Berkeley City Council
January 21, 2025

5 D. T
he Railroad's review and approval of the Plans will in no way relieve the Political Body or the Contractor from their responsibilities, obligations and/or liabilities under this Agreement, and will be given with the understanding that the Railroad makes no representations or warranty as to the validity, accuracy, legal compliance or completeness of the Plans and that any reliance by the Political Body or Contractor on
the Plans is at the risk of the Political Body and Contractor.

Section 9. NON-RAILROAD IMPROVEMENTS

A. Submittal of plans and specifications for protecting, encasing, reinforcing, relocation, replacing, removing and abandoning in place all non- railroad owned facilities (the "Non Railroad Facilities") affected by the Project including, without limitation, utilities, fiber optics, pipelines, wirelines, communication lines and fences is required under Section 8. The Non Railroad Facilities plans and specifications shall comply with Railroad's standard specifications and requirements, including, without lim itation, American Railway Engineering and Maintenance- of-Way Association ("AREMA") standards and guidelines. Railroad has no obligation to supply additional land for any Non Railroad Facilities and does not waive its right to assert preemption defenses, challenge the right -to-take, or pursue compensation in any condemnation action, regardless if the submitted Non Railroad Facilities plans and specifications comply with Railroad's standard specifications and requirements. Railroad has no obligation to permit any Non Railroad Facilities to be abandoned in place or relocated on Railroad's property.

B. Upon Railroad's approval of submitted Non Railroad Facilities plans and specifications, Railroad will attempt to incorporate them into new agreements or supplements of existing agreements with Non Railroad Facilities owners or operators.

Railroad may use its standard ter ms and conditions, including, without limitation, its standard license fee and administrative charges when requiring supplements or new agreements for Non Railroad Facilities. Non Railroad Facilities work shall not commence before a supplement or new agreement has been fully executed by Railroad and the Non Railroad Facilities owner or operator, or before Railroad and Political Body mutually agree in writing to (i) deem the approved Non Railroad Facilities plans and specifications to be Plans pursuant to Section 8B, (ii) deem the Non Railroad Facilities part of the Structure, and (iii) supplement this Agreement with terms and conditions covering the Non Railroad Facilities.

Section 10. EFFECTIVE DATE; TERM; TERMINATION

A. This Agreement is effective as of the Effective Date first herein written and shall continue in full force and effect for as long as the Roadway remains on the Railroad’s property.

B. The Railroad, if it so elects, may terminate this Agreement effective upon delivery of written notice to the Political Body in the event the Political Body does not

6 commence construction on the portion of the Project located on the Railroad’s property within twelve (12) months from the Effective Date.

C. I
f the Agreement is terminated as provided above, or for any other reason, the Political Body shall pay to the Railroad all actual costs incurred by the Railroad in connection with the Project up to the date of termination, including, without limitation , all actual costs incurred by the Railroad in connection with reviewing any preliminary or final Project Plans.

Section 11. CONDITIONS TO BE MET BEFORE

POLITICAL BODY CAN COMMENCE WORK

Neither the Political Body nor the Contractor may commence any work within the C
rossing Area or on any ot
her Railroad property until:

(i) The Railroad and Political Body have executed this Agreement.

(ii) The Railroad has provided to the Political Body the Railroad’s written approval of the Plans.

(iii) Each Contractor has executed Railroad’s Contractor’s Right of Entry Agreement and has obtained and/or provided to the Railroad the insurance policies, certificates, binders, and/or endorsements required under the Contractor’s Right of Entry Agreement.

(iv) Each Contractor has given the advance notice(s) required under the Contractor's Right of Entry Agreement to the Railroad Representative named in the Contactor's Right of Entry Agreement.

Section 12. FUTURE PROJECTS

F
uture projects involving substantial maintenance, repair, reconstruction, renewal and/or demolition of the Roadway shall not commence until Railroad and Political Body agree on the plans for such future projects, cost allocations, right of entry terms and conditions and temporary construction rights, terms and conditions.

Section 13. ASSIGNMENT; SUCCESSORS AND ASSIGNS

A. P
olitical Body shall not assign this Agreement without the prior written consent of Railroad.

B. Subject to the provisions of Paragraph A above, this Agreement shall inure to the benefit of and be binding upon the successors and assigns of Railroad and Political Body.

7 Section 14. SPECIAL PROVISIONS PERTAINING TO AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009

If the Political Body will be receiving American Recovery and Reinvestment Act ("ARRA") funding for the Project, the Political Body agrees that it is responsible in performing and completing all ARRA reporting documents for the Project. The Political Body confirms and acknowledges that Section 1512 of the ARRA provisions applies only to a "recipient" receiving ARRA funding directing from the federal government and, therefore, (i) the ARRA reporting requirements are the responsibility of the Political Body and not of the Railroad, and (ii) the Political Body shall not delegate any ARRA reporting responsibilities to the Railroad. The Political Body also confirms and acknowledges that (i) the Railroad shall provide to the Political Body the Railroad's standard and customary billing for expenses incurred by the Railroad for the Project including the Railroad's standard and customary documentation to support such billing, and (ii) such standard and customary billing and documentation from the Railroad provides the information needed by the Political Body to perform and complete the ARRA reporting documents. The Railroad confirms that the Political Body and the Federal Highway Administration shall have the right to audit the Railroad's billing and documentation for the Project as provided in Section 11 of Exhibit B of this Agreement.

Section 15. TERMINATION OF ORIGINAL AGREEMENT

Upon the completion of the Roadway, the original agreement either governing currently, or any agreement to be found in the future at the existing at -grade crossing, shall terminate and the terms and conditions of this Agreement shall govern the use, maintenance and repair of the Roadway.

Section 16. ANNUAL SIGNAL MAINTENANCE FEE

A. Effective as of three years from effective date of this Agreement or the date of installation and/or the in- service date of the new and/or improved or existing Grade Crossing Signal System(s) ("Signal System”), the Political Body, in addition to maintaining at its sole cost and expense the portion of the Roadway described in Section 2 of Exhibit B, agrees to pay to Railroad the sum of Thirty Thousand Three Hundred Twenty Nine Dollars ($30,329.00) per annum, payable annually in advance, as payment for Railroad's maintenance of the Signal System that is installed at the Roadway. The annual signal maintenance fee is calculated as shown on the attached Exhibit F, attached hereto and made a part hereof.

B. The above annual signal maintenance fee for Railroad's maintenance of the Signal System is based on the number of current signal units installed at the Roadway. If the Signal System is improved and/or altered in any way, the Political Body must notify the Railroad in writing and the annual signal maintenance fee will be increased at a rate based on the American Railway Engineering and Maintenance of Way Association (AREMA) signal unit cost index. If the Political Body fails to notify Railroad of any improvement or alteration to the Signal System, the Railroad may increase the annual

8 signal maintenance fee at a rate based on the AREMA signal unit cost index any time after the date of installation and/or improvement of the Signal System. The signal unit base for the annual signal maintenance fee may also be re- determined by the Railroad at any time subsequent to the expiration of five (5) years following the date on which the annual signal maintenance fee was last determined or established. Any such changes in the annual signal maintenance fee referenced in Article 2 may be made by means of automatic adjustment in billing.

9 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as of the Effective Date first herein written.

UNI

ON PACIFIC RAILROAD COMPANY
(Federal Tax ID #94-6001323)

By: _________________________________
Printed Name: ________________________
Title: ________________________________

CITY OF BERKELEY

By: ________________________________
Printed Name: ________________________
Title: ________________________________

EXHIBIT A
TO

PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT

Exhibit A will be a print showing the Crossing Area (see Recitals)

EXHIBIT A-1
TO

PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT

Exhibit A-1 will be the Political Body’s type, size and location prints of the Project (see Recitals)

COPYRIGHT © BKF ENGINEERS2021

BERKELEY COMMONS RAILROAD IMPROVEMENTS

BANCROFT WAY

CITY OF BERKELEY, ALAMEDA COUNTY

BKF ENGINEERS
255 SHORELINE DRIVE
SUITE 200
REDWOOD CITY, CA 94065
(650) 482-6300
www.bkf.com
DRAWING NAME: \\BKF-SJ\vol4\2019\191091-11_Berkeley_Commons_GO88\ENG\EXHIBITS\Bancroft Crossing\Berkeley Bancroft RR Exhibit.dwg PLOT DATE: 08-08-22 PLOTTED BY: leea

CPUC LAYOUT EXHIBIT

BANCROFT WAY

FOURTH STREET

SEE RIGHT FOR DETAIL
KEEP
CLEAR
KEEP
CLEAR

FACE OF CURB

PAINT RED, TYPICAL

FACE OF CURB

PAINT RED, TYPICAL

INCREASED CURB RADIUS TO

ALLOW EFFICIENT TRUCK

BACKUP MOVEMENT

CENTERLINE

RIGHT OF WAY LINE RIGHT OF WAY LINE

CENTERLINE

EX FACEOF CURBPAINT REDTYPICALEX FACEOF CURBPAINT REDTYPICAL RIGHT OFWAY LINEPAINTDOUBLEYELLOWCENTERLINEPER MUTCDSTANDARDSCH 3B

RELOCATE RAILROAD CROSSING SIGN
W10 PER MUTCD STANDARDS CH 8BADD W48(CA) SIGNAGE TO INDICATE

NUMBER OF TRACKS
RESTRIPE RAILROAD CROSSING PAVEMENTMARKINGS PER MUTCD STANDARDS CH 8B

RELOCATED RAILROAD GATE UNDER SEPARATE PROJECT

16.5' FROM CENTERLINE OF EAST ACTIVE MAINLINE
24" WIDE WHITE STOP BAR
KEEP
CLEAR
KEEP
CLEAR159.47'± TO RAIL GATE

18.50'

17.65'±

23.90'

11.50'12.35'±
101.67'132.51'

18.50'

22.40'± DWY

TO REMAIN

20.74'± DWY
TO REMAIN24.98'± DWY

TO REMAIN

17.65'±
104' PER MUTCD STANDARDS CH 2C TABLE 2C-4
100' PER MUTCD STANDARDS CH 8B, SEE FIGURE 8B-6

52.89'

25.00'

8.00'

GAP FOR NEIGHBOR

DRIVEWAY ACCESS

GAP FOR NEIGHBOR

DRIVEWAY ACCESS

MOUNTABLE MEDIAN TO DISCOURAGE
MOVEMENT AROUND STOPPED TRAFFIC.

PROJECT TO MAINTAIN MEDIAN TO BE IN

OPERABLE CONDITION THROUGHOUT

MOUNTABLE MEDIAN WITH BOLLARDS

TO DISCOURAGE MOVEMENT

AROUND STOPPED TRAFFIC

MOUNTABLE MEDIAN WITH BOLLARDS TO

DISCOURAGE MOVEMENT AROUND STOPPED TRAFFIC

GAP FOR PROJECT AND

NEIGHBOR DRIVEWAY ACCESS

MOUNTABLE MEDIAN WITH BOLLARDS TO

DISCOURAGE MOVEMENT AROUND

STOPPED TRAFFIC

16.50'
60'
THESE DRAWINGS AND SPECIFICATIONS ARE THE PROPERTY AND COPYRIGHT OF WARE MALCOMB AND SHALL NOT BE USED ON ANY OTHER WORK EXCEPT BY AGREEMENT WITH WARE MALCOMB. WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED ON THE JOB SITE. ANY DISCREPANCY SHALL BE BROUGHT TO THE NOTICE OF WARE MALCOMB PRIOR TO THE COMMENCEMENT OF ANY WORK.

CAUTION: IF THIS SHEET IS NOT 30"x42" IT IS A REDUCED PRINT SHEET
PA / PM:

JOB NO.:

DESIGNED:

REMARKSDATENO.

Sheetof

FOR AND ON BEHALF

OF WARE MALCOMB
DATE:

PLOT DATE:PLOT DATE:
suite 300
4683 chabot dr
pleasanton, ca 94588
p 925.244.9620
waremalcomb.com

C I V I L E N G I N E E R I N G
747 BANCROFT

BERKELEY, CALIFORNIA

OFFSITE IMPROVEMENTS

FOR RAILROAD AND CPUC REVIEW
SNR21-4002
M. MURPHY
STAFF
June 2023
EX-1
11 06.09.2023

NOT FOR CONSTRUCTION
0 SCALE: 1" =
102040
20'
0 SCALE: 1" =
51020
10'

BANCROFT WAY

FOURTH STREET
SU - Single Unit Truck
SU - Single Unit Truck
KEEP
CLEAR
KEEP
CLEAR

10.0'
30 420
SU - Single Unit Truck
Overall Length30.000ft
Overall Width8.000ft
Overall Body Height11.881ft
Min Body Ground Clearance1.367ft
Track Width8.000ft
Lock-to-lock time5.00s
Curb to Curb Turning Radius42.000ft

BANCROFT WAY

FOURTH STREET
Mercedes Sprinter Panel Van 518CDI Extra Long Super High Roof Mercedes Sprinter Panel Van 518CDI Extra Long Super High Roof KEEP
CLEAR
KEEP
CLEAR

24.098

3.28114.19
Mercedes Sprinter Panel Van 518CDI Extra Long Super High Roof Overall Length24.098ft
Overall Width6.539ft
Overall Body Height9.942ft
Min Body Ground Clearance1.312ft
Track Width6.539ft
Lock-to-lock time5.00s
Wall to Wall Turning Radius25.591ft
THESE DRAWINGS AND SPECIFICATIONS ARE THE PROPERTY AND COPYRIGHT OF WARE MALCOMB AND SHALL NOT BE USED ON ANY OTHER WORK EXCEPT BY AGREEMENT WITH WARE MALCOMB. WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED ON THE JOB SITE. ANY DISCREPANCY SHALL BE BROUGHT TO THE NOTICE OF WARE MALCOMB PRIOR TO THE COMMENCEMENT OF ANY WORK.

CAUTION: IF THIS SHEET IS NOT 30"x42" IT IS A REDUCED PRINT SHEET
PA / PM:

JOB NO.:

DESIGNED:

REMARKSDATENO.

Sheetof

FOR AND ON BEHALF

OF WARE MALCOMB
DATE:

PLOT DATE:PLOT DATE:
suite 300
4683 chabot dr
pleasanton, ca 94588
p 925.244.9620
waremalcomb.com

C I V I L E N G I N E E R I N G
6/02/23
747 BANCROFT

BERKELEY, CALIFORNIA

OFFSITE IMPROVEMENTS

FOR RAILROAD AND CPUC REVIEW
SNR21-4002
M. MURPHY
STAFF
JUNE 2023
EX-1.1
11 06.09.2023

NOT FOR CONSTRUCTION
0 SCALE: 1" =
102040
20'
DETAIL 2 - SU-30 TRUCK MOVEMENT AT LOADING DOCK
0 SCALE: 1" =
102040
20'
DETAIL 1 - DELIVERY TRUCK MOVEMENT AT DRIVEWAY

Public Highway At-Grade Crossing 03/01/13
Standard Form Approved, AVP-Law
1 EXHIBIT B
TO

PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT

SECTION 1. CONDITIONS AND COVENANTS

A. The Railroad makes no covenant or warranty of title for quiet possession or against encumbrances. The Political Body shall not use or permit use of the Crossing Area for any purposes other than those described in this Agreement. Without limiting the foregoing, the Political Body shall not use or permit use of the Crossing Area for railroad purposes, or for gas, oil or gasoline pipe lines. Any lines constructed on the Railroad's property by or under authority of the Political Body for the purpose of conveying electric power or communications incidental to the Political Body's use of the property for highway purposes shall be constructed in accordance with specifications and requirements of the Railroad, and in such manner as not adversely to affect communication or signal lines of the Railroad or its licensees now or hereafter located upon said property. No nonparty shall be admitted by the Political Body to use or occupy any part of the Railroad's property without the Railroad's written consent. Nothing herein shall obligate the Railroad to give such consent.

B. The Railroad reserves the right to cross the Crossing Area with such railroad tracks as may be required for its convenience or purposes. In the event the Railroad shall place additional tracks upon the Crossing Area, the Political Body shall, at its sole cost and expense, modify the Roadway to conform with all tracks within the Crossing Area.

C. The right hereby granted is subject to any existing encumbrances and rights (whether public or private), recorded or unrecorded, and also to any renewals thereof.

The Political Body shall not damage, destroy or interfere with the property or rights of nonparties in, upon or relating to the Railroad's property, unless the Political Body at its own expense settles with and obtains releases from such nonparties.

D. The Railroad reserves the right to use and to grant to others the right to use the Crossing Area for any purpose not inconsistent with the right hereby granted, including, but not by way of limitation, the right to construct, reconstruct, maintain, operate, repair, alter, renew and replace tracks, facilities and appurtenances on the property; and the right to cross the Crossing Area with all kinds of equipment.

E. So far as it lawfully may do so, the Political Body will assume, bear and pay all taxes and assessments of whatsoever nature or kind (whether general, local or special) levied or assessed upon or against the Crossing Area, excepting taxes levied upon and against the property as a component part of the Railroad's operating property.

2 F. If any property or rights other than the right hereby granted are necessary for the construction, maintenance and use of the Roadway and its appurtenances, or for the performance of any work in connection with the Project, the Political Body will acquire all such other property and rights at its own expense and without expense to the Railroad.

SECTION 2. CONSTRUCTION OF ROADWAY

A. The Political Body, at its expense, will apply for and obtain all public authority required by law, ordinance, rule or regulation for the Project, and will furnish the Railroad upon request with satisfactory evidence that such authority has been obtained.

B. Except as may be otherwise specifically provided herein, the Political Body, at its expense, will furnish all necessary labor, material and equipment, and shall construct and complete the Roadway and all appurtenances thereof. The appurtenances shall include, without limitation, all necessary and proper highway warning devices (except those installed by the Railroad within its right of way) and all necessary drainage facilities, guard rails or barriers, and right of way fences between the Roadway and th e railroad tracks. Upon completion of the Project, the Political Body shall remove from the Railroad's property all temporary structures and false work, and will leave the Crossing Area in a condition satisfactory to the Railroad.

