Tuesday, December 10, 2024 REVISED AGENDA Page 1
REVISED AGENDA
(ADDED CONTINUED ITEMS FROM DECEMBER 3, 2024)
BERKELEY CITY COUNCIL MEETING
Tuesday, December 10, 2024
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702
JESSE ARREGUIN, MAYOR
Councilmembers:
DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – CECILIA LUNAPARRA DISTRICT 4 – IGOR TREGUB DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in -person attendance and virtual participation. Live captioned broadcasts of Council meetings are available on B -TV (Channel 33) and via internet video stream at http://berkeley.granicus.com/MediaPlayer.php?publish_id=1244. All Council meetings are recorded.
To access the meeting remotely use this URL: https://cityofberkeley-info.zoomgov.com/j/1601063395. To request to speak, use the “raise hand” function in Zoom. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 160 106 3395 . To provide public comment, Press *9 and wait to be recognized by the Chair. To submit a written communication for the public record, email [email protected].
This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953 . Any member of the public may attend this meeting, however, if you are feeling sick, please do not attend the meeting in person.
The City Council may take action related to any subject listed on the Agenda.
Pursuant to the City Council Rules of Procedure and State Law, the presiding officer may remove, or cause the removal of, an individual for disrupting the meeting. Prior to removing an individual, the presiding officer shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The presiding officer may then remove the individual if they do not promptly cease their disruptive behavior. “Disrupting” means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, a failure to comply with reasonable and lawful regulations adopted by a legislative body, or engaging in behavior that constitutes use of force or a true threat of force.
Government Code Section 84308 (Levine Act) - Parties to a proceeding involving a license, permit, or other entitlement for use are required to disclose if they made contributions over $250 within the prior 12 months to any City employee or officer. Parties and participants with a financial interest are prohibited from making more than $250 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding.
The above contribution disclosures and restrictions do not apply when the proceeding is competitively bid, or involves a personnel or labor contract. For more information, see Government Code Section 84308.
Rev - 1
Tuesday, December 10, 2024 REVISED AGENDA Page 2
Preliminary Matters
Roll Call:
Land Acknowledgement Statement: The City of Berkeley recognizes that the community we live in was built on the territory of xučyun (Huchiun (Hooch-yoon)), the ancestral and unceded land of the Chochenyo (Cho-chen-yo)-speaking Ohlone (Oh-low-nee) people, the ancestors and descendants of the sovereign Verona Band of Alameda County. This land was and continues to be of great importance to all of the Ohlone Tribes and descendants of the Verona Band. As we begin our meeting tonight, we acknowledge and honor the original inhabitants of Berkeley, the documented 5,000 -year history of a vibrant community at the West Berkeley Shellmound, and the Ohlone people who continue to reside in the East Bay. We recognize that Berkeley’s residents have and continue to benefit from the use and occupation of this unceded stolen land since the City of Berkeley’s incorporation in 1878. As stewards of the laws regulating the City of Berkeley, it is not only vital that we recognize the history of this land, but also recognize that the Ohlone people are present members of Berkeley and other East Bay communities today. The City of Berkeley will continue to build relationships with the Lisjan Tribe and to create meaningful actions that uphold the intention of this land acknowledgement.
Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.
1. Swearing in of newly elected and re-elected officials City Manager Comments: The City Manager may make announcements or provide information to the City Council in the form of an oral report. The Council will not take action on such items but may request the City Manager place a report on a future agenda for discussion.
Public Comment on Non-Agenda Matters: Up to ten persons will be selected to address matters not on the Council agenda. If five or fewer persons are identified to provide non-agenda comment, each person selected will be allotted two minutes each. If more than five persons are selected to address matters not on the Council agenda, each person selected will be allotted one minute each.
In-person attendees wishing to address the Council on matters not on the Council agenda during the initial ten-minute period for such comment, must submit a speaker card to the City Clerk in person at the meeting location and prior to the moment that the Presiding Officer calls for public comment on non - agenda items. Remote attendees must raise their hand in the videoconference application when the Presiding Officer calls for non-agenda speakers. The first five raised hands on the videoconference application will be selected to speak and the first five cards drawn at the meeting will be selected to speak. The number of in-person and remote speakers selected may be adjusted by the Presiding Officer if fewer than five speakers from either format are identified.
The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda.
Public Comment by Employee Unions (first regular meeting of the month): This period of public comment is reserved for officially designated representatives of City of Berkeley employee unions, with five minutes allocated per union if representatives of three or fewer unions wish to speak and up to three minutes per union if representatives of four or more unions wish to speak.
Rev - 2
Consent Calendar
Tuesday, December 10, 2024 REVISED AGENDA Page 3
The Council will first determine whether to move items on the agenda for “Action” or “Information” to the “Consent Calendar”, or move “Consent Calendar” items to “Action.” Three members of the City Council must agree to pull an item from the Consent Calendar or Information Calendar for it to move to Action.
Items that remain on the “Consent Calendar” are voted on in one motion as a group. “Information” items are not discussed or acted upon at the Council meeting unless they are moved to “Action” or “Consent”.
No additional items can be moved onto the Consent Calendar once public comment has commenced. At any time during, or immediately after, public comment on Information and Consent items, any Councilmember may move any Information or Consent item to “Action.” Following this, the Council will vote on the items remaining on the Consent Calendar in one motion.
For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again at the time the matter is taken up during the Action Calendar.
Public Comment on Consent Calendar and Information Items Only: The Council will take public comment on any items that are either on the amended Consent Calendar or the Information Calendar. If ten or fewer persons are interested in speaking on an individual agenda item, each speaker may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue. A speaker may only speak once during the period for public comment on Consent Calendar and Information items.
Additional information regarding public comment by City of Berkeley employees and interns: Employees and interns of the City of Berkeley, although not required, are encouraged to identify themselves as such, the department in which they work and state whether they are speaking as an individual or in their official capacity when addressing the Council in open session or workshops.
Consent Calendar – Continued Business
A. Lease Agreement – The Framer’s Workshop LLC, at 2435 and 2439 Channing Way in Telegraph-Channing Mall and Garage (Continued from December 3, 2024) From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,942-N.S. 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.
First Reading Vote: All Ayes.
Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Rev - 3
Consent Calendar – Continued Business
Tuesday, December 10, 2024 REVISED AGENDA Page 4
B. Lease Amendment: We Wield The Hammer at 2440 Durant Avenue in the Telegraph-Channing Mall and Garage (Continued from December 3, 2024) From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,943-N.S. 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.
First Reading Vote: All Ayes.
Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
C. Lease Amendment: Dorothy Day House dba Dorothy’s Closet at 2425a Channing Way in the Telegraph-Channing Mall and Garage (Continued from December 3, 2024)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,944-N.S. 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 $2.26 per square foot per month with an annual 3% increase to $1.95 per square foot with no annual increase.
First Reading Vote: All Ayes.
Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
D. Zoning Ordinance Amendments: Keep Innovation in Berkeley; Amending BMC Title 23 (Continued from December 3, 2024)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,945-N.S. amending Berkeley Municipal Code Title 23 to encourage Research and Development (R&D) uses in Berkeley.
First Reading Vote: All Ayes.
Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400
Consent Calendar
1. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of November 8, 2024 (closed), November 12, 2024 (regular), November 15, 2024 (closed), November 18, 2024 (special), November 19, 2024 (closed and regular).
Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900
Rev - 4
Consent Calendar
Tuesday, December 10, 2024 REVISED AGENDA Page 5
2. Contract: CVL Economics for a Study of the Economic Impact of the Arts in Berkeley
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any necessary amendments with CVL Economics for an amount not to exceed $119,300 for analysis of pandemic cultural arts recovery investments and the economic impact of the arts in Berkeley for a term of two years.
Financial Implications: American Rescue Act Fund - $119,300 Contact: Eleanor Hollander, Economic Development, (510) 981-7530
3. Contract: Kala Art Institute for Framed Artwork Purchase Plan for City Buildings
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any necessary amendments with Kala Art Institute for an amount not to exceed $50,000 to implement a framed artwork purchase plan for two city administration buildings located at 1947 Center Street and 2180 Milvia Street. The artworks are to be hung in public areas of civic buildings and will become part of the City’s Civic Art Collection.
Financial Implications: Cultural Trust Fund - $50,000.
Contact: Eleanor Hollander, Economic Development, (510) 981-7530
4. Contract: Masako Miki Public Artwork Commission for Aquatic Park Pathway Wall
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any necessary amendments with artist Masako Miki for an amount not to exceed $87,000 for a public art commission of a ceramic tile mural on the 42’-long curved wall located along the San Francisco Bay Trail west of the intersection of Addison Street and Bolivar Drive in Aquatic Park.
Financial Implications: Cultural Trust Fund - $87,000
Contact: Eleanor Hollander, Economic Development, (510) 981-7530
5. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on December 10, 2024
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Rev - 5
Consent Calendar
Tuesday, December 10, 2024 REVISED AGENDA Page 6
6. Establish Classification and Salary – Senior Paralegal From: City Manager
Recommendation: Adopt a Resolution establishing the job class specification and salary of Senior Paralegal with an hourly salary range of $47.4636 to $57.6923, and an annual range of $98,724.30 to $120,000.00.
Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800
7. Revise Job Class Specifications – Communications Specialist From: City Manager
Recommendation: Adopt a Resolution (1) revising the Communications Specialist job class specifications to allow Charter departments and offices to utilize the classification and (2) providing a 5% differential to Communication Specialists assigned to the City Manager’s Office.
Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800
8. Personnel Rule 9.03 Revision: Promotion Through a Non-Competitive Process From: City Manager
Recommendation: Adopt a Resolution amending Section 9.03 of the City’s Personnel Rules and Regulations, “Promotion Through a Non-Competitive Personnel Action,” to add classifications including Deputy City Attorney I, II, III, and IV; Police Officer Recruit and Police Officer; Public Safety Dispatcher I and Public Safety Dispatcher II; Hazardous Materials Specialist I and Hazardous Materials Specialist II; and Housing Inspector I (Certified) and Housing Inspector II (Certified).
Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800
9. Contract No. 32400151 Amendment: SDR Consulting for Classification and Compensation Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32400151 with SDR Consulting for classification and compensation services to cover the period of February 26, 2023 through June 30, 2026, for a total cost not to exceed $150,000.
Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800
Rev - 6
Consent Calendar
Tuesday, December 10, 2024 REVISED AGENDA Page 7
10. Accept Grant Funds from the U.S. Department of Energy’s Zero Codes Award and contract with City and County of San Francisco to develop, implement, and enforce Building Performance Standards
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or their designee to accept the U.S. Department of Energy’s Assistance for adoption of the “Latest and Zero Building Energy Codes” in the amount of $5,729,943, and negotiate and execute a contract and any amendments, extensions, or change orders with City and County of San Francisco, to develop Building Performance Standards, for the duration of January 1, 2025 through December 31, 2033.
Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400
11. Contract No. 112219-1 Amendment: Siemens Industry, Inc. for Fire and Life Safety Systems Maintenance
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 112219-1 with Siemens Industry, Inc. for Fire and Life Safety Systems Maintenance, increasing the current contract amount of $100,000 for a total not to exceed amount of $700,000 and extending the contract term through December 31, 2025.
Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
12. Contract: Terocons Inc. for Sacramento Street Pedestrian Safety Project From: City Manager
Recommendation: Adopt a Resolution: 1. Approving plans and specifications for the Sacramento Street Pedestrian Safety Project (“Project”), Specification No. 24-11643- C; 2. Accepting the bid of Terocons Inc., the lowest responsive and responsible bidder; and 3. Authorizing the City Manager to execute a contract with Terocons Inc. and any amendments, extensions, and/or change orders until completion of the Project in accordance with the approved plans and specifications, in an amount not to exceed $973,638, which includes a 15% contingency for unforeseen circumstances.
Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Rev - 7
Consent Calendar
Tuesday, December 10, 2024 REVISED AGENDA Page 8
13. Contract No. 32000078 Amendment: DC Electric Group, Inc for On-Call Electrical Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32000078 between the City and DC Electric Group, Inc. for supplemental On-Call electrical services to support the Public Works Electrical Unit, increasing the current contract spending authority by $250,000 for a new total not to exceed amount of $725,000.
Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
14. Contract: Stommel Inc., dba Lehr for Hybrid Police Patrol Vehicles Supplies, Equipment, and Installation Services
From: City Manager
Recommendation: Adopt a Resolution satisfying bid requirements of the City allowing the City to participate in competitively bid contracts, authorizing the City Manager to enter into contract with Stommel Inc. dba Lehr, for Hybrid Police Patrol vehicle supplies, equipment, and installation services with a contract term from December 15, 2024 to December 15, 2026 for an amount not to exceed $400,000.
Financial Implications: Public Works Equipment Replacement - $400,000 Contact: Terrance Davis, Public Works, (510) 981-6300
15. Purchase Order: Braun Northwest Inc. for Two (2) 2025 Ford F-450 North Star Engine Remount of Ambulance Bodies to New Chassis
From: City Manager
Recommendation: Adopt a Resolution satisfying requirements of City Charter allowing the City of Berkeley (“City”) to participate in HGACBuy contract bid procedures and authorizing the City Manager to purchase two (2) 2025 Ford F-450 North Star Ambulance chassis with Braun Northwest, Inc. in an amount not to exceed $430,000.
Financial Implications: Equipment Replacement Fund - $430,000 Contact: Terrance Davis, Public Works, (510) 981-6300
16. Agreement Regarding Allocation of Costs for Railroad Crossing Improvements for W-SW WBLS West Owner IX, L.P., a California limited liability company and the City
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an agreement and any amendments with the W-SW WBLS West Owner IX, L.P., (“Developer”) for payment for all improvements mitigating the impact of their Development (Project) at the Bancroft Way at-grade railroad crossing.
Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Rev - 8
Consent Calendar
Tuesday, December 10, 2024 REVISED AGENDA Page 9
17. Grant Applications: Metropolitan Transportation Commission Housing Incentive Pool
From: City Manager
Recommendation: Adopt two Resolutions certifying the City’s compliance with State Housing Laws and authorizing the City Manager to submit grant applications to the Metropolitan Transportation Commission (MTC) Housing Incentive Pool (HIP) for the following projects: San Pablo Avenue/Ashby Avenue Intersection Improvements Project for up to $1.9 million; Adeline Street Quick-Build for up to $1.05 million; and 7th Street/Anthony Street Complete Intersections Project for up to $2 million; accept the grants if awarded, and execute any resulting agreements and amendments.
Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
18. Establishing a New Schedule of Fines and Late Payment Penalties for Parking Violations; and Rescinding Resolution No. 70,924-N.S.
From: City Manager
Recommendation: Adopt a Resolution updating the existing schedule of parking violations and fines to include parking violations and late payment penalties for California’s new daylighting law, Assembly Bill 413 (AB 413); and rescinding resolution No. 70,924-N.S.
Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
19. City Council Committee and Regional Body Appointments From: Mayor Arreguin
Recommendation: Adopt a Resolution approving appointments to City Council Policy Committees, Partnership Committees and Regional Bodies, to temporarily appoint Mayor Adena Ishii and Councilmembers Terry Taplin and Ben Bartlett to the Agenda & Rules Committee.
Financial Implications: None.
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action Calendar
The public may comment on each item listed on the agenda for action. For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again during the Action Calendar public comment period on the item.
The Presiding Officer will request that persons wishing to speak line up at the podium, or use the "raise hand" function in Zoom, to determine the number of persons interested in speaking at that time. If ten or fewer persons are interested in speaking on an individual agenda item, each speaker may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield the ir time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may, 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.
Rev - 9
Action Calendar
Tuesday, December 10, 2024 REVISED AGENDA Page 10
The Presiding Officer may open and close an additional comment period for Action items on this agenda (excluding any public hearings, appeals, and/or quasi-judicial matters), at the start of the Action Calendar.
Those who speak on an item during this comment period may not speak a second time when the item is taken up by Council.
Action Calendar – Public Hearings
Staff shall introduce the public hearing item and present their comments. For certain hearings, this is followed by five-minute presentations each by first the appellant and then the applicant. The Presiding Officer will request that persons wishing to speak line up at the podium, or use the "raise hand" function in Zoom, to be recognized and to determine the number of persons interested in speaking at that time.
If ten or fewer persons are interested in speaking during a public hearing, each speaker may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may with the consent of persons representing both sides of an issue allocate a block of time to e ach side to present their issue.
When applicable, each member of the City Council shall verbally disclose all ex parte contacts concerning the subject of the hearing. Councilmembers shall also submit a report of such contacts in writing prior to the commencement of the hearing. Written reports shall be available for public review in the office of the City Clerk.
20. ***Item Removed by the City Manager*** Changes to Selected Recreation Facilities and Camps Program Fees
From: City Manager
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700
Action Calendar – Continued Business
E. Bicycle and Pedestrian Access on the Richmond-San Rafael Bridge (Continued from December 3, 2024)
From: Councilmember Lunaparra (Author), Councilmember Humbert (Co- Sponsor), Councilmember Kesarwani (Co-Sponsor)
Recommendation: Adopt a Resolution affirming the City of Berkeley’s support for permanent 24/7 protected bicycle and pedestrian access to the Richmond-San Rafael Bridge Trail.
Financial Implications: See report
Contact: Cecilia Lunaparra, Councilmember, District 7, (510) 981-7170
Information Reports
21. Fire Prevention Inspections Audit Status Report
From: City Manager
Contact: David Sprague, Fire, (510) 981-3473
22. Restaurant Inspection Audit Status Report
From: City Manager
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Rev - 10
Information Reports
Tuesday, December 10, 2024 REVISED AGENDA Page 11
23. Update: HR Response: Audit Directive(s) for Comprehensive Domestic Violence Policy to Support City Employees
From: City Manager
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800
24. Audit Status Reports: Fleet Replacement Fund Short Millions and Rocky Road:
Berkeley Streets at Risk and Significantly Underfunded
From: City Manager
Contact: Terrance Davis, Public Works, (510) 981-6300
Public Comment – Items Not Listed on the Agenda
Adjournment
NOTICE CONCERNING YOUR LEGAL RIGHTS : If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply:
1) No lawsuit challenging a City decision to deny (Code Civ. Proc. §1094.6(b)) or approve (Gov. Code 65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90 -day period will be barred. 2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.
Archived indexed video streams are available at:
https://berkeleyca.gov/your-government/city-council/city-council-agendas.
Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m.
Communications to the City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service to the City Clerk Department at 2180 Milvia Street. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk Department for further information.
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at the City Clerk Department located on the first floor of City Hall located at 2180 Milvia Street as well as posted on the City's website at https://berkeleyca.gov/.
Agendas, agenda reports, and revised/supplemental material may be accessed via the online agenda for this meeting at:
https://berkeleyca.gov/your-government/city-council/city-council-agendas and may be accessed at reference desks at the following locations:
City Clerk Department - 2180 Milvia Street, First Floor Tel: 510-981-6900, TDD: 510-981-6903, Fax: 510-981-6901 Email: [email protected]
Rev - 11
Tuesday, December 10, 2024 REVISED AGENDA Page 12
Libraries: Main – 2090 Kittredge Street,
Claremont Branch – 2940 Benvenue, West Branch – 1125 University, North Branch – 1170 The Alameda, Tarea Hall Pittman South Branch – 1901 Russell
COMMUNICATION ACCESS INFORMATION:
This meeting is being held in a wheelchair accessible location.
To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at [email protected], (510) 981-6418 (V), or (510) 981-6347 (TDD) at least three business days before the meeting date.
Attendees at public meetings are reminded that other attendees may be sensitive to various scents, whether natural or manufactured, in products and materials. Please help the City respect these needs.
Captioning services are provided at the meeting, on B -TV, and on the Internet. In addition, assisted listening devices for the hearing impaired are available from the City Clerk prior to the meeting, and are to be returned before the end of the meeting.
Questions regarding public participation may be addressed to the City Clerk Department (510) 981 -6900 or by email at [email protected].
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on December 5, 2024.
Mark Numainville, City Clerk
Communications
Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.
