echo Lake Camp near Lake Tahoe narrowly escaped the ravaging impacts of the Caldor Fire that burned 221,775 acres in the Lake Tahoe area. This year also marked the 30th anniversary of the Oakland firestorm of 1991, which took 25 lives and remains a dark memory for many who have lived in the East Bay their whole lives. Even though the Berkeley hills have avoided cataclysmic events in recent years, the Oakland firestorm reminds us of the real dangers in our backyard. These effects, which are already impossible to ignore, are just the beginning. The future will bring deeper and longer droughts, unreliable precipitation, an overall increase in temperature, and as much as 3 meters of sea-level rise by 2100.3 On top of the weather and climate-related impacts, projections paint a grim picture for national economies under extreme warming scenarios. The reach of global warming will leave no stone unturned, with consequences for agriculture, trade, and industry internationally and at the national and local levels. At the national level, estimates currently project -0.1 to 1.7% GDP loss at
1.5 degrees Celsius of warming, 1.5 to 5.6% loss at 4 degrees, and 6.4 to 15.7% loss at 8 degrees.4 All who call Berkeley and the Bay Area home are feeling the early impacts of climate change and will continue to be affected as warming intensifies, but not all effects are felt equally across demographic groups.
Unequal Impacts: Environmental Racism and Economic Dangers Poor Americans and people of color have always had a relationship with their environments characterized by poor health and unique exposures to environmental hazards and extreme weather conditions, often in ways designed and perpetuated by government policies that seek to segregate and discriminate against people of color. As the effects of climate change intensify in the coming decades, this relationship will only be exacerbated as extreme weather, declining public health, and economic devastation disproportionately harm poor Americans and drag more and more into poverty. As the economy takes on damage, the unemployment rate will rise and bring the poverty rate
1 https://www.nature.com/articles/nature04188
2https://www.energy.ca.gov/sites/default/files/2019-11/Reg_Report-SUM-CCCA4-2018- 005_SanFranciscoBayArea_ADA.pdf
3https://www.energy.ca.gov/sites/default/files/2019-11/Reg_Report-SUM-CCCA4-2018- 005_SanFranciscoBayArea_ADA.pdf
4 https://science.sciencemag.org/content/356/6345/1362
up with it.5 Economic damage at the scale of climate change will subject millions more to the poor health, extreme weather vulnerabilities, and general ruin that is all but guaranteed for those who enter the coming decades already in impoverished conditions.
Climate justice is inextricably linked to racial justice and housing justice. To illustrate just one facet of this, Hoffman et al (2020) find that “94% of 108 urban regions in the United States display consistent city-scale patterns of elevated land surface temperatures in formerly redlined areas relative to their non-redlined neighbors by as much as 7 degrees Celsius...Nationally, land surface temperatures in redlined areas are approximately 2.6 degrees Celsius warmer than in non-redlined areas.”6 As heat waves intensify, low income neighborhoods and communities of color subjected to legacies of racial segregation will bear the worst impacts due to well-documented disparities of urban heat island effects. Surveying neighborhoods in Baltimore, Dallas, and Kansas City, Wilson (2020) also finds: “Areas of these cities that were targeted for systematic disinvestment in the past have higher mean land surface temperatures than those that received more favorable ratings. Poor and minority residents are also overrepresented in formerly redlined areas in each of the three study cities.”7
The disparate impacts of extreme weather between racial and economic groups have been repeatedly demonstrated in recent history, with dire warnings for Berkeley’s approach to climate resilience. In the summer of 1995, a year when global temperatures had already increased by nearly half a degree Celsius above pre-industrial levels, Chicago, Illinois was hit by a record-breaking heat wave.8 “Temperatures reached 106 degrees; the heat index, or experienced heat, climbed to 120 degrees; uncommonly ‘high lows’ (daily low temperatures that were themselves dangerously high), sparse cloud cover, and a dearth of cooling winds kept the city broiling, without relief, for a full week”9. After a week of intense heat, “medical examiners confirmed that over five- hundred Chicagoans had died directly from the heat, public health workers reported over seven-hundred deaths in excess of the weekly average, and hospitals registered thousands of visits for weather-related problems”10. The entire Chicago area felt the 1995 heat wave, but the effects of this extreme weather event were not leveled evenly across the entire area of the event. It was reported very quickly during and after the event that the victims of the heat wave were mostly elderly, poor, and Black11. The more
5 https://www.aeaweb.org/articles?id=10.1257/089533006776526102 6 Hoffman, J. S., Shandas, V., & Pendleton, N. (2020). The effects of historical housing policies on resident exposure to intra-urban heat: a study of 108 US urban areas. Climate, 8(1), 12. 7 Wilson, B. (2020). Urban heat management and the legacy of redlining. Journal of t he American Planning Association, 86(4), 443-457.