C. All construction work of the Political Body upon the Railroad's property (including, but not limited to, construction of the Roadway and all appurtenances and all related and incidental work) shall be performed and completed in a manner satisfactory to the Assistant Vice President Engineering- Design of the Railroad or his authorized representative and in compliance with the Plans, and other guidelines furnished by the Railroad.

D. All construction work of the Political Body shall be performed diligently and completed within a reasonable time. No part of the Project shall be suspended, discontinued or unduly delayed without the Railroad's written consent, and subject to such reasonable conditions as the Railroad may specify. It is understood that the Railroad's tracks at and in the vicinity of the work will be in constant or frequent use during progress of the work and that movement or stoppage of trains, engines or cars may cause delays in the work of the Political Body. The Political Body hereby assumes the risk of any such delays and agrees that no claims for damages on account of any delay shall be made against the Railroad by the State and/or the Contractor.

SECTION 3. INJURY AND DAMAGE TO PROPERTY

If the Political Body, in the performance of any work contemplated by this Agreement or by the failure to do or perform anything for which the Political Body is responsible under the provisions of this Agreement, shall injure, damage or destroy any property of the Railroad or of any other person lawfully occupying or using the property of the Railroad, such property shall be replaced or repaired by the Political Body at the

3 Political Body's own expense, or by the Railroad at the expense of the Political Body, and to the satisfaction of the Railroad's Assistant Vice President Engineering-Design.

SECTION 4. RAILROAD MAY USE CONTRACTORS TO PERFORM WORK

The Railroad may contract for the performance of any of its work by other than the Railroad forces. The Railroad shall notify the Political Body of the contract price within ninety (90) days after it is awarded. Unless the Railroad's work is to be performed on a fixed price basis, the Political Body shall reimburse the Railroad for the amount of the contract.

SECTION 5. MAINTENANCE AND REPAIRS

A. T
he Political Body shall, at its own sole expense, maintain, repair, and renew, or cause to be maintained, repaired and renewed, the entire Crossing Area and Roadway, except the portions between the t
rack tie ends, which shall be maintained by the
Railroad at the Political Body’s expense.

B. If, in the future, the Political Body elects to have the surfacing material between the track tie ends, or between tracks if there is more than one railroad track across the Crossing Area, replaced with paving or some surfacing material other than tim ber planking, the Railroad, at the Political Body’s expense, shall install such replacement surfacing, and in the future, to the extent repair or replacement of the surfacing is necessitated by repair or rehabilitation of the Railroad’s tracks through the C rossing Area, the Political Body shall bear the expense of such repairs or replacement.

SECTION 6. CHANGES IN GRADE

I
f at any time the Railroad shall elect, or be required by competent authority to, raise or lower the grade of all or any portion of the track (s) located within the Crossing
Area, the Political Body shall, at its own expense, conform the Roadway to conform with the change of grade of the trackage.

SECTION 7. REARRANGEMENT OF WARNING DEVICES

I
f the change or rearrangement of any warning device installed hereunder is necessitated for public or Railroad convenience or on account of improvements for either the Railroad, highway or both, the parties will apportion the expense incidental thereto between themselves by negotiation, agreement or by the order of a competent authority before the change or rearrangement is undertaken.

SECTION 8. S
AFETY MEASURES; PROTECTION

OF RAILROAD COMPANY OPERATIONS

It is understood and recognized that safety and continuity of the Railroad's operations and communications are of the utmost importance; and in order that the

4 same may be adequately safeguarded, protected and assured, and in order that accidents may be prevented and avoided, it is agreed with respect to all of said work of the Political Body that the work will be performed in a safe manner and in conformity with the following standards:

A. Definitions. All references in this Agreement to the Political Body shall also include the Contractor and their respective officers, agents and employees, and others acting under its or their authority; and all references in this Agreement to work of the Political Body shall include work both within and outside of the Railroad’s property.

B. Entry on to Railroad's Property by Political Body . If the Political Body's employees need to enter Railroad's property in order to perform an inspection of the Roadway, minor maintenance or other activities, the Political Body shall first provide at least ten (10) working days advance notice to the Railroad Representative. With respect to such entry on to Railroad’s property, the Political Body, to the extent permitted by law, agrees to release, defend and indemnify the Railroad from and against any loss, damage, injury, liability, claim, cost or expense incurred by any person including, without limitation, the Political Body’s employees, or damage to any property or equipment (collectively the “Loss”) that arises from the presence or activities of Political Body’s employees on Railroad’s property, except to the extent that any Loss is caused by the sole direct negligence of Railroad.

C. Flagging.

(i) If the Political Body's employees need to enter Railroad's property as provided in Paragraph B above, the Political Body agrees to notify the Railroad Representative at least thirty (30) working days in advance of proposed performance of any work by Political Body in which any person or equipment will be within twenty -five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track. No w ork of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any time, for any reason, unless and until a Railroad flagman is provided to watch for trains. Upon receipt of such thirty (30) day notice, the Railroad Representative will determine and inform Political Body whether a flagman need be present and whether Political Body needs to implement any special protective or safety measures. If flagging or other special protective or safety measures are performed by Railroad, Railroad will bill Political Body for such expenses incurred by Railroad. If Railroad performs any flagging, or other special protective or safety measures are performed by Railroad, Political Body agrees that Political Body is not relieved of any of its responsibilities or liabilities set forth in this Agreement.

(ii) The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight -hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for

5 vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed.

One and one- half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one- half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. I f the wage rate or additional charges are changed, Political Body shall pay on the basis of the new rates and charges.

(iii) Reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnished, unless the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work, even though Political Body may not be working during such time. When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Political Body must provide Railroad a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is not given, Political Body will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period. An additional thirty (30) days notice must then be given to Railroad if flagging services are needed again after such five day cessation notice has been given to Railroad.

D. Compliance With Laws . The Political Body shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work. The Political Body shall use only such methods as are consistent with safety, both as concerns the Political Body, the Political Body's agents and employees, the officers, agents, employees and property of the Railroad and the public in general. The Political Body (without limiting the generality of the foregoing) shall comply with all applicable state and federal occupational safety and health acts and regulations. All Federal Railroad Administration regulations shall be followed when work is performed on the Railroad's premises. If any failure by the Political Body to comply with any such laws, regulations, and enactments, shall result in any fine, penalty, cost or charge being assessed, imposed or charged against the Railroad, the Political Body shall reimburse, and to the extent it may lawfully do so, indemnify the Railroad for any such fine, penalty, cost, or charge, including without limitation attorney's fees, court costs and expenses.

The Political Body further agrees in the event of any such action, upon notice thereof being provided by the Railroad, to defend such action free of cost, charge, or expense to the Railroad.

6 E. No Interference or Delays. The Political Body shall not do, suffer or permit anything which will or may obstruct, endanger, interfere with, hinder or delay maintenance or operation of the Railroad's tracks or facilities, or any communication or signal lines, installations or any appurtenances thereof, or the operations of others lawfully occupying or using the Railroad's property or facilities.

F. Supervision. The Political Body, at its own expense, shall adequately police and supervise all work to be performed by the Political Body, and shall not inflict injury to persons or damage to property for the safety of whom or of which the Railroad may be responsible, or to property of the Railroad. The responsibility of the Political Body for safe conduct and adequate policing and supervision of the Project shall not be lessened or otherwise affected by the Railroad's approval of plans and specifications, or by the Railroad's collaboration in performance of any work, or by the presence at the work site of the Railroad's representatives, or by compliance by the Political Body with any requests or recommendations made by such representatives. If a representative of the Railroad is assigned to the Project, the Political Body will give due consideration to suggestions and recommendations made by such representative for the safety and protection of the Railroad's property and operations.

G. Suspension of Work. If at any time the Political Body's engineers or the Vice President-Engineering Services of the Railroad or their respective representatives shall be of the opinion that any work of the Political Body is being or is about to be done or prosecuted without due regard and precaution for safety and security, the Political Body shall immediately suspend the work until suitable, adequate and proper protective measures are adopted and provided.

H. Removal of Debris. The Political Body shall not cause, suffer or permit material or debris to be deposited or cast upon, or to slide or fall upon any property or facilities of the Railroad; and any such material and debris shall be promptly removed from the Railroad's property by the Political Body at the Political Body's own expense or by the Railroad at the expense of the Political Body. The Political Body shall not cause, suffer or permit any snow to be plowed or cast upon the Railroad's property during snow removal from the Crossing Area.

I. Explosives. The Political Body shall not discharge any explosives on or in the vicinity of the Railroad's property without the prior consent of the Railroad's Vice President-Engineering Services, which shall not be given if, in the sole discretion of the Railroad's Vice President-Engineering Services, such discharge would be dangerous or would interfere with the Railroad's property or facilities. For the purposes hereof, the "vicinity of the Railroad's property" shall be deemed to be any place on the Railroad's property or in such close proximity to the Railroad's property that the discharge of explosives could cause injury to the Railroad's employees or other persons, or cause damage to or interference with the facilities or operations on the Railroad's property.

The Railroad reserves the right to impose such conditions, restrictions or limitations on the transportation, handling, storage, security and use of explosives as the Railroad, in the Railroad's sole discretion, may deem to be necessary, desirable or appropriate.

7 J. Excavation. The Political Body shall not excavate from existing slopes nor construct new slopes which are excessive and may create hazards of slides or falling rock, or impair or endanger the clearance between existing or new slopes and the tracks of the Railroad. The Political Body shall not do or cause to be done any work which will or may disturb the stability of any area or adversely affect the Railroad's tracks or facilities. The Political Body, at its own expense, shall install and maintain adequ ate shoring and cribbing for all excavation and/or trenching performed by the Political Body in connection with construction, maintenance or other work. The shoring and cribbing shall be constructed and maintained with materials and in a manner approved by the Railroad's Assistant Vice President Engineering - Design to withstand all stresses likely to be encountered, including any stresses resulting from vibrations caused by the Railroad's operations in the vicinity.

K. Drainage. The Political Body, at the Political Body's own expense, shall provide and maintain suitable facilities for draining the Roadway and its appurtenances, and shall not suffer or permit drainage water therefrom to flow or collect upon property of the Railroad. The Political Body, at the Political Body's own expense, shall provide adequate passageway for the waters of any streams, bodi es of water and drainage facilities (either natural or artificial, and including water from the Railroad's culver t and drainage facilities), so that said waters may not, because of any facilities or work of the Political Body, be impeded, obstructed, diverted or caused to back up, overflow or damage the property of the Railroad or any part thereof, or property of others. The Political Body shall not obstruct or interfere with existing ditches or drainage facilities.

L. Notice. Before commencing any work, the Political Body shall provide the advance notice to the Railroad that is required under the Contractor's Right of Entry Agreement.

M. Fiber Optic Cables. Fiber optic cable systems may be buried on the Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Political Body shall visit up.com/CBUD to complete and submit the required form to determine if fiber optic cable is buried anywhere on Railroad's property to be used by the Political Body. If it is, Political Body will telephone the telecommunications company(ies) involved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the Railroad's premises.

SECTION 9. INTERIM WARNING DEVICES

If at anytime it is determined by a competent authority, by the Political Body, or by agreement between the parties, that new or improved train activated warning devices should be installed at the Crossing Area, the Political Body shall install adequate temporary warning devices or signs and impose appropriate vehicular control measures to protect the motoring public until the new or improved devices have been installed.

8 SECTION 10. OTHER RAILROADS

All protective and indemnifying provisions of this Agreement shall inure to the benefit of the Railroad and any other railroad company lawfully using the Railroad's property or facilities.

SECTION 11. BOOKS AND RECORDS

The books, papers, records and accounts of Railroad, so far as they relate to the items of expense for the materials to be provided by Railroad under this Project, or are associated with the work to be performed by Railroad under this Project, shall be open to inspection and audit at Railroad's offices in Omaha, Nebraska, during normal business hours by the agents and authorized representatives of Political Body for a period of three (3) years following the date of Railroad's last billing sent to Political Body.

SECTION 12. REMEDIES FOR BREACH OR NONUSE

A. If the Political Body shall fail, refuse or neglect to perform and abide by the terms of this Agreement, the Railroad, in addition to any other rights and remedies, may perform any work which in the judgment of the Railroad is necessary to place the Roadway and appurtenances in such condition as will not menace, endanger or interfere with the Railroad's facilities or operations or jeopardize the Railroad's employees; and the Political Body will reimburse the Railroad for the expenses thereof.

B. Nonuse by the Political Body of the Crossing Area for public highway purposes continuing at any time for a period of eighteen (18) months shall, at the option of the Railroad, work a termination of this Agreement and of all rights of the Political Body hereunder.

C. The Political Body will surrender peaceable possession of the Crossing Area and Roadway upon termination of this Agreement. Termination of this Agreement shall not affect any rights, obligations or liabilities of the parties, accrued or otherwise, which may have arisen prior to termination.

SECTION 13. MODIFICATION - ENTIRE AGREEMENT

No waiver, modification or amendment of this Agreement shall be of any force or effect unless made in writing, signed by the Political Body and the Railroad and specifying with particularity the nature and extent of such waiver, modification or amendment. Any waiver by the Railroad of any default by the Political Body shall not affect or impair any right arising from any subsequent default. This Agreement and Exhibits attached hereto and made a p art hereof constitute the entire understanding between the Political Body and the Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the work or any part thereof.

Public Highway At-Grade Crossing 03/01/13
Standard Form Approved, AVP-Law

EXHIBIT C
TO

PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT

Exhibit C (if applicable) will be Railroad's Material and Force Agreement Estimates.

Material And Force Account Estimate
Berkeley
Estimate Number: 144048 Version: 1
Standard Rates: Labor Additive = 70%
Estimate Good Until 05/31/24
Location: MARTINEZ SUB, NO 1, 5.9-5.94
Description of Work: 751176H Bancroft Way Berkeley CA 5.92 Martinez Sub Prepared For: Berkeley
Buy America: No
COMMENTS FACILITY Description QTY UOM UCST LABOR MATERIAL TOTAL UP %0 Agcy %100

ENGINEERING
Engineering 1 LS 23,942.00 23,942 0 23,942 0 23,942
Bill Prep Fee - Track Surface RECOLLECT 1 LS 900.00 0 900 900 0 900 Homeline Freight - Track Surface RECOLLECT 1 LS 900.00 0 900 900 0 900 Foreign Line Freight - Track Surface RECOLLECT 1 LS 1,276.02 0 1,276 1,276 0 1,276 Sub-Total = 23,942 3,076 27,018 0 27,018

TRACK CONSTRUCTION - COMPANY
Mobilization: Company 1 DA 11,450.00 11,450 0 11,450 0 11,450 Sub-Total = 11,450 0 11,450 0 11,450

TRACK REMOVAL - COMPANY
RDXING Remove road crossing - concrete 40 TF 56.82 2,273 0 2,273 0 2,273 TRACK Remove Track 40 TF 22.28 891 0 891 0 891
Sub-Total = 3,164 0 3,164 0 3,164

SITE WORK - CONTRACT
Asphalt 1 LS 37,000.00 0 37,000 37,000 0 37,000
Sub-Total = 0 37,000 37,000 0 37,000

EQUIPMENT RENTAL
Equipment Rental 1 LS 25,000.00 0 25,000 25,000 0 25,000 Sub-Total = 0 25,000 25,000 0 25,000
Total Wgt. in Tons = Totals = 38,556 65,076 103,632 0 103,632 Grand Total = $103,632
Please Note: The above figures are estimates only and are subject to fluctuation. In the event of an increase or decrease in the cost or amount of material or labor required, Berkeley will pay actual construction costs at the current rates effective thereof.
_________________________________________________________________________________________________________________________________________________________________________ Wednesday, May 31, 2023 Page 1 of 1

Material And Force Account Estimate
Lane Partners
Estimate Creation Date: 6/6/2023 Number: 144206 Version: 1 Estimate Good Until 06/07/24
Location: MARTINEZ SUB, NO 1, 2.33-7
Buy America: No
Description of Work: Martinez Sub MP 5.92 Berkeley, CA Bancroft Way DOT#751176H WO#60487 PID#119334 100% Recollectable
COMMENTS FACILITY Description SubDivision QTY UOM Unit LABOR MATERIAL TOTAL Cost
SIGNAL
Xing - 2 Trk CWE w/Gates MARTINEZ SUB 1 EA 152,876.00 48,800 104,076 152,876 Xing - Flasher/Ped (pair) 1 LS 57,560.00 16,000 41,560 57,560 Xing - IJ 2 PR 9,000.00 8,996 9,004 18,000
Xing - IXS Track Circuit 2 EA 14,951.00 11,072 18,830 29,902 PPEC Project MGMT Xing - Misc. 1 LS 15,000.00 0 15,000 15,000 Xing - Semi-Bi Coupler 4 EA 898.00 0 3,592 3,592
Xing - Sidelight 1 EA 907.00 0 907 907
Xing - Track Card (Main and
Stand-by) New Cable
3 EA 12,889.00 18,000 20,667 38,667
Xing - Track Filter/Battery Choke 8 EA 240.00 0 1,920 1,920 Xing - Dax Cable 1000' 7 EA 6,440.00 28,000 17,080 45,080 Gang Day - 5 Man 2 EA 5,500.00 11,000 0 11,000
Security Fencing Xing - Misc. 1 LS 16,000.00 0 16,000 16,000 Xing - Remove Location (Gates) 1 LS 2,000.00 2,000 0 2,000 Xing - Engineering Design 1 LS 17,897.83 17,898 0 17,898 Xing - Boring 1 LS 10,000.00 0 10,000 10,000
Xing - Fill/Rock/Gravel 1 LS 60,000.00 0 60,000 60,000
Standard 224.45% Xing - Labor Additive 1 LS 363,086.00 363,086 0 363,086 Xing - Meter Service 1 LS 5,000.00 0 5,000 5,000
Sub-Total = 524,852 323,636 848,488

PROJECT LEVEL COST
5% CONTINGENCIES Contingency 5 % 8,484.88 26,243 16,182 42,424 Sub-Total = 26,243 16,182 42,424
Totals = 551,094 339,818 890,912
Grand Total = $890,912
Disclaimer: This is a preliminary estimate, intended to provide a ballpark cost to determine whether a proposed project warrants further study. Quantities and costs are estimated using readily available information and experience with similar projects. Site conditions and changes in project scope and design may result in significant cost variance.
____________________________________________________________________________________________________________________________________ Wednesday, June 7, 2023 Page 1 of 2

DATE: 10/4/2023
LOCATION: SUBDIVISION STATE:

Berkeley, CA
DOT: 751176H Martinez CA
DESCRIPTION LABOR MATERIAL UP %0 Agency % 100 TOTAL
Project Management 4,000$ -$ -$ 4,000.00$ 4,000$ Construction Management 5,000$ -$ -$ 5,000.00$ 5,000$ Final Inspection 1,000$ -$ -$ 1,000.00$ 1,000$ RATE (per day) 1,500$
TOTAL PROJECT: 10,000$ -$ -$ 10,000.00$ $10,000 TOTAL ESTIMATED COST: $10,000
Flagging is NOT included in this estimate. Agencies are instructed to follow Union Pacific's Third Party Flagging Policy.