Berkeley Holiday Gift Fair
1. Beth Roessner
Mayor and Councilmember Send Off
2. Tim O’Brien
Public Toilet Facility
3. Nicole Spence (2)
Rev - 12
Tuesday, December 10, 2024 REVISED AGENDA Page 13
RV Living
4. John Hershberger
Rose Street
5. Ben Gerhardstein, Liza Lutzker, Charles Siegel, Benjamin Fry, Naveen Gattu, Brandon Yung, Rebecca Mirvish, Stewart Smith, Avery Arbaugh, Marc Hedlund, Ian Meyers, John Beaulaurier, Walk Bike Berkeley, Bryce Miller, Telegraph For People, Cal Berkeley Democrats, Sunrise Bay Area, Ren Fitzgerald, and Phyllis Orrick
6. Katherine Silver
Notification of Service
7. Yesica Prado
The Black Repertory Group
8. Moni T. Law
Marine Protected Areas Petition
9. Melissa A. Miller-Henson on behalf of the California Fish and Game Commission
Encampment Resolution
10. Stacie Blair
Encampment Sweeps
11. Boona Cheema
12. Moni T. Law
13. Paul Kealoha Blake
14. Willie Phillips
Encampments
15. Lyle Courtsal
Zoning
16. Mimi Moungovan
17. Bob Dougherty
Berkeley Arts Center
18. Thet Shein Win
19. Naz Cuguoglu
20. Natnael Amare
La Pena Cultural Center
21. Vanessa Whang
22. Ted Russell
23. Biel Delgado Trabal
Virginia St.
Rev - 13
Tuesday, December 10, 2024 REVISED AGENDA Page 14
24. David Lerman
Cannabis Policy
25. Lynn Silver, Aurash J. Soroosh, and Kiara Gonzalez Garcia on behalf of Getting it Right from the Start
Forwards of Information
26. Josh Atwood
27. Russbumper
28. Kyle Ratia
29. Eid (2)
URLs
30. Russbumper (3)
UC Berkeley Class
31. 891 Similarly worded form letters
Supplemental Communications and Reports
Items received by the deadlines for submission will be compiled and distributed as follows. If no items are received by the deadline, no supplemental packet will be compiled for said deadline.
• Supplemental Communications and Reports 1
Available by 5:00 p.m. five days prior to the meeting.
• Supplemental Communications and Reports 2
Available by 5:00 p.m. the day before the meeting.
• Supplemental Communications and Reports 3
Available by 5:00 p.m. two days following the meeting.
Rev - 14
Ordinance No. 7,942-N.S. Page 1 of 1
ORDINANCE NO. 7,942-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.
At a regular meeting of the Council of the City of Berkeley held on December 3, 2024, this Ordinance was passed to print and ordered published by posting by the following vote:
Ayes: Bartlett, Hahn, Humbert, Kesarwani, Lunaparra, Taplin, Tregub, and Wengraf.
Noes: None.
Absent: None.
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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,
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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
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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.
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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
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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.
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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
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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.
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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
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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
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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.
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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
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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.
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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
Rev - 28
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
Rev - 29
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
Rev - 30
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.
Rev - 31
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
Rev - 32
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.
///
///
Rev - 33
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.:
Rev - 34
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
Rev - 35
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
Rev - 36
Exhibit C
PAYMENTS
Rev - 37
Rev - 38
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.
Rev - 39
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.
Rev - 40
Ordinance No. 7,943-N.S. Page 1 of 2
ORDINANCE NO. 7,943-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.
Rev - 41
Ordinance No. 7,943-N.S. Page 2 of 2
At a regular meeting of the Council of the City of Berkeley held on December 3, 2024, this Ordinance was passed to print and ordered published by posting by the following vote:
Ayes: Bartlett, Hahn, Humbert, Kesarwani, Lunaparra, Taplin, Tregub, and Wengraf.
Noes: None.
Absent: None.
Rev - 42
7/15
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.
Rev - 43
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.
Rev - 44
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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7/15
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
Rev - 46
Ordinance No. 7,944-N.S. Page 1 of 1
ORDINANCE NO. 7,944-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.
At a regular meeting of the Council of the City of Berkeley held on December 3, 2024, this Ordinance was passed to print and ordered published by posting by the following vote:
Ayes: Bartlett, Hahn, Humbert, Kesarwani, Lunaparra, Taplin, Tregub, and Wengraf.
Noes: None.
Absent: None.
Rev - 47
7/15
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.
Rev - 48
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
Rev - 49
7/15
Exhibit C
PAYMENT (REVISED)
Rev - 50
Ordinance No. 7,945-N.S. Page 1 of 4
ORDINANCE NO. 7,945-N.S.
AMENDMENTS TO THE COMMERCIAL DISTRICT CHAPTER (BMC 23.204), MANUFACTURING DISTRICT CHAPTER (BMC 23.206), PARKING AND LOADING REGULATIONS CHAPTER (BMC 23.322) AND GLOSSARY (BMC 23.502), TO SUPPORT BERKELEY’S INNOVATION BUSINESSES
BE IT ORDAINED by the Council of the City of Berkeley as follows:
Section 1. That the line named “Research and Development” in Table 23.204-1 in BMC Section 23.204.020 is amended, a new line “Research and Development, 20,000 sq. ft. of larger” is added, and the line named “Commercial, Physical and Biological” is amended to read:
Table 23.204-1 Allowed Uses in the Commercial Districts ZC = Zoning Certificate
AUP = Administrative
Use Permit
UP(PH) = Use Permit
NP = Not Permitted
-- = Permitted with AUP,
see 23.204.020(B)
[#] = Table Note Permit
Requirement
* Use-Specific
Regulations Apply
Commercial Districts USE-
SPECIFIC
REGULATI
ONS
C-C C-U C-N C-E C-NS C-SA C-T C-SO C-DMU C-W C-AC
Research and
Development Under
20,000 sq. ft.
ZC ZC – – ZC – ZC – ZC ZC -- 23.204.040(E)
Research and
Development,
20,000 sq. ft. or
larger
AUP AUP -- -- AUP -- AUP -- AUP AUP -- 23.204.040(E)
Commercial Physical
or Biological Testing
AUP AUP NP NP NP NP NP NP AUP NP NP 23.204.040(E)
Section 2. That BMC Section 23.204.040(E) be added to read:
E. Microbes or biological agents – See Section 23.302.020(E).
Section 3. That the lines named “Research and Development” and “Commercial and Biological” in Table 23.206-1 in BMC Section 23.206.020 are amended to read:
Rev - 51
Ordinance No. 7,945-N.S. Page 2 of 4
Manufacturing DistrictsZC = Zoning Certificate
AUP = Administrative Use Permit
UP(PH) = Use Permit
-- = Permitted with an AUP, see 23.206.020(B)
NP = Not Permitted
[#] = Floor Area Permit Requirement
* Use-Specific Standards Apply
M MM MU-LI MU-R
Use-Specific Standards
Applies to uses with an asterisk
following the permit requirement
(e.g., ZC*)
Research and Development -- ZC [12] ZC [12] -- 23.206.040(L) Commercial Physical or Biological Testing NP AUP [4] UP(PH)* NP
23.206.040(L)
Section 4. That BMC Section 23.206.040(L) be added to read:
L. Microbes or biological agents – See Section 23.302.020(E).
Section 5. That BMC Section 23.206.070(A)(3) and 23.206.070(A)(5) are amended to read:
3. Encourage development of a manufacturing district targeted to manufacturing and industrial uses including research and development, so that manufacturers and industrial businesses will not be interfered with by incompatible uses;
5. Provide an appropriate location for the development of compatible industries which can provide high quality employment for people at all educational levels, and add significantly to the tax base, such as the biotechnology industry and other research and development uses;
Section 6. That BMC Section 23.206.080(A)(7) is amended to read:
7. Provide the opportunity for laboratory development and research and development facilities in appropriate locations;
Section 7. That BMC Section 23.302.020(E) is added to read:
E. Microbes or biological agents -- Use of microbes, biological agents, or similar organisms classified as Biosafety Level 3 (BSL-3) or 4 (BSL-4) by the US Centers for Disease Control and Prevention are not permitted in any Zoning District, in association with any land use.
Section 8. That a line named “Research and Development” is added to Table 23.322-2 in BMC Section 23.322.030(B) to read:
Table 23.322-2. REQUIRED OFF-STREET PARKING REQUIREMENTS IN
COMMERCIAL DISTRICTS (EXCLUDING C-T)
Research and
Development
C-DMU District: 1.5 per 1,000 sq. ft.
All Other Commercial Districts: 1 per 1,000 sq. ft.
Rev - 52
Ordinance No. 7,945-N.S. Page 3 of 4
Section 9. That a line named “Research and Development” is added to Table 23.322-4 in BMC Section 23.322.030(C) to read:
Table 23.322-4. REQUIRED OFF-STREET PARKING IN MANUFACTURING
DISTRICTS
Research and
Development
1 per 1,000 sq. ft.
Section 10. That BMC Section 23.206.080(B)(5) to B(13) are amended to read:
5. General Retail. Allowed general retail uses in the MU-LI district are limited to food product stores and building materials and garden supply stores. Other types of general retail uses are not permitted. Food product stores are not permitted if over 2,000 square feet. Building materials and garden supplies stores are permitted with an AUP if under 20,000 square feet and with a Use Permit if 20,000 square feet or more.
6. Pharmaceuticals Manufacturing. Pharmaceuticals manufacturing is allowed in the MU-LI district only in locations at least 500 feet from a Residential District or the MU-R district.
7. Public Market, Open Air. Open air markets in the MU-LI district with 5,000 square feet or less of lot area are allowed with AUP.
8. Recycling Facilities. Recycled materials processing and recycling redemption centers are allowed in the MU-LI district only on lots greater than 20,000 square feet.
9. Theaters. Only live stage performances are allowed in a theater in the MU-LI district. Motion picture theaters are not permitted.
10.Vehicle Wrecking. Permits required for vehicle wrecking the MU-LI district is determined by size of lot, not floor area.
11.Vocational Schools. A vocational school in the MU-LI district must provide training for occupations and/or industries found in the West Berkeley Plan area.
12.Wholesale Trade Proximity to Residential Use. For wholesale trade use in the MU- LI district otherwise allowed with a Zoning Certificate, an AUP is required to establish the use within 150 feet of a residential use in a Residential District or in the MU-R district.
Section 11. That BMC Section 23.502.020(L)(1) is amended to read:
Rev - 53
Ordinance No. 7,945-N.S. Page 4 of 4
1. Laboratories.
(a) Commercial Physical or Biological Testing. A facility that provides controlled conditions in which scientific or technological testing and measurements may be performed. Any facility established as a Commercial Physical or Biological Laboratory to conduct scientific or technological research, experiments and measurements prior to January 9, 2025 shall be considered a conforming Commercial Physical or Biological Testing use.
(b) Cannabis Testing. A facility for the testing of the properties of cannabis intended for consumer use.
Section 12. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.
At a regular meeting of the Council of the City of Berkeley held on December 3, 2024, this Ordinance was passed to print and ordered published by posting by the following vote:
Ayes: Bartlett, Hahn, Humbert, Kesarwani, Lunaparra, Taplin, Tregub, and Wengraf.
Noes: None.
Absent: None.
Rev - 54
Cecilia Lunaparra
Councilmember, District 7
2180 Milvia Street, Berkeley, CA 94704 ● (510) 981-7170 ● [email protected]
ACTION CALENDAR
December 10, 2024
(Continued from December 3, 2024)
To: Honorable Members of the City Council
From: Councilmember Lunaparra (Author), Councilmember Humbert (Co- Sponsor), Councilmember Kesarwani (Co-Sponsor)
Subject: Bicycle and Pedestrian Access on the Richmond-San Rafael Bridge
RECOMMENDATION
Adopt a Resolution affirming the City of Berkeley’s support for permanent 24/7 protected bicycle and pedestrian access to the Richmond-San Rafael Bridge Trail.
BACKGROUND
Following decades of advocacy, in 2019, the protected bicycle and pedestrian trail opened on the Richmond-San Rafael Bridge, completing a 6-mile link in the Bay Trail and connecting Contra Costa and Marin counties.
Since the opening of the barrier-separated shared bike and pedestrian path, the Metropolitan Transportation Commission’s (MTC) Phase II After Study for the Richmond-San Rafael Bridge found that both weekday and weekend vehicle flows have dropped, and weekday emissions have decreased. In the summer of 2021, the path received an 8.19 out of 10 safety rating by users. The report also states that “there is no statistical evidence that the bridge modifications are producing longer crash-related incidents or changing the location where crashes tend to occur on the bridge,” or that the modifications are increasing the time needed to clear crashes.1
CURRENT SITUATION AND ITS EFFECTS
The Metropolitan Transportation Commission (MTC) is proposing a weekday (Monday through Thursday) closure of Richmond-San Rafael pathway designated for pedestrians and people on bicycles. Under this proposal, the closed pathway would become a non- 1 After Study for the Richmond-San Rafael Bridge (Phase II), California PATH, UC Berkeley, https://mtc.ca.gov/sites/default/files/meetings/attachments/6005/4a_ATTACHMENT_B_Phase_II_Pilot_St udy_Final_Report.pdf
Rev - 55
2180 Milvia Street, Berkeley, CA 94704 ● (510) 981-7170 ● [email protected] drivable breakdown lane on weekdays. Unfortunately, doing so would eliminate critical access for people who do not drive and rely on the Bridge as the primary connection between the East & North Bay. Although MTC’s movable barrier proposal would allow bikes and pedestrians to safely cross the Bridge on weekends, many are concerned about “equitable access needed for those who must cross during the week.” 2 MTC’s proposal requires approval from the San Francisco Bay Conservation and Development Commission (BCDC) at an upcoming meeting. The Cities of Richmond and Albany have recently passed similar resolutions in support of a permanent protected Richmond-San Rafael Bay Trail with unanimous support.
FISCAL IMPACTS OF RECOMMENDATION
None.
ENVIRONMENTAL SUSTAINABILITY
Maintaining permanent 24/7 access to the Richmond-San Rafael Bridge Trail would continue to encourage safe and equitable access to transbay multimodal transportation.
CONTACT PERSON
Councilmember Cecilia Lunaparra, 510-981-7170
Attachments:
1: Resolution
2 Bike East Bay, https://bikeeastbay.org/rsr2024-2/
Rev - 56
RESOLUTION NO. ##,###-N.S.
AFFIRMING BERKELEY’S SUPPORT FOR THE RICHMOND-SAN RAFAEL
BRIDGE TRAIL
WHEREAS, the City of Berkeley is proud to promote connections between communities via the Richmond-San Rafael Bridge; and
WHEREAS, the Berkeley City Council recognizes that the Richmond-San Rafael Bridge Trail is a keystone section of the 500-mile regional San Francisco Bay Trail linking the East Bay and North Bay; and
WHEREAS, Berkeley City Council by unanimous vote adopted Resolution No. 68,486 - N.S., declaring a climate emergency and calling for urgent action to restore a safe climate; and
WHEREAS, the Council recognizes that an increase in the number of vehicle miles driven to and on the bridge increases pollution affecting vulnerable communities; and WHEREAS, the Council recognizes that active transportation allows people to be physically active in everyday life by enabling them to walk, bike, or roll to their destinations; and
WHEREAS, bicyclists and pedestrians have enjoyed over 400,000 trips on the Richmond-San Rafael Bridge Trail since it opened in November 2019; and WHEREAS, the Bay Area Toll Authority Report data showed no increase in westbound car congestion, a decrease in the number of motorist crashes, and no negative impact on the Air Quality Index (AQI); AQI is primarily impacted by vehicle miles traveled, road dust, tire wear, and brake wear, not by traffic congestion; and WHEREAS, the Council recognizes that a closure of the Richmond-San Rafael Bridge Trail would cause individuals who currently rely on this trail to drive for more trips, and if they don't have access to a car they could be left with no other options; and
WHEREAS, the Council recognizes that access to transportation is a human right and reliable mobility options for those unable to afford or drive a car should be available.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Berkeley does hereby support 24 hours a day, 7 days a week access to the Richmond-San Rafael Bridge Trail for pedestrians and bicyclists.
BE IT FURTHER AND FINALLY RESOLVED, that upon passage, a copy of this Resolution be sent to the members of the San Francisco Bay Conservation and Development Commission and the members of the Metropolitan Transportation Commission.
Rev - 57
Rev - 58
Tuesday, December 10, 2024 AGENDA Page 1
AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, December 10, 2024
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702
JESSE ARREGUIN, MAYOR
Councilmembers:
DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – CECILIA LUNAPARRA DISTRICT 4 – IGOR TREGUB DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in -person attendance and virtual participation. Live captioned broadcasts of Council meetings are available on B -TV (Channel 33) and via internet video stream at http://berkeley.granicus.com/MediaPlayer.php?publish_id=1244. All Council meetings are recorded.
To access the meeting remotely use this URL: https://cityofberkeley-info.zoomgov.com/j/1601063395. To request to speak, use the “raise hand” function in Zoom. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 160 106 3395 . To provide public comment, Press *9 and wait to be recognized by the Chair. To submit a written communication for the public record, email [email protected].
This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953 . Any member of the public may attend this meeting, however, if you are feeling sick, please do not attend the meeting in person.
The City Council may take action related to any subject listed on the Agenda.
Pursuant to the City Council Rules of Procedure and State Law, the presiding officer may remove, or cause the removal of, an individual for disrupting the meeting. Prior to removing an individual, the presiding officer shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The presiding officer may then remove the individual if they do not promptly cease their disruptive behavior. “Disrupting” means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, a failure to comply with reasonable and lawful regulations adopted by a legislative body, or engaging in behavior that constitutes use of force or a true threat of force.
Government Code Section 84308 (Levine Act) - Parties to a proceeding involving a license, permit, or other entitlement for use are required to disclose if they made contributions over $250 within the prior 12 months to any City employee or officer. Parties and participants with a financial interest are prohibited from making more than $250 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding.
The above contribution disclosures and restrictions do not apply when the proceeding is competitively bid, or involves a personnel or labor contract. For more information, see Government Code Section 84308.
Tuesday, December 10, 2024 AGENDA Page 2
Preliminary Matters
Roll Call:
Land Acknowledgement Statement: The City of Berkeley recognizes that the community we live in was built on the territory of xučyun (Huchiun (Hooch-yoon)), the ancestral and unceded land of the Chochenyo (Cho-chen-yo)-speaking Ohlone (Oh-low-nee) people, the ancestors and descendants of the sovereign Verona Band of Alameda County. This land was and continues to be of great importance to all of the Ohlone Tribes and descendants of the Verona Band. As we begin our meeting tonight, we acknowledge and honor the original inhabitants of Berkeley, the documented 5,000 -year history of a vibrant community at the West Berkeley Shellmound, and the Ohlone people who continue to reside in the East Bay. We recognize that Berkeley’s residents have and continue to benefit from the use and occupation of this unceded stolen land since the City of Berkeley’s incorporation in 1878. As stewards of the laws regulating the City of Berkeley, it is not only vital that we recognize the history of this land, but also recognize that the Ohlone people are present members of Berkeley and other East Bay communities today. The City of Berkeley will continue to build relationships with the Lisjan Tribe and to create meaningful actions that uphold the intention of this land acknowledgement.
Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.
1. Swearing in of newly elected and re-elected officials City Manager Comments: The City Manager may make announcements or provide information to the City Council in the form of an oral report. The Council will not take action on such items but may request the City Manager place a report on a future agenda for discussion.
Public Comment on Non-Agenda Matters: Up to ten persons will be selected to address matters not on the Council agenda. If five or fewer persons are identified to provide non-agenda comment, each person selected will be allotted two minutes each. If more than five persons are selected to address matters not on the Council agenda, each person selected will be allotted one minute each.
In-person attendees wishing to address the Council on matters not on the Council agenda during the initial ten-minute period for such comment, must submit a speaker card to the City Clerk in person at the meeting location and prior to the moment that the Presiding Officer calls for public comment on non - agenda items. Remote attendees must raise their hand in the videoconference application when the Presiding Officer calls for non-agenda speakers. The first five raised hands on the videoconference application will be selected to speak and the first five cards drawn at the meeting will be selected to speak. The number of in-person and remote speakers selected may be adjusted by the Presiding Officer if fewer than five speakers from either format are identified.
The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda.
Public Comment by Employee Unions (first regular meeting of the month): This period of public comment is reserved for officially designated representatives of City of Berkeley employee unions, with five minutes allocated per union if representatives of three or fewer unions wish to speak and up to three minutes per union if representatives of four or more unions wish to speak.
Consent Calendar
Tuesday, December 10, 2024 AGENDA Page 3
The Council will first determine whether to move items on the agenda for “Action” or “Information” to the “Consent Calendar”, or move “Consent Calendar” items to “Action.” Three members of the City Council must agree to pull an item from the Consent Calendar or Information Calendar for it to move to Action.