8 https://link.springer.com/article/10.1023/A:1006995507723 9 https://link.springer.com/article/10.1023/A:1006995507723 10 https://link.springer.com/article/10.1023/A:1006995507723 11 https://journals.sagepub.com/doi/abs/10.1177/000312240607100407?
fragile health of the elderly makes the raised vulnerability of older residents of Chicago less of a surprise, but the disproportionately poor and Black victimhood during this disaster further demonstrates the incredible exposure these groups have during extreme weather events.
The unequal effects of the 1995 heat wave in Chicago were neither wholly natural nor apolitical despite occurring in the early years of global climate change. The disproportionate victimhood of poor people of color in this case occurred as a result of political decisions. On top of the financial conditions that limit healthcare access and quality air-conditioning in the homes of the groups that ended up most vulnerable to the heat wave, the Chicago and Illinois government also acted in ways that led to an excess of deaths among elderly, poor, and Black residents during the heat crisis. The Chicago Police Department’s own senior assistance unit was neglected to be activated at all and the Department of Human Services failed to contact isolated seniors or transport them to any of the few public cooling centers that the city erected.12 State and local governments have demonstrated both a lack of preparedness for extreme weather events and a bias against poor people and people of color in the few preparation policies they do have. Governments can learn from their mistakes, but they must do so in a way that moves faster than escalating global warming. The impacts of environmental racism and the unique relationship between poverty and ecological hazards has continued to this day and will continue under more and more extreme climate change. Chicago’s 1995 heat wave is just one example among many demonstrating the ways in which climate change has already begun to exacerbate poverty and racism in the United States.
Beyond the unique vulnerability of people of color and the poor to climate change, the deeply embedded nature of fossil fuels in our economy means that the jobs of many in Berkeley are dependent on carbon-emitting industries. While Berkeley may not be home to any coal mines, oil refineries, or other industries widely associated with climate change, Berkeley’s economy is no less reliant on fossil fuel extraction and combustion.
Transitioning off of fossil fuels will inevitably mean existing jobs and businesses will have to radically change or cease to exist at all. Berkeley’s transition must take into account the economic consequences of all of its climate initiatives, not to stifle what the City must do to curb climate change, but to ensure that the workers most proximate to those economic consequences are supported as we rework our economy for a carbon neutral world. The transition off of fossil fuels can ignore the economic realities of the dramatic changes that are necessary to fight warming no more than it can ignore the unequal threat that climate change poses to the poor and people of color.
12 https://link.springer.com/article/10.1023/A:1006995507723
On a broader scale, studies indicate that a national transition to a 100%-renewable energy sector would likely result in the loss of around 3.9 million jobs while creating 5.9 million jobs.13 Exact job loss and gain forecasts in Berkeley are unknown, but it stands to reason that the job impacts will be comparable to the national figures if the transition is done proactively. The net gain in employment opportunities from the fossil fuel transition provides an optimistic vision for the transition, but does not mean that the road to net-zero will be easy. Not every lost job will be immediately accompanied by the creation of a new job, nor is it guaranteed that those who lose their job will automatically be offered employment in newly created industries or that those new jobs will offer the same wages and benefits as the jobs that are lost. Governments, including the City of Berkeley, must play an active role in ensuring that their transitions provide a net-gain in quality, good-paying jobs and that those who lose their job to the transition are prioritized for newly created jobs. Job losses are not a reason not to transition off of fossil fuels. To secure a prosperous future and save millions of lives, the transition must continue at an aggressive pace. Reckoning with future job losses, however, will help ensure that those losses are overshadowed by the benefits of the transition and that an ample supply of new jobs are available for all.
Governments have a small window that they can and should take advantage of to justly transition their economies, industries, and infrastructures to net-zero carbon emissions.
This is the bare minimum, and will only stop the most extreme levels of climate change towards the end of this century. A properly planned and justly executed transition should stand to be an economic opportunity for Berkeley rather than an economic downturn.
Berkeley must recognize what is coming, and the unique vulnerabilities of people of color and the poor, and enact policies to mitigate damages to these communities from warming and the transition to carbon neutrality.
The Green New Deal
Congresswoman Alexandria Ocasio-Cortez’s House Resolution recognizing the duty of the federal government to create a Green New Deal calls for a fair and just transition for all communities and workers to achieve net-zero greenhouse gas emissions and the creation of millions of high-wage union jobs to ensure prosperity and economic opportunity.14 It also calls for investments in infrastructure and 21st century industry to secure resilience for generations to come, the spurring of massive growth in clean manufacturing, and the remediation of hazardous and abandoned sites to ensure economic development and sustainability on said sites.