Please utilize the following link to Union Pacific's Third Party Flagging Policy:
https://www.up.com/real_estate/third-party-flagging/index.htm COSTS AT THE CURRENT RATES EFFECTIVE THEREOF.

ENGINEERING

FLAGGING / INSPECTION SERVICES
DESCRIPTION OF WORK: Engineering and other related services for work to be performed within railroad right of way. This includes project and construction management during construction activities in railroad right of way. All necessary railroad services will be billed at actual cost.

IN THE EVENT OF AN INCREASE OR DECREASE IN THE COST OR QUANTITY OF

MATERIAL OR LABOR REQUIRED, THE RAILROAD WILL BILL FOR ACTUAL

UNION PACIFIC RAILROAD COMPANY
BY THE

ESTIMATE OF FORCE ACCOUNT WORK
EXHIBIT C-1
THE ABOVE FIGURES ARE ESTIMATES ONLY AND SUBJECT TO FLUCTUATION.

1 Contractor's Right of Entry Public
Projects Form Approved 02/09/2022

EXHIBIT D
TO

PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT

CONTRACTOR'S

RIGHT OF ENTRY AGREEMENT

THIS AGREEMENT is made and entered into as of the day of , 20 , by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation ("Railroad"); and , a
("Contractor").

RECITALS:
corporation

Contractor has been hired by to
perform work relating to (the “Work”)
with all or a portion of such Work to be performed on property of Railroad in the vicinity of Railroad's Milepost on Railroad's [Subdivision or Branch] [at or near DOT No. located at or near , in County, State of ,
as such location is in the general location shown on the print marked Exhibit A , attached hereto and hereby made a part hereof, which Work is the subject of a contract dated between Railroad and .

Railroad is willing to permit Contractor to perform the Work described above at the location described above subject to the terms and conditions contained in this agreement

AGREEMENT:

NOW, THEREFORE, it is mutually agreed by and between Railroad and Contractor, as follows:

ARTICLE 1 - DEFINITION OF CONTRACTOR.

For purposes of this agreement, all references in this agreement to Contractor shall include Contractor's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority. For purposes of clarity, Contractor agrees that any CIC (defined below) hired by Contractor is a subcontractor of Contractor and therefore included in the defined term Contractor pursuant to the foregoing sentence.

ARTICLE 2 - RIGHT GRANTED; PURPOSE.

Railroad hereby grants to Contractor the right, during the term hereinafter stated and upon and subject to each and all of the terms, provisions and conditions herein contained, to enter upon and have ingress to and egress from the property described in the Recitals for the purpose of performing the Work described in the Recitals above. The right herein granted to Contractor is limited to those portions of Railroad's property specifically described herein, or as designated by the Railroad Representative named in Article 4.

ARTICLE 3 - TERMS AND CONDITIONS CONTAINED IN EXHIBITS B AND C.

The terms and conditions contained in Exhibit B and Exhibit C, attached hereto, are hereby made a part of this agreement.

2 Contractor's Right of Entry Public
Projects Form Approved 02/09/2022

ARTICLE 4 - ALL EXPENSES TO BE BORNE BY CONTRACTOR; RAILROAD REPRESENTATIVE.

A. Contractor shall bear any and all costs and expenses associated with any Work performed by Contractor (including without limitation any CIC), or any costs or expenses incurred by Railroad relating to this agreement.

B. Contractor shall coordinate all of its Work with the following Railroad representative or his or her duly authorized representative (the "Railroad Representative"):

C. Contractor, at its own expense, shall adequately police and supervise all Work to be performed by Contractor and shall ensure that such Work is performed in a safe manner as set forth in Section 7 of Exhibit B. The responsibility of Contractor for safe conduct and adequate policing and supervision of Contractor's Work shall not be lessened or otherwise affected by Railroad's approval of plans and specifications involving the Work, or by Railroad's collaboration in performance of any Work, or by the presence at the Work site of a Railroad Representative, or by compliance by Contractor with any requests or recommendations made by Railroad Representative.

ARTICLE 5 - SCHEDULE OF WORK ON A MONTHLY BASIS.

The Contractor, at its expense, shall provide on a monthly basis a detailed schedule of Work to the Railroad Representative named in Article 4B above. The reports shall start at the execution of this agreement and continue until this agreement is terminated as provided in this agreement or until the Contractor has completed all Work on Railroad’s property.

ARTICLE 6 - TERM; TERMINATION.

A. The grant of right herein made to Contractor shall commence on the date of this agreement, and continue until _______________________, unless sooner terminated as herein provided, or at such time as Contractor has completed its Work on Railroad's property, whichever is earlier. Contractor agrees to notify the Railroad Representative in writing when it has completed its Work on Railroad's property.

B. This agreement may be terminated by either party on ten (10) days written notice to the other party.

ARTICLE 7 - CERTIFICATE OF INSURANCE.

A. Before commencing any Work and throughout the entire term of this Agreement, Contractor, at its expense, shall procure and maintain in full force and effect the types and minimum limits of insurance specified in Exhibit C of this agreement and require each of its subcontractors to include the insurance endorsements as required under Section 12 of Exhibit B of this agreement.

B. Not more frequently than once every two (2) years, Railroad may reasonably modify the required insurance coverage to reflect then-current risk management practices in the railroad industry and underwriting practices in the insurance industry.

C. Upon request of Railroad, Contractor shall provide to Railroad a certificate issued by its insurance

3 Contractor's Right of Entry Public
Projects Form Approved 02/09/2022

carrier evidencing the insurance coverage required under Exhibit B.

D. Contractor understands and accepts that the terms of this Article are wholly separate from and independent of the terms of any indemnity provisions contained in this Agreement.

E. Upon request of Railroad, insurance correspondence, binders, policies, certificates and endorsements shall be sent to:

Union Pacific Railroad Company

[Insert mailing address]

Attn:

Project No. 0783795

ARTICLE 8 - PRECONSTRUCTION MEETING.

If the Work to be performed by the Contractor will involve the Railroad providing any flagging protection (or if a CIC is approved to provide flagging protection pursuant to the terms set forth herein) and/or there is separate work to be performed by the Railroad, the Contractor confirms that no work shall commence until the Railroad and Contractor participate in a preconstruction meeting involving flagging procedures and coordination of work activities of the Contractor and the Railroad (and any CIC, as applicable.)

ARTICLE 9. DISMISSAL OF CONTRACTOR'S EMPLOYEE.

At the request of Railroad, Contractor shall remove from Railroad's property any employee of Contractor who fails to conform to the instructions of the Railroad Representative in connection with the Work on Railroad's property, and any right of Contractor shall be suspended until such removal has occurred. Contractor shall indemnify Railroad against any claims arising from the removal of any such employee from Railroad's property.

ARTICLE 10. ADMINISTRATIVE FEE.

Upon the execution and delivery of this agreement, Contractor shall pay to Railroad One Thousand Twenty Five Dollars ($1,025.00) as reimbursement for clerical, administrative and handling expenses in connection with the processing of this agreement.

ARTICLE 11. CROSSINGS; COMPLIANCE WITH MUTCD AND FRA GUIDELINES.

A. No additional vehicular crossings (including temporary haul roads) or pedestrian crossings over Railroad's trackage shall be installed or used by Contractor without the prior written permission of Railroad.

B. Any permanent or temporary changes, including temporary traffic control, to crossings must conform to the Manual of Uniform Traffic Control Devices (MUTCD) and any applicable Federal Railroad Administration rules, regulations and guidelines, and must be reviewed by the Railroad prior to any changes being implemented. In the event the Railroad is found to be out of compliance with federal safety regulations due to the Contractor’s modifications, negligence, or any other reason arising from the Contractor’s presence on the Railroad’s property, the Contractor agrees to assume liability for any civil penalties imposed upon the Railroad for such noncompliance.

4 Contractor's Right of Entry Public
Projects Form Approved 02/09/2022

ARTICLE 12.- EXPLOSIVES.

Explosives or other highly flammable substances shall not be stored or used on Railroad's property without the prior written approval of Railroad.

IN WITNESS WHEREOF, the parties hereto have duly executed this agreement in duplicate as of the date first herein written.

UNION PACIFIC RAILROAD COMPANY

By:

Title:

(Name of Contractor)

By:

Name:

Title:

Phone:

E-Mail:

EXHIBIT A
TO
CONTRACTOR’S RIGHT OF ENTRY AGREEMENT

Exhibit A will be a print showing the general location of the work site.

1 EXHIBIT B
TO

CONTRACTOR'S RIGHT OF ENTRY AGREEMENT

Section 1. NOTICE OF COMMENCEMENT OF WORK - RAILROAD FLAGGING - PRIVATE FLAGGING.

A. Contractor agrees to notify the Railroad Representative at least ten (10) working days in advance of Contractor commencing its Work and at least thirty (30) working days in advance of proposed performance of any Work by Contractor in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track.

B. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any time, for any reason, unless and until a Railroad approved flagman is provided to watch for trains. Upon receipt of such thirty (30) -day notice, the Railroad Representative will determine and inform Contractor whether a flagman need be present and whether Contractor needs to implement any special protective or safety measures.

C. Contractor shall be permitted to hire a private contractor to perform flagging or other special protective or safety measures (such private contractor being commonly known in the railroad industry as a contractor-in-charge (“CIC”)) in lieu of Railroad providing such services or in concert with Railroad providing such services, subject to prior written approval by Railroad, which approval shall be in Railroad’s sole and absolute discretion. If Railroad agrees to permit Contractor to utilize a CIC pursuant to the preceding sentence, Contractor shall obtain Railroad’s prior approval in writing for each of the following items, as determined in all respects in Railroad’s sole and absolute discretion: (i) the identity of the third-party performing the role of CIC; (ii) the scope of the services to be performed for the project by the approved CIC; and (iii) any other terms and conditions governing such services to be provided by the CIC. If flagging or other special protective or safety measures are performed by an approved CIC, Contractor shall be solely responsible for (and shall timely pay such CIC for) its services. Railroad reserves the right to rescind any approval pursuant to this Section 1, Subsection C., in whole or in part, at any time, as determined in Railroad’s sole and absolute discretion.

D. If any flagging or other special protective or safety measures are performed by employees of Railroad and/or any contractor of Railroad, Railroad will bill Contractor for such expenses incurred by Railroad, unless Railroad and a federal, state or local governmental entity have agreed that Railroad is to bill such expenses to the federal, state or local governmental entity. If Railroad will be sending the bills to Contractor, Contractor shall pay such bills within thirty (30) days of Contractor's receipt of billing.

E. If any flagging or other special protective or safety measures are performed by Railroad or a CIC, Contractor agrees that Contractor is not relieved of any of its responsibilities or liabilities set forth in this agreement.

F. The provisions set forth in this subsection are only applicable for Flagging Services performed by employees of Railroad: the rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with labor agreements and schedules in effect at the time the Work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the Work is performed. One and one-half times the current hourly rate is

2 paid for overtime, Saturdays and Sundays, and two and one- half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Contractor (or the governmental entity, as applicable) shall pay on the basis of the new rates and charges. If flagging is performed by Railroad, reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnished, unless the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work, even though Contractor may not be working during such time. When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Contractor must provide Railroad a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is not given, Contractor will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period.

An additional thirty (30) days notice must then be given to Railroad if flagging services are needed again after such five-day cessation notice has been given to Railroad.

Section 2. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED

A. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Railroad to use and maintain its entire property including the right and power of Railroad to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, roadways, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by Railroad without liability to Contractor or to any other party for compensation or damages.

B. The foregoing grant is also subject to all outstanding superior rights (whether recorded or unrecorded and including those in favor of licensees and lessees of Railroad's property, and others) and the right of Railroad to renew and extend the same, and is made without covenant of title or for quiet enjoyment.

Section 3. NO INTERFERENCE WITH OPERATIONS OF RAILROAD AND ITS TENANTS.

A. Contractor shall conduct its operations so as not to interfere with the continuous and uninterrupted use and operation of the railroad tracks and property of Railroad, including without limitation, the operations of Railroad's lessees, licensees or others, unless specifically authorized in advance by the Railroad Representative.

Nothing shall be done or permitted to be done by Contractor at any time that would in any manner impair the safety of such operations. When not in use, Contractor's machinery and materials shall be kept at least twenty- five (25) feet from the centerline of Railroad's nearest track, and there shall be no vehicular crossings of Railroads tracks except at existing open public crossings.

B. Operations of Railroad and work performed by Railroad personnel and delays in the Work to be performed by Contractor caused by such railroad operations and Work are expected by Contractor, and Contractor agrees that Railroad shall have no liability to Contractor, or any other person or entity for any such delays. The Contractor shall coordinate its activities with those of Railroad and third parties so as to avoid interference with railroad operations. The safe operation of Railroad train movements and other activities by Railroad takes precedence over any Work to be performed by Contractor.

3 Section 4. LIENS.

Contractor shall pay in full all persons who perform labor or provide materials for the Work to be performed by Contractor. Contractor shall not create, permit or suffer any mechanic's or materialmen's liens of any kind or nature to be created or enforced against any property of Railroad for any such Work performed. Contractor shall indemnify and hold harmless Railroad from and against any and all liens, claims, demands, costs or expenses of whatsoever nature in any way connected with or growing out of such Work done, labor performed, or materials furnished. If Contractor fails to promptly cause any lien to be released of record, Railroad may, at its election, discharge the lien or claim of lien at Contractor's expense.

Section 5. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.

A. Fiber optic cable systems may be buried on Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Contractor shall visit www.up.com/CBUD to complete and submit the required form to determine if fiber optic cable is buried anywhere on Railroad's property to be used by Contractor. If it is, Contractor will telephone the telecommunications company(ies) involved, make arrangements for a cable locator and, if applicable, for relocation or other protection of the fiber optic cable. Contractor shall not commence any Work until all such protection or relocation (if applicable) has been accomplished.

B. IN ADDITION TO OTHER INDEMNITY PROVISIONS IN THIS AGREEMENT, CONTRACTOR

SHALL INDEMNIFY, DEFEND AND HOLD RAILROAD HARMLESS FROM AND AGAINST ALL COSTS,

LIABILITY AND EXPENSE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES,

COURT COSTS AND EXPENSES) ARISING OUT OF ANY ACT OR OMISSION OF CONTRACTOR, ITS AGENTS AND/OR EMPLOYEES, THAT CAUSES OR CONTRIBUTES TO (1) ANY DAMAGE TO OR DESTRUCTION OF ANY TELECOMMUNICATIONS SYSTEM ON RAILROAD'S PROPERTY, AND/OR (2) ANY

INJURY TO OR DEATH OF ANY PERSON EMPLOY ED BY OR ON BEHALF OF ANY

TELECOMMUNICATIONS COMPANY, AND/OR ITS CONTRACTOR, AGENTS AND/OR EMPLOYEES, ON RAILROAD'S PROPERTY. CONTRACTOR SHALL NOT HAVE OR SEEK RECOURSE AGAINST RAILROAD

FOR ANY CLAIM OR CAUSE OF ACTION FOR ALLEGED LOSS OF PROFITS OR REVENUE OR LOSS OF

SERVICE OR OTHER CONSEQUENTIAL DAMAGE TO A TELECOMMUNICATION COMPANY USING

RAILROAD'S PROPERTY OR A CUSTOMER OR USER OF SERVICES OF THE FIBER OPTIC CABLE ON RAILROAD'S PROPERTY.

Section 6. PERMITS - COMPLIANCE WITH LAWS.

In the prosecution of the Work covered by this agreement, Contractor shall secure any and all necessary permits and shall comply with all applicable federal, state and local laws, regulations and enactments affecting the Work including, without limitation, all applicable Federal Railroad Administration regulations.

Section 7. SAFETY.

A. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of any Work on Railroad property performed by Contractor. Contractor shall be responsible for initiating, maintaining and supervising all safety, operations and programs in connection with the Work. Contractor shall, at a minimum, comply with Railroad's then current safety standards located at the below web address (“Railroad’s Safety Standards”) to ensure uniformity with the safety standards followed by Railroad's own forces.

As a part of Contractor's safety responsibilities, Contractor shall notify Railroad if Contractor

4 determines that any of Railroad's Safety Standards are contrary to good safety practices. Contractor shall furnish copies of Railroad’s Safety Standards to each of its employees before they enter Railroad property.

http://www.up.com/cs/groups/public/@uprr/@suppliers/documents/up_pdf_nativedocs/pdf_up_supplier_safety_ req.pdf

B. Without limitation of the provisions of paragraph A above, Contractor shall keep the job site free from safety and health hazards and ensure that its employees are competent and adequately trained in all safety and health aspects of the job.