Items that remain on the “Consent Calendar” are voted on in one motion as a group. “Information” items are not discussed or acted upon at the Council meeting unless they are moved to “Action” or “Consent ”.
No additional items can be moved onto the Consent Calendar once public comment has commenced. At any time during, or immediately after, public comment on Information and Consent items, any Councilmember may move any Information or Consent item to “Action.” Following this, the Council will vote on the items remaining on the Consent Calendar in one motion.
For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again at the time the matter is taken up during the Action Calendar.
Public Comment on Consent Calendar and Information Items Only: The Council will take public comment on any items that are either on the amended Consent Calendar or the Information Calendar. If ten or fewer persons are interested in speaking on an individual agenda item, each speaker may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue. A speaker may only speak once during the period for public comment on Consent Calendar and Information items.
Additional information regarding public comment by City of Berkeley employees and interns: Employees and interns of the City of Berkeley, although not required, are encouraged to identify themselves as such, the department in which they work and state whether they are speaking as an individual or in their official capacity when addressing the Council in open session or workshops.
Consent Calendar
1. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of November 8, 2024 (closed), November 12, 2024 (regular), November 15, 2024 (closed), November 18, 2024 (special), November 19, 2024 (closed and regular).
Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900
2. Contract: CVL Economics for a Study of the Economic Impact of the Arts in Berkeley
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any necessary amendments with CVL Economics for an amount not to exceed $119,300 for analysis of pandemic cultural arts recovery investments and the economic impact of the arts in Berkeley for a term of two years.
Financial Implications: American Rescue Act Fund - $119,300 Contact: Eleanor Hollander, Economic Development, (510) 981-7530
Consent Calendar
Tuesday, December 10, 2024 AGENDA Page 4
3. Contract: Kala Art Institute for Framed Artwork Purchase Plan for City Buildings
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any necessary amendments with Kala Art Institute for an amount not to exceed $50,000 to implement a framed artwork purchase plan for two city administration buildings located at 1947 Center Street and 2180 Milvia Street. The artworks are to be hung in public areas of civic buildings and will become part of the City’s Civic Art Collection.
Financial Implications: Cultural Trust Fund - $50,000.
Contact: Eleanor Hollander, Economic Development, (510) 981-7530
4. Contract: Masako Miki Public Artwork Commission for Aquatic Park Pathway Wall
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any necessary amendments with artist Masako Miki for an amount not to exceed $87,000 for a public art commission of a ceramic tile mural on the 42’-long curved wall located along the San Francisco Bay Trail west of the intersection of Addison Street and Bolivar Drive in Aquatic Park.
Financial Implications: Cultural Trust Fund - $87,000
Contact: Eleanor Hollander, Economic Development, (510) 981-7530
5. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on December 10, 2024
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
6. Establish Classification and Salary – Senior Paralegal From: City Manager
Recommendation: Adopt a Resolution establishing the job class specification and salary of Senior Paralegal with an hourly salary range of $47.4636 to $57.6923, and an annual range of $98,724.30 to $120,000.00.
Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800
Consent Calendar
Tuesday, December 10, 2024 AGENDA Page 5
7. Revise Job Class Specifications – Communications Specialist From: City Manager
Recommendation: Adopt a Resolution (1) revising the Communications Specialist job class specifications to allow Charter departments and offices to utilize the classification and (2) providing a 5% differential to Communication Specialists assigned to the City Manager’s Office.
Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800
8. Personnel Rule 9.03 Revision: Promotion Through a Non-Competitive Process From: City Manager
Recommendation: Adopt a Resolution amending Section 9.03 of the City’s Personnel Rules and Regulations, “Promotion Through a Non-Competitive Personnel Action,” to add classifications including Deputy City Attorney I, II, III, and IV; Police Officer Recruit and Police Officer; Public Safety Dispatcher I and Public Safety Dispatcher II; Hazardous Materials Specialist I and Hazardous Materials Specialist II; and Housing Inspector I (Certified) and Housing Inspector II (Certified).
Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800
9. Contract No. 32400151 Amendment: SDR Consulting for Classification and Compensation Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32400151 with SDR Consulting for classification and compensation services to cover the period of February 26, 2023 through June 30, 2026, for a total cost not to exceed $150,000.
Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800
10. Accept Grant Funds from the U.S. Department of Energy’s Zero Codes Award and contract with City and County of San Francisco to develop, implement, and enforce Building Performance Standards
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or their designee to accept the U.S. Department of Energy’s Assistance for adoption of the “Latest and Zero Building Energy Codes” in the amount of $5,729,943, and negotiate and execute a contract and any amendments, extensions, or change orders with City and County of San Francisco, to develop Building Performance Standards, for the duration of January 1, 2025 through December 31, 2033.
Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400
Consent Calendar
Tuesday, December 10, 2024 AGENDA Page 6
11. Contract No. 112219-1 Amendment: Siemens Industry, Inc. for Fire and Life Safety Systems Maintenance
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 112219-1 with Siemens Industry, Inc. for Fire and Life Safety Systems Maintenance, increasing the current contract amount of $100,000 for a total not to exceed amount of $700,000 and extending the contract term through December 31, 2025.
Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
12. Contract: Terocons Inc. for Sacramento Street Pedestrian Safety Project From: City Manager
Recommendation: Adopt a Resolution: 1. Approving plans and specifications for the Sacramento Street Pedestrian Safety Project (“Project”), Specification No. 24-11643- C; 2. Accepting the bid of Terocons Inc., the lowest responsive and responsible bidder; and 3. Authorizing the City Manager to execute a contract with Terocons Inc. and any amendments, extensions, and/or change orders until completion of the Project in accordance with the approved plans and specifications, in an amount not to exceed $973,638, which includes a 15% contingency for unforeseen circumstances.
Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
13. Contract No. 32000078 Amendment: DC Electric Group, Inc for On-Call Electrical Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32000078 between the City and DC Electric Group, Inc. for supplemental On-Call electrical services to support the Public Works Electrical Unit, increasing the current contract spending authority by $250,000 for a new total not to exceed amount of $725,000.
Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
14. Contract: Stommel Inc., dba Lehr for Hybrid Police Patrol Vehicles Supplies, Equipment, and Installation Services
From: City Manager
Recommendation: Adopt a Resolution satisfying bid requirements of the City allowing the City to participate in competitively bid contracts, authorizing the City Manager to enter into contract with Stommel Inc. dba Lehr, for Hybrid Police Patrol vehicle supplies, equipment, and installation services with a contract term from December 15, 2024 to December 15, 2026 for an amount not to exceed $400,000.
Financial Implications: Public Works Equipment Replacement - $400,000 Contact: Terrance Davis, Public Works, (510) 981-6300
Consent Calendar
Tuesday, December 10, 2024 AGENDA Page 7
15. Purchase Order: Braun Northwest Inc. for Two (2) 2025 Ford F-450 North Star Engine Remount of Ambulance Bodies to New Chassis
From: City Manager
Recommendation: Adopt a Resolution satisfying requirements of City Charter allowing the City of Berkeley (“City”) to participate in HGACBuy contract bid procedures and authorizing the City Manager to purchase two (2) 2025 Ford F-450 North Star Ambulance chassis with Braun Northwest, Inc. in an amount not to exceed $430,000.
Financial Implications: Equipment Replacement Fund - $430,000 Contact: Terrance Davis, Public Works, (510) 981-6300
16. Agreement Regarding Allocation of Costs for Railroad Crossing Improvements for W-SW WBLS West Owner IX, L.P., a California limited liability company and the City
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an agreement and any amendments with the W-SW WBLS West Owner IX, L.P., (“Developer”) for payment for all improvements mitigating the impact of their Development (Project) at the Bancroft Way at-grade railroad crossing.
Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
17. Grant Applications: Metropolitan Transportation Commission Housing Incentive Pool
From: City Manager
Recommendation: Adopt two Resolutions certifying the City’s compliance with State Housing Laws and authorizing the City Manager to submit grant applications to the Metropolitan Transportation Commission (MTC) Housing Incentive Pool (HIP) for the following projects: San Pablo Avenue/Ashby Avenue Intersection Improvements Project for up to $1.9 million; Adeline Street Quick-Build for up to $1.05 million; and 7th Street/Anthony Street Complete Intersections Project for up to $2 million; accept the grants if awarded, and execute any resulting agreements and amendments.
Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
18. Establishing a New Schedule of Fines and Late Payment Penalties for Parking Violations; and Rescinding Resolution No. 70,924-N.S.
From: City Manager
Recommendation: Adopt a Resolution updating the existing schedule of parking violations and fines to include parking violations and late payment penalties for California’s new daylighting law, Assembly Bill 413 (AB 413); and rescinding resolution No. 70,924-N.S.
Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Council Consent Items
Tuesday, December 10, 2024 AGENDA Page 8
19. City Council Committee and Regional Body Appointments From: Mayor Arreguin
Recommendation: Adopt a Resolution approving appointments to City Council Policy Committees, Partnership Committees and Regional Bodies, to temporarily appoint Mayor Adena Ishii and Councilmembers Terry Taplin and Ben Bartlett to the Agenda & Rules Committee.
Financial Implications: None.
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action Calendar
The public may comment on each item listed on the agenda for action. For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again during the Action Calendar public comment period on the item.
The Presiding Officer will request that persons wishing to speak line up at the podium, or use the "raise hand" function in Zoom, to determine the number of persons interested in speaking at that time. If ten or fewer persons are interested in speaking on an individual agenda item, each speaker may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield the ir time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue.
Action items may be reordered at the discretion of the Chair with the consent of Council.
The Presiding Officer may open and close an additional comment period for Action items on this agenda (excluding any public hearings, appeals, and/or quasi-judicial matters), at the start of the Action Calendar.
Those who speak on an item during this comment period may not speak a second time when the item is taken up by Council.
Action Calendar – Public Hearings
Staff shall introduce the public hearing item and present their comments. For certain hearings, this is followed by five-minute presentations each by first the appellant and then the applicant. The Presiding Officer will request that persons wishing to speak line up at the podium, or use the "raise hand" function in Zoom, to be recognized and to determine the number of persons interested in speaking at that time.
If ten or fewer persons are interested in speaking during a public hearing, each speaker may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may with the consent of persons representing both sides of an issue allocate a block of time to e ach side to present their issue.
When applicable, each member of the City Council shall verbally disclose all ex parte contacts concerning the subject of the hearing. Councilmembers shall also submit a report of such contacts in writing prior to the commencement of the hearing. Written reports shall be available for public review in the office of the City Clerk.
Action Calendar – Public Hearings
Tuesday, December 10, 2024 AGENDA Page 9
20. ***Item Removed by the City Manager*** Changes to Selected Recreation Facilities and Camps Program Fees
From: City Manager
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700
Information Reports
21. Fire Prevention Inspections Audit Status Report
From: City Manager
Contact: David Sprague, Fire, (510) 981-3473
22. Restaurant Inspection Audit Status Report
From: City Manager
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400
23. Update: HR Response: Audit Directive(s) for Comprehensive Domestic Violence Policy to Support City Employees
From: City Manager
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800
24. Audit Status Reports: Fleet Replacement Fund Short Millions and Rocky Road:
Berkeley Streets at Risk and Significantly Underfunded
From: City Manager
Contact: Terrance Davis, Public Works, (510) 981-6300
Public Comment – Items Not Listed on the Agenda
Adjournment
NOTICE CONCERNING YOUR LEGAL RIGHTS : If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply:
1) No lawsuit challenging a City decision to deny (Code Civ. Proc. §1094.6(b)) or approve (Gov. Code 65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90 -day period will be barred. 2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.
Archived indexed video streams are available at:
https://berkeleyca.gov/your-government/city-council/city-council-agendas.
Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m.
Communications to the City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service to the City Clerk Department at 2180 Milvia Street. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk Department for further information.
Tuesday, December 10, 2024 AGENDA Page 10
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at the City Clerk Department located on the first floor of City Hall located at 2180 Milvia Street as well as posted on the City's website at https://berkeleyca.gov/.
Agendas, agenda reports, and revised/supplemental material may be accessed via the online agenda for this meeting at:
https://berkeleyca.gov/your-government/city-council/city-council-agendas and may be accessed at reference desks at the following locations:
City Clerk Department - 2180 Milvia Street, First Floor Tel: 510-981-6900, TDD: 510-981-6903, Fax: 510-981-6901 Email: [email protected]
Libraries: Main – 2090 Kittredge Street,
Claremont Branch – 2940 Benvenue, West Branch – 1125 University, North Branch – 1170 The Alameda, Tarea Hall Pittman South Branch – 1901 Russell
COMMUNICATION ACCESS INFORMATION:
This meeting is being held in a wheelchair accessible location.
To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at [email protected], (510) 981-6418 (V), or (510) 981-6347 (TDD) at least three business days before the meeting date.
Attendees at public meetings are reminded that other attendees may be sensitive to various scents, whether natural or manufactured, in products and materials. Please help the City respect these needs.
Captioning services are provided at the meeting, on B -TV, and on the Internet. In addition, assisted listening devices for the hearing impaired are available from the City Clerk prior to the meeting, and are to be returned before the end of the meeting.
Questions regarding public participation may be addressed to the City Clerk Department (510) 981 -6900 or by email at [email protected].
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on November 27, 2024.
Mark Numainville, City Clerk
Tuesday, December 10, 2024 AGENDA Page 11
Communications
Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.
Berkeley Holiday Gift Fair
1. Beth Roessner
Mayor and Councilmember Send Off
2. Tim O’Brien
Public Toilet Facility
3. Nicole Spence (2)
RV Living
4. John Hershberger
Rose Street
5. Ben Gerhardstein, Liza Lutzker, Charles Siegel, Benjamin Fry, Naveen Gattu, Brandon Yung, Rebecca Mirvish, Stewart Smith, Avery Arbaugh, Marc Hedlund, Ian Meyers, John Beaulaurier, Walk Bike Berkeley, Bryce Miller, Telegraph For People, Cal Berkeley Democrats, Sunrise Bay Area, Ren Fitzgerald, and Phyllis Orrick
6. Katherine Silver
Notification of Service
7. Yesica Prado
The Black Repertory Group
8. Moni T. Law
Marine Protected Areas Petition
9. Melissa A. Miller-Henson on behalf of the California Fish and Game Commission
Encampment Resolution
10. Stacie Blair
Encampment Sweeps
11. Boona Cheema
12. Moni T. Law
13. Paul Kealoha Blake
14. Willie Phillips
Encampments
15. Lyle Courtsal
Tuesday, December 10, 2024 AGENDA Page 12
Zoning
16. Mimi Moungovan
17. Bob Dougherty
Berkeley Arts Center
18. Thet Shein Win
19. Naz Cuguoglu
20. Natnael Amare
La Pena Cultural Center
21. Vanessa Whang
22. Ted Russell
23. Biel Delgado Trabal
Virginia St.
24. David Lerman
Cannabis Policy
25. Lynn Silver, Aurash J. Soroosh, and Kiara Gonzalez Garcia on behalf of Getting it Right from the Start
Forwards of Information
26. Josh Atwood
27. Russbumper
28. Kyle Ratia
29. Eid (2)
URLs
30. Russbumper (3)
UC Berkeley Class
31. 891 Similarly worded form letters
Supplemental Communications and Reports
Items received by the deadlines for submission will be compiled and distributed as follows. If no items are received by the deadline, no supplemental packet will be compiled for said deadline.
• Supplemental Communications and Reports 1
Available by 5:00 p.m. five days prior to the meeting.
• Supplemental Communications and Reports 2
Available by 5:00 p.m. the day before the meeting.
• Supplemental Communications and Reports 3
Available by 5:00 p.m. two days following the meeting.
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 10, 2024
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Mark Numainville, City Clerk
Subject: Minutes for Approval
RECOMMENDATION
Approve the minutes for the Council meetings of November 8, 2024 (closed), November 12, 2024 (regular), November 15, 2024 (closed), November 18, 2024 (special), November 19, 2024 (closed and regular).
CONTACT PERSON
Mark Numainville, City Clerk, (510) 981-6900
Attachments:
1. November 8, 2024 – Special Closed City Council Meeting
2. November 12, 2024 – Regular City Council Meeting
3. November 15, 2024 – Special Closed City Council Meeting
4. November 18, 2024 – Special City Council Meeting
5. November 19, 2024 – Special Closed City Council Meeting
6. November 19, 2024 – Regular City Council Meeting
Friday, November 8, 2024 MINUTES Page 1
BERKELEY CITY COUNCIL SPECIAL MEETING MINUTES
FRIDAY, NOVEMBER 8, 2024
3:30 P.M.
REDWOOD ROOM – 2180 MILVIA STREET, BERKELEY, CA 94704
TELECONFERENCE LOCATION – 1404 LE ROY AVENUE, BERKELEY, CA 94708 TELECONFERENCE LOCATION - 1619 EDITH STREET, BERKELEY, CA 94703 TELECONFERENCE LOCATION - 4545 LAGUNA SPRINGS DR, STE 200, ELK GROVE, CA 95758
JESSE ARREGUIN, MAYOR
Councilmembers:
DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – CECILIA LUNAPARRA DISTRICT 4 – IGOR TREGUB DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in-person attendance and virtual participation.
To access the meeting remotely use this URL: https://cityofberkeley-info.zoomgov.com/j/1618875706. To request to speak, use the “raise hand” function in Zoom. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 161 887 5706. To provide public comment, Press *9 and wait to be recognized by the Chair. To submit a written communication for the public record, email [email protected].
This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953. Any member of the public may attend this meeting, however, if you are feeling sick, please do not attend the meeting in person.
The City Council may take action related to any subject listed on the Agenda.
Pursuant to the City Council Rules of Procedure and State Law, the presiding officer may remove, or cause the removal of, an individual for disrupting the meeting. Prior to removing an individual, the presiding officer shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The presiding officer may then remove the individual if they do not promptly cease their disruptive behavior. “Disrupting” means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, a failure to comply with reasonable and lawful regulations adopted by a legislative body, or engaging in behavior that constitutes use of force or a true threat of force.
Government Code Section 84308 (Levine Act) - Parties to a proceeding involving a license, permit, or other entitlement for use are required to disclose if they made contributions over $250 within the prior 12 months to any City employee or officer. Parties and participants with a financial interest are prohibited from making more than $250 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding.
The above contribution disclosures and restrictions do not apply when the proceeding is competitively bid, or involves a personnel or labor contract. For more information, see Government Code Section 84308.
Attachment 1
Friday, November 8, 2024 MINUTES Page 2
Preliminary Matters
Roll Call: 3:35 p.m.
Present: Kesarwani, Tregub, Hahn, Wengraf, Lunaparra, Humbert, Arreguin
Absent: Taplin, Bartlett
Councilmember Bartlett present at 3:52 p.m.
Public Comment - Limited to items on this agenda only – 31 speakers CLOSED SESSION:
The City Council will convene in closed session to meet concerning the following:
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTIONS 54956.8:
Property Address: 2113-2115 Kittredge Street, Berkeley CA Agency Negotiators: Paul Buddenhagen, City Manager, Henry Oyekanmi, Director of Finance Negotiating Parties: City of Berkeley, California Theater Consortium, and Gilbane Development Company dba 2115 Kittredge Street, LLC
Property Owner: Robin Lent
Under Negotiation: Price and Terms
Action: No reportable action taken.
OPEN SESSION:
No reportable action taken.
Adjournment
Action: M/S/C (Arreguin/Wengraf) to adjourn the meeting.
Vote: Ayes – Kesarwani, Bartlett, Tregub, Hahn, Wengraf, Lunaparra, Humbert, Arreguin; Noes – None; Abstain – None; Absent – Taplin.
Adjourned at 5:50 p.m.
I hereby certify that the forgoing is a true and correct record of the City Council special closed session meeting held on November 8, 2024.
__________________________________
Neetu Salwan, Assistant City Clerk
Tuesday, November 12, 2024 MINUTES Page 1
MINUTES
BERKELEY CITY COUNCIL MEETING
Tuesday, November 12, 2024
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION -1600 S. DISNEYLAND DRIVE, ANAHEIM, CA 92802
JESSE ARREGUIN, MAYOR
Councilmembers:
DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – CECILIA LUNAPARRA DISTRICT 4 – IGOR TREGUB DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in-person attendance and virtual participation. Live captioned broadcasts of Council meetings are available on B-TV (Channel 33) and via internet video stream at http://berkeley.granicus.com/MediaPlayer.php?publish_id=1244. All Council meetings are recorded.