13 http://web.stanford.edu/group/efmh/jacobson/Articles/I/USStatesWWS.pdf 14 https://www.congress.gov/bill/116th-congress/house-resolution/109/text
The success of the Green New Deal hinges on the Just Transition and close partnership and consultation with front line and vulnerable communities, indigenous peoples, labor unions, worker cooperatives, business leaders, academia, civil society groups, and climate justice activists to prevent further harm to vulnerable and frontline communities, curtail the reliance of persons in our communities on the benefits of fossil fuel jobs, and mobilize the Green New Deal at the Local Level.
Here in Berkeley we are well positioned to model a Just Transition towards a regenerative green economy. The West Berkeley Plan has been the foundation for the City’s industrial land use and economic development policies. West Berkeley has long been a major center for jobs and remains an economic driver in the region. However, due to the history of redlining and environmental racism, adverse health impacts of proximity to I-80 and polluting industries have disproportionately impacted the low income and families of color who have called this part of the city home. Sites such as Pacific Steel have shut down, taking their jobs with them and leaving behind acres of contaminated soil and health disparities in their wake.
When the West Berkeley Plan was created, numerous stakeholders including the faith community, environmentalists, labor leaders, neighborhood organizations, business leaders and more came together to articulate a collective vision to guide the future of growth. The time has come for us to return to this work under the guiding principles of equity, sustainability, and climate justice in the pursuit of a Green New Deal for West Berkeley.
What is a Just Transition?
At varying levels, the consumption of fossil fuels is immersed in every aspect of daily life in modern society. Shifting our entire way of life towards carbon-neutrality will require significantly more than changing our energy sources to renewables. The truly comprehensive embeddedness of fossil fuels in our lives means that achieving net-zero fossil fuel emissions within just a few decades will be difficult, but not necessarily equally difficult for everyone.
Due to historic discrimination, impoverishment, and proximity to environmental hazards, people of color and poor people are disproportionately vulnerable to the impacts of climate change. In rebuilding our economy, policymakers at every level must be intentional in ensuring that the fossil-free economy of the future does not reproduce the same inequities and societal harms of today. There are wrong ways to fight the climate crisis. Governments can achieve net-zero emissions in such a way that enriches those who profited off of fossil fuel extraction and consumption and protects the already well-
off from warming while abandoning the historically disadvantaged to the ravages of extreme weather and economic chaos. The transition away from fossil fuels must ensure that the vulnerable in our society are protected from both the turbulence of restructuring our entire economy and the effects of global warming that are already set in stone. “After centuries of global plunder, the profit-driven industrial economy rooted in patriarchy and white supremacy is severely undermining the life support systems of the planet. Transition is inevitable. Justice is not.”15 The environmental justice movement calls this approach to the climate crisis a “Just Transition.”
The Climate Justice Alliance, a climate organization at the forefront of the fight for a Just Transition, lays out the following Just Transition principles:
A Just Transition moves us toward Buen Vivir
Buen Vivir means that we can live well without living better at the expense of others. Workers, community residents, women and Indigenous Peoples around the world have a fundamental human right to clean, healthy and adequate air, water, land, food, education and shelter. We must have just relationships with each other and with the natural world, of which we are a part. The rights of peoples, communities and nature must supersede the rights of the individual.
A Just Transition creates Meaningful Work
A Just Transition centers on the development of human potential, creating opportunities for people to learn, grow, and develop to their full capacities and interests. We are all born leaders, and a regenerative economy supports and nurtures that leadership. In the process, we are transforming ourselves, each other, our communities, and our society as a whole. Meanin gful work is life-affirming.
A Just Transition upholds Self Determination
All peoples have the right to participate in decisions that impact their lives. This requires democratic governance in our communities, including our workplaces. Communities must have the power to shape their economies, as producers, as consumers, and in our relationships with each other. Not only do we have the right to self determination, but self determination is one of our greatest tools to realize the world we need. The people who are most affected by the extractive economy — the frontline workers and the fenceline communities — have the resilience and expertise to be in the leadership of crafting solutions.
A Just Transition equitably redistributes Resources and Power We must work to build new systems that are good for all people, and not just a few. Just Transition must actively work against and transform current and historic social inequities based on race, class, gender, immigrant status and other forms of oppression. Just Transition fights to reclaim capital and resources for the regeneration of geographies and sectors of the economy where these inequities are most pervasive.
15 https://climatejusticealliance.org/wp-content/uploads/2018/06/CJA_JustTransition_Principles_final_hi-rez.pdf