C. Contractor shall have proper first aid supplies available on the job site so that prompt first aid services may be provided to any person injured on the job site. Contractor shall promptly notify Railroad of any U.S. Occupational Safety and Health Administration reportable injuries. Contractor shall have a nondelegable duty to control its employees while they are on the job site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession any alcoholic beverage, drug or other substance that may inhibit the safe performance of any Work.

D. If and when requested by Railroad, Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the Work (the "Safety Plan"). Railroad shall have the right, but not the obligation, to require Contractor to correct any deficiencies in the Safety Plan. The terms of this agreement shall control if there are any inconsistencies between this agreement and the Safety Plan.

Section 8. INDEMNITY.

A. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, CONTRACTOR SHALL

INDEMNIFY, DEFEND AND HOLD HARMLESS RAILROAD, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, AGENTS AND EMPLOYEES (INDIVIDUALLY AN “INDEMNIFIED PARTY” OR COLLECTIVELY "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL LOSS, DAMAGE, INJURY, LIABILITY,

CLAIM, DEMAND, COST OR EXPENSE (INCLUDING, WITHOUT LIMITATION, ATTORNEY'S,

CONSULTANT'S AND EXPERT'S FEES, AND COURT COSTS), FINE OR PENALTY (COLLECTIVELY, "LOSS") INCURRED BY ANY PERSON (INCLUDING, WITHOUT LIMITATION, ANY INDEMNIFIED PARTY,

CONTRACTOR, OR ANY EMPLOYEE OF CONTRACTOR OR OF ANY INDEMNIFIED PARTY) ARISING OUT

OF OR IN ANY MANNER CONNECTED WITH (I) ANY WORK PERFORMED BY CONTRACTOR, OR (II) ANY

ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS OR EMPLOYEES, OR (III) ANY BREACH OF THIS AGREEMENT BY CONTRACTOR.

B. THE RIGHT TO INDEMNITY UNDER THIS SECTION 8 SHALL ACCRUE UPON

OCCURRENCE OF THE EVENT GIVING RISE TO THE LOSS, AND SHALL APPLY REGARDLESS OF ANY

NEGLIGENCE OR STRICT LIABILITY OF ANY INDEMNIFIED PARTY, EXCEPT WHERE THE LOSS IS

CAUSED BY THE SOLE ACTIVE NEGLIGENCE OF AN INDEMNIFIED PARTY AS ESTABLISHED BY THE FINAL JUDGMENT OF A COURT OF COMPETENT JURISDICTION. THE SOLE ACTIVE NEGLIGENCE OF ANY INDEMNIFIED PARTY SHALL NOT BAR THE RECOVERY OF ANY OTHER INDEMNIFIED PARTY.

C. CONTRACTOR EXPRESSLY AND SPECIFICALLY ASSUMES POTENTIAL LIABILITY UNDER THIS SECTION 8 FOR CLAIMS OR ACTIONS BROUGHT BY CONTRACTOR'S OWN EMPLOYEES.

CONTRACTOR WAIVES ANY IMMUNITY IT MAY HAVE UNDER WORKER'S COMPENSATION OR INDUSTRIAL INSURANCE ACTS TO INDEMNIFY THE INDEMNIFIED PARTIES UNDER THIS SECTION 8.

CONTRACTOR ACKNOWLEDGES THAT THIS WAIVER WAS MUTUALLY NEGOTIATED BY THE PARTIES HERETO.

D. NO COURT OR JURY FINDINGS IN ANY EMPLOYEE'S SUIT PURSUANT TO ANY

5 WORKER'S COMPENSATION ACT OR THE FEDERAL EMPLOYERS' LIABILITY ACT AGAINST A PARTY

TO THIS AGREEMENT MAY BE RELIED UPON OR USED BY CONTRACTOR IN ANY ATTEMPT TO ASSERT LIABILITY AGAINST ANY INDEMNIFIED PARTY.

E. THE PROVISIONS OF THIS SECTION 8 SHALL SURVIVE THE COMPLETION OF ANY WORK PERFORMED BY CONTRACTOR OR THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. IN NO EVENT SHALL THIS SECTION 8 OR ANY OTHER PROVISION OF THIS AGREEMENT BE DEEMED TO

LIMIT ANY LIABILITY CONTRACTOR MAY HAVE TO ANY INDEMNIFIED PARTY BY STATUTE OR UNDER COMMON LAW.

Section 9. RESTORATION OF PROPERTY.

In the event Railroad authorizes Contractor to take down any fence of Railroad or in any manner move or disturb any of the other property of Railroad in connection with the Work to be performed by Contractor, then in that event Contractor shall, as soon as possible and at Contractor's sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down or such other property was moved or disturbed. Contractor shall remove all of Contractor's tools, equipment, rubbish and other materials from Railroad's property promptly upon completion of the Work, restoring Railroad's property to the same state and condition as when Contractor entered thereon.

Section 10. WAIVER OF DEFAULT.

Waiver by Railroad of any breach or default of any condition, covenant or agreement herein contained to be kept, observed and performed by Contractor shall in no way impair the right of Railroad to avail itself of any remedy for any subsequent breach or default.

Section 11. MODIFICATION - ENTIRE AGREEMENT.

No modification of this agreement shall be effective unless made in writing and signed by Contractor and Railroad. This agreement and the exhibits attached hereto and made a part hereof constitute the entire understanding between Contractor and Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the Work to be performed by Contractor.

Section 12. ASSIGNMENT - SUBCONTRACTING.

Contractor shall not assign or subcontract this agreement, or any interest therein, without the written consent of the Railroad. Contractor shall be responsible for the acts and omissions of all subcontractors. Before Contractor commences any Work, the Contractor shall, except to the extent prohibited by law; (1) require each of its subcontractors to include the Contractor as "Additional Insured” on the subcontractor's Commercial General Liability policy and Umbrella or Excess policies (if applicable) with respect to all liabilities arising out of the subcontractor's performance of Work on behalf of the Contractor by endorsing these policies with ISO Additional Insured Endorsements CG 20 10, and CG 20 37 (or substitute forms providing equivalent coverage; (2) require each of its subcontractors to endorse their Commercial General Liability Policy with "Contractual Liability Railroads" ISO Form CG 24 17 10 01 (or a substitute form providing equivalent coverage) for the job site; and (3) require each of its subcontractors to endorse their Business Automobile Policy with "Coverage For Certain Operations In Connection With Railroads" ISO Form CA 20 70 10 01 (or a substitute form providing equivalent coverage) for the job site.

1 EXHIBIT C
TO

CONTRACTOR'S

RIGHT OF ENTRY AGREEMENT

Union Pacific Railroad Company
Insurance Requirements For
Contractor’s Right of Entry Agreement

During the entire term of this Agreement and course of the Project, and until all Project Work on Railroad’s property has been completed and all equipment and materials have been removed from Railroad’s property and Railroad’s property has been clean and restored to Railroad’s satisfaction, Contractor shall, at its sole cost and expense, procure and maintain the following insurance coverage:

A. Commercial General Liability insurance. Commercial general liability (CGL) with a limit of not less than $5,000,000 each occurrence and an aggregate limit of not less than $10,000,000. CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage).

The policy must also contain the following endorsement, which must be stated on the certificate of insurance:
• Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing “Union Pacific Railroad Company Property” as the Designated Job Site. • Designated Construction Project(s) General Aggregate Limit ISO Form CG 25 03 03 97 (or a substitute form providing equivalent coverage) showing the project on the form schedule.

B. Business Automobile Coverage insurance. Business auto coverage written on ISO form CA 00 01 10 01 (or a substitute form providing equivalent liability coverage) with a combined single limit of not less $5,000,000 for each accident and coverage must include liability arising out of any auto (including owned, hired and non-owned autos).

The policy must contain the following endorsements, which must be stated on the certificate of insurance:
• Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage) showing “Union Pacific Property” as the Designated Job Site.
• Motor Carrier Act Endorsement - Hazardous materials clean up (MCS-90) if required by law.

C. Workers' Compensation and Employers' Liability insurance. Coverage must include but not be limited to:
• Contractor's statutory liability under the workers' compensation laws of the state where the Work is being performed.
• Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee.

If Contractor is self-insured, evidence of state approval and excess workers compensation coverage must be provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable.

D. Railroad Protective Liability insurance. Contractor must maintain "Railroad Protective Liability" (RPL) insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on behalf of Railroad as named insured, with a limit of not less than $2,000,000 per occurrence

2 and an aggregate of $6,000,000. The definition of "JOB LOCATION" and "WORK" on the declaration page of the policy shall refer to this agreement and shall describe all WORK or OPERATIONS performed under this agreement. Contractor shall provide this agreement to Contractor's insurance agent(s) and/or broker(s) and Contractor shall instruct such agent(s) and/or broker(s) to procure the insurance coverage required by this agreement. A BINDER STATING THE POLICY IS IN PLACE MUST BE SUBMITTED

TO RAILROAD BEFORE THE WORK MAY COMMENCE AND UNTIL THE ORIGINAL POLICY IS FORWARDED TO UNION PACIFIC RAILROAD.

E. Umbrella or Excess insurance. If Contractor utilizes umbrella or excess policies, these policies must “follow form” and afford no less coverage than the primary policy.

F. Pollution Liability insurance. Pollution liability coverage must be included when the scope of the Work as defined in the agreement includes installation, temporary storage, or disposal of any "hazardous" material that is injurious in or upon land, the atmosphere, or any watercourses; or may cause bodily injury at any time.

If required, coverage may be provided in separate policy form or by endorsement to Contractors CGL or RPL. Any form coverage must be equivalent to that provided in ISO form CG 24 15 "Limited Pollution Liability Extension Endorsement" or CG 28 31 "Pollution Exclusion Amendment" with limits of at least $5,000,000 per occurrence and an aggregate limit of $10,000,000.

If the scope of Work as defined in this agreement includes the disposal of any hazardous or non- hazardous materials from the job site, Contractor must furnish to Railroad evidence of pollution legal liability insurance maintained by the disposal site operator for losses arising from the insured facility accepting the materials, with coverage in minimum amounts of $1,000,000 per loss, and an annual aggregate of $2,000,000.

Other Requirements

G. All policy(ies) required above (except business automobile, worker’s compensation and employers liability) must include Railroad as “Additional Insured” using ISO Additional Insured Endorsements CG 20 10, and CG 20 37 (or substitute forms providing equivalent coverage). The coverage provided to Railroad as additional insured shall not be limited by Contractor's liability under the indemnity provisions of this agreement. BOTH CONTRACTOR AND RAILROAD EXPECT THAT UNION PACIFIC RAILROAD

COMPANY WILL BE PROVIDED WITH THE BROADEST POSSIBLE COVERAGE AVAILABLE BY OPERATION OF LAW UNDER ISO ADDITIONAL INSURED FORMS CG 20 10 AND CG 20 37.

H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless (a) insurance coverage may not lawfully be obtained for any punitive damages that may arise under this agreement, or (b) all punitive damages are prohibited by all states in which this agreement will be performed.

I. Contractor waives all rights of recovery, and its insurers also waive all rights of subrogation of damages against Railroad and its agents, officers, directors and employees for damages covered by the workers compensation and employers liability or commercial umbrella or excess liability obtained by Contractor required in this agreement where prohibited by law. This waiver must be stated on the certificate of insurance.

J. Prior to commencing the Work, Contractor shall furnish Railroad with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements in this agreement.

3 K. All insurance policies must be written by a reputable insurance company acceptable to Railroad or with a current Best's Insurance Guide Rating of A - and Class VII or better, and authorized to do business in the state where the Work is being performed.

L. The fact that insurance is obtained by Contractor or by Railroad on behalf of Contractor will not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this agreement. Damages recoverable by Railroad from Contractor or any third party will not be limited by the amount of the required insurance coverage.

Public Highway At-Grade Crossing 03/01/13
Standard Form Approved, AVP-Law

EXHIBIT E
TO

PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT

Exhibit E (if applicable) will be signal design schematic

NEW SHEET
Designed:

Rec#: WO#:

IS: /
///
09/12/22

INSTALL NEW HOUSE,

GATES, FLASHERS AND
CWT AT M.P. 5.92

CORRIDOR PROJECT
WITH WO# 60469
60487

ANMNST
GCPGCP
I.J.
5R1
CONNECTS TO M.P. 4.91
TO 10TH STREET TO ROSEVILLE
2R1
2R2
4R1
4R2
86HZ 11.5kHZ
86HZ
3R1
3R2
5R2
23 19' 18'
PRIME WARNING TIME = 27 SECONDS
640NBS
640NBS
640 NBS
640 NBS

W(S) E(N)
CONNECTS TO M.P. 6.14
86HZ 10.0kHZ

SIGNAL DESIGN

THE OFFICE OF

AUTHORITY FROM

MADE WITHOUT

ARE NOT TO BE

MODIFICATIONS

CIRCUIT

NEW SHEET
POK
30'
51'
6'X8'
30'
5'6"
6'
3 4 T
"A"
CCCxx
1 2
5 6
13'
13'

BANCROFT WAY
Date:

Des:

Chk:

AFE:

Sh.:

DOT
MP:

ID:
09/12/22
NST

60487
1 751176H

5.92 BERKELEY, CALIFORNIA

BANCROFT WAY

MARTINEZ SUBDIVISION
Omaha, NebraskaOffice of AVP Engineering - Signal

UNION PACIFIC RAILROAD
0910592.1X
Designed:

Rec#: WO#:

IS: /
///
09/12/22

INSTALL NEW HOUSE,

GATES, FLASHERS AND
CWT AT M.P. 5.92

CORRIDOR PROJECT
WITH WO# 60469
60487

ANMNST
GCP
1 525HZ 8.3kHZ
2'3"
"C"
xx
43 21
2'3"
"D"
xx
21 3 4
15'
4'6"
7'9"
8'
16'6" 4'6"
18'15'

DRILL TRACK
MAIN TRACK 1
MAIN TRACK 2

GCP GCP
M.P.6.14
M.P.6.30
M.P.6.60
GCP
285HZ

15.2kHZ
GCP
285HZ

17.5kHZ
GCP
430HZ
GCP
430HZ

13.2kHZ

7.10kHZ
156HZ

17.5kHZ 156HZ
NBS
NBS

R/B R/B

R/B R/B
16'6"
15'
1R1
1R2
1T1
1T2

HEARST AVENUE

VIRGINIA STREET

GCP GCP
156HZ

15.2kHZ 156HZ

DAX TO BANCROFT WAY

DAX TO HEARST AVENUE

DAX TO GILMAN STREET

DAX TO CAMELIA STREET

DAX TO CEDAR STREET
3,709' 25+5+2(C.T.) SEC. @ 79 M.P.H.

DAX
1,129'+- 1,135'+-
CL CL I.J.
980'
3,709' 25+5+2(C.T.) SEC. @ 79 M.P.H.

DRIVE
7 8

DRILL TRACK
1,409' 25+5+2(C.T.) SEC. @ 30 M.P.H.

DRILL TRACK
GCPGCP 86HZ
45 DAX TO BANCROFT WAY

DAX TO HEARST AVENUE

DAX TO GILMAN STREET

DAX TO CAMELIA STREET

DAX TO CEDAR STREET
NBS
NBS
285HZ
285HZ W/800' DTL
W/800' DTL
3T1/1W(S)TN
3T2/1W(S)TB
2T2/1E(N)TN
2T1/1E(N)TB 4T2/2E(N)TN
4T1/2E(N)TB
5T2/2W(S)TB
5T1/2W(S)TN
430HZ W/1000' DTL

4,155'
1W(S)T
4,155'
2W(S)T

3,447'
1E(N)T
3,447'
2E(N)T

2E
4E
6E

73 71
642NBS
MAIN TRACK 1&2 MAIN TRACK 1&2
NBS
156HZ
NBS
156HZ
430HZ
156HZ
430HZ
156HZ

SIDEWALK

SIDEWALK
642 NBS
GCP
790HZ

20.2kHZ
GCP
430HZ

5.9kHZ
NBS
790HZ
GCP
156HZ

7.1kHZ
NBS
430HZ W/1200' DTL
86HZ
348HZ W/1400' DTL
NBS
430HZ W/1200' DTL
86HZ
348HZ W/1400' DTL
285HZ
285HZ

DAX B TO HEARST AVENUE

DAX C TO VIRGINIA STREET
DAX A OFFSET = '
DAX B OFFSET = '
DAX C OFFSET = '
PED-DAX A OFFSET = '
PED-DAX B OFFSET = '
PED-DAX A TO 65TH STREET
PED-DAX B TO 67TH STREET
PED-DAX A OFFSET = '
PED-DAX B OFFSET = '
DAX A OFFSET = '
DAX B OFFSET = '
DAX C OFFSET = '
DAX A WARNING TIME = 28 SECONDS
3RD STREET AND ADDISON STREET
TIME = 30 SECONDS

DAX B WARNING
DAX C WARNING TIME = 30 SECONDS
@ 30 M.P.H.
1,409' 25+5+2(C.T.) SEC.
8' 4'3"
= = = = = = = = = = = = = = = = = = = = = = = = = =
+-247'

DAX B TO HEARST AVENUE

DAX C TO VIRGINIA STREET
NOTES ARE ON SHEET 1A
+-
+-
NBS
CL
+-50'
7'9"
*
A B
A B
Modification Level
Q.A. Last Level Checked
Last Level Mod This Typical
Last Level by Designer
Changed From Typical?
Rev
DW
DW
DW
Y

03.28.22 5K 2TKUGTYP.1
ABC
ABC
AB
DAX A TO 3RD STREET AND ADDISON STREET
DAX A TO 3RD STREET AND ADDISON STREET
PED-DAX A TO 65TH STREET
PED-DAX B TO 67TH STREET
+-
+-
+-
DAX TO 3RD STREET AND ADDISON STREET
DAX TO 3RD STREET AND ADDISON STREET
430HZ W/1000' DTL
T R2140HZ
C C C
T
"B"
3 4
xx
5 6
1 2