To access the meeting remotely use this URL: https://cityofberkeley-info.zoomgov.com/j/1612850642. To request to speak, use the “raise hand” function in Zoom. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 161 285 0642 . To provide public comment, Press *9 and wait to be recognized by the Chair. To submit a written communication for the public record, email [email protected].
This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953. Any member of the public may attend this meeting, however, if you are feeling sick, please do not attend the meeting in person.
The City Council may take action related to any subject listed on the Agenda.
Pursuant to the City Council Rules of Procedure and State Law, the presiding officer may remove, or cause the removal of, an individual for disrupting the meeting. Prior to removing an individual, the presiding officer shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The presiding officer may then remove the individual if they do not promptly cease their disruptive behavior. “Disrupting” means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, a failure to comply with reasonable and lawful regulations adopted by a legislative body, or engaging in behavior that constitutes use of force or a true threat of force.
Government Code Section 84308 (Levine Act) - Parties to a proceeding involving a license, permit, or other entitlement for use are required to disclose if they made contributions over $250 within the prior 12 months to any City employee or officer. Parties and participants with a financial interest are prohibited from making more than $250 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding.
The above contribution disclosures and restrictions do not apply when the proceeding is competitively bid, or involves a personnel or labor contract. For more information, see Government Code Section 84308.
Attachment 2
Tuesday, November 12, 2024 MINUTES Page 2
Preliminary Matters
Roll Call: 6:09 p.m.
Present: Kesarwani, Taplin, Bartlett, Tregub, Hahn, Wengraf, Lunaparra, Humbert, Arreguin
Absent: None
Land Acknowledgement Statement: The City of Berkeley recognizes that the community we live in was built on the territory of xučyun (Huchiun (Hooch-yoon)), the ancestral and unceded land of the Chochenyo (Cho-chen-yo)-speaking Ohlone (Oh-low-nee) people, the ancestors and descendants of the sovereign Verona Band of Alameda County. This land was and continues to be of great importance to all of the Ohlone Tribes and descendants of the Verona Band. As we begin our meeting tonight, we acknowledge and honor the original inhabitants of Berkeley, the documented 5,000-year history of a vibrant community at the West Berkeley Shellmound, and the Ohlone people who continue to reside in the East Bay. We recognize that Berkeley’s residents have and continue to benefit from the use and occupation of this unceded stolen land since the City of Berkeley’s incorporation in 1878. As stewards of the laws regulating the City of Berkeley, it is not only vital that we recognize the history of this land, but also recognize that the Ohlone people are present members of Berkeley and other East Bay communities today. The City of Berkeley will continue to build relationships with the Lisjan Tribe and to create meaningful actions that uphold the intention of this land acknowledgement.
Ceremonial Matters
1. Recognition of Ray Yep, City of Berkeley Transportation and Infrastructure Commissioner
2. Adjourned in Memory of Joseph (Joe) Panicali, Physician and Community Volunteer City Manager Comments: None.
Public Comment on Non-Agenda Matters: 10 speakers.
Public Comment by Employee Unions (first regular meeting of the month): 2 speakers.
Action: M/S/C (Arreguin/Tregub) to accept an urgency item from Mayor Arreguin pursuant to Government Code Section 54954.2(b)(2) entitled Excused Absence for Councilmember Hahn. Added to the Consent Calendar.
Vote: All Ayes.
Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 18 speakers.
Action: M/S/C (Arreguin/Tregub) to adopt the Consent Calendar in one motion except as indicated.
Vote: All Ayes.
Consent Calendar
Tuesday, November 12, 2024 MINUTES Page 3
Urgent Item: Excused Absence for Councilmember Hahn
From: Mayor Arreguin (Author)
Recommendation: Excuse Councilmember Sophie Hahn from the October 29, 2024 Council meeting due to illness.
Financial Implications: None
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Approved recommendation.
1. Cooperative Agreement with East Bay Regional Parks District From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into an agreement with East Bay Regional Parks District from October 15, 2024, to October 14, 2029, to collaborate to manage free-roaming cat populations in East Bay Parks, educate the public, and minimize the impact on sensitive wildlife areas.
Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000 Action: Adopted Resolution No. 71,560–N.S.
2. Amendment to Contract No. 108410-1: Paw Fund for Spay and Neuter Services From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend the contract with Paw Fund (Contract #108410-1) to provide no-cost spay and neuter surgeries to eligible pet owners and shelter animals for FY 2025, increasing the contract amount by $10,000 for a new total contract amount not to exceed $144,466 and extending the term of the contract to October 31, 2026.
Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000 Action: Adopted Resolution No. 71,561–N.S.
3. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on November 12, 2024
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval.
Financial Implications: Various Funds - $10,200,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Approved recommendation.
Council Consent Items
Tuesday, November 12, 2024 MINUTES Page 4
4. Berkeley Holiday Fund: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Mayor Arreguin (Author)
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember including $500 from Mayor Arreguin to the Berkeley Holiday Fund’s annual campaign 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: Mayor's Discretionary Fund - $500 Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Adopted Resolution No. 71,562–N.S. amended to include contributions from the following Councilmembers up to the amounts listed: Vice-Mayor Wengraf - $500; Councilmember Taplin - $500; Councilmember Hahn - $500; Councilmember Tregub - $100; Councilmember Humbert - $500; Councilmember Kesarwani - $100; Councilmember Bartlett - $250; Councilmember Lunaparra - $200.
5. Budget Referral Funding South Cove Seawall Design Project From: Councilmember Taplin (Author)
Recommendation: Refer to the November 2024 AAO#1 budget process $250,000 for the funding of the South Cove Seawall Design Project.
Financial Implications: See report
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Approved recommendation.
6. Budget Referral Funding F and G Dock Deck Replacement From: Councilmember Taplin (Author)
Recommendation: Refer to the November 2024 AAO#1 budget process $500,000 for the funding of F and G dock deck replacement.
Financial Implications: See report
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Approved recommendation.
7. Budget Referral Funding Afterschool Program Expansion From: Councilmember Taplin (Author)
Recommendation: Refer to the November 2024 AAO#1 budget process $300,000 to fund afterschool program expansion.
Financial Implications: See report
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Approved recommendation.
Council Consent Items
Tuesday, November 12, 2024 MINUTES Page 5
8. Budget Referral: One-Time $50,000 Funding for a Traffic Study and Pedestrian Safety Operations at the Pedestrian Crossing on Shattuck Avenue and Delaware Street
From: Councilmember Tregub (Author), Councilmember Hahn (Co-Sponsor) Recommendation: Refer $50,000 to the November 2024 AAO #1 budget process for one-time funding for a traffic study and pedestrian safety operations at the pedestrian crossing on Shattuck Avenue at Delaware Street with the aim to significantly improve safety for all residents. If any funds remain after the study is conducted, direct the remainder of the funds towards designing and implementing safety measures at this crosswalk.
Financial Implications: See report
Contact: Igor Tregub, Councilmember, District 4, (510) 981-7140 Action: Approved recommendation as revised in Supplemental Communications Packet #2 from Councilmember Tregub to read as follows: Refer $125,000 to the November 2024 AAO #1 budget process for one-time funding for safety improvements and inspections at the pedestrian crossing on Shattuck Avenue at Delaware Street with the aim to significantly improve safety for all residents. If any funds remain after the study is conducted, direct the remainder of the funds towards repaving or pavement rehabilitation work at this crosswalk.
9. Budget Referral: One-Time $30,000 Funding to Install an Accessible Pedestrian Signal (APS) at the intersection of Sacramento Street and Allston Way From: Councilmember Tregub (Author)
Recommendation: Refer $30,000 to the November 2024 AAO#1 budget process for one-time funding to install an Accessible Pedestrian Signal (APS) at Allston Way and Sacramento Street Intersection.
Financial Implications: See report
Contact: Igor Tregub, Councilmember, District 4, (510) 981-7140 Action: Approved recommendation as revised in Supplemental Communications Packet #2 from Councilmember Tregub.
10. Budget Referral and Technical Support for the Berkeley Art Center From: Councilmember Hahn (Author)
Recommendation: Direct the City Manager to support the Berkeley Art Center (BAC) during a time of financial crisis with technical assistance and other resources at the City’s disposal, and to work with BAC to develop a long-term plan for viability.
Refer to the November Budget Process a one-time emergency grant of $100,000 for the Berkeley Art Center, pending review of the organization’s current financial status and plans for long-term recovery by the City’s Economic Development and Civic Arts team.
Financial Implications: See report
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150 Action: Approved recommendation.
Council Consent Items
Tuesday, November 12, 2024 MINUTES Page 6
11. Referral to the November 2024 AAO1 Budget Process for $150,000 to Create a Five-Year Sustainable and Comprehensive Recovery Plan for the Arts and Culture Sector in Berkeley
From: Councilmember Wengraf (Author)
Recommendation: Referral to the November 2024 AAO1 Budget Process for $150,000 to engage a consultant to develop a multi-year comprehensive road map to support, maintain and sustain a resilient Arts and Culture sector in Berkeley. The results of this plan will be critical to guiding and informing discussion and consideration of a ballot measure in support of the Arts in 2026.
Financial Implications: See report
Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160 Action: Added Councilmember Lunaparra as a co-sponsor. Approved recommendation as revised in Supplemental Communications Packet #1 from Vice Mayor Wengraf to add Councilmembers Hahn and Tregub as co-sponsors.
12. Referral to the November 2024 AAO1 Budget Process for $250,000 for the design and planning for replacement of play structures and ADA access improvements at Glendale La Loma Park
From: Councilmember Wengraf (Author)
Recommendation: Referral to the November 2024 AAO1 Budget Process for $250,000 for design and planning for replacement of play structures and design of ADA access in Glendale La Loma Park.
Financial Implications: See report
Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160 Action: Approved recommendation.
13. Budget Referral: Create a City park at Parkside Drive terminus median From: Councilmember Humbert (Author)
Recommendation: Refer $150,000 to the November 2024 AAO#1 budget process for consultants, conceptual design, and public engagement for converting the median informally known as “Round Park” (and possibly other nearby medians) to an official City park. Longer-term improvements could include but are not limited to ADA access, fencing, improved landscaping, and signage and would be funded separately.
Financial Implications: See report
Contact: Mark Humbert, Councilmember, District 8, (510) 981-7180 Action: Approved recommendation.
Council Consent Items
Tuesday, November 12, 2024 MINUTES Page 7
14. Budget Referral: One-time $70,000 bridge funding to the Bread Project From: Councilmember Humbert (Author), Councilmember Tregub (Author) Recommendation: Refer $70,000 to the November 2024 AAO#1 budget process for one-time bridge funding for the Bread Project, a Berkeley non-profit that provides job training (with an emphasis on culinary work) and soft skills development for economically disadvantaged and systems-impacted individuals.
Financial Implications: See report
Contact: Mark Humbert, Councilmember, District 8, (510) 981-7180 Action: Added Councilmembers Bartlett and Kesarwani as co-sponsors. Approved recommendation.
Action Calendar – Public Hearings
15. Contract: Ava Community Energy for Energy Resilient Critical Municipal Facilities “Solar + Storage”
From: City Manager
Recommendation: Conduct a public hearing, and upon conclusion adopt a Resolution authorizing the City Manager to negotiate and execute a Power Purchase Agreement (PPA) contract and any amendments, extensions, or change orders with Ava Community Energy, to install solar and battery back-up storage systems at critical municipal facilities.
Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Public Testimony: The Vice-Mayor opened the public hearing. 2 speakers.
M/S/C (Taplin/Hahn) to close the public hearing.
Vote: All Ayes.
Action: M/S/C (Tregub/Humbert) to adopt Resolution No. 71,563–N.S.
Vote: All Ayes.
Action Calendar – Old Business
16. Amending BMC Section 9.04.165 -Tax Exemption for Research & Development Grants (Continued from October 15, 2024)
From: Mayor Arreguin (Author)
Recommendation: Adopt a first reading of an Ordinance amending Berkeley Municipal Code Section 9.04.165 to exempt the taxation of business gross receipts relating to government and philanthropic research and development grants in the public interest.
Financial Implications: See report.
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: 23 speakers. Councilmembers Humbert and Tregub added as a co- sponsors. M/S/C (Arreguin/Wengraf) to adopt first reading of Ordinance No. 7,937– N.S. Second reading scheduled for December 3, 2024.
Vote: All Ayes.
Action Calendar – New Business
Tuesday, November 12, 2024 MINUTES Page 8
17. Pursuant to Chapter 2.99 of the Berkeley Municipal Code Annual Surveillance Technology Report for Body Worn Cameras, GPS Trackers, Fixed Surveillance Video Cameras, Automatic License Plate Readers, the Street Level Imagery Project, and Unmanned Aerial Systems (UAS)
From: City Manager
Recommendation: Pursuant to Chapter 2.99 of the Berkeley Municipal Code, adopt a Resolution accepting the Surveillance Technology Report for Body Worn Cameras, GPS Trackers, Fixed Surveillance Video Cameras, Automatic License Plate Readers, the Street Level Imagery Project, and Unmanned Aerial Systems (UAS).
Financial Implications: None.
Contact: Jennifer Louis, Police, (510) 981-5900, Terrance Davis, Public Works, (510) 981-6300
Action: Moved Item 17 to the Consent Calendar. Approved recommendation.
Vote: Ayes – Kesarwani, Taplin, Bartlett, Tregub, Hahn, Wengraf, Humbert, Arreguin; Noes – None; Abstain – Lunaparra; Absent – None. 18a. Resolution Opposing the Criminalization of Poverty and Homelessness From: Peace and Justice Commission
Recommendation: Adopt a resolution that the City of Berkeley Council opposing the criminalization of poverty and homelessness including:
City of Berkeley will continue to operate under the framework of Martin v. Boise, as permitted under the recent Supreme Court decision in Grants Pass v. Johnson, and refrain from any criminalization or effective prohibition of sleeping while unhoused, including citation or arrest simply for sleeping outside if no adequate shelter is available, without precluding enforcement of laws banning actions that threaten the health and safety of the whole community.
The City of Berkeley shall strengthen its commitment to connecting unhoused people with vital services including adequate short-term shelter and regional permanent supportive housing solutions.
Financial Implications: None
Contact: Okeya Vance-Dozier, Commission Secretary, (510) 981-7100
Action Calendar – New Business
Tuesday, November 12, 2024 MINUTES Page 9
18b. Companion Report: Resolution Opposing the Criminalization of Poverty and Homelessness
From: City Manager
Recommendation: The City Council has already adopted an encampment policy that is consistent with the Commission’s resolution by adopting the amended September 10, 2024 item, “Encampment Policy Resolution to Promote Healthy and Safe Neighborhoods and Related First Reading of Ordinance Amending Chapter
14.48 of the Berkeley Municipal Code.” Therefore there is no need to take any action on the Peace and Justice Commission’s resolution and the City Manager recommends taking no action.
Financial Implications: None
Contact: Peter Radu, City Manager's Office, (510) 981-7000 Action: Moved Items 18a and 18b to the Consent Calendar to take no action on Item 18a and approve the recommendation of 18b.
Vote: Ayes – Kesarwani, Taplin, Bartlett, Tregub, Hahn, Wengraf, Humbert, Arreguin; Noes – None; Abstain – Lunaparra; Absent – None.
Information Reports
19. Civic Arts Commission Final FY25 Work Plan
From: Civic Arts Commission
Contact: Jennifer Lovvorn, Commission Secretary, (510) 981-7530 Action: Received and filed.
20. Fiscal Year 2025 Public Art Budget
From: Civic Arts Commission
Contact: Jennifer Lovvorn, Commission Secretary, (510) 981-7530 Action: Received and filed.
Adjournment
Action: M/S/C (Arreguin/Kesarwani) to suspend the rules and adjourn the meeting.
Vote: All Ayes.
Adjourned at 9:17 p.m.
I hereby certify that the foregoing is a true and correct record of the regular meeting held on November 12, 2024.
________________________
Rose Thomsen, Deputy City Clerk
Tuesday, November 12, 2024 MINUTES Page 10
Communications
Item #8: Budget Referral: One-Time $50,000 Funding for a Traffic Study and Pedestrian Safety Operations at the Pedestrian Crossing on Shattuck Avenue and Delaware Street
1. Annetta Lipman
2. Wahid Amiri
Item #16: Amending BMC Section 9.04.165 -Tax Exemption for Research & Development Grants (Continued from October 15, 2024)
3. Lynn Sherrell
Item #18a: Resolution Opposing the Criminalization of Poverty and Homelessness
4. Erika Shore (2)
5. Cassandra Turgman (2)
Council Emails
6. Ace Stratton
Safety Concerns
7. Jacques Watteyne
8. Ellen Archilla
9. Penny Barron
Middle East Conflict
10.Summer Brenner
11.Gail Shay
12.Kelly Hammargren
13.Sarah Rahimi
14.Ilana Pearlman
Missing Middle/Upzoning
15.Cordula Didier (2)
16.Steven M. Lipson
17.Victoria Kahn (2)
18.Claire Kahane
19.Mari Kalishock and Eric Bishop
20.David Rice
21.Mel Law (2)
22.Dr. A. Boersma
23.Rachel Bradley
24.Carol and Bruce Feldman
25.Susan Rook-Thomas
26.James Loza
27.Lincoln Smith
Tuesday, November 12, 2024 MINUTES Page 11
28.Stephen Born (2)
29.Marjorie Winter
30.Fred Krieger
31.Theo Posselt
32.Sarah Deeds
33.Paula Morgan
34.Vicki Sommer
35.Andrea Yankowski
36.Barbara Rydlander
37.Peter Samis
38.Melanie Lawrence and John Smail
39.Summer Brenner
40.Beryl Slevin
41.Jason Warriner
42.Chris Gilbert
43.Carol Hirth
44.Jenny Johnston
45.Dorothea Dorenz
46.Heike Helmer
47.Jack Kurzweil
48.Willie Phillips
49.Rena Rickles
50.Judy Bertelsen (4)
51.Kate H Consulting (2)
52.Michael K.
Parkside Drive
53.Carl Martineau
Parking Stickers
54.Elizabeth Arenas
Housing Situation Concern
55.Jonny Ruel
Ballot Concerns
56.Anonymous concerned voter
57.Dorothea Dorenz
Berkeley Public Eye
58.Bernard
First Year Free
59.June and Robert Safran
60.Betsy Bigelow-Teller
61.Marni Welch
Tuesday, November 12, 2024 MINUTES Page 12
California Energy Commission
62.Elsa M. Beljean
La Pena Cultural Center
63.Luis Medina
Injury Concern
64.Max Ventura
Encampment Concerns
65.Susan Schwartz (2)
66.Diana Bohn
Construction Permit Concern
67.Unknown
BrasArte
68.BrasArte Board Members
Tax Concern
69.Barbara Gilbert
Musical
70.Jamie Greenblatt
Newsletters
71.Vivian Warkentin (2)
URL’s
72.Russbumper (2)
73.Josh Atwood (4)
74.Keith Bayne
Forwards of Current Events
75.Josh Atwood (3)
76.Eid (6)
Supplemental Communications and Reports 1
Urgent Item: Excused Absence for Councilmember Hahn
77.Mayor Jesse Arreguin
Item #5: Referral to the November FY 2025 AAO1 Budget Process for $150,000 to Create a Five-Year Sustainable and Comprehensive Recovery Plan for the Arts and Culture Sector in Berkeley
78.Revised agenda material submitted by Vice Mayor Susan Wengraf
Tuesday, November 12, 2024 MINUTES Page 13
Supplemental Communications and Reports 2
Item #8: Budget Referral: One-Time $50,000 Funding for a Traffic Study and Pedestrian Safety Operations at the Pedestrian Crossing on Shattuck Avenue and Delaware Street
79.Revised material submitted by Councilmember Igor Tregub Item #9: Budget Referral: One-Time $30,000 Funding to Install an Accessible Pedestrian Signal (APS) at the intersection of Sacramento Street and Allston Way
80.Revised material submitted by Councilmember Igor Tregub Item #16: Amending BMC Section 9.04.165 -Tax Exemption for Research & Development Grants (Continued from October 15, 2024)
81.Janice Murota, Ruth White, Esther Lerman and Robert Kinosian
82.Janice Murota, Robert Kinosian, Ruth White, Marguerite Lee, Leslie Sakai, Joan King Angell, Mary Frank, Victoria Parraga, Ragna Boynton, Kamala Visweswaran, Linda Skory, Johanna Clark, Ann Goldman, Diane Kanegae and Lorraine Lerman
83.Kelly Hammargren
84.Beth Roessner
85.Chris Eiben, Perlumi (2)
86.Joshua Yang
87.Wesley M. Jackson, Valitor
88.Melanie Cohn, Biocom California
89.Amanda Stiles
90.Xander Shapiro
91.Beth Zotter
92.Jill Fuss, Activate
93.Rachel Bradley
94.Kitt Saginor
95.Mary Oram
96.Berkeley Neighborhoods Council
97.Nancy Rader
98.Donna DeDiemar
99.Ellen Barth
100. David Brandon
101. Christopher Kroll
102. Drew Lilley
103. Vincent Casalaina
Item #18a: Resolution Opposing the Criminalization of Poverty and Homelessness
104. James Brook
Supplemental Communications and Reports 3
Friday, November 15, 2024 MINUTES Page 1
B E R K E L E Y C I T Y C O U N C I L
S P E C I A L M E E T I N G M I N U T E S
FRIDAY, NOVEMBER 15, 2024
4:00 P.M.