Designed:

Rec#: WO#:

IS: /
///
09/12/22

INSTALL NEW HOUSE,

GATES, FLASHERS AND
CWT AT M.P. 5.92

CORRIDOR PROJECT
WITH WO# 60469
60487

ANMNST

NEW SHEET

SIGNAL DESIGN

THE OFFICE OF

AUTHORITY FROM

MADE WITHOUT

ARE NOT TO BE

MODIFICATIONS
CIRCUIT Date:

Des:

Chk:

AFE:

Sh.:

DOT
MP:

ID:
09/12/22
NST

60487
1A
751176H

5.92 BERKELEY, CALIFORNIA

BANCROFT WAY

MARTINEZ SUBDIVISION
Omaha, NebraskaOffice of AVP Engineering - Signal

UNION PACIFIC RAILROAD
0910592.1AX
583

41 43
583

380
37 39
N0592-0486PED1
N0592-0472PED1
0592-0486PED1
0592-0472PED1
TB
HOUSE

INSTRUMENT
TO M.P. 4.86
(7)
583
380

49 51
583

380 380
45 47
CABLE
380
N0592-0486PED2
N0592-0472PED2
0592-0486PED2
0592-0472PED2 SHT.3
CONN.380
380

1.1 OUT

1.2 OUT

2.1 OUT

2.2 OUT
583
380

9 11
583

380
5 7
583

13 15
N0592-0660DAX1
0592-0660DAX1
N0592-0630DAX1
N0592-0614DAX1
0592-0630DAX1
0592-0614DAX1
TB
HOUSE

INSTRUMENT
TO M.P. 6.14
(8)
583
380

21 23
583

380380
17 19
583

25 27
CABLE
380
380
380
380
380
N0592-0660DAX2
0592-0660DAX2
N0592-0630DAX2
N0592-0614DAX2
0592-0630DAX2
0592-0614DAX2
SHT.3
CONN.
380
380
380
583
380

29 31
380
583

33 35
380
N0660-0592DAX2
0660-0592DAX2
N0660-0592DAX1
0660-0592DAX1
380

3.1 OUT

3.2 OUT

4.1 OUT

4.2 OUT

5.1 OUT

5.2 OUT

2.1 IN

4.1 IN
CABLE NO. 7 12C#14 U.G.B.T. HOUSE TO M.P. 4.86

CABLE TABULATION
CABLE NO. 8 12C#14 U.G.B.T. HOUSE TO M.P. 6.14
CABLE NO. 9 7C#14 U.G.B.T. HOUSE TO M.P. 6.14
(9)
= GCP TO OPERATE IN SEMI-BI
DIRECTIONAL MODE. USE TAB 627
COUPLER.

INSULATED JOINTS.

TRANSPOSED ACROSS ALL
ENSURE TRACK POLARITY IS=
AS A 120V TO 240V ADAPTER.

FOR 240V TO 240V IS PROVIDED AS WELL

PORTABLE GENERATOR EXTENSION CORD

TO BE VERIFIED BY FIELD

OFFSET AND ISLAND DISTANCES

LENGTHS SHOULD NOT EXCEED MANUFACTURER'S

TRANSMITTER AND RECEIVER LEADS

TOP OF FOUNDATION TO BE AT SAME ELEVATION

AS THE SURFACE OF THE TRAVELED WAY & NO
ALL LIGHTS TO BE 12" ROUNDELS.

LIGHTS:

NOTES:

ALL TRACK WIRES 2C. #6
INSULATED 1 TWIST PER FT.

RECOMMENDATION.

WIRE TO BE #6 AWG FLEX OR LARGER.

REFER TO UP STANDARD DWG FOR BUNGALOW GROUNDING.

ALL WIRING IN GATE MECHANISM TO BE #10 "AWG FLEX".
4" X 90' CONDUIT
= TWISTED WIRES
MORE THAN 4" ABOVE THE SURFACE OF THE GROUND.

ALL BUNGALOW WIRING TO BE #16 AWG FLEX

UNLESS OTHERWISE SPECIFIED EXCEPT ALL GROUND
= = = = = =

LED LIGHTS
xx = BELL
TO BE SEPARATED BY AT LEAST 12" IN TRENCH,
TRK 1 ISLAND DISTANCE 153' MINIMUM 120' REQUIRED
TRK 2 ISLAND DISTANCE 153' MINIMUM 120' REQUIRED

PREFERRED ISLAND WIRE CONNECTIONS
ARE A MINIMUM 50' FROM EDGE OF ROAD
TRK 4 ISLAND DISTANCE 153' MINIMUM 120' REQUIRED
Designed:

Rec#: WO#:

IS: /
///
09/12/22

INSTALL NEW HOUSE,

GATES, FLASHERS AND
CWT AT M.P. 5.92

CORRIDOR PROJECT
WITH WO# 60469
60487

ANMNST
MATERIAL NOTES; DELETE UPON "AC"
U.P. PART #520-0185
6X8 ALUMINUM CABIN6X8

1.)
AND ADDISON STREET M.P. 6.14 (WO#60469)
INSTALL AS A CORRIDOR PROJECT WITH 3RD STREET

2.)
CONSTRUCTION NOTES:

3.)
(4) 156HZ TAB 729 TRACK FILTERS
(4) 86HZ TAB 729 TRACK FILTERS
ORDER THE FOLLOWING FOR THIS LOCATION:

INSTALL (2) PAIR OF I.J.'S
*4.) = FIELD VERIFY DISTANCE
(7)
(7)
(7)
(7)
(7)
(7)
(7)
(8)
(8)
(8)
(8)
(8)
(8)
(8)
(8)
(8)
(8)
(8)
(9)
(9)
(9)
Modification Level
Q.A. Last Level Checked
Last Level Mod This Typical
Last Level by Designer
Changed From Typical?
Rev
DW
DW
DW
Y

03.28.22 5K 2TKUGTYP.1

NEW SHEET
380

Public Highway At-Grade Crossing 03/01/13
Standard Form Approved, AVP-Law

EXHIBIT F
TO

PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT

Exhibit F (if applicable) will be the annual signal maintenance fee

FOR PID # 119334

STREET BANCROFT WAY

TOWN BERKELEY, CALIFORNIA
MILEPOST 5.92

SUBDIVISION MARTINEZ
AAR/DOT NO. 751176H
WORK ORDER# 60487

DESCRIPTION VALUE QUANTITY UNITS
NON-CODED TRK. CIRCUIT 2 0
(Standalone AFTAC or Ring 10)
SUPERIMPOSED CIRCUIT(AFTAC) / 2 0

DETECTION LOOP
HIGHWAY GRADE CROSSING SIGNAL 2 10
(FRONT LIGHTS)
ADDITIONAL PAIR OF LIGHTS 1 4
(OTHER THAN FRONT LIGHTS)
GATE MECHANISM, AUTOMATIC 8 16
WITH ARM UP TO 26 FT
GATE MECHANISM, AUTOMATIC 10 0
WITH ARM OVER 26 FT
GCP/HXP (constant warning device, per track circuit) 15 75 EXIT GATE MANAGEMENT SYSTEM RACK* 10 0
MOVEMENT DETECTOR (PMD) 6 0
MOVEMENT DETECTOR (STANDBY UNIT) 3 0
RADIO DATA LINK, PER UNIT 1 0
PREEMPTION CIRCUIT 2 0
DATA RECORDER 1 0
REMOTE MONITORING DEVICE (SEAR, ETC)* 2 2
BONDED RAIL JOINTS (per mile, each rail, single bonded) 1 0 BATTERY AND CHARGER (per set) 1 2 2
TOTAL UNIT COUNT 109
PAVEMENT RESTORATION COSTS (Actual)
Annual Maintenance Cost at $278.25/Unit $30,329
*UP supplied Unit Value
June 5, 2023
0 4

AREMA UNIT STATEMENT OF RAILROAD HIGHWAY GRADE CROSSING SIGNALS

ESTIMATED MAINTENANCE COSTS

BY THE UNION PACIFIC RAILROAD
0 0
5 0
0 0
1 0
2 0
5 0
0

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
January 21, 2024
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Terrance Davis, Director, Public Works
Subject: Purchase Order: California Automotive Retailing Group dba Dublin Chevrolet for Two 2025 Chevrolet Blazer EV Police Pursuit Vehicles

RECOMMENDATION
Adopt a Resolution satisfying the requirements of City Charter allowing the City to participate in Alameda County Purchase Order Contract, Master Contract No. 901979 and authorizing the City Manager to execute a purchase order for two (2) 2025 Chevrolet Blazer EV Police Pursuit vehicles with California Automotive Retailing Group dba Dublin Chevrolet in an amount not to exceed $220,000.

FISCAL IMPACTS OF RECOMMENDATION
The purchase of two (2) 2025 Chevrolet Blazer EV Police Pursuit vehicles will not exceed $220,000 and includes specialized equipment upfitting, CA tire fees, delivery to City of Berkeley (“City”), and sales tax.

This purchase is on behalf of the Police Department. Funding for this purchase is available in the 2025 Budget Fund for Equipment Replacement and utilizing funds that the Police Department has previously paid for vehicle replacement.

CURRENT SITUATION AND ITS EFFECTS
The Police Department replaces patrol vehicles on a routine basis. Police Patrol vehicles require specialized equipment upfitting.

This electric powered vehicle purchase will replace two (2) gas powered existing vehicles that have exceeded the end of their useful life. The replacement vehicles are needed by the City’s Police Department Patrol Division in their work to provide public safety services in Berkeley. The two (2) vehicles identified for replacement are Equipment #s 1833 and 1822 which are gas Ford Explorers put in service in 2017 and 2016 and are overdue for replacement. The Police Department may identify alternate vehicles for replacement due to operational needs and with authorization from Equipment Maintenance.

Authorize Purchase Order with California Automotive Retailing Group dba CONSENT CALENDAR Dublin Chevrolet for Two 2025 Chevrolet Blazer EV Police Pursuit Vehicles January 21, 2024

Police Patrol vehicles and specialized equipment upfitting will be purchased from California Automotive Retailing Group dba Dublin Chevrolet utilizing the Alameda County Purchase Order Contract No. 901979.

Having identified a vendor established through a competitive process will save considerable staff time that would otherwise be associated with each vehicle purchase.

These replacement vehicles are needed by the City’s Police Department Patrol Division in their work to provide public safety services in Berkeley.

This purchase is a Strategic Plan Priority Project, advancing our goal to create a resilient, safe, connected and prepared City.

BACKGROUND
If a purchase request exceeds $100,000.00, the Department of Finance, General Services Division solicits bids or “piggybacks” off competitively bid contracts to ensure the City’s departments are receiving the best pricing. On October 1, 2021, California Automotive Retailing Group dba Dublin Chevrolet, entered into a contract for Police Patrol vehicles, through a competitive bidding process through the County of Alameda.

On June 16, 2021, the County of Alameda General Services Agency released Request for Quotation (RFQ) No. 901979 for Vehicle Purchase. RFQ No. 901979 language required that the award goes to the qualified bidder with the lowest markup over the triple-net dealer invoice price. Triple-net is the dealer’s actual cost of the vehicles after all discounts, rebates, and deductions are applied.

On July 27, 2021, multiple bids were received and upon review by the evaluation committee, Nicholas K Corp dba the Ford Store San Leandro and California Automotive Retailing Group dba Dublin Chevrolet were determined to be the lowest responsive responsible bidder and were both awarded County of Alameda Purchase Order Contract (Master Contract No. 901979 which is extended through September 30, 2026).

The County of Alameda’s bid procedure satisfies the procurement requirements of the City. This purchase is for Chevrolet vehicles which is why the City need to have a purchase order with Dublin Chevrolet.

Throughout the year, the Department of Public Works purchases vehicles for the City’s operating departments. This is paid for through the Equipment Replacement Fund. If a purchase will exceed $50,000, the Department of Finance, General Services Division solicits bids or “piggybacks” off competitively bid contracts to ensure the City’s departments receive the best pricing.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Public Works continues to examine ways to support the City’s climate action goals through the procurement the most fuel-efficient vehicles and equipment that are suitable for the required tasks. Prior to making procurement recommendations, Public Works

Authorize Purchase Order with California Automotive Retailing Group dba CONSENT CALENDAR Dublin Chevrolet for Two 2025 Chevrolet Blazer EV Police Pursuit Vehicles January 21, 2024

researches the feasibility and availability of fully electric vehicles and hybrid-electric powertrains to support the City’s transition away from fossil fuels toward an all-electric fleet, where technically feasible.

RATIONALE FOR RECOMMENDATION
Gas powered Police Patrol vehicles have been overdue for replacement. A purchase order is needed to secure these vehicles for the City. Piggybacking on pricing obtained through another public agency’s competitive bidding process ensures that the City is receiving the most competitive pricing.

ALTERNATIVE ACTIONS CONSIDERED
The purchase of gas-powered hybrid Police Patrol vehicles was considered. That purchase action was rejected as it would not advance the state mandate that requires government fleets to be zero-emission vehicles by 2035, and this purchase allows the Police Department to fully evaluate the performance of an all-electric vehicle.

CONTACT PERSON
Joy Brown, Operations Manager, (510) 981-6629
Don Colbert, Acting Equipment Superintendent, (510) 981-6467 Sara Rubio, Associate Management Analyst, (510) 981-5372 Attachment:
1: Resolution

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

PURCHASE ORDER: CALIFORNIA AUTOMOTIVE RETAILING GROUP DBA DUBLIN

CHEVROLET FOR TWO CHEVROLET BLAZER EV POLICE PURSUIT VEHICLES WHEREAS, vehicles are needed by the City Police Department in their work to provide public safety services in Berkeley; and
WHEREAS, two (2) gas powered Police Patrol vehicles have reached the end of their useful life and replacements are needed to meet public safety and operational requirements; and
WHEREAS, Alameda County Purchase Order Contract No.901979 contract bid procedures satisfy the procurement requirements of the City of Berkeley; and WHEREAS, funds will be allocated from FY 2025 baseline Budget Fund of Equipment Replacement, Fund 671.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a purchase order for 2025 Chevrolet Blazer EV Police Pursuit vehicles in the amount not to exceed $220,000.

Mental Health Commission
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
January 21, 2025
To: Honorable Mayor and Members of the City Council
From: Mental Health Commission
Submitted by: Monica Jones, Chairperson, Mental Health Commission Subject: Appointment of Lisa Teague to the Mental Health Commission

RECOMMENDATION
Adopt a Resolution approving the recommendation for appointment of Lisa Teague to the Mental Health Commission as a representative of the Special Interest Category, Consumer. Lisa Teague’s 3-year term will begin on January 22, 2025 and end on January 21, 2028.

FISCAL IMPACTS OF RECOMMENDATION
None.

CURRENT SITUATION AND ITS EFFECTS
The Mental Health Commission is authorized to be composed of thirteen members.

However, there are presently five vacancies on the Commission. The Mental Health Commission is actively seeking candidates with the ability to fulfill the state law duties for Commissioners, including reviewing and evaluating the community’s needs, services, facilities and special problems.

Approval of the recommended action will fill a vacancy and allow the Commission to move one step closer to having a full and diverse complement of commissioners to review and evaluate the community’s mental health needs, resources and programs.

BACKGROUND
California State law requires that appointments to the Mental Health Commission meet specific categories, who may serve up to nine years consecutively. Lisa Teague meets the category of special interest, consumer. The general public interest category may include anyone who has an interest in and some knowledge of mental health services. The special public interest category includes direct consumers of public mental health services and family members of consumers, which together must constitute at least fifty percent or nine of the commission seats.

Direct consumers and family members shall each constitute at least 20% of the commission membership.

Appointment of Lisa Teague to the MHC CONSENT CALENDAR
January 21, 2025

The Mental Health Commission recommends Lisa Teague as a representative of the special interest appointment on the Mental Health Commission for the city of Berkeley for a three-year term. Lisa is a member of the Berkeley Outreach Coalition, the Berkeley Homeless union, the Southside Neighborhood Services coordination, an advocate at People’s Park and a member of the Specialized Care Unit steering committee. She is a long-time consumer of mental health services and has experienced homelessness and understand the importance of housing and the time needed to recovery.

Lisa has a broad range of work experience working in the office, actor, teacher business owner and has a B.A. in Sociology from University of Louisiana, Monroe and a M.A in Criminal Justice. She believes her perspective can make a difference for others and make a better Berkeley for the vulnerable. Accessing mental health services for the unhouse and disable are crucial issues for Berkeley and being involved in the funding and working to get input from city, county and community organizers would be a priority for Lisa.

The Mental Health Commission passed the following motions at the September 26, 2024 meeting:

Interview and vote on nomination of Lisa Teague to the Mental Health Commission
M/S/C (Opton, Turner) Move to nominate Lisa Teague to be accepted on the Mental Health Commission.

PASSED
Ayes: Krishnan, Opton, Sol, Turner; Noes: None; Abstentions: None; Absent: Jones, Lunaparra, Prichett

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

RATIONALE FOR RECOMMENDATION
Approval of the recommended action will allow the Mental Health Commission to move one step closer to having a full and diverse complement of commissioners to review and evaluate the community’s mental health needs, resources, and programs.

ALTERNATIVE ACTIONS CONSIDERED
None.

CITY MANAGER
The City Manager takes no position on commission appointments

Appointment of Lisa Teague to the MHC CONSENT CALENDAR
January 21, 2025

CONTACT PERSON
Jamie Works-Wright, Commission Secretary, HHCS, 510-981-7721 Attachments:
1: Resolution

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

APPOINTMENT OF LISA TEAGUE TO THE MENTAL HEALTH COMMISSION WHEREAS, membership of the Mental Health Commission is composed of thirteen appointments by the City Council as a whole, including one appointment by the Mayor (or designee), six special public interest appointments, and four general public interest appointments; and
WHEREAS, with the ongoing implementation of the Mental Health Services Act, the City of Berkeley will need to have a full complement of diverse appointees to the Commission to review and evaluate the community's mental health needs, resources, and programs and to fulfill its mandate; and
WHEREAS, Lisa Teague has
studied and majored in Sociology and Criminal Justice
providing services in the community offering her lived experience; and WHEREAS, The Mental Health Commission at its November 21, 2024 meeting recommended the appointment of Lisa Teague.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council appoints Lisa Teague as a representative of the Special Interest category, to complete her first term ending January 21, 2028.

REVISED
Office of the Mayor
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7100 ● TDD: (510) 981-6903 ● Fax: (510) 981-7199 E-Mail: [email protected]

CONSENT CALENDAR
January 21, 2025
To: Honorable Members of the City Council
From: Mayor Adena Ishii
Subject: Seating Arrangement for the Council, Vice Mayor Term Revision, Mayoral Appointment to City/UC/Student Relations Committee, and 2025 Council Appointments

RECOMMENDATION
Rescind Resolution No. 71,393-N.S. and adopt a resolution that establishes the seating arrangement for the City Council.

Rescind Resolution 70,631-N.S. and adopt a Resolution establishing a schedule of appointments for the office of Vice-President of the Council at the discretion of the Mayor and for these appointments to be established at the first Council meeting in December every year or the proceeding month’s council meeting after a new Mayor is sworn in.

Adopt a Resolution appointing Mayor Ishii as the alternate on the 4x6 City/UC/Student Relations Committee.

Adopt a Resolution approving the appointment of Council representatives to City Council Standing Policy Committees, Partnership Committees, Regional Bodies, and Liaisons to the City Boards and Commissions for a term ending on January 31, 2026 or until new appointments are made.

BACKGROUND
City Council Seating Arrangement
With a new Mayor and set of councilmembers recently elected, this new composition of electeds can invite new perspectives and de facto relationship building opportunities while presiding over council meetings. At the discretion of the Council, a new seating arrangement can refresh how this body presents itself to the public.

2025 Council Appointments ACTION CALENDAR
January 21, 2025

Vice President Appointments
The Vice-President of the Council, as defined in the City Charter, presides over the Council meetings when the Mayor is absent. During the temporary absence or disability of the Mayor, the Vice-President of the Council shall act as Mayor pro tempore. Over the years, the City Council has selected the Vice-President of the Council in a number of ways. From 2008 to 2016, the Council appointed one of its members as Vice- President of the Council for a term of one-year.

On December 8, 2016, by adoption of Resolution No. 67,768-N.S., the Council changed the term of Vice-President to a 3-month rotation cycle, allowing each member of the Council to serve as Vice Mayor for a period of three months. On December 18, 2028, pursuant to Resolution No.70,631-N.S., the Council voted to change the term of the Vice-President of the Council from a quarterly term to a one-year term, and included a provision that allows the Council to appoint an individual for two consecutive years or appoint two different Councilmembers as Vice-President of the Council over a two-year period. Prior to 2018, pursuant to Resolution 62,734-N.S., the policy of the Council was to maintain a rotation schedule where each member of the Council serve as “Vice Mayor” for three months every two years.

Mayoral Appointment to City/UC/Student Relations Committee On November 28, 2017, the Council adopted Resolution No. 68,233-N.S., establishing a precedent of appointing former Mayor Jesse Arreguin as an alternate to the committee, citing the Mayor as an elected city-wide official representing the campus area.

Council Representative Appointments
There are a number of City Council appointments to various Partnership Committees, Regional Bodies, and Liaisons to City Boards and Commissions. Following the latest General Municipal Election, the Mayor may make recommendations on new Council representatives to these committees.

The Berkeley City Council Rules of Procedure and Order require the Mayor to recommend, and the full Council approve, appointments to Standing Council Policy Committees by January 31st of each year.

Following the most recent General Municipal Election, new and existing councilmembers have an opportunity to be newly placed or continue their service on any number of these representative bodies.

RATIONALE FOR RECOMMENDATION
City Council Seating Arrangements
Mayor Ishii is recommending a change in seating arrangements to invite more collaboration across councilmember districts. An exploration of new placements will bring about a refreshing new look to the makeup of council’s presence to the public and demonstrate our changing council representation across identities.

2025 Council Appointments ACTION CALENDAR
January 21, 2025

Vice President Appointments
Mayor Ishii is recommending a schedule of appointments for the position of Vice- President of the Council with a quarterly term to allow for greater chances for newly appointed and continuing councilmembers to exercise their leadership and assistance should the Mayor be unavailable to engage in their responsibilities and duties. Mayor Ishii is also recommending a schedule of three-month terms to incentive collaboration while demonstrating a dedication to a distributed leadership model of governance at Council.

Mayoral Appointment to City/UC/Student Relations Committee Mayor Ishii is recommending the appointment of the Mayor as an alternate on the 4x6 City/UC/Student Relations committee to help maintain quorum and City representation on this body should a voting member of a Councilmember be unable to attend a committee meeting. Given Mayor Ishii’s preestablished and ongoing relationship with the UC Berkeley campus, as an alumna of the university and its Public Service Center, her involvement as an alternate on this committee can benefit the cap and gown relationship we seek to foster.

Council Representative Appointments
With a new Mayoral administrative underway, Mayor Ishii recommends a new body of council be considered when factoring in the distribution of representatives on appointed bodies.

FINANCIAL IMPLICATIONS
None.

ENVIRONMENTAL SUSTAINABILITY
No identifiable environmental effects from taking this action.

CONTACT PERSON
Mayor Adena Ishii 510-981-7100
Anthony Rodriguez [email protected]
Attachments:

1. Resolution - 2025 CITY COUNCIL SEATING ARRANGEMENT ON THE DIAS

2. Resolution - RESCINDING RESOLUTION 70,631-N.S. AND APPOINTING A

VICE-PRESIDENT OF THE CITY COUNCIL

3. Resolution - APPOINTING MAYOR ADENA ISHII AS AN ALTERNATE TO THE

CITY/UC/STUDENT RELATIONS COMMITTEE

2025 Council Appointments ACTION CALENDAR
January 21, 2025

4. Resolution - APPROVING APPOINTMENTS TO STANDING CITY COUNCIL

POLICY COMMITTEES, PARTNERSHIP COMMITTEES, LIASONS TO

BOARDS AND COMMISSIONS AND REGIONAL BODIES

5. 2018 Vice President Council Item

6. 2022 Vice President Council Item

RESOLUTION NO. ##,###-N.S.
2025 CITY COUNCIL SEATING ARRANGEMENT ON THE DIAS
WHEREAS, the Mayor makes recommendations on the searing arrangement of the Berkeley City Council; and
WHEREAS, on June 25, 2024, the City Council adopted Resolution No. 71,393-N.S., which changed the seating arrangement to accommodate the newly appointed Councilmembers from Districts 4 and 7; and
WHEREAS, Mayor Ishii is recommending a change to the current seating arrangement to accommodate the newly-elected Councilmembers from District 5 and 6.

NOW THEREFORE, BE IT RESOLVED that Resolution No. 71,393-N.S. is hereby rescinded; and
BE IT FURTHER RESOLVED that the Berkeley City Council does hereby set the seating order on the dais for City Council Meetings as follows (from left to right, facing the dais):

District 6 (Blackaby), District 7 (Lunaparra), District 2 (Taplin), District 1 (Kesarwani), Mayor Ishii, District 3 (Bartlett), District 8 (Humbert), District 4 (Tregub), District 5 (O’Keefe); and
BE IT THEREFORE AND FINALLY RESOLVED that this Resolution will be in place until December 31, 2025 or when a new Resolution supersedes this.

2025 Council Appointments January 21, 2025

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

RESCINDING RESOLUTION 70,631-N.S. AND APPOINTING A VICE-PRESIDENT OF

THE CITY COUNCIL
WHEREAS, Article VIII, Section 39 of the City Charter states that the Council shall elect one of its members to be the Vice-President of the Council (AKA Vice Mayor); and WHEREAS, the City Charter and City Council Rules of Procedure and Order state that when the Mayor is absent, the Vice-President of the Council shall preside over all meetings; and
WHEREAS, Article VI, Section 22 of the City Charter states that “during the temporary absence or disability of the Mayor, the Vice-President of the Council shall act as Mayor pro tempore”, and
WHEREAS, to ensure proper continuity of government the Council must appoint one of its members to serve as Vice-President of the Council; and WHEREAS, on December 14, 2018, pursuant to Resolution No.70,631-N.S., the Council voted to change the term of the Vice-President of the Council from a quarterly term to a one-year term, and included a provision that allows the Council to appoint an individual for two consecutive years or appoint two different Councilmembers as Vice-President of the Council over a two-year period; and
WHEREAS, prior to 2018, pursuant to Resolution 62,734-N.S., the policy of the Council was to maintain a rotation schedule where each member of the Council serves as “Vice Mayor” for three months every two years; and
WHEREAS, the Council acknowledges a return of the Vice-President appointment to a quarterly term over these next two years to allow for greater chances for newly appointed councilmembers to exercise their leadership and assistance should the Mayor be unavailable to engage in their responsibilities and duties; and WHEREAS the Council acknowledges this schedule incentives collaboration and a dedication to a distributed leadership model of governance at Council.

NOW THEREFORE, BE IT RESOLVED that No.70,631-N.S. is hereby rescinded; and BE IT FURTHER RESOLVED by the Council of the City of Berkeley that it hereby establishes the schedule of appointment for Vice President of the council to be at the discretion of the Mayor and that for years 2025 and 2026 the appoints for Vice President will be as follows:
 Q1 2025 – Councilmember Bartlett
 Q2 2025 – Councilmember Lunaparra
 Q3 2025 – Councilmember Humbert

2025 Council Appointments January 21, 2025

 Q4 2025 – Councilmember Blackaby
 Q1 2026 – Councilmember Taplin
 Q2 2026 – Councilmember Tregub
 Q3 2026 – Councilmember Kesarwani
 Q4 2026 – Councilmember O’Keefe

2025 Council Appointments January 21, 2025

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

APPOINTING MAYOR ADENA ISHII AS AN ALTERNATE TO THE

CITY/UC/STUDENT RELATIONS COMMITTEE
WHEREAS, on October 18, 2016, the Council adopted Resolution No. 67,720-N.S. establishing a 4x6 City/UC/Student Relations Committee to bring the city, UC administration, and students together to discuss issues of mutual concern; and WHEREAS, on November 28, 2017, the Council adopted Resolution No. 68,233-N.S., establishing a precedent of appointing former Mayor Jesse Arreguin as an alternate to the committee, citing the Mayor as an elected city-wide official representing the campus area; and
WHEREAS, appointment of the Mayor as an alternate on this body can help maintain quorum and City representation on this body should a voting member of a Councilmember be unable to attend a committee meeting.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that it hereby appoints Mayor Adena Ishii as an alternate to the City/UC/Student Relations Committee until January 31, 2026, or until another appointment or new appointments are approved.

2025 Council Appointments January 21, 2025

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

APPROVING APPOINTMENTS TO STANDING CITY COUNCIL POLICY

COMMITTEES, PARTNERSHIP COMMITTEES, LIASONS TO BOARDS AND

COMMISSIONS AND REGIONAL BODIES
WHEREAS, the City Council has numerous appointments to various Partnership Committees, Regional Bodies, and Liaisons to City Boards and Commissions, and makes new appointments every two years following the General Municipal Election; and WHEREAS, the Berkeley City Council Rules of Procedure and Order also require the Mayor to recommend and the full Council approve appointments to Standing Council Policy Committees by January 31st of each year.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that it officially makes the following appointments for the period ending January 31, 2026, or until new appointments are approved:

City Council Standing Policy Committees:

Agenda & Rules Committee
Appoint Mayor Ishii, Councilmember Taplin and Councilmember Lunaparra Appoint Councilmember Bartlett as Alternate
Budget & Finance Committee
Appoint Mayor Ishii, Councilmember Blackaby, and Councilmember Kesarwani Appoint Councilmember Tregub as Alternate
Facilities, Infrastructure, Transportation, Environment & Sustainability Committee Appoint Councilmember Taplin, Councilmember Lunaparra, and Councilmember Humbert
Appoint Mayor Ishii as Alternate
Public Safety Committee
Appoint Councilmember O’Keefe, Councilmember Kesarwani, and Councilmember Bartlett
Appoint Mayor Ishii as Alternate
Land Use, Housing & Economic Development Committee
Appoint Councilmember Tregub, Councilmember Blackaby, and Councilmember Humbert
Appoint Councilmember O’Keefe as Alternate
Health, Life, Enrichment, Equity & Community Committee
Appoint Councilmember Bartlett, Councilmember Tregub, and Councilmember O’Keefe Appoint Councilmember Taplin as Alternate

2025 Council Appointments January 21, 2025

Partnership Committees:
4x4 Joint Task Force Committees
Appoint Councilmember Bartlett, Councilmember Tregub, Councilmember Blackaby, and Councilmember Lunaparra
3x3 Committee of the Berkeley City Council and the Berkeley Housing Authority Appoint Councilmember Kesarwani, Councilmember Bartlett, and Councilmember Humbert
2x2 Committee of the City Council and the Board of Education Appoint Councilmember Taplin, and Councilmember O’Keefe 4x6 City/UC/Student Relations Committee
Appoint Councilmember Tregub, Councilmember Blackaby, Councilmember Lunaparra, and Councilmember Humbert
Appoint Mayor Ishii as Alternate
Regional Committees:

Alameda County Transportation Commission
Appoint Councilmember Taplin
Appoint Mayor Ishii as Alternate
Alameda County Waste Management Authority
Appoint Councilmember Humbert
Appoint Councilmember Bartlett as Alternate
Association of Bay Area Governments, Delegate to General Assembly Appoint Mayor Ishii
Appoint Councilmember Bartlett as Alternate
East Bay Public Bank
Appoint Councilmember Blackaby
East Bay Wildfire Coalition
Appoint Councilmember O’Keefe
Appoint Councilmember Blackaby as Alternate
Joint Powers Authority – East Bay Community Energy Authority Appoint Councilmember Tregub
Appoint Councilmember Lunaparra as Alternate
Joint Powers Agreement – East Bay Regional Sports Fields Appoint Councilmember Kesarwani
Joint Powers Authority – Lead Abatement

2025 Council Appointments January 21, 2025

Appoint Councilmember Kesarwani
Appoint Councilmember Tregub as Alternate
League of California Cities – East Bay Division
Appoint Councilmember Lunaparra
Appoint Councilmember Humbert as Alternate
Oakland Airport Noise Forum
Appoint Councilmember Bartlett
Council Liaisons to City Boards and Commissions:

Board of Library Trustees
Appoint Councilmember O’Keefe
Community Health Commission
Appoint Councilmember Humbert
Mental Health Commission
Appoint Councilmember Tregub

Office of the Mayor
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7100 ● TDD: (510) 981-6903 ● Fax: (510) 981-7199 E-Mail: [email protected]

CONSENT CALENDAR
January 21, 2025
To: Honorable Members of the City Council
From: Mayor Adena Ishii
Subject: Seating Arrangement for the Council, Vice Mayor Term Revision, Mayoral Appointment to City/UC/Student Relations Committee, and 2025 Council Appointments

RECOMMENDATION
Rescind Resolution No. 71,393-N.S. and adopt a resolution that establishes the seating arrangement for the City Council.

Rescind Resolution 70,631-N.S. and adopt a Resolution establishing a schedule of appointments for the office of Vice-President of the Council at the discretion of the Mayor and for these appointments to be established at the first Council meeting in December every year or the proceeding month’s council meeting after a new Mayor is sworn in.

Adopt a Resolution appointing Mayor Ishii as the alternate on the 4x6 City/UC/Student Relations Committee.

Adopt a Resolution approving the appointment of Council representatives to City Council Standing Policy Committees, Partnership Committees, Regional Bodies, and Liaisons to the City Boards and Commissions for a term ending on January 31, 2026 or until new appointments are made.

BACKGROUND
City Council Seating Arrangement
With a new Mayor and set of councilmembers recently elected, this new composition of electeds can invite new perspectives and de facto relationship building opportunities while presiding over council meetings. At the discretion of the Council, a new seating arrangement can refresh how this body presents itself to the public.

Vice President Appointments
The Vice-President of the Council, as defined in the City Charter, presides over the Council meetings when the Mayor is absent. During the temporary absence or disability of the Mayor, the Vice-President of the Council shall act as Mayor pro tempore. Over the years, the City Council has selected the Vice-President of the Council in a number

2025 Council Appointments CONSENT CALENDAR
January 21, 2025

of ways. From 2008 to 2016, the Council appointed one of its members as Vice- President of the Council for a term of one-year.

On December 8, 2016, by adoption of Resolution No. 67,768-N.S., the Council changed the term of Vice-President to a 3-month rotation cycle, allowing each member of the Council to serve as Vice Mayor for a period of three months. On December 18, 2028, pursuant to Resolution No.70,631-N.S., the Council voted to change the term of the Vice-President of the Council from a quarterly term to a one-year term, and included a provision that allows the Council to appoint an individual for two consecutive years or appoint two different Councilmembers as Vice-President of the Council over a two-year period. Prior to 2018, pursuant to Resolution 62,734-N.S., the policy of the Council was to maintain a rotation schedule where each member of the Council serve as “Vice Mayor” for three months every two years.

Mayoral Appointment to City/UC/Student Relations Committee On November 28, 2017, the Council adopted Resolution No. 68,233-N.S., establishing a precedent of appointing former Mayor Jesse Arreguin as an alternate to the committee, citing the Mayor as an elected city-wide official representing the campus area.

Council Representative Appointments
There are a number of City Council appointments to various Partnership Committees, Regional Bodies, and Liaisons to City Boards and Commissions. Following the latest General Municipal Election, the Mayor may make recommendations on new Council representatives to these committees.