REDWOOD ROOM – 2180 MILVIA STREET, BERKELEY, CA 94704
TELECONFERENCE LOCATION - 1619 EDITH STREET, BERKELEY, CA 94703
JESSE ARREGUIN, MAYOR
Councilmembers:
DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – CECILIA LUNAPARRA DISTRICT 4 – IGOR TREGUB DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in-person attendance and virtual participation.
To access the meeting remotely use this URL: https://cityofberkeley-info.zoomgov.com/j/1612632307. To request to speak, use the “raise hand” function in Zoom. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 161 263 2307. To provide public comment, Press *9 and wait to be recognized by the Chair. To submit a written communication for the public record, email [email protected].
This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953. Any member of the public may attend this meeting, however, if you are feeling sick, please do not attend the meeting in person.
The City Council may take action related to any subject listed on the Agenda.
Pursuant to the City Council Rules of Procedure and State Law, the presiding officer may remove, or cause the removal of, an individual for disrupting the meeting. Prior to removing an individual, the presiding officer shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The presiding officer may then remove the individual if they do not promptly cease their disruptive behavior. “Disrupting” means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, a failure to comply with reasonable and lawful regulations adopted by a legislative body, or engaging in behavior that constitutes use of force or a true threat of force.
Government Code Section 84308 (Levine Act) - Parties to a proceeding involving a license, permit, or other entitlement for use are required to disclose if they made contributions over $250 within the prior 12 months to any City employee or officer. Parties and participants with a financial interest are prohibited from making more than $250 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding.
The above contribution disclosures and restrictions do not apply when the proceeding is competitively bid, or involves a personnel or labor contract. For more information, see Government Code Section 84308.
Attachment 3
Friday, November 15, 2024 MINUTES Page 2
Preliminary Matters
Roll Call: 4:11 p.m.
Present: Kesarwani, Taplin, Bartlett, Lunaparra, Humbert, Arreguin
Absent: Tregub, Hahn, Wengraf
Councilmember Tregub present at 4:33 p.m.
Councilmember Hahn present at 4:33 p.m.
Public Comment - Limited to items on this agenda only – 0 speakers CLOSED SESSION:
The City Council will convene in closed session to meet concerning the following:
1. CONFERENCE WITH LABOR NEGOTIATORS; GOVERNMENT CODE SECTION 54957.6 Negotiators: Paul Buddenhagen, City Manager, LaTanya Bellow, Deputy City Manager, Anne Cardwell, Deputy City Manager, Aram Kouyoumdjian, Human Resources Director, Chaka Young, Employee Relations Manager, Jonathan Holtzman, Labor Negotiator, Burke Dunphy, Labor Negotiator
Employee Organizations: Berkeley Fire Fighters Association Local 1227 I.A.F.F., Berkeley Fire Fighters Association, Local 1227 I.A.F.F. / Berkeley Chief Fire Officers Association; Berkeley Police Association; SEIU 1021 Community Services and Part-time Recreation Activity Leaders, SEIU 1021 Maintenance and Clerical, Public Employee Union Local 1, Unrepresented Employees Action: No reportable action taken.
OPEN SESSION:
No reportable action taken.
Adjournment
Action: M/S/C (Arreguin/Lunaparra) to adjourn the meeting.
Vote: Ayes – Kesarwani, Taplin, Bartlett, Tregub, Wengraf, Lunaparra, Humbert, Arreguin; Noes – None; Abstain – None; Absent – Hahn.
Adjourned at 5:21 p.m.
I hereby certify that the foregoing is a true and correct record of the City Council closed session meeting held on November 15, 2024.
____________________________
Mark Numainville, City Clerk
Monday, November 18, 2024 MINUTES Page 1
M I N U T E S
S P E C I A L M E E T I N G O F T H E
B E R K E L E Y C I T Y C O U N C I L
Monday, November 18, 2024
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702
JESSE ARREGUIN, MAYOR
Councilmembers:
DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – CECILIA LUNAPARRA DISTRICT 4 – IGOR TREGUB DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in-person attendance and virtual participation. Live captioned broadcasts of Council meetings are available on B-TV (Channel 33) and via internet video stream at http://berkeley.granicus.com/MediaPlayer.php?publish_id=1244. All Council meetings are recorded.
To access the meeting remotely use this URL: https://cityofberkeley-info.zoomgov.com/j/1600846103. To request to speak, use the “raise hand” function in Zoom. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 160 084 6103 . To provide public comment, Press *9 and wait to be recognized by the Chair. To submit a written communication for the public record, email [email protected].
This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953. Any member of the public may attend this meeting, however, if you are feeling sick, please do not attend the meeting in person.
The City Council may take action related to any subject listed on the Agenda.
Pursuant to the City Council Rules of Procedure and State Law, the presiding officer may remove, or cause the removal of, an individual for disrupting the meeting. Prior to removing an individual, the presiding officer shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The presiding officer may then remove the individual if they do not promptly cease their disruptive behavior. “Disrupting” means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, a failure to comply with reasonable and lawful regulations adopted by a legislative body, or engaging in behavior that constitutes use of force or a true threat of force.
Government Code Section 84308 (Levine Act) - Parties to a proceeding involving a license, permit, or other entitlement for use are required to disclose if they made contributions over $250 within the prior 12 months to any City employee or officer. Parties and participants with a financial interest are prohibited from making more than $250 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding.
The above contribution disclosures and restrictions do not apply when the proceeding is competitively bid, or involves a personnel or labor contract. For more information, see Government Code Section 84308.
Attachment 4
Monday, November 18, 2024 MINUTES Page 2
Preliminary Matters
Roll Call: 6:09 p.m.
Present: Kesarwani, Taplin, Bartlett, Tregub, Hahn, Wengraf, Lunaparra, Humbert
Absent: Arreguin
Councilmember Hahn participated remotely pursuant to the just cause provisions of the Brown Act as amended by AB 2449.
Action Calendar
The public may comment on each item listed on the agenda for action. For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again during the Action Calendar public comment period on the item.
The Presiding Officer will request that persons wishing to speak line up at the podium, or use the "raise hand" function in Zoom, to determine the number of persons interested in speaking at that time. If ten or fewer persons are interested in speaking on an individual agenda item, each speaker may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield 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.
The Presiding Officer may open and close an additional comment period for Action items on this agenda (excluding any public hearings, appeals, and/or quasi-judicial matters), at the start of the Action Calendar.
Those who speak on an item during this comment period may not speak a second time when the item is taken up by Council.
1. Update on the Waterfront Specific Plan for the City of Berkeley Public Tidelands Area
From: City Manager
Recommendation: Provide feedback and direction on how to proceed with the Waterfront Specific Plan process.
Financial Implications: None
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: 22 speakers. M/S/C (Taplin/Kesarwani) to provide direction to staff to 1) complete the parking study; 2) prepare a nature and recreation-based conceptual plan for Caesar Chavez Park; 3) proceed with the EIR with the highest development scenario; and 4) return to Council with the revised Specific Plan and certification of the EIR.
Vote: Ayes - Kesarwani, Taplin, Bartlett, Tregub, Hahn, Wengraf, Lunaparra, Humbert; Noes – None; Abstain – None; Absent – Arreguin.
Adjournment
Action: M/S/C (Kesarwani/Tregub) to adjourn the meeting.
Vote: Ayes - Kesarwani, Taplin, Bartlett, Tregub, Wengraf, Lunaparra, Humbert; Noes – None; Abstain – None; Absent – Hahn, Arreguin.
Monday, November 18, 2024 MINUTES Page 3
Adjourned at 8:25 p.m.
I hereby certify that the foregoing is a true and correct record of the City Council special meeting held on November 18, 2024.
____________________________
Mark Numainville, City Clerk
Communications
None
Supplemental Communications and Reports 1
None
Supplemental Communications and Reports 2
Item #1: Update on the Waterfront Specific Plan for the City of Berkeley Public Tidelands Area
1. Martin Nicolaus
2. Camille Antinori
3. Roger Miller, Parks, Recreation, and Waterfront Commission
4. Paul Kamen
5. Gordon Stout (3)
6. Rachel Bradley
7. Virginia Browning (2)
8. Sally Tobin
Supplemental Communications and Reports 3
Item #1: Update on the Waterfront Specific Plan for the City of Berkeley Public Tidelands Area
9. Presentation submitted by the Parks and Recreation Department
10.Doug Yamamoto
11.Heike Helmer
Tuesday, November 19, 2024 MINUTES Page 1
B E R K E L E Y C I T Y C O U N C I L
S P E C I A L M E E T I N G M I N U T E S
TUESDAY, NOVEMBER 19, 2024
4:00 P.M.
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702
JESSE ARREGUIN, MAYOR
Councilmembers:
DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – CECILIA LUNAPARRA DISTRICT 4 – IGOR TREGUB DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in-person attendance and virtual participation.
To access the meeting remotely use this URL: https://cityofberkeley-info.zoomgov.com/j/1604706234. To request to speak, use the “raise hand” function in Zoom. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 160 470 6234. To provide public comment, Press *9 and wait to be recognized by the Chair. To submit a written communication for the public record, email [email protected].
This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953. Any member of the public may attend this meeting, however, if you are feeling sick, please do not attend the meeting in person.
The City Council may take action related to any subject listed on the Agenda.
Pursuant to the City Council Rules of Procedure and State Law, the presiding officer may remove, or cause the removal of, an individual for disrupting the meeting. Prior to removing an individual, the presiding officer shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The presiding officer may then remove the individual if they do not promptly cease their disruptive behavior. “Disrupting” means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, a failure to comply with reasonable and lawful regulations adopted by a legislative body, or engaging in behavior that constitutes use of force or a true threat of force.
Government Code Section 84308 (Levine Act) - Parties to a proceeding involving a license, permit, or other entitlement for use are required to disclose if they made contributions over $250 within the prior 12 months to any City employee or officer. Parties and participants with a financial interest are prohibited from making more than $250 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding.
The above contribution disclosures and restrictions do not apply when the proceeding is competitively bid, or involves a personnel or labor contract. For more information, see Government Code Section 84308.
Attachment 5
Tuesday, November 19, 2024 MINUTES Page 2
Preliminary Matters
Roll Call: 4:15 p.m.
Present: Taplin, Bartlett, Hahn, Wengraf, Lunaparra, Humbert, Arreguin
Absent: Kesarwani, Tregub
Councilmember Tregub present at 4:16 p.m.
Councilmember Kesarwani present at 4:22 p.m.
Public Comment - Limited to items on this agenda only – 11 speakers CLOSED SESSION:
The City Council will convene in closed session to meet concerning the following:
1. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(2)
a. WCAB Matter #ADJ16181002 and Claim # BER2200087
Action: M/S/C (Arreguin/Tregub) to provide directions to outside counsel and approve a stipulated settlement of permanent disability with an Award of lifetime future medical care, or in the alternative, by Compromise and Release with a release of future medical care, as to a workers’ compensation matter #BER2200087 and a WCAB Case Number ADJ16181002.
Vote: All Ayes.
2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(D)(1):
a. DS Properties 17 LP v. City of Berkeley, Alameda Superior Court, Case No. 23CV038353 Action: Item 2.a. removed from the agenda.
b. Prado, et al. v. City of Berkeley, USDC Case No. 3:23-cv-04537-EMD, in the US District Court for the Northern District of California.
Action: No reportable action taken.
3. CONFERENCE WITH LABOR NEGOTIATORS; GOVERNMENT CODE SECTION 54957.6 Negotiators: Paul Buddenhagen, City Manager, LaTanya Bellow, Deputy City Manager, Anne Cardwell, Deputy City Manager, Aram Kouyoumdjian, Human Resources Director, Chaka Young, Employee Relations Manager, Jonathan Holtzman, Labor Negotiator, Burke Dunphy, Labor Negotiator
Employee Organizations: Berkeley Fire Fighters Association Local 1227 I.A.F.F., Berkeley Fire Fighters Association, Local 1227 I.A.F.F. / Berkeley Chief Fire Officers Association; Berkeley Police Association; SEIU 1021 Community Services and Part-time Recreation Activity Leaders, SEIU 1021 Maintenance and Clerical, Public Employee Union Local 1, Unrepresented Employees Action: No reportable action taken.
Tuesday, November 19, 2024 MINUTES Page 3
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTIONS 54956.8:
Property Address: 3201 Adeline Street, Berkeley CA
Agency Negotiators: LaTanya Bellow, City Manager’s Office; Dionne Early, Public Works Negotiating Parties: City of Berkeley and the Black Repertory Group Property Owner: City of Berkeley
Under Negotiation: Lease Price and Terms
Action: No reportable action taken.
OPEN SESSION:
The City Council met in closed session on November 19, 2024, Pursuant to Government Code Section 54956.9(d)(2) and provided directions to outside counsel and approved a stipulated settlement of permanent disability with an Award of lifetime future medical care, or in the alternative, by Compromise and Release with a release of future medical care, as to a workers’ compensation matter #BER2200087 and a WCAB Case Number ADJ16181002.
Adjournment
Action: M/S/C (Arreguin/Tregub) to adjourn the meeting.
Vote: All Ayes.
Adjourned at 7:01 p.m.
I hereby certify that the foregoing is a true and correct record of the closed session meeting held on November 19, 2024.
___________________________
Mark Numainville, City Clerk
Tuesday, November 19, 2024 MINUTES Page 1
MINUTES
BERKELEY CITY COUNCIL MEETING
Tuesday, November 19, 2024
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702
JESSE ARREGUIN, MAYOR
Councilmembers:
DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – CECILIA LUNAPARRA DISTRICT 4 – IGOR TREGUB DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in-person attendance and virtual participation. Live captioned broadcasts of Council meetings are available on B-TV (Channel 33) and via internet video stream at http://berkeley.granicus.com/MediaPlayer.php?publish_id=1244. All Council meetings are recorded.
To access the meeting remotely use this URL: https://cityofberkeley-info.zoomgov.com/j/1613688984. To request to speak, use the “raise hand” function in Zoom. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 161 368 8984. To provide public comment, Press *9 and wait to be recognized by the Chair. To submit a written communication for the public record, email [email protected].
This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953. Any member of the public may attend this meeting, however, if you are feeling sick, please do not attend the meeting in person.
The City Council may take action related to any subject listed on the Agenda.
Pursuant to the City Council Rules of Procedure and State Law, the presiding officer may remove, or cause the removal of, an individual for disrupting the meeting. Prior to removing an individual, the presiding officer shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The presiding officer may then remove the individual if they do not promptly cease their disruptive behavior. “Disrupting” means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, a failure to comply with reasonable and lawful regulations adopted by a legislative body, or engaging in behavior that constitutes use of force or a true threat of force.
Government Code Section 84308 (Levine Act) - Parties to a proceeding involving a license, permit, or other entitlement for use are required to disclose if they made contributions over $250 within the prior 12 months to any City employee or officer. Parties and participants with a financial interest are prohibited from making more than $250 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding.
The above contribution disclosures and restrictions do not apply when the proceeding is competitively bid, or involves a personnel or labor contract. For more information, see Government Code Section 84308.
Attachment 6
Tuesday, November 19, 2024 MINUTES Page 2
Preliminary Matters
Roll Call: 7:07 p.m.
Present: Kesarwani, Taplin, Bartlett, Tregub, Hahn, Wengraf, Lunaparra, Humbert, Arreguin
Absent: None
Report from Closed Session:
The City Council met in closed session on November 19, 2024, Pursuant to Government Code Section 54956.9(d)(2) and provided directions to outside counsel and approved a stipulated settlement of permanent disability with an Award of lifetime future medical care, or in the alternative, by Compromise and Release with a release of future medical care, as to a workers’ compensation matter #BER2200087 and a WCAB Case Number ADJ16181002.
Land Acknowledgement Statement: The City of Berkeley recognizes that the community we live in was built on the territory of xučyun (Huchiun (Hooch-yoon)), the ancestral and unceded land of the Chochenyo (Cho-chen-yo)-speaking Ohlone (Oh-low-nee) people, the ancestors and descendants of the sovereign Verona Band of Alameda County. This land was and continues to be of great importance to all of the Ohlone Tribes and descendants of the Verona Band. As we begin our meeting tonight, we acknowledge and honor the original inhabitants of Berkeley, the documented 5,000-year history of a vibrant community at the West Berkeley Shellmound, and the Ohlone people who continue to reside in the East Bay. We recognize that Berkeley’s residents have and continue to benefit from the use and occupation of this unceded stolen land since the City of Berkeley’s incorporation in 1878. As stewards of the laws regulating the City of Berkeley, it is not only vital that we recognize the history of this land, but also recognize that the Ohlone people are present members of Berkeley and other East Bay communities today. The City of Berkeley will continue to build relationships with the Lisjan Tribe and to create meaningful actions that uphold the intention of this land acknowledgement.
Ceremonial Matters:
1. Adjourned in Memory of Ben Brown, Berkeley Resident
2. Recognition of Outgoing Mayor Jesse Arreguin and Vice-Mayor Susan Wengraf City Auditor Comments:
The City Auditor recognized Mayor Arreguin and Vice-Mayor Wengraf for their many years of service to the City of Berkeley.
City Manager Comments: None
Public Comment on Non-Agenda Matters: 10 speakers.
Consent Calendar
Tuesday, November 19, 2024 MINUTES Page 3
Public Comment on Consent Calendar and Information Items Only: 21 speakers.
Action: M/S/C (Arreguin/Humbert) to adopt the Consent Calendar in one motion except as indicated.
Vote: All Ayes.
1. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of October 1, 2024 (regular), October 15, 2024 (regular), October 21, 2024 (closed), October 29, 2024 (special and regular).
Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Approved the minutes as submitted.
2. 2024 Annual Commission Attendance and Meeting Frequency Report From: City Manager
Recommendation: In accordance with Resolution No. 71,109-N.S., review and accept the 2024 Annual Commission Attendance and Meeting Frequency Report.
Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Approved recommendation.
3. Contract: Dorothy Day House to Operate Interim Housing at the Howard Johnson Motel
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and all necessary amendments with Dorothy Day House to operate an interim housing program at the Howard Johnson Motel (1619 University Ave.) in an amount not to exceed $5,313,826.28 for the period of November 12, 2024 to December 31, 2028.
Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000 Action: Adopted Resolution No. 71,564–N.S.
4. Encampment Resolution Funding Round 3 Grant Award
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to receive a $5,395,637.04 Encampment Resolution Funding Round 3 grant award from the State of California, and to enter into contract and all necessary amendments with the State of California resulting from this funding.
Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000 Action: Adopted Resolution No. 71,565–N.S.
Consent Calendar
Tuesday, November 19, 2024 MINUTES Page 4
5. Urgency Ordinance for Leasing the Real Property at 1512 University Avenue From: City Manager
Recommendation: Adopt an Urgency Ordinance to enter into a lease for the real property located at 1512 University Avenue, Berkeley for a term of 48 months.
Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000 Action: Adopted Urgency Ordinance No. 7,938–N.S.
6. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on November 19, 2024
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Approved recommendation.
7. Contract: Royal for Mental Health Ambulance Transport Services From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Royal Ambulance (Contractor) to provide the following mental health related transport services for the City from January 1, 2025 to December 31, 2027, in an amount up to $6,000,000, with an option to extend for three additional years in one-year increments, for a total contract amount not to exceed $12,000,000.
Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
Action: Adopted Resolution No. 71,566–N.S.
8. Contract No. 32300144 Amendment: Resource Development Associates for Specialized Care Unit (SCU) Evaluation
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or his designee to amend Contract No. 32300144 with Resource Development Associates (RDA) to add $40,000 for a not-to-exceed total contract amount of $290,000.
Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,567–N.S.
Consent Calendar
Tuesday, November 19, 2024 MINUTES Page 5
9. Request for Proposals for Housing Trust Fund Rehabilitation Projects From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to release a Request for Proposals (RFP) for approximately $6 million in Housing Trust Fund (HTF) program funds to support the rehabilitation of existing affordable rental housing developments in the City’s HTF portfolio, to certify Community Housing Development Organizations (CHDO), and to award CHDO operating support.
Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,568–N.S.
10. Revenue Contract: 2025 Community Services Block Grant From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or his designee to accept the 2025 Community Services Block Grant (CSBG) to provide services for low-income people for the period January 1, 2025 to April 30, 2026.
Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,569–N.S.
11. Contract No. 112798-1 Amendment: Geographic Technologies Group for Geographic Information System (GIS) Strategic Workplan
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 112798-1 with Geographic Technologies Group (GTG) for Geographic Information System (GIS) professional services, for a total not to exceed $50,000 and for a total contract value of $549,411 from September 14, 2016 to June 30, 2026.
Financial Implications: See report
Contact: Kevin Fong, Information Technology, (510) 981-6500 Action: Adopted Resolution No. 71,570–N.S.
12. Exclusive Negotiating Agreement with TSA Holdings, LLC, for the Property at 199 Seawall Drive
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or his designee to execute an Exclusive Negotiating Agreement (ENA) with TSA Holdings, LLC (TSA) to develop a lease agreement for the lease of City property at 199 Seawall Drive.
Financial Implications: None
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,571–N.S.
Consent Calendar
Tuesday, November 19, 2024 MINUTES Page 6
13. Ashby BART Transit Oriented Development (TOD) Legal Agreements From: City Manager
Recommendation: Adopt first reading of an Ordinance that:
1. Authorizes the City Manager to execute contractual agreements with San Francisco Bay Area Rapid Transit District (BART) in order to effectuate transit- oriented development in accordance with the nonbinding term sheet adopted by Council on September 16, 2024 (Resolution No. 71,514-N.S.) and executed by the City and BART on September 21, 2024; and
2. Adopts the Addendum to the Ashby and North Berkeley BART Stations Transit Oriented Development (TOD) Zoning Project EIR and the Adeline Corridor Specific Plan EIR.
Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Adopted first reading of Ordinance No. 7,939–N.S. as revised in Supplemental Communications Packet #1 and #2 from the City Manager. Second reading scheduled for December 3, 2024.
14. Contract: Nema Construction for FY 2023 Street Light Maintenance Project From: City Manager
Recommendation: Adopt a Resolution: 1. Approving plans and specifications for the Street Rehabilitation FY 2023 Project, Specification No. 24-11668-C; 2. Accepting the bid of the lowest, responsive and responsible bidder, Nema Construction;
3. Authorizing the City Manager to execute a contract and any amendments, extensions, or other change orders until completion of the project, in accordance with the approved plans and specifications, in an amount not to exceed $424,465.
Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,572–N.S.
15. Contract: Sposeto Engineering, Inc. for Southwest Berkeley Bikeway and Bus Stop Improvements Project
From: City Manager
Recommendation: Adopt a Resolution, as a condition of receiving grant funding from the State of California Affordable Housing and Sustainable Communities (AHSC) program: 1. Approving plans and specifications for the Southwest Berkeley Bikeway and Bus Stop Improvements Project (“Project”), Specification Nos. 24- 11640-C & 24-11666-C; 2. Accepting the bid of Sposeto Engineering, Inc., the lowest responsive and responsible bidder; and 3. Authorizing the City Manager to execute a contract with Sposeto Engineering, Inc. and any amendments, extensions, and/or change orders until completion of the Project in accordance with the approved plans and specifications, in an amount not to exceed $2,390,000, which includes a 10 percent contingency for unforeseen circumstances.
Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,573–N.S.
Consent Calendar
Tuesday, November 19, 2024 MINUTES Page 7
16. Contract: Telegraph-Channing Parking Garage Restroom Renovation & Elevator Improvements Project
From: City Manager
Recommendation: Adopt a Resolution:1. Approving plans and specifications for Telegraph-Channing Parking Garage Restroom Renovation & Elevator Improvements Project (Project), Specification No. 22-11535-C; and 2. Accepting the bid of W.E. Lyons Construction Co. as the lowest, responsive and responsible bidder; and 3. Authorizing the City Manager to execute a contract and any amendments, extensions, or other change orders until the Project is completed in accordance with the approved plans and specifications for an amount not to exceed $2,413,689, which includes a contingency of $314,829.
Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,574–N.S.
17. Contract No. 10413C Amendment: LAZ Parking LLC for Managing City-Owned Off-Street Parking Facilities
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 10413C with LAZ Parking, LLC, a parking management company, to provide management services for the Telegraph Channing, Oxford, and Center Street garages, extending the term to December 31, 2026 and increasing the contract amount by $6,073,974 for a total not-to-exceed amount of $22,326,349.
Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,575–N.S.
18. Contract No. 31900036 Amendment: On-Call Civil Engineering Services, Bellecci & Associates, Inc.
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 31900036 with Bellecci & Associates, Inc. for on-call civil engineering services, increasing the contract amount by $750,000 for a total not-to- exceed the amount of $1,750,000 and extending the term of the contract to June 30, 2026.
Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,576–N.S.
Consent Calendar
Tuesday, November 19, 2024 MINUTES Page 8
19. Contract No. 31900162 Amendment: Pride Industries, Inc. Contract for Custodial Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 31900162 with Pride Industries, Inc. for citywide custodial services to: Approve additional appropriations related for performance of this contract and coverage of the Living Wage Ordinance in the amount of $1,100,000 for a total not-to-exceed amount of $6,225,735 which includes updated service rates for Year 6 of the agreement.
Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,577–N.S.
20. Contract No. 32000179 Amendment: Allied Universal Security Service for Citywide Unarmed Security Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32000179 with Allied Universal Security Service (formerly First Alarm Security & Patrol, Inc.) for citywide unarmed security services in the amount of $900,000 for a new total not to exceed $4,450,000 and extend the contract through February 28, 2026.
Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,578–N.S.
21. Contract No. 32300177 Amendment: Baker Tilly for On-Call Professional Development Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32300177 with Baker Tilly, increasing the contract by $100,000 for consulting services in a total amount not to exceed $125,000, with a contract end date of December 31, 2027.
Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,579–N.S.
Consent Calendar
Tuesday, November 19, 2024 MINUTES Page 9
22. Appointment of Maria Sol and Ashley (Jiahao) Gu to the Mental Health Commission
From: Mental Health Commission
Recommendation: Adopt two Resolutions approving the recommendation for appointment of Maria Sol and Ashley (Jiahao) Gu to the Mental Health Commission both as representatives of the Special Interest Category, Consumer. Maria Sol’s 3- year term will begin on November 20, 2024 and end on November 19, 2027. Ashley Gu’s 3-year term will begin on November 20, 2024 and end on November 19, 2027.
Financial Implications: None
Contact: Jamie Works-Wright, Commission Secretary, (510) 981-5400 Action: Adopted Resolution No. 71,580–N.S. (Appoint Maria Sol) and Resolution No. 71,581–N.S. (Appoint Ashley (Jiahao) Gu).
Council Consent Items
23. Exploring the Formation of Joint Powers Authority (JPA) or other entity to Publicly Finance the Development of a Hospital to Meet Regional Healthcare Needs
From: Mayor Arreguin (Author), Councilmember Hahn (Author) Recommendation: 1. Direct the City Manager and City Attorney to explore establishing legal and financial structures, such as a Joint Powers Authority (JPA) or Hospital District, with relevant East Bay jurisdictions, to facilitate public financing for a full service public acute and emergency care hospital serving Berkeley and the greater East Bay. 2. Authorize the City Manager and City Attorney to engage staff or consultants as needed, and submit further budget requests if additional resources are required.
Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Councilmembers Bartlett and Humbert added as co-sponsors. Item 23 referred to the Health, Life Enrichment, Equity & Community Committee for analysis.
24. Referral to City Manager: Equity for Black Berkeley (E4BB) Initiative From: Mayor Arreguin (Author)
Recommendation: Adopt a Resolution, recognizing the vision and goals of the Equity for Black Berkeley (E4BB, previously referred to as EBB), historicizing the work that has been completed to date, recognizing the current and past City staff and external stakeholders involved with E4BB, and maintaining E4BB as a priority of the City.
Refer to the City Manager the following actions to be taken:
1. Establish a representative for E4BB (the “E4BB Representative”) with the following responsibilities: a. Represent the City’s interests when relating to matters of the E4BB initiative; b. Liaise between City officials and external partners and parties associated with E4BB; c. Draft policies that advance the work aligned with vision and goals of E4BB in connection with the Mayor’s Office and other legislators within the City and across jurisdictions and agencies, as needed; d. Oversee and coordinate the implementation of work related to E4BB across the City and with external
Council Consent Items
Tuesday, November 19, 2024 MINUTES Page 10
stakeholders, providing updates to the Mayor’s Office, as appropriate; and e. Pursue internal and external resources and funding opportunities to advance the work of E4BB in the near- (1-2 years) and long-term (3+ years).
2. Determine the appropriate staffing and financial resources needed to monitor and communicate the implementation of the following existing and future projects and policies related to E4BB with the E4BB Representative: a. Implementation of Ashby BART TOD; b. Data collection and analysis of the impact of the Preference Policy; c.
Implementation of Housing Element, with particular attention in identifying priorities sites for expanding the efficacy of the Preference Policy and what unmet needs may be invested in through the establishment of a non-governmental organization outside of the City; d. Improvements to establish cultural vibrancy and accessibility in South Berkeley, creating recommendations for what potential EIFD funds can be used towards; e. Growth opportunities to expand the economic viability of small businesses and commerce in the South Berkeley area, including support to sustain and grow the success of the Berkeley Flea Market; f. Facilitating the intersection of the African American Holistic Resource Center (AAHRC) with relevant work in South Berkeley, particularly the new Ashby TOD residents and EFID related projects; g.
Management of financing, expenditures, and balance sheets received by the City related to E4BB including but not limited to grants, City investments from the General Fund, and an EIFD fund; h. Legal representation and support with negotiations, contracts, and MOUs with outside jurisdictions, external E4BB partners, and internal discussions of authority and governance; and i. Provide 1) supervision of an unpaid staff person offered by the Partnership for the Bay’s Future (PBF) grant program (should the City of Berkeley become selected as a government host site) and 2) communication on the progress and connection of projects relating to E4BB including but not limited to the Ashby BART TOD, Black Arts and Cultural District, Small Sites, EIFD, Black Health Equity Zone, Berkeley Flea Market and AAHRC.
3. With assistance from the E4BB representative, create a template MOU to be drafted and circulated with outside groups engaged in E4BB, including, but not limited to: a. Berkeley Flea Market; b. Healthy Black Families; c. San Francisco Foundation; and d. External Consultants (Ndidi Love, Randolph Belle aka Creative Development Partners, communications experts, etc).
4. Work with the E4BB Representative to pursue additional external and internal investments to help with creating a non-governmental organization to manage a community investment fund beyond 2026 and transition the work of E4BB to be managed within this entity.
Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Adopted Resolution No. 71,582–N.S. and approved recommendation.
Action Calendar – New Business
Tuesday, November 19, 2024 MINUTES Page 11
25. Amendment: FY 2025 Annual Appropriations Ordinance
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending the FY 2025 Annual Appropriations Ordinance No. 7,926–N.S. for fiscal year 2025 based upon recommended re-appropriation of committed FY 2024 funding and other adjustments authorized since July 1, 2024.
Financial Implications: See report
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000 Action: Moved to Consent Calendar. Adopted first reading of Ordinance No. 7,940– N.S. as revised in Supplemental Communications Packet #2 from the City Manager and further amended to add a $150,000 allocation to create a park at the Parkside Drive terminus median. Second reading scheduled for December 3, 2024.
26. Amendments to BMC Chapter 22.16, Development Agreement Procedures From: City Manager
Recommendation: Adopt first reading of an Ordinance amending BMC Chapter
22.16, “Development Agreement Procedures.”
Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Moved to Consent Calendar. Adopted first reading of Ordinance No. 7,941– N.S. Second reading scheduled for December 3, 2024.
Public Comment – Items Not Listed on the Agenda - 0 speakers.
Adjournment
Action: M/S/C (Arreguin/Hahn) to suspend the rules and adjourn the meeting.
Vote: All Ayes.
Adjourned at 9:29 p.m.
I hereby certify that the foregoing is a true and correct record of the City Council regular meeting held on November 19, 2024.
____________________________
Mark Numainville, City Clerk
Communications
Item #4: Encampment Resolution Funding Round 3 Grant Award
1. Yesica Prado and Gordon Gilmore on behalf of the Berkeley Homeless Union Cordornices Creek
2. Friends of Five Creeks
Tuesday, November 19, 2024 MINUTES Page 12
3. Peter Radu
Road Paving on Virginia St.
4. Tiana Robinson
Fair Contract
5. Gwen Weinreich
6. Sabina McMurtry
7. Larry Snyder
8. Kevin Sun
Safety Concerns
9. Leah Shelleda
Encampment Requests
10.Robb M. Walker
Middle East Conflict
11.Matt O’Brien
Traffic Study
12.Tim Hassler
Street Sweeping/Construction Conflict
13.Jesse Sheehan
14.UC Berkeley Capital Strategies
15.Scott Salas
Waterfront Concern
16.Louise Rafkin
Housing Concern
17.Ann Marie Davis (2)
Merchant Parking Costs
18.Evan McDonald
Parking Study
19.Gordon Stout
Upzoning
20.Vincent Casalaina
21.Vicki Sommer
22.Janice Schroeder
23.Carol Hirth
24.Mary Ann Gallagher
25.Chris Gilbert
Tuesday, November 19, 2024 MINUTES Page 13
26.Christopher Riess
27.Bernard Marszalek
28.John Rice
29.44 Similarly worded form letters
URL’s
30.Russbumper (2)
31.Josh Atwood
32.Keith Bayne (2)
Forwards of Current Events
33.Eid (3)
34.Russbumper
35.David L. Axelrod
Supplemental Communications and Reports 1
Item #13: Ashby BART Transit Oriented Development (TOD) Legal Agreements
36.Revised agenda material submitted by the Planning and Development Department Supplemental Communications and Reports 2
Item #13: Ashby BART Transit Oriented Development (TOD) Legal Agreements
37.Revised agenda material submitted by the Planning and Development Department Item #16: Contract: Telegraph-Channing Parking Garage Restroom Renovation & Elevator Improvements Project
38.Alex Knox
Item #25: Amendment: FY 2025 Annual Appropriations Ordinance
39.Revised agenda material submitted by the Budget Office Supplemental Communications and Reports 3
Item #23: Exploring the Formation of Joint Powers Authority (JPA) or other entity to Publicly Finance the Development of a Hospital to Meet Regional Healthcare Needs
40.Andy Katz
Item #24: Referral to City Manager: Equity for Black Berkeley (E4BB) Initiative
41.Barbara Gilbert
Item #25: Amendment: FY 2025 Annual Appropriations Ordinance
42.Presentation submitted by the City Manager’s Office
Item #26: Amendments to BMC Chapter 22.16, Development Agreement Procedures
43.Presentation submitted by the Planning Department
Referral to City Manager – Relocation Agreement with Becker Boards, LLC
44.Emily Seelenfreund
45.Michael Colbruno
Tuesday, November 19, 2024 MINUTES Page 14
46.Marcello Magana
Miscellaneous
47.Eid
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 10, 2024
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Eleanor Hollander, Economic Development Manager Subject: Contract: CVL Economics for a Study of the Economic Impact of the Arts in Berkeley
RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a contract and any necessary amendments with CVL Economics for an amount not to exceed $119,300 for analysis of pandemic cultural arts recovery investments and the economic impact of the arts in Berkeley for two-year term.
FISCAL IMPACTS OF RECOMMENDATION
The $119,300 contract will be funded with American Rescue Act Funds designated for the arts (Budget Code 354-21-208-252-0000-000-446-612990).
CURRENT SITUATION AND ITS EFFECTS
CVL Economics was selected through a competitive Request for Proposals (RFP) process to conduct an analysis of pandemic recovery investments and the economic impact of the arts generally in Berkeley. The selected consultant has a demonstrated record of success in providing economic analysis services and accessible impact reports to municipalities and CVL Economics has specific relevant expertise in economic analysis of the arts and culture sector. The contract scope of work includes conducting comprehensive economic analyses and presenting them in an engaging manner with the following four deliverables:
1. A written assessment of both the short-term and long-term impacts of the City of Berkeley’s investment of both General Funds and American Rescue Plan Act (ARPA) funds in the Berkeley Arts Sector through the City of Berkeley’s relief and recovery grant programs (April 2020 & February 2022).
2. A baseline study of the current economic impact of the arts in Berkeley. This study will assess the economic effects of and recovery from the pandemic to the present on the City of Berkeley’s arts sector. This study will also provide data suitable for an update to the Economic Impact of the Arts in Berkeley report commissioned by the City of Berkeley in 2017.
Contract: CVL Economics for a study of the economic impact of the arts in Berkeley December 10, 2024
3. The project will culminate in a comprehensive report of both the COVID-19 relief investment analysis, and the baseline economic impact study for public distribution.
4. The development of a set of standard arts and culture economic impact metrics and tools for future use by the City for the purpose of including arts and culture economic impact data in the Office of Economic Development’s annual “Economic Dashboard” reports, allowing the City to track the sector’s economic impact over time locally.
BACKGROUND
The City of Berkeley is home to over 150 active arts and culture nonprofits offering a diverse array of theater, music, festivals, dance, visual arts, and more. The nonprofits that make up Berkeley’s arts sector are particularly diverse in terms of their size, educational offerings, and creative disciplines, and include numerous acclaimed theaters, music venues, galleries, dance studios, and maker spaces. Many organizations are nationally recognized, and the City is celebrated for its cultural vitality.
Complementing these cultural organizations, the City is also home to a wide range of independent artists and artisans, who operate on a smaller scale producing fine arts such as painting, sculpture, music, and crafts including but not limited to textiles, stained glass, and metalwork. The City of Berkeley has long recognized the importance of the arts and culture to the economic health, vitality, and diversity of Berkeley’s local economy and its commercial districts. Local arts and cultural organizations generate revenue, create jobs, and improve the quality of life, which in turn generates businesses revenue and tourism to Berkeley. The City of Berkeley last conducted an analysis of the economic impact of the arts in 2017, which was incorporated into the City of Berkeley’s Arts & Culture Plan Update (2018 - 2027).
In response to the COVID-19 pandemic’s economic impacts on the arts sector, the City of Berkeley made substantial funding allocations at two different times to provide emergency relief and recovery funding to arts organizations, festivals, and artists in Berkeley.
1. Emergency Business and Arts Continuity Grants – $3M, April 2020 In April of 2020, the City awarded grants to businesses and arts organizations whose revenues were significantly impacted by the COVID-19 pandemic. The Business and Arts Organization Continuity Grant Programs were funded through a $3M allocation of the City’s catastrophic reserve fund on March 17, 2020. Of that funding, $1 million was allocated to create the Arts Organization Continuity Grant Program.
2. Berkeley Arts Recovery Grants – $2M, December 2021-February 2022 In December 2021, with one-time funding by Berkeley’s City Council of $2M in American Rescue Plan Act (ARPA) dollars, the Berkeley Arts Recovery Grants
Contract: CVL Economics for a study of the economic impact of the arts in Berkeley December 10, 2024
for Organizations & Festivals were distributed to 63 organizations and 11 festivals to support Berkeley's arts sector recovery. This fund provided one-time grants of up to $33,000 each to Berkeley-based nonprofit and fiscally sponsored arts organizations and festivals to help them sustainably recover from the negative economic impacts of the COVID-19 pandemic. The grants were awarded in February 2022.
Current Status of Berkeley’s Arts Sector & Goal of Project In 2024, Berkeley’s arts and culture sector continues to experience increased costs and lower audience levels in the aftermath of the pandemic, with some nonprofits operating at a loss. Additional post-pandemic challenges include factors such as: inflation impacting costs for labor, materials, and talent; a reduction in season subscriptions sales; and audience reluctance to return to arts and culture venues due to ongoing COVID-19 concerns. A current impact study is fundamental to establishing a new baseline of data related to the economic impact of the arts and culture sector in Berkeley and to analyze the effect of the City’s investments in the arts during the pandemic (detailed above). The results of this study will be used to guide Berkeley’s investments and program design for artistic and cultural support over the years to come.