The Berkeley City Council Rules of Procedure and Order require the Mayor to recommend, and the full Council approve, appointments to Standing Council Policy Committees by January 31st of each year.

Following the most recent General Municipal Election, new and existing councilmembers have an opportunity to be newly placed or continue their service on any number of these representative bodies.

RATIONALE FOR RECOMMENDATION
City Council Seating Arrangements
Mayor Ishii is recommending a change in seating arrangements to invite more collaboration across councilmember districts. An exploration of new placements will bring about a refreshing new look to the makeup of council’s presence to the public and demonstrate our changing council representation across identities.

Vice President Appointments
Mayor Ishii is recommending a schedule of appointments for the position of Vice- President of the Council with a quarterly term to allow for greater chances for newly appointed and continuing councilmembers to exercise their leadership and assistance should the Mayor be unavailable to engage in their responsibilities and duties. Mayor Ishii is also recommending a schedule of three-month terms to incentive collaboration

2025 Council Appointments CONSENT CALENDAR
January 21, 2025

while demonstrating a dedication to a distributed leadership model of governance at Council.

Mayoral Appointment to City/UC/Student Relations Committee Mayor Ishii is recommending the appointment of the Mayor as an alternate on the 4x6 City/UC/Student Relations committee to help maintain quorum and City representation on this body should a voting member of a Councilmember be unable to attend a committee meeting. Given Mayor Ishii’s preestablished and ongoing relationship with the UC Berkeley campus, as an alumna of the university and its Public Service Center, her involvement as an alternate on this committee can benefit the cap and gown relationship we seek to foster.

Council Representative Appointments
With a new Mayoral administrative underway, Mayor Ishii recommends a new body of council be considered when factoring in the distribution of representatives on appointed bodies.

FINANCIAL IMPLICATIONS
None.

ENVIRONMENTAL SUSTAINABILITY
No identifiable environmental effects from taking this action.

CONTACT PERSON
Mayor Adena Ishii 510-981-7100
Anthony Rodriguez [email protected]
Attachments:

1. Resolution - 2025 CITY COUNCIL SEATING ARRANGEMENT ON THE DIAS

2. Resolution - RESCINDING RESOLUTION 70,631-N.S. AND APPOINTING A

VICE-PRESIDENT OF THE CITY COUNCIL

3. Resolution - APPOINTING MAYOR ADENA ISHII AS AN ALTERNATE TO THE

CITY/UC/STUDENT RELATIONS COMMITTEE

4. Resolution - APPROVING APPOINTMENTS TO STANDING CITY COUNCIL

POLICY COMMITTEES, PARTNERSHIP COMMITTEES, LIASONS TO

BOARDS AND COMMISSIONS AND REGIONAL BODIES

5. 2018 Vice President Council Item

6. 2022 Vice President Council Item

Office of the Mayor

RESOLUTION NO. ##,###-N.S.
2025 CITY COUNCIL SEATING ARRANGEMENT ON THE DIAS
WHEREAS, the Mayor makes recommendations on the searing arrangement of the Berkeley City Council; and
WHEREAS, on June 25, 2024, the City Council adopted Resolution No. 71,393-N.S., which changed the seating arrangement to accommodate the newly appointed Councilmembers from Districts 4 and 7; and
WHEREAS, Mayor Ishii is recommending a change to the current seating arrangement to accommodate the newly-elected Councilmembers from District 5 and 6.

NOW THEREFORE, BE IT RESOLVED that Resolution No. 71,393-N.S. is hereby rescinded; and
BE IT FURTHER RESOLVED that the Berkeley City Council does hereby set the seating order on the dais for City Council Meetings as follows (from left to right, facing the dais):

District 6 (Blackaby), District 7 (Lunaparra), District 2 (Taplin), District 1 (Kesarwani), Mayor Ishii, District 3 (Bartlett), District 8 (Humbert), District 4 (Tregub), District 5 (O’Keefe); and
BE IT THEREFORE AND FINALLY RESOLVED that this Resolution will be in place until December 31, 2025 or when a new Resolution supersedes this.

2025 Council Appointments January 21, 2025

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

RESCINDING RESOLUTION 70,631-N.S. AND APPOINTING A VICE-PRESIDENT OF

THE CITY COUNCIL
WHEREAS, Article VIII, Section 39 of the City Charter states that the Council shall elect one of its members to be the Vice-President of the Council (AKA Vice Mayor); and WHEREAS, the City Charter and City Council Rules of Procedure and Order state that when the Mayor is absent, the Vice-President of the Council shall preside over all meetings; and
WHEREAS, Article VI, Section 22 of the City Charter states that “during the temporary absence or disability of the Mayor, the Vice-President of the Council shall act as Mayor pro tempore”, and
WHEREAS, to ensure proper continuity of government the Council must appoint one of its members to serve as Vice-President of the Council; and WHEREAS, on December 14, 2018, pursuant to Resolution No.70,631-N.S., the Council voted to change the term of the Vice-President of the Council from a quarterly term to a one-year term, and included a provision that allows the Council to appoint an individual for two consecutive years or appoint two different Councilmembers as Vice-President of the Council over a two-year period; and
WHEREAS, prior to 2018, pursuant to Resolution 62,734-N.S., the policy of the Council was to maintain a rotation schedule where each member of the Council serves as “Vice Mayor” for three months every two years; and
WHEREAS, the Council acknowledges a return of the Vice-President appointment to a quarterly term over these next two years to allow for greater chances for newly appointed councilmembers to exercise their leadership and assistance should the Mayor be unavailable to engage in their responsibilities and duties; and WHEREAS the Council acknowledges this schedule incentives collaboration and a dedication to a distributed leadership model of governance at Council.

NOW THEREFORE, BE IT RESOLVED that No.70,631-N.S. is hereby rescinded; and BE IT FURTHER RESOLVED by the Council of the City of Berkeley that it hereby establishes the schedule of appointment for Vice President of the council to be at the discretion of the Mayor and that for years 2025 and 2026 the appoints for Vice President will be as follows:
 Q1 2025 – Councilmember Bartlett
 Q2 2025 – Councilmember Lunaparra
 Q3 2025 – Councilmember Humbert

2025 Council Appointments January 21, 2025

 Q4 2025 – Councilmember Blackaby
 Q1 2026 – Councilmember Taplin
 Q2 2026 – Councilmember Tregub
 Q3 2026 – Councilmember Kesarwani
 Q4 2026 – Councilmember O’Keefe

2025 Council Appointments January 21, 2025

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

APPOINTING MAYOR ADENA ISHII AS AN ALTERNATE TO THE

CITY/UC/STUDENT RELATIONS COMMITTEE
WHEREAS, on October 18, 2016, the Council adopted Resolution No. 67,720-N.S. establishing a 4x6 City/UC/Student Relations Committee to bring the city, UC administration, and students together to discuss issues of mutual concern; and WHEREAS, on November 28, 2017, the Council adopted Resolution No. 68,233-N.S., establishing a precedent of appointing former Mayor Jesse Arreguin as an alternate to the committee, citing the Mayor as an elected city-wide official representing the campus area; and
WHEREAS, appointment of the Mayor as an alternate on this body can help maintain quorum and City representation on this body should a voting member of a Councilmember be unable to attend a committee meeting.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that it hereby appoints Mayor Adena Ishii as an alternate to the City/UC/Student Relations Committee until January 31, 2026, or until another appointment or new appointments are approved.

2025 Council Appointments January 21, 2025

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

APPROVING APPOINTMENTS TO STANDING CITY COUNCIL POLICY

COMMITTEES, PARTNERSHIP COMMITTEES, LIASONS TO BOARDS AND

COMMISSIONS AND REGIONAL BODIES
WHEREAS, the City Council has numerous appointments to various Partnership Committees, Regional Bodies, and Liaisons to City Boards and Commissions, and makes new appointments every two years following the General Municipal Election; and WHEREAS, the Berkeley City Council Rules of Procedure and Order also require the Mayor to recommend and the full Council approve appointments to Standing Council Policy Committees by January 31st of each year.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that it officially makes the following appointments for the period ending January 31, 2026, or until new appointments are approved:

City Council Standing Policy Committees:

Agenda & Rules Committee
Appoint Mayor Ishii, Councilmember Bartlett, and Councilmember Lunaparra Appoint Councilmember Taplin as Alternate
Budget & Finance Committee
Appoint Mayor Ishii, Councilmember Taplin, and Councilmember Kesarwani Appoint Councilmember Tregub as Alternate
Facilities, Infrastructure, Transportation, Environment & Sustainability Committee Appoint Councilmember Taplin, Councilmember Lunaparra, and Councilmember Humbert
Appoint Mayor Ishii as Alternate
Public Safety Committee
Appoint Mayor Ishii, Councilmember Kesarwani, and Councilmember Taplin Appoint Councilmember Tregub as Alternate
Land Use, Housing & Economic Development Committee
Appoint Councilmember O’Keefe, Councilmember Blackaby, and Councilmember Humbert
Appoint Councilmember Taplin as Alternate
Health, Life, Enrichment, Equity & Community Committee
Appoint Councilmember Bartlett, Councilmember Tregub, and Councilmember O’Keefe Appoint Councilmember Taplin as Alternate

2025 Council Appointments January 21, 2025

Partnership Committees:
4x4 Joint Task Force Committees
Appoint Councilmember Bartlett, Councilmember Tregub, Councilmember Blackaby, and Councilmember Lunaparra
3x3 Committee of the Berkeley City Council and the Berkeley Housing Authority Appoint Councilmember Kesarwani, Councilmember Bartlett, and Councilmember Humbert
2x2 Committee of the City Council and the Board of Education Appoint Councilmember Taplin, and Councilmember O’Keefe 4x6 City/UC/Student Relations Committee
Appoint Councilmember Tregub, Councilmember Blackaby, Councilmember Lunaparra, and Councilmember Humbert
Appoint Mayor Ishii as Alternate
Regional Committees:

Alameda County Transportation Commission
Appoint Councilmember Taplin
Appoint Mayor Ishii as Alternate
Alameda County Waste Management Authority
Appoint Councilmember Humbert
Appoint Councilmember Bartlett as Alternate
Association of Bay Area Governments, Delegate to General Assembly Appoint Mayor Ishii
Appoint Councilmember Bartlett as Alternate
East Bay Public Bank
Appoint Councilmember Blackaby
East Bay Wildfire Coalition
Appoint Councilmember O’Keefe
Appoint Councilmember Blackaby as Alternate
Joint Powers Authority – East Bay Community Energy Authority Appoint Councilmember Tregub
Appoint Councilmember Lunaparra as Alternate
Joint Powers Agreement – East Bay Regional Sports Fields Appoint Councilmember Kesarwani
Joint Powers Authority – Lead Abatement

2025 Council Appointments January 21, 2025

Appoint Councilmember Kesarwani
Appoint Councilmember Tregub as Alternate
League of California Cities – East Bay Division
Appoint Councilmember Lunaparra
Appoint Councilmember Humbert as Alternate
Oakland Airport Noise Forum
Appoint Councilmember Humbert
Council Liaisons to City Boards and Commissions:

Board of Library Trustees
Appoint Councilmember O’Keefe
Community Health Commission
Appoint Councilmember Taplin
Mental Health Commission
Appoint Councilmember O’Keefe

Office of the Mayor
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7100 ● TDD: (510) 981-6903 ● Fax: (510) 981-7199 E-Mail: [email protected]

CONSENT CALENDAR
December 4, 2018
To: Members of the City Council
From: Mayor Jesse Arreguin
Subject: Appointment of Vice-President of the Council

RECOMMENDATION
Rescind Resolution No. 67,768-N.S. and adopt a Resolution establishing a one-year term for the office of Vice-President of the Council, to be appointed at the first Council meeting in December every year.

FINANCIAL IMPLICATIONS
None

BACKGROUND
The Vice-President of the Council, as defined in the City Charter, presides over the Council meetings when the Mayor is absent. During the temporary absence or disability of the Mayor, the Vice-President of the Council shall act as Mayor pro tempore. Over the years, the City Council has selected the Vice-President of the Council in a number of ways. From 2008 to 2016, the Council appointed one of its members as Vice-President of the Council for a term of one-year.

On December 8, 2016, by adoption of Resolution No. 67,768-N.S., the Council changed the term of Vice-President to a 3-month rotation cycle, allowing each member of the Council to serve as Vice Mayor for a period of three months.

While this rotation schedule gave every Councilmember the opportunity to serve and facilitate Council meetings in the Mayor’s absence, a one-year appointment will ensure continuity of government and give the Vice-President of the Council more experience in conducting meetings and acting as the Mayor Pro Tempore if needed.

The Mayor is recommending that the Council change the term for the position of Vice-President of the Council to a one-year term, and that person be elected by a majority of the Council.

ENVIRONMENTAL SUSTAINABILITY
No identifiable environmental effects from taking this action

CONTACT PERSON
Mayor Jesse Arreguin510-981-7150
Attachments:
1: Resolution

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

RESCINDING RESOLUTION NO. 67,768-N.S. and ESTABLISH A NEW TERM FOR THE

OFFICE OF VICE PRESIDENT OF THE COUNCIL
WHEREAS, Article VIII, Section 39 of the City Charter states that the Council shall elect one of its members to be the Vice-President of the Council; and WHEREAS, the City Charter and City Council Rules of Procedure and Order state that when the Mayor is absent, the Vice-President of the Council shall preside over all meetings; and WHEREAS, Article VI, Section 22 of the City Charter states that “During the temporary absence or disability of the Mayor, the Vice-President of the Council shall act as Mayor pro tempore”; and WHEREAS, to ensure property continuity of government the Council must appoint one of its members to serve as Vice-President of the Council; and
WHEREAS, prior to 1997, pursuant to Resolution No. 53,583-N.S., the policy of the Council was to have each member of the Council serve as Vice Mayor for a period of three months every two-year term in office; and
WHEREAS, in 1997, Council rescinded Resolution No. 53,583-N.S. and adopted Resolution No. 58,819-N.S. appointing Councilmember Maudelle Shirek as Vice Mayor of the City of Berkeley; and
WHEREAS, Vice Mayor Shirek served in that post for seven years, from 1997–2004; and WHEREAS, in 2004 Council adopted Resolution No. 62,743-N.S. to reestablish a rotation schedule where each member of the Council serves as “Vice Mayor” for three months every two years; and
WHEREAS, in 2008 Council adopted Resolution No. 64,288-N.S. to establish a one-year term for Vice-President of the Council and for that person to be elected by a majority of the Council; and WHEREAS, in 2016, the Council adopted Resolution No. 67,768-N.S. to re-establish a rotation schedule where every Councilmember served as Vice-President of the Council for period of three months; and
WHEREAS, while this rotation schedule gave every Councilmember the opportunity to serve and facilitate Council meetings in the Mayor’s absence, a one-year appointment will ensure continuity of government and give the Vice-President of the Council more experience in conducting meetings and acting as the Mayor Pro Tempore if needed; and WHEREAS, the Mayor is recommending that the Council change the term for the position of Vice- President of the Council to a one-year term, and that person be elected by a majority of the Council.

NOW THEREFORE, BE IT RESOLVED that Resolution No. 67,768-N.S. is hereby rescinded; and

BE IT FURTHER RESOLVED that the Vice-President of the Council shall be elected by the Council for a term of one year, with the selection to be made at the first Council meeting in December beginning December 4, 2018.

Office of the Mayor
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7100 ● TDD: (510) 981-6903 ● Fax: (510) 981-7199 E-Mail: [email protected]

CONSENT CALENDAR
December 13, 2022
To: Members of the City Council
From: Mayor Jesse Arreguín
Subject: Appointment of the Vice-President of the Council

RECOMMENDATION
Adopt a Resolution appointing Councilmember Ben Bartlett to be the Vice-President of the Council for a term beginning December 14, 2022 to December 5, 2023 and Councilmember Susan Wengraf to be the Vice President of the Council for a term beginning December 6, 2023 to December 1, 2024 or until new appointments are made.

FINANCIAL IMPLICATIONS
None

BACKGROUND
The Vice-President of the Council, as defined in the City Charter, presides over the Council meetings when the Mayor is absent. During the temporary absence or disability of the Mayor, the Vice-President of the Council shall act as Mayor pro tempore. Over the years, the City Council has selected the Vice-President of the Council in a number of ways. From 2008 to 2016, the Council appointed one of its members as Vice- President of the Council for a term of one-year.

On December 8, 2016, by adoption of Resolution No. 67,768-N.S., the Council changed the term of Vice-President to a 3-month rotation cycle, allowing each member of the Council to serve as Vice Mayor for a period of three months.

While this rotation schedule gave every Councilmember the opportunity to serve and facilitate Council meetings in the Mayor’s absence, a one-year appointment will ensure continuity of government and give the Vice-President of the Council more experience in conducting meetings and acting as the Mayor Pro Tempore if needed.

On December 4, 2018, the Council adopted a resolution changing the term of Vice- President of the Council from a rotating term of 3 months, to a fixed one-year term. The resolution requires that the Council elect a Vice-President of the Council at the first Council meeting each December. It also permits the Council at that time to appoint an individual for two consecutive years, or to appoint two different Councilmembers as Vice-President of the Council over a two-year period

The Mayor is nominating Councilmember Ben Bartlett to serve as Vice-President of the Council for a term beginning December 7, 2022 to December 5, 2023 and Councilmember Susan Wengraf to serve as Vice-President of the Council for a term beginning December 6, 2023 to December 1, 2024 or until new appointments are made.