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
CVL Economics possesses demonstrated expertise centered on a range of regional economic development matters, including fostering the creative economy and nonprofit sustainability, understanding the economics of arts and culture, conducting public policy analyses and presenting data in an engaging and accessible manner.
ALTERNATIVE ACTIONS CONSIDERED
The City received and evaluated twelve proposals in response to RFP Specification No. 24-11671-C which was posted on July 23, 2024. After proposal review, and team interviews, the CVL Economics proposal received the highest score of the twelve proposals.
CONTACT PERSON
Jennifer Lovvorn, Office of Economic Development, (510) 981-7533 Attachment:
1: Resolution
RESOLUTION NO. ##,###-N.S.
CONTRACT: CVL ECONOMICS FOR ANALYSIS OF PANDEMIC RECOVERY
INVESTMENTS AND THE ECONOMIC IMPACT OF THE ARTS IN BERKELEY WHEREAS, the City of Berkeley has long recognized the importance of the arts and culture to the economic health, vitality, and diversity of Berkeley’s local economy and its commercial districts; and
WHEREAS, the City of Berkeley made two major funding allocations in response to the COVID-19 pandemic’s economic impacts on the arts sector to provide emergency relief and recovery funding to arts organizations, festivals, and artists in Berkeley; and WHEREAS, Berkeley’s arts and culture sector continues to experience lower audience levels, and increased costs in the aftermath of the pandemic, with some nonprofits operating at a loss; and
WHEREAS, an impact study is fundamental to establishing a new baseline of data related to the economic impact of the arts and culture sector in Berkeley and to analyze the effect of the City’s investments in the arts during the pandemic; and WHEREAS, the City released an RFP under Specification No. 24-11671-C for which twelve proposals were received, evaluated and scored, resulting in the selection of CVL Economics to conduct an analysis of pandemic recovery investments and the economic impact of the arts in Berkeley.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a contract and any amendments thereto with CVL Economics for analysis of pandemic recovery investments and the economic impact of the arts in Berkeley, in an amount not to exceed $119,300 for a term of two years. A record signature copy of said contract and any amendments are to be on file in the Office of the City Clerk.
Office of City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager
CONSENT CALENDAR
December 10, 2024
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Eleanor Hollander, Economic Development Manager Subject: Contract: Kala Art Institute for Framed Artwork Purchase Plan for City Buildings
RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a contract and any necessary amendments with Kala Art Institute for an amount not to exceed $50,000 to implement a framed artwork purchase plan for two city administration buildings located at 1947 Center Street and 2180 Milvia Street. The artworks are to be hung in public areas of civic buildings and will become part of the City’s Civic Art Collection.
FISCAL IMPACTS OF RECOMMENDATION
The $50,000 contract will be funded through the Cultural Trust Fund (Fund Code 150- 21-208-252-0000-000-446-612990) in Fiscal Year 2025. Transportation and installation services, estimated to be $10,000, will be rendered by Gizmo Art Productions (As Needed Contract #32500079). Installation and transportation costs are funded from Fund 150-21-208-252-0000-000-446-612990-.
CURRENT SITUATION AND ITS EFFECTS
The City is in the process of purchasing a limited number of two-dimensional artworks to fill in gaps within the existing collection of artworks on display in the public lobbies and hallways of 2180 Milvia Street and 1947 Center Street, two of the City’s most prominent city-owned administration buildings. See locations and artworks selected in Attachment 1, Exhibit A: Project Overview: Framed Artwork Purchase Plan for City Buildings.
For many years, the Civic Arts program managed an annual contract with Berkeley’s Kala Art Institute to produce a rotating Civic Center Exhibition in the City’s buildings (2180 Milvia and 1947 Center). In 2018, many parts of the Civic Center buildings became secured and locked -- no longer accessible to the public. After much discussion, in 2019 the Civic Arts Commission’s Public Art Subcommittee recommended discontinuing the exhibition because the public could no longer view it.
The annual rotating exhibitions were replaced with curated purchased artwork from Kala Art Institute for permanent installation. These artworks are part of the city’s substantial
Contract: Framed Artwork Purchase Plan for City Buildings CONSENT CALENDAR December 10, 2024
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager Civic Art Collection which includes outdoor artworks located throughout the community as well as indoor artworks located within City buildings that have a high degree of public access and visibility.
In late 2020 (FY21) funding was granted to make additional permanent artwork purchases to supplement the existing public art collection for the remaining publicly accessible spaces in 1947 Center Street and 2180 Milvia Street.
Kala Art Institute, located at 2990 San Pablo Avenue, is serving as the curator in selecting the new artworks. Kala is a Berkeley community arts non-profit organization, founded in 1974, which hosts an artist residency, gives art classes, and serves as an art gallery. Their recommendations, which were approved by the Civic Arts Commission on October 30, 2024, are designed to complement pre-existing artwork environments while reflecting the artistic diversity that is the keystone to the City of Berkeley community.
With these new additions of artwork - only in pre-existing empty spots from former displays – the aim is to visually balance the volume of artwork so that these amenities are evenly distributed throughout the city buildings and within each lobby and publicly accessible wing.
Civic Arts staff along with professional art handlers, will implement the Framed Artwork Purchase Plan for City Buildings, with installation set to occur in the spring of 2025 (March-May). Accompanying installation, Civic Arts Program staff will also provide updated wall labels for the artworks which will offer City staff and visitors an opportunity to learn more about the artists on display. These artworks will join the pre-existing works and will be thoughtfully spaced, positioned, and leveled on each wall where indicated.
BACKGROUND
For many years, the Civic Arts program managed an annual contract with Berkeley’s Kala Art Institute to produce a rotating Civic Center Exhibition in the City’s buildings (2180 Milvia and 1947 Center). In 2018, many parts of the Civic Center buildings became secured and locked -- no longer accessible to the public. After much discussion, in 2019 the Civic Arts Commission’s Public Art Subcommittee recommended discontinuing the exhibition because the public could no longer view it.
The annual rotating exhibitions were replaced with curated purchased artwork from Kala Art Institute for permanent installation. In late 2020 (FY21) funding was granted to make additional permanent artwork purchases to supplement the existing public art collection for the remaining publicly accessible spaces in 1947 Center Street and 2180 Milvia Street.
On October 30, 2024, the Civic Arts Commission discussed the Framed Artwork Purchase Plan for City Buildings, which called for the purchase, framing, and installation of the artworks detailed in Attachment 1. An adoption of a Resolution authorizing the City Manager to execute a contract and any necessary amendments with Kala Art Institute to support this project for an amount not to exceed $50,000 is now needed.
Contract: Framed Artwork Purchase Plan for City Buildings CONSENT CALENDAR December 10, 2024
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager
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 framed artwork purchase plan for city buildings was developed and selected based upon extensive input from the public art subcommittee of the Civic Arts Commission, and with the support of a professional curator.
ALTERNATIVE ACTIONS CONSIDERED
None.
CONTACT PERSON
Mark Salinas, Office of Economic Development, (510) 981-7538 Attachments:
1: Resolution
Exhibit A: Project Overview: Framed Artwork Purchase Plan for City Buildings
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager RESOLUTION NO. ##,###-N.S.
CONTRACT: KALA ART INSTITUTE TO IMPLEMENT FRAMED ARTWORK
PURCHASE PLAN FOR CITY BUILDINGS
WHEREAS, the City of Berkeley’s Arts and Culture Plan calls for the enhancement of Berkeley’s environment by placing temporary and permanent public art in public spaces throughout the city; and
WHEREAS, the project goal is to purchase a limited number of framed artworks to fill in gaps within the existing collection of framed art hung in public areas of Civic Center buildings (lobbies and entry hallways); and
WHEREAS, historically the Civic Arts program managed an annual contract with Berkeley’s Kala Art Institute to produce a rotating Civic Center Exhibition in the City’s buildings (2180 Milvia and 1947 Center); and
WHEREAS, the annual rotating exhibitions were replaced with curated purchased artwork from Kala Art Institute for permanent installation and these artworks are part of the city’s substantial Civic Art Collection; and
WHEREAS, funding was granted in FY21 to make additional permanent artwork purchases to supplement the existing public art collection for the remaining publicly accessible spaces in 1947 Center Street and 2180 Milvia Street; and WHEREAS, funding for the framed artwork purchase plan is included in the budget for Cultural Trust Fund (Fund 150) for Fiscal Year 2025; and WHEREAS, the Civic Arts Commission approved the purchase plan at its regularly scheduled commission meeting on October 30, 2024; and
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a contract and any amendments thereto with Kala Art Institute to implement a Framed Artwork Purchase Plan for City Buildings for an amount not to exceed $50,000. A record signature copy of said contract and any amendments are to be on file in the Office of the City Clerk.
Project Overview: Framed Artwork Purchase Plan for City Buildings Project Goal:
• Purchase a limited number of framed artworks to fill in gaps within the existing collection of framed art hung in public areas of Civic Center buildings (lobbies and entry hallways). See locations and artworks selected on pages 3-23 of this document.
Background:
• For many years, the Civic Arts program managed an annual contract with Berkeley’s Kala Art Institute to produce a rotating Civic Center Exhibition in the City’s buildings (2180 Milvia and 1947 Center). • In 2018, many parts of the Civic Center buildings became secured and locked -- no longer accessible to the public. After much discussion, the Civic Arts Commission’s Public Art Subcommittee recommended discontinuing the exhibition because the public could no longer view it. • The annual rotating exhibitions were replaced with curated purchased artwork from Kala Art Institute for permanent installation. These artworks are part of the city’s substantial Civic Art Collection. • In late 2020 (FY21) funding was granted to make additional permanent artwork purchases to fill in the gaps within the existing collection for the remaining publicly accessible spaces in 1947 Center and 2180 Milvia. • Civic Arts staff has worked with curators at the Kala Art Institute to select and purchase artworks and will implement the following plan (see pages 3-24). Installation will occur in late 2024 - early 2025.
2024 Contract with Kala Art Institute: New Purchases for Public Art Collection of the City of Berkeley 2180 Milvia Street (9 small, 11 medium = 20 artworks total) 1st floor North, City Clerk: 2 medium artworks
1st floor South, Human Resources: 1 small artwork; 1 medium artwork 2nd floor North, Health Housing and Community Services (HHCS): 1 small artwork; 1 medium artwork 4th Floor Lobby: 2 medium artworks, wall opposite elevator bank 4th Floor Lobby: 2 small artworks in wall recess
4th Floor North, City Attorney: 3 small artworks
4th Floor South, IT: 1 medium artwork
5th Floor Lobby: 2 medium artworks, wall opposite elevator bank, above bench 5th Floor North, Council Offices: 2 small artworks; 2 medium artworks 1947 Center Street (4 artworks total)
2nd Floor, Lobby: 2 medium artworks
5th Floor, Lobby: 2 medium artworks
City Buildings | Framed Artwork Purchase Plan 2024 | [email protected]
2180 Milvia Street
1st floor North, City Clerk: 2 medium artworks *requires re-adjustment of current artwork on wall(s) 1st floor South, Human Resources: 1 small artwork; 1 medium artwork City Buildings | Framed Artwork Purchase Plan 2024 | [email protected]
City Buildings | Framed Artwork Purchase Plan 2024 | [email protected] (City Clerk)
(City Clerk)
2180 Milvia Street
1st floor North, City Clerk: 2 medium artworks *requires re-adjustment of current artwork on wall(s) 1st floor South, Human Resources: 1 small artwork; 1 medium artwork City Buildings | Framed Artwork Purchase Plan 2024 | [email protected]
City Buildings | Framed Artwork Purchase Plan 2024 | [email protected]
2180 Milvia Street
2nd floor North, Environmental Health (HHCS): 1 small artwork; 1 medium artwork City Buildings | Framed Artwork Purchase Plan 2024 | [email protected]
City Buildings | Framed Artwork Purchase Plan 2024 | [email protected]
2180 Milvia Street
4th Floor Lobby: 2 medium artworks opposite elevators, bench to be moved below artworks 4th Floor Lobby: 2 small artworks in wall recess
4th Floor North, Attorney: 3 small artworks
4th Floor South, IT: 1 medium artwork
City Buildings | Framed Artwork Purchase Plan 2024 | [email protected]
City Buildings | Framed Artwork Purchase Plan 2024 | [email protected]
2180 Milvia Street
4th Floor Lobby: 2 medium artworks above bench
4th Floor Lobby: 2 small artworks in wall recess
4th Floor North, Attorney: 3 small artworks
4th Floor South, IT: 1 medium artwork
City Buildings | Framed Artwork Purchase Plan 2024 | [email protected]
City Buildings | Framed Artwork Purchase Plan 2024 | [email protected]
2180 Milvia Street
4th Floor Lobby: 2 medium artworks above bench
4th Floor Lobby: 2 small artworks in wall recess
4th Floor North, Attorney: 3 small artworks *requires re-adjustment of current artwork on wall(s) 4th Floor South, IT: 1 medium artwork
City Buildings | Framed Artwork Purchase Plan 2024 | [email protected]
City Buildings | Framed Artwork Purchase Plan 2024 | [email protected]
2180 Milvia Street
4th Floor Lobby: 2 medium artworks above bench
4th Floor Lobby: 2 small artworks in wall recess
4th Floor North, Attorney: 3 small artworks *requires re-adjustment of current artwork on wall(s) 4th Floor South, IT: 1 medium artwork
City Buildings | Framed Artwork Purchase Plan 2024 | [email protected]
City Buildings | Framed Artwork Purchase Plan 2024 | [email protected]
2180 Milvia Street
5th Floor Lobby: 2 medium artworks above bench, opposite elevators 5th Floor North, Council: 2 small artworks; 2 medium artworks City Buildings | Framed Artwork Purchase Plan 2024 | [email protected]
City Buildings | Framed Artwork Purchase Plan 2024 | [email protected]
2180 Milvia Street
5th Floor Lobby: 2 medium artworks above bench, opposite elevators 5th Floor North, Council Offices: 2 small artworks; 2 medium artworks *requires re-adjustment of current artwork on wall(s) City Buildings | Framed Artwork Purchase Plan 2024 | [email protected]
City Buildings | Framed Artwork Purchase Plan 2024 | [email protected]
1947 Center Street
2nd Floor, Lobby: 2 medium artworks *requires re-adjustment of current artwork on wall(s) 5th Floor, Lobby: 2 medium artworks
City Buildings | Framed Artwork Purchase Plan 2024 | [email protected]
City Buildings | Framed Artwork Purchase Plan 2024 | [email protected]
1947 Center Street
2nd Floor, Lobby: 2 medium artworks *requires re-adjustment of current artwork on wall(s) 5th Floor, Lobby: 2 medium artworks
City Buildings | Framed Artwork Purchase Plan 2024 | [email protected]
1947 Center, 5th Floor Lobby
(2 medium)
City Buildings | Framed Artwork Purchase Plan 2024 | [email protected]
Office of City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager
CONSENT CALENDAR
December 10, 2024
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Eleanor Hollander, Economic Development Manager Subject: Contract: Masako Miki Public Artwork Commission for Aquatic Park Pathway Wall
RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a contract and any necessary amendments with artist Masako Miki for an amount not to exceed $87,000 for a public art commission of a ceramic tile mural on the 42’-long curved wall located along the San Francisco Bay Trail west of the intersection of Addison Street and Bolivar Drive in Aquatic Park.
FISCAL IMPACTS OF RECOMMENDATION
The $87,000 contract will be funded through the Cultural Trust Fund (Fund Code 148- 21-208-252-0000-000-446-612990) in Fiscal Year 2025.
CURRENT SITUATION AND ITS EFFECTS
Artist Masako Miki was selected through a competitive process to create a permanent artwork for the curved cement wall situated along the San Francisco Bay Trail on the north side of the Aquatic Park lagoon. The goal of the project is to enhance a visitor’s experience of the park by beautifying its context, reflecting the multi-layered history of the site, and highlighting the ecological importance of the park.
Masako Miki’s proposal Contemplating the Universe was inspired by Berkeley’s tidal lagoon habitat, the history of the land and the local Ohlone people, as well as Japanese animistic folklore. The proposal’s imagery features a parade of shapeshifting characters, including shorebirds, fish, acorns, a coyote, eagle, fox, and hummingbird.
Contemplating the Universe reflects the history and ecological importance of the land while celebrating the local diversities of cultures to offer a new context for meaningful connections in our community (Figure 1).
Contract: Masako Miki Public Artwork for Aquatic Park Pathway Wall CONSENT CALENDAR December 10, 2024
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager Figure 1: Artwork proposal by Masako Miki, Contemplating the Universe, tile mural for Aquatic Park (2023).
BACKGROUND
On July 27, 2022, the Civic Arts Commission approved the Aquatic Park Public Art Project Plan, which called for the commissioning of a tile mural artwork for the 42’-long curved wall located along the San Francisco Bay Trail in Aquatic Park, as follows:
M/S/C (Passmore/Anno) to approve the Aquatic Park Public Art Project Plan.
Vote: Ayes — Anno, Blecher, Covarrubias, Dhesi, Ozol, Passmore, Woo; Nays — None; Abstain — None; Absent — Bullwinkel.
A Request for Qualifications for this artwork commission was released on October 11, 2022 and was open through November 15, 2022. A selection panel, comprised of two arts professionals, a community representative, and one representative each from the Civic Arts Commission and the Parks, Recreation, and Waterfront Commission, reviewed the qualifications of the 53 applicants and recommended three finalists to develop detailed conceptual site-specific proposals. Once the proposals were received, staff conducted extensive community outreach to elicit the public’s responses to the three detailed proposals. A “Berkeley Considers” survey that invited respondents to provide feedback on each of the proposals was hosted on the City’s website from July 21 to August 4, 2023 and was widely distributed through a citywide community message (July 2023). In addition to the “Berkeley Considers” survey, staff also provided organizations that have a unique connection to Aquatic Park the opportunity to provide additional written input.
Contract: Masako Miki Public Artwork for Aquatic Park Pathway Wall CONSENT CALENDAR December 10, 2024
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager In August and September of 2023, the selection panel was reconvened to consider the finalists’ proposals in an interview format and Masako Miki’s proposal was selected and submitted to Civic Art Commission for final approval. At the September 27, 2023 Civic Arts Commission meeting, the commission unanimously approved the panel’s recommendations with the following vote: M/S/C (Ibarra/Covarrubias) Motion: to approve the Aquatic Park Public Art Selection Panel's Recommendation to implement the Aquatic Park Public Art Proposal by Masako Miki for the wall project. Vote: Ayes — Anno, Blecher, Covarrubias, Dhesi, Ibarra, Ozol, Passmore, Woo; Nays — None; Abstain — None; Absent — Bullwinkel.
On February 13, 2024, City Council authorized a contract (Resolution 71,209-N.S) with artist Masako Miki for artwork final design and fabrication in an amount not to exceed $69,000. Prior to execution of any contract authorized under Resolution 71,209-N.S., it was determined that the artist will be responsible for an additional scope of services that includes the installation of the artwork. An adoption of a new Resolution authorizing the City Manager to execute a contract and any necessary amendments with artist Masako Miki for an amount not to exceed $87,000 is now needed and will supersede Resolution 71,209-N.S). The public art commission for Masako Miki entitled, Contemplating the Universe will now include final design, fabrication, and installation of a ceramic tile mural on the 42’-long curved wall located along the San Francisco Bay Trail west of the intersection of Addison Street and Bolivar Drive in Aquatic Park.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects, climate impacts, or sustainability opportunities associated with the subject of this report.
RATIONALE FOR RECOMMENDATION
The proposal by Masako Miki was selected based upon the following criteria: aesthetic quality; appropriateness of the proposed artwork for the site and project goals; demonstrated feasibility of the preliminary proposal and the proposal budget; and demonstrated maintainability and durability of the artworks design, materials, fabrication and proposed installation methods.
ALTERNATIVE ACTIONS CONSIDERED
The selection panel considered two other artistic proposals for the wall, but ultimately selected Masako Miki’s proposal Contemplating the Universe for advancement.
CONTACT PERSON
Mark Salinas, Office of Economic Development, (510) 981-7538 Attachments:
1: Resolution
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager RESOLUTION NO. ##,###-N.S.
CONTRACT: MASAKO MIKI TO CREATE A PUBLIC ARTWORK ON THE AQUATIC
PARK PATHWAY WALL
WHEREAS, the City of Berkeley’s Arts and Culture Plan calls for the enhancement of Berkeley’s environment by placing temporary and permanent public art in public spaces throughout the city; and
WHEREAS, the Civic Arts Commission approved the Aquatic Park Public Art Project Plan on July 27, 2022, which called for the commissioning of a tile mural artwork for the 42’- long curved wall located along the San Francisco Bay Trail in Aquatic Park; and WHEREAS, funding for the artist contract for the tile mural at Aquatic Park is included in the budget for Cultural Trust Fund (Fund 148) for Fiscal Year 2025; and WHERES, a Request for Qualifications from professional practicing artists was released on October 11, 2022 and 53 applicants were reviewed by a selection panel comprised of two arts professionals, a community representative and one representative each from the Civic Arts Commission and the Parks, Recreation, and Waterfront Commission; and WHEREAS, three finalists were selected by the panel and invited to develop site-specific public art project proposals; and
WHEREAS, the selection panel reconvened to evaluate the three proposals and selected the proposal by Masako Miki for recommendation to the Civic Arts Commission; and WHEREAS, the Civic Arts Commission approved Masako Miki for a public art commission of a ceramic tile mural for the Aquatic Park pathway wall at its regularly scheduled commission meeting on September 27, 2023; and
WHEREAS, on February 13, 2024, City Council authorized a contract (Resolution 71,209- N.S) with artist Masako Miki for artwork final design and fabrication in an amount not to exceed $69,000; and
WHEREAS, prior to execution of any contract authorized under Resolution 71,209-N.S., it was determined that the artist should also be responsible for the additional scope of services to include installation of the artwork.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a contract and any amendments thereto with Masako Miki for a public art commission including final design, fabrication, and installation of a ceramic tile mural on the Aquatic Park pathway wall for an amount not to exceed $87,000. A record signature copy of said contract and any amendments are to be on file in the Office of the City Clerk.
Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: https://berkeleyca.gov/
CONSENT CALENDAR
December 10, 2024
To: Honorable Mayor and Members of the City Council From: Paul Buddenhagen, City Manager
Submitted by: Henry Oyekanmi, Director, Finance
Subject: Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on December 10, 2024
RECOMMENDATION
Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval.
FISCAL IMPACTS OF RECOMMENDATION
Total estimated cost of items included in this report is $13,500,000 PROJECT Fund Source Amount
Sanitary Sewer Rehabilitation Project:
Urgent Project at various locations
611 CAP-INFR-SANITARY SEWER $850,000
After Hours Answering Service 601
636
673
142
616
611
631
138
611
622
680
PROF SVCS MISC. $350,000
Martin Luther King Jr. Youth Services
Center
/ Y.A.P. Seismic Retrofit and Renovation
138
340
501
511
PARKS TAX FUND
FEMA
CIP FUND
MEASURE T PHASE 2
$10,600,000
On Demand Curbside Chipping Service 164 FF-PUBSAFE $1,700,000 Total: $13,500,000
Formal Bid Solicitations and Request for Proposals
Scheduled for Possible Issuance After Council
Approval on December 10, 2024 CONSENT CALENDAR December 10, 2024
CURRENT SITUATION AND ITS EFFECTS
On May, 6, 2008, Council adopted Ordinance No. 7,035-N.S. effective June 6, 2008, which increased the City Manager’s purchasing authority for services to $50,000. As a result, this required report submitted by the City Manager to Council is now for those purchases in excess of $100,000 for goods; and $200,000 for playgrounds and construction; and $50,000 for services. If Council does not object to these items being sent out for bid or proposal within one week of them appearing on the agenda, and upon final notice to proceed from the requesting department, the IFB (Invitation for Bid) or RFP (Request for Proposal) may be released to the public and notices sent to the potential bidder/respondent list.
BACKGROUND
On May 6, 2008, Council adopted Ordinance No. 7,035-N.S., amending the City Manager’s purchasing authority for services
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The Finance Department reviews all formal bid and proposal solicitations to ensure that they include provisions for compliance with the City’s environmental policies. For each contract that is subject to City Council authorization, staff will address environmental sustainability considerations in the associated staff report to City Council.
RATIONALE FOR RECOMMENDATION
Need for the goods and/or services.
ALTERNATIVE ACTIONS CONSIDERED
None.
CONTACT PERSON
Clayton Stilwell, General Services Manager, Finance, 510-981-7329 Attachments:
1. Sanitary Sewer Rehabilitation Project: Urgent Project at various location
2. After Hours Answering Service
3. Martin Luther King Jr. Youth Services Center / Y.A.P. Seismic Retrofit and Renovation
4. On Demand Curbside Chipping Service
Note: Original of this attachment with live signature of authorizing personnel is on file in General Services.
NEXT 30 DAYS
DATE SUBMITTED: DECEMBER 10, 2024
Attachment 1
SPECIFICATION
NO.
DESCRIPTION OF
GOODS /
SERVICES BEING
PURCHASED
APPROX. RELEASE
DATE
APPROX. BID
OPENING DATE
INTENDED USE ESTIMATED COST BUDGET CODE TO BE
CHARGED
DEPT. / DIVISION CONTACT NAME
& PHONE
25-11693-C
Sanitary Sewer
Rehabilitation Project:
Urgent Project at
various locations
12/11/2024 1/14/2025 Fulfill Sewer Consent Decree
requirement.
Sewer rehabilitation and replacement
project to repair and replace old and
deteriorated
sewer lines.
$850,000 611-54-623-676-0000-000-
473-665130
Public Works - Engineering Francisco Alonso
981-6405
Daniel Akagi
981-6394
25-11694-C
After Hours
Answering Service
8/1/2024 9/1/2024 Answering services for multiple
departments and divisions for the
City.
Provide professional telephone
answering services after hours,
weekend, holiday,
emergency, as well
as back-up services during normal
business hours, and as needed.
Services include but are not limited
to
answering a dedicated after-hours
phone line, dispatching
on-call staff
appropriately beyond normal business
hours. Taking messages and
information, logging calls. Provide
customer information and transferring
information
to the appropriate
departments in a timely manner.
$350,000.00 over three
years, with option to
extend by two years
601-54-621-654-0000-000-
472-612990-
$7000
636-54-624-692-0000-000-
472-612990-
$2500
673-54-624-692-0000-000-
472-612990-
$3000
142-54-621-654-0000-000-
426-612990-
$3500
616-54-621-654-0000-000-
472-612990-
$1000
611-54-621-654-0000-000-
472-612990-
$16000
631-54-621-654-0000-000-
472-612990-
$3000
138-52-541-598-0000-000-
461-612990-
$5500
611-51-502-511-2004-000-
472-612990-
$1000
622-53-582-601-0000-000-
474-632110-
$750
680-35-364-000-0000-000-
472-612990-
$60000
Public Works Operations Support
Parks, Recreation, and Waterfront
Information Technology
HHCS
Planning - Toxics
Tucker Brofft
510-981-5375
Erika Barros
510-981-6462
Dept Total $ 1,200,000.00
25-11695-C
Martin Luther King Jr.
Youth Services Center
/ Y.A.P. Seismic
Retrofit and
Renovation
January-25 March-25 This project provides renovation to the existing Martin Luther King Jr.
Youth Services Center/Y.A.P.
building. As part of the City’s Local
Hazard Mitigation Plan and
Resiliency Plans, the building will
serve as a care and shelter program,
providing resources, information, and
shelter for those displaced
by
disasters. The renovation includes a
seismic retrofit, accessibility
upgrades, all-new
MEP systems, and
the addition of fire alarms and
sprinklers. Additionally,
the project
aims to reconfigure program spaces
and provide new finishes to create a
more inviting environment
for teen
programming.
$10,600,000 PRWT122001
Parks Tax Fund
138-52-545-000-0000-000-
461-662110-
FEMA
340-52-545-000-0000-000-
461-662110-
CIP Fund
501-52-545-000-0000-000-
461-662110-
Measure T1 Phase 2
511-52-545-000-0000-000-
461-662110-
Park, Recreation, and Waterfront
Department/CIP Division
Evelyn Chan
T#: 510-981-6430
Canhui Li
T#: 510-981-6432
Dept Total $10,600,000
25-11696-C
On Demand Curbside
Chipping Service
January-25 February-25 Vendor to provide curbside, on-
demand [vegetation] chipping as part
of the city’s wildfire fuel reduction
program
$1,700,000 164-72-745-000-0000-000-
422-612990-
Fire/WUI David Sprague 847-
8435
Dept Total $1,700,000
TOTAL $13,500,000
1 of 1
Office of the City Manager
CONSENT CALENDAR
December 10, 2024
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Aram Kouyoumdjian, Director of Human Resources Subject: Establish Classification and Salary – Senior Paralegal
RECOMMENDATION
Adopt a Resolution establishing the job class specification and salary of Senior Paralegal with an hourly salary range of $47.4636 to $57.6923, and an annual range of $98,724.30 to $120,000.00.
FISCAL IMPACT
The proposed pay range of $47.4636 to $57.6923 will have a fiscal impact of approximately $98,724.30 to $120,000.00 annually per full-time position, or $179,974.40 to $218,760.00 with added fringe benefits.
CURRENT SITUATION AND ITS EFFECTS
The classification of Senior Paralegal will serve as a lead and provide technical guidance to paralegals, bridging the highly technical aspects of litigation management, advice, and counsel between the attorneys and paralegals. The newly created job classification includes the knowledge, skills, and abilities that represent the current industry standards, and mirrors duties performed in surrounding municipalities. The pay range reflects a 10% increase above the Paralegal classification and is reflective of the mean among other agencies that utilize these classifications.
Step 1 Step 2 Step 3 Step 4 Step 5
$47.4636 $49.8368 $52.3286 $54.9451 $57.6923
BACKGROUND
Paraprofessional legal work in the City Attorney’s Office is currently performed by the Paralegal classification, but the department has identified a need for more complex duties and lead responsibilities.
Senior Paralegal – Job Class Specifications and Salary Range Consent Calendar December 10, 2024
The newly-proposed Senior Paralegal classification was submitted to the Personnel Board at its meeting of November 4, 2024 and approved by unanimous vote.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects or opportunities associated with the subject of this report.
RATIONALE FOR RECOMMENDATION
This job class specification is being created to bridge the gap between the Paralegal job classification and the Deputy City Attorney job classifications that involve more complex paraprofessional duties and lead responsibilities.
ALTERNATIVE ACTIONS CONSIDERED
None.
CONTACT PERSON
Aram Kouyoumdjian, Director of Human Resources, (510) 981-6807.
ATTACHMENTS
1: Resolution
Exhibit A: Senior Paralegal – Job Class Specifications and Salary Range
Senior Paralegal – Job Class Specifications and Salary Range Consent Calendar December 10, 2024
RESOLUTION NO. XX,XXX- N.S.
NEW JOB SPECIFICATIONS AND SALARY RANGE FOR SENIOR PARALEGAL WHEREAS, the Human Resources Department maintains the Classification and Compensation plan for the City of Berkeley; and
WHEREAS, job specifications are foundational components of the City’s Classification and Compensation plan; and
WHEREAS, the Human Resources Department developed job specifications for the Senior Paralegal classification with an hourly salary range of $47.4636 to $57.6923; and WHEREAS, the Personnel Board recommended on November 4, 2024 to adopt the new job specifications and salary range for the Senior Paralegal class.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the classification for Senior Paralegal is established with a salary range and classification as shown in Exhibit A, effective December 10, 2024;
BE IT FURTHER RESOLVED that the Senior Paralegal classification have an hourly salary range of $47.4636 to $57.6923 over five (5) salary steps:
Step 1 Step 2 Step 3 Step 4 Step 5
$47.4636 $49.8368 $52.3286 $54.9451 $57.6923
Exhibit A:
Senior Paralegal – Job Class Specifications and Salary Range
Senior Paralegal – Job Class Specifications and Salary Range Consent Calendar December 10, 2024
EXHIBIT A
CITY OF BERKELEY
SENIOR PARALEGAL
Class Code
TBD
Pay
$47.46 - $57.69 Hourly
$3,797.09 - $4,615.38 Biweekly
$8,227.02 - $10,000.00 Monthly
$98,724.30 - $120,000.00 Annually
Established
December 10, 2024
Description
DEFINITION
Under general direction, assist attorneys in the preparation of complex and significant cases for trial and hearing matters. This class serves as the lead-level and is responsible for providing technical guidance to subordinate paralegals. They develop work processes, procedures, facilitate training programs, and serve as a resource for legal matters. Incumbents organize, monitor and schedule work while serving in the lead capacity. This class conducts extensive legal research and interprets pertinent case law, performs the more difficult and complex assignments and prepares exhibits and witnesses for trial, analyzes existing information regarding the case at hand, and develops the content of legal documents as required.
CLASS CHARACTERISTICS
The Senior Paralegal is the advanced journey-level classification. Positions allocated to this class report to an attorney and are assigned the most complex and difficult legal assignments that are performed under the direction, supervision, and technical review of an attorney. The work performed requires knowledge of legal concepts, principles, terminology and procedures, and the extensive use of legal reference materials. This position processes a wide variety of complex and difficult civil actions and litigation requiring a thorough knowledge of legal formats and mechanisms. The Senior Paralegal is distinguished from the Paralegal by its lead role in overseeing workloads and providing technical guidance, level of responsibility, accountability, complexity of duties, utilization of independent judgment on actions taken, and amount of time spent performing these duties.
EXAMPLES OF DUTIES
The following list of duties is intended only to describe the various types of work that may be performed and the level of technical complexity of the assignment(s) and is not intended to be an all-inclusive list of duties. The omission of a specific duty statement does not exclude it from the position if the work is consistent with the concept of the classification or is similar or closely related to another duty statement.
1. Serves as lead, to include assigning and monitoring work, training employees in work methods, and providing work direction to Paralegal or other clerical staff.
Senior Paralegal – Job Class Specifications and Salary Range Consent Calendar December 10, 2024
2. Provides input on work performance evaluations and assists with staff development.
3. Gathers evidence and performs legal research by collecting documents, materials, and reports from witnesses or various stakeholders, including research that is not available through routine sources and requires deviation from established procedures.
4. Provide administrative support for trials, including but not limited to, drafting and managing pleadings, drafting discovery, coordinating witnesses, managing exhibits, coordinating with court reporters, coordinating with court clerks, coordinating with outside counsel.
5. May have responsibilities for highly specialized and complex assignments requiring a high level of independence including the organization, preparation, and analysis of associated memoranda.
6. Assists attorneys in extensive preparation of highly sensitive and complex cases involving criminal, civil or administrative cases at all phases of case preparation.
7. Conducts and reviews client and witness interviews in fact-finding or litigation; reviews information to ensure sufficiency and accuracy and identifies additional information required.
8. Locates statutes and relevant case citations; reviews documents to determine compliance with statutes, court decisions, and other applicable laws.
9. Prepares complex correspondence, reports, memoranda, and file legal documents with court.
10. Analyzes elements of cases to identify legal questions.
11. Directs preparation of subpoenas and assures witness compliance.
12. Attends court and directs preparation of court orders by paralegals.
13. Assists with Budget-related tasks.
14. May develop, conduct, and/or facilitate Paralegal training programs.
15. Performs related duties as assigned.
KNOWLEDGE AND ABILITIES
Note: The level and scope of the knowledge and skills listed below are related to the job duties as defined under Class Characteristics.
Knowledge of:
1. Principles, concepts and methodology of complex legal research, discovery and fact investigation.
2. Principles and techniques of training of civil and/or criminal legal processes.
3. Law office procedures, legal research, trial procedures, municipal law, and civil procedures.
4. Legal principles and practices.
5. Legal terminology.
6. Principles of legal writing.
7. Content and language requirements of legal documents.
8. Rules of evidence and the conduct of court proceedings.
9. Investigative interviewing techniques.
10. Ethics and legal practice.
11. Preparation of points, authorities, and memoranda.
12. English grammar, spelling, punctuation, and language mechanics.
13. Supervisory principles and practices, including performance evaluation and assessment.
14. Budgetary principles and practices and the development and implementation of goals and objectives.
Senior Paralegal – Job Class Specifications and Salary Range Consent Calendar December 10, 2024
Ability to:
1. Plan, organize, assign, direct, review, and evaluate the work of professional, technical, and office support staff and manage employees; provide feedback on performance; evaluate progress; determine work priorities; assign work and ensure proper completion of assignments.
2. Perform advanced legal research.
3. Analyze complex legal problems.
4. Interpret and analyze applicable state and federal codes.
5. Extract and organize information from diverse, complex, and obscure sources.
6. Present statements of fact and law and argue clearly and logically in written and oral form.
7. Establish and maintain effective working relationships with members of the legal profession, public officials, and the public.
8. Effectively communicate with a variety of individuals representing diverse cultures and backgrounds and function calmly in stressful situations, which will require a high degree of sensitivity, tact and diplomacy.
9. Produce clear and concise documents.
10. Interpret applicable state and federal codes, laws, and statutes.
11. Exercise appropriate judgment in answering questions and releasing information.
12. Negotiate and resolve administrative issues.
13. Prioritize caseload to meet deadlines.
Minimum Qualifications
A TYPICAL WAY OF GAINING THE KNOWLEDGE AND SKILLS OUTLINED ABOVE IS:
Possession of one of the following at time of application:
1. Certificate of completion of a paralegal program approved by the American Bar Association.
2. Certificate of completion of a paralegal program at, or a degree from, a postsecondary institution that requires the successful completion of a minimum of 24 semester, or equivalent, units in law-related courses and that has been accredited by a national or regional accrediting organization or approved by the Bureau for Private Postsecondary and Vocational Education.
3. Baccalaureate degree or an advanced degree in any subject, a minimum of two years of law-related experience under the supervision of an attorney who has been an active member of the State Bar of California for at least the preceding three years or who has practiced in the federal courts of this state for at least the preceding three years, and a written declaration from this attorney stating that the person is qualified to perform paralegal tasks.
4. High school diploma or general equivalency diploma, a minimum of five years of law- related experience under the supervision of an attorney who has been an active member of the State Bar of California for at least the preceding three years or who has practiced in the federal courts of this state for at least the preceding three years, and a written declaration from this attorney stating that the person is qualified to perform paralegal tasks.
LICENSE/CERTIFICATION
Certificate of completion from a paralegal program approved by the American Bar Association (ABA) at time of application.
Senior Paralegal – Job Class Specifications and Salary Range Consent Calendar December 10, 2024
Every two years, Senior Paralegal must certify completion of four hours of mandatory continuing legal education in legal ethics and four hours of mandatory continuing legal education in either general law or in an area of specialized law. All continuing legal education courses shall meet the requirements of California Code, Business and Professions Code - BPC § 6070.Certification of these continuing education requirements shall be made with the paralegal's supervising attorney. The paralegal shall be responsible for keeping record of the paralegal's certifications.
OTHER REQUIREMENTS
Must be able to travel to various locations within and outside the City of Berkeley to fulfill the job responsibilities. When driving on City business, the incumbent is required to maintain a valid California driver's license as well as a satisfactory driving record.
TOOLS AND EQUIPMENT
Personal computer, including various software; phone; calculator; copy and facsimile machine.
PHYSICAL AND MENTAL REQUIREMENTS
Frequent walking, standing, sitting, kneeling, squatting, and twisting and bending at the waist. Ability to speak and hear well enough to communicate and take direction in person, over the telephone, and in the courtroom. Ability to read standard text, fine print, various handwritings, view a computer monitor, and to drive. May be required to lift up to 25 pounds. Manual dexterity to handwrite and/or use a computer keyboard. Ability to perform daily tasks with independent body mobility, agility, and stamina sufficient to stand, or sit, walk, stoop, and bend routinely for prolonged periods. Ability to operate office equipment requiring repetitive hand movement and fine coordination, including use of a computer keyboard. Ability to independently reason and analyze data, and to reach objective conclusions. Ability to work under stressful conditions, deadlines, and competing priorities. Ability to work with other individuals successfully and collaboratively.
WORKING CONDITIONS
Work is performed in a typical temperature-controlled office environment subject to typical office noise and environment. Positions may be required to work outside of normal business including evenings and weekends.
CLASSIFICATION HISTORY
Classification Code: TBD
Classification Established: TBD
FLSA Status: Non-Exempt (Overtime)
Representation Unit: Unrepresented
Probationary Period: One Year
Workers’ Comp Code: 8810