CONTACT PERSON
Mayor Jesse Arreguin 510-981-7100
Attachments:
1: Resolution

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

APPOINTING A VICE-PRESIDENT OF THE CITY COUNCIL
WHEREAS, Article VIII, Section 39 of the City Charter states that the Council shall elect one of its members to be the Vice-President of the Council; and WHEREAS, the City Charter and City Council Rules of Procedure and Order state that when the Mayor is absent, the Vice-President of the Council shall preside over all meetings; and
WHEREAS, Article VI, Section 22 of the City Charter states that “During the temporary absence or disability of the Mayor, the Vice-President of the Council shall act as Mayor pro tempore”; and
WHEREAS, to ensure proper continuity of government the Council must appoint one of its members to serve as Vice-President of the Council; and WHEREAS, the Council voted to change the term of the Vice-President of the Council to a one-year term appointed at the first Council meeting in December, beginning December 4, 2018. The resolution also allows the Council to appoint an individual for two consecutive years, or to appoint two different Councilmembers as Vice-President of the Council over a two-year period.

NOW THEREFORE, BE IT RESOLVED by Council of the City of Berkeley that it hereby appoints Councilmember Ben Bartlett to serve as Vice-President of the Council for a term beginning December 14, 2022 to December 5, 2023 and appoints Councilmember Susan Wengraf to serve as Vice-President of the Council for a term beginning December 6, 2023 to December 1, 2024 or until new appointments are made.

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/

PUBLIC HEARING
January 21, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Scott Gilman, Director, Health, Housing, and Community Services Subject: California Municipal Finance Authority Bond Financing for 2001 Ashby Avenue

RECOMMENDATION
Conduct a public hearing under the requirements of the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) and the Internal Revenue Code of 1986, as amended, and upon conclusion, adopt a Resolution approving the issuance of additional bonds, increasing the total amount of bonds to be issued for this project, by the California Municipal Finance Authority (CMFA) for the benefit of the 2001 Ashby Avenue rental housing development.

FISCAL IMPACTS OF RECOMMENDATION
Resources for Community Development (RCD), 2001 Ashby Avenue’s sponsor, has requested that CMFA adopt a financing plan to provide for the issuance of a tax-exempt loan in one or more bond series not to exceed $44,957,471 in aggregate principal amount (collectively, the “Bonds”). The Bonds to be issued by the CMFA will be the sole responsibility of RCD. The City will have no financial, legal, moral obligation, liability or responsibility for the repayment of the Bonds. All financing documents with respect to the issuance of the loan will contain clear disclaimers that the loan is not an obligation of the City or the State of California but is to be paid for solely from funds provided by RCD.

CURRENT SITUATION AND ITS EFFECTS
RCD is the sponsor of an 87-unit rental housing facility for low-income and very low- income tenants, including those experiencing homelessness (the “Project”), located at 2001 Ashby Avenue. The City Council approved a $17,000,000 loan from the Housing Trust Fund (HTF) program, and approved the issuance of bonds in an amount not to exceed $50,000,000 by the California Municipal Finance Authority (CMFA) in December of 2021 to support this project’s financing. The actual issuance of bonds for the project was for $42,607,471. Since this approval, the project is in the final stages of construction and is expected to be occupied in early 2025.

California Public Finance Authority Bond PUBLIC HEARING Financing for 2001 Ashby Avenue January 21, 2025

Because of various project delays, the development costs are higher than anticipated and RCD needed to identify a source of funding to fill the gap. RCD requested that CMFA issue the Bonds to finance the remaining construction, improvement, and equipping of the Project. These Bonds, combined with the City’s HTF loan and State sources, will facilitate the necessary financing for the Project’s completion.

In order for the bonds to qualify as tax-exempt bonds, the City must conduct a public hearing (the “TEFRA Hearing”) to provide members of the community an opportunity to speak in favor of or against the use of tax-exempt bonds for the Project’s financing.

Prior to the TEFRA Hearing, reasonable notice must be provided to the members of the community. Following the close of the TEFRA Hearing, an “applicable elected representative” of the government hosting the Project must provide its approval of the issuance of the bonds for its financing. This adoption is solely for the purposes of satisfying the requirements of TEFRA, the Internal Revenue Code, and the California Government Code Section 6500.

BACKGROUND
The CMFA was created on January 1, 2004 pursuant to a joint exercise of powers agreement to promote economic, cultural, and community development through the financing of economic development and charitable activities throughout California. To date, over 330 municipalities, including the City of Berkeley, have become members of CMFA.

The CMFA was formed to assist local governments, non-profit organizations and businesses with the issuance of taxable and tax-exempt financing aimed at improving the standard of living in California. The CMFA’s representatives and its Board of Directors have considerable experience in bond financings.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Developing infill, affordable housing is generally accepted as a best practice to reduce greenhouse gas emissions from vehicle miles traveled.

RATIONALE FOR RECOMMENDATION
The proposed project is eligible for tax-exempt bonds. The Council’s approval of the CMFA’s issuance will help the Project access tax-exempt financing to support the City’s supply of low- and very-low income units in accordance with the City’s Regional Housing Needs Allocation and Strategic Plan goals.

The City has previously invested HTF funds to support this project’s financing, which will be leveraged in conjunction with these tax-exempt bonds to support the Project’s completion.

California Public Finance Authority Bond PUBLIC HEARING Financing for 2001 Ashby Avenue January 21, 2025

ALTERNATIVE ACTIONS CONSIDERED
The City may decline to hold a TEFRA hearing at all, or to hold the hearing but not approve the bonds. While it is preferable for the City to hold the TEFRA hearing and approve the use of bonds, CMFA could approach Alameda County to fill this role if the City declined. Alternatively, the project would need to identify a new funding plan that does not include additional bond funds if the City Council does not approve the issuance. The resulting delays and/or additional expenses would negatively impact the Project’s feasibility.

CONTACT PERSON
Kelly deWolfe, Community Development Project Coordinator, HHCS, (510) 981-5424 Attachments:
1: Resolution
2: Public Hearing Notice

RESOLUTION NO. ________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BERKELEY APPROVING

THE REISSUANCE OF REVENUE BONDS BY THE CALIFORNIA MUNICIPAL

FINANCE AUTHORITY IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $44,957,471 TO FINANCE AND REFINANCE A MULTIFAMILY RENTAL HOUSING FACILITY FOR THE BENEFIT OF MAUDELLE SHIREK, L.P., OR ITS

AFFILIATE, AND CERTAIN OTHER MATTERS RELATING THERETO
WHEREAS, Resources for Community Development (the “Sponsor”), on behalf of Maudelle Shirek, L.P., a California limited partnership (the “Borrower”), has requested that the California Municipal Finance Authority (the “Authority”) reissue one or more series of revenue bonds in an aggregate principal amount not to exceed $44,957,471 (the “Bonds”), including but not limited to revenue bonds issued as part of a plan to (1) finance and refinance the acquisition, construction, improvement and equipping of an 87-unit rental housing facility for low-income and very low-income tenants, including those experiencing homelessness (the “Project”), to be located at 2001 Ashby Avenue in the City of Berkeley, California (the “City”), and (2) pay certain expenses in connection with the reissuance of the Bonds; and
WHEREAS, an “applicable elected representative” of the jurisdiction in which the Project is to be located is required to approve the reissuance of the Bonds under Section 147(f) of the Code; and
WHEREAS, the City Council of the City (the “City Council”) is the elected legislative body of the City and is an “applicable elected representative” for purposes of Section 147(f) of the Code; and
WHEREAS, the Authority has requested that the City Council approve the reissuance of the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 4 of the Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the “Agreement”), among certain local agencies, including the City; and WHEREAS, pursuant to Section 147(f) of the Code, the City Council has, following notice duly given, held a public hearing regarding the reissuance of the Bonds, and now desires to approve the reissuance of the Bonds by the Authority.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley, as follows:

Section 1. The foregoing recitals are true and correct.

Section 2. The City Council hereby approves the reissuance of the Bonds by the Authority, including but not limited to Bonds issued as part of a plan to finance and refinance the Project. It is the purpose and intent of the City Council that this resolution constitute approval of the reissuance of the Bonds by the Authority for the Project, for the purposes of (a) Section 147(f) of the Code by the applicable elected representative

January 21, 2025

of a governmental unit having jurisdiction over the area in which the Project is to be located, in accordance with said Section 147(f) and (b) Section 4 of the Agreement.

Section 3. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing transaction approved hereby.

Section 4. The Clerk shall forward a certified copy of this Resolution to the Authority in care of its counsel:

Ronald E. Lee, Esq.

Jones Hall, APLC
475 Sansome Street, Suite 1700
San Francisco, CA 94111
Section 5. This resolution shall take effect immediately upon its adoption.

NOTICE OF PUBLIC HEARING

BERKELEY CITY COUNCIL

CALIFORNIA MUNICIPAL FINANCE AUTHORITY MULTIFAMILY
HOUSING REVENUE BONDS FOR 2001 ASHBY AVENUE
The public may participate in this hearing by remote video or in-person.

The Department of Housing and Community Services is proposing that on January 21, 2025, a public hearing as required by Section 147(f) of the Internal Revenue Code of 1986 will be held with respect to the proposed reissuance by the California Municipal Finance Authority (the “Authority”) of its revenue bonds in one or more series in an amount not to exceed $44,957,471 (the “Bonds”), including but not limited to revenue bonds reissued as part of a plan to (1) refinance the acquisition, construction, improvement and equipping of an 87-unit rental housing facility for low-income and very low-income tenants, including those experiencing homelessness (the “Project”), to be located at 2001 Ashby Avenue in the City of Berkeley, California (the “City”); and (2) pay certain expenses incurred in connection with the reissuance of the Bonds.. The facilities are to be owned and operated by Maudelle Shirek, L.P., a California limited partnership (the “Borrower”).

The Bonds and the obligation to pay principal thereof and interest thereon and any redemption premium with respect thereto do not constitute indebtedness or an obligation of the City of Berkeley, the Authority, the State of California or any political subdivision thereof, within the meaning of any constitutional or statutory debt limitation, or a charge against the general credit or taxing powers of any of them. The Bonds shall be a limited obligation of the Authority, payable solely from certain revenues duly pledged therefor and generally representing amounts paid by the Borrower.

The hearing will be held on January 21, 2025 at 6:00 p.m. or as soon thereafter as the matter can be heard in the School District Board Room, located at 1231 Addison Street, Berkeley, CA 94702. Once posted, the agenda for this meeting will include a link for public participation using Zoom video technology, as well as any health and safety requirements for in-person attendance.

Interested persons wishing to express their views on the reissuance of the Bonds or on the nature and location of the facilities proposed to be financed and refinanced may attend the City Council meeting or, prior to the City Council meeting, submit written comments.

A copy of the agenda material for this hearing will be available on the City’s website at https://berkeleyca.gov/ as of January 9, 2025.

For further information, please contact Kelly deWolfe at (510) 981-5424.

Written comments should be mailed or delivered directly to the City Clerk, 2180 Milvia Street, Berkeley, CA 94704, in order to ensure delivery to all Councilmembers and inclusion in the agenda packet.

Communications to the Berkeley 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 or in person to the City Clerk. 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 at (510) 981-6900 or [email protected] for further information.

Published: January 10, 2024 – The Berkeley Voice [must be published at least 7 days in advance]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the Notice for this Public Hearing 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 January 9, 2025.
__________________________________
Mark Numainville, City Clerk

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

PUBLIC HEARING
January 21, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Scott Ferris, Director, Parks, Recreation and Waterfront Subject: Changes to Selected Recreation Facilities and Camps Program Fees

RECOMMENDATION
Conduct a public hearing and upon conclusion, adopt a Resolution approving new fees and increasing current fees for select recreation programs and facility rentals; and rescinding Resolution No. 71,356 N.S. and all amendatory resolutions.

FISCAL IMPACTS OF RECOMMENDATION
The proposed new fees and fee increases will provide additional revenue to offset the operation and maintenance costs associated with picnic sites, Tuolumne (BTC) and Echo Lake Resident Camps and Berkeley Day Camp.

New revenue from picnic site reservations will be deposited into the Parks Tax and Marina Fund, depending on the location of the rental. All picnic site reservation revenue will go to the Parks Tax Fund starting in July 2025, when Waterfront park and landscape costs are shifted from the Marina Fund to the Parks Tax Fund, following the recent voter-approved increase to the Parks Tax.

New revenue from increases to BTC, Echo Lake Camp and Berkeley Day Camp will be deposited into the Camps Fund.

These fee increases would raise an estimated $95,085 in the next year to help offset program costs, (see Table 1).

Table 1 - Summary of Estimated Annual Increase in Revenue Fee
Camps Fund
(125)
Parks Tax
(138)
Marina Fund
(608)
Total
Picnic Area Rentals $40,325 $6,760 $47,085
Camp Programs $48,000 $48,000
Total $48,000 $40,325 $6,760 $95,085

CURRENT SITUATION AND ITS EFFECTS
On May 21, 2024, Council adopted an updated Fee Schedule for the Recreation Division programs (Resolution No. 71,356-N.S.). The City regularly reviews all recreation fees in an

Changes to Selected Recreation Facilities and Camp Program Fees PUBLIC HEARING January 21, 2025
2 effort to keep programs and facilities accessible to residents while accounting for increased costs to deliver those services.

Camps Fund
The Camps Fund is a self-supporting fund, with revenues expected to cover expenditures. The Camps Fund is comprised of five main programs:
 Berkeley Day Camp, a summer day camp program in Berkeley;  Berkeley Cazadero Camp, operated by Cazadero Performing Arts Camp and offering music and performing arts programs, located in Sonoma County;  Berkeley Echo Lake Camp, offering Family Camp, Youth Camp, Counselor-in- Training and other programs, located near South Lake Tahoe; and  Berkeley Tuolumne Camp, offering Family Camp, Counselor-in-Training, and other programs, located near Yosemite National Park.
 Fee Classes, including internal and contractor-run classes in health and fitness, martial arts, youth enrichment, sports, and education.

Prior to the 2013 Rim Fire, which caused the destruction of BTC, the Camps Fund revenue consistently outpaced expenses. Since that time the fund has operated in a deficit. While the Camps Fund has made significant strides since BTC reopened 3 years ago, the operational deficit of approximately $700,000, which is reduced from previous years, still exists. The planned increases will raise an estimated $48,000 in revenue this year, which combined with increased registration from program changes, will help reduce this deficit.

Table 2 - Impact of New Fees and Program Changes on the Camps Fund Camps Fund: FY25 FY25 Budget FY25 Budget
(with fee increases)
Total Revenues $3,165,937 $3,213,937
Total Expenditures $3,911,261 $3,911,261
Net Revenue (Deficit) ($745,324) ($697,324)
Fee increases are proposed to the following programs. The proposed changes are detailed in Attachment 1, with fee comparisons in Attachment 2.

Berkeley Day Camp
Increased fees are required to offset growing personnel, materials and equipment costs. The implementation of a 5% increase for each of the next 3 years will help cover costs, while still maintaining program fees at or below market rate pricing (see Attachment 2). This is a very popular program and operates at over 95% occupancy.

Berkeley Echo Lake Camp
Echo Lake Camp has provided high quality, inclusive, recreation opportunities for the Berkeley community for over 100 years. Both personnel and non-personnel costs have increased in recent years and new fees are needed to offset those costs for youth camp, family camp, and the counselor-in-training (CIT) programs. Proposed changes include a 5% fee increase in Youth Camp, and CIT programs over the next 3 calendar years and the establishment of new beginning and advanced backpacking programs with a fee of $1,214 and $1,600 respectively, with 5% increases in each of the following 2 years. The proposed fee increases maintain our program fees at rates that are consistent with or below neighboring camp programs (see

Changes to Selected Recreation Facilities and Camp Program Fees PUBLIC HEARING January 21, 2025
3 Attachment 2). Typically, Echo Lake youth camp has waitlists for every week and operates at over 95% occupancy.

Berkeley Tuolumne Camp
As Berkeley Tuolumne Camp is rebuilding its participant base, staff are not proposing increases to family camp fees. Fee increases are proposed for the counselor-in-training (CIT) program to offset increasing costs associated with that program as this program has become more labor- intensive than originally anticipated. Proposed changes include a 5% increase in CIT fees in each of the next 3 years. Despite these proposed increases, we continue to maintain our market rate pricing (see Attachment 2).

Additionally, staff are proposing changes to the cancelation fees. Currently, participants have an option of paying a $500 deposit and then paying the balance at the beginning of May, or paying the full fees at the time of registration. If they cancel 30 days or more before their reservation date, they are only charged a 25% admin fee, not to exceed $150. This minimal cancelation fee policy has resulted in numerous family camp reservations being cancelled late, leaving their cabin almost impossible to fill because most family camp registrants sign up 5-6 months in advance. Staff is proposing that only the family camp cancelation fee is increased to $500 per reservation for cancellations 30 days or more in advance of arrival; non-family camp cancelation fees remain the same at 25% of reservation, not to exceed $150. There is no change proposed to the current policy that cancellations less than 30 days are not refunded.

Fee changes are proposed to go into effect January 22, 2025, January 1, 2026 and January 1, 2027.

Picnic Site Rental Fees
Picnic site fees offset the costs of maintenance, managing reservations and employees who ensure reservations are appropriate and safe. While the number of permits and revenue associated with those permits has increased in recent years (see Table 3), the number of staff and associated costs to manage those reservations has also increased.

Picnic site rental revenue is deposited in the Parks Tax or Marina Fund, depending on location.

When the new Parks Tax revenue is introduced in FY26, Waterfront picnic site revenue and costs will shift from the Marina Fund to Parks Tax. The Parks Tax Fund is projected to carry only a 6% reserve in FY27 despite the recent Parks Tax increase passed by voters, as the new funding is fully allocated to capital, tree planting and Waterfront park and landscape costs.

Table 3 – Reservable picnic site use and revenue since 2020 Fiscal Year Number of Permits Revenue
Number of
Reservable
Picnic Spaces
FY 2020 171 $9,598 8
FY 2021 292 $17.675 8
FY 2022 1,378 $74,592 18
FY 2023 2,099 $102,295 18
FY 2024 2,525 $128,783 28

Changes to Selected Recreation Facilities and Camp Program Fees PUBLIC HEARING January 21, 2025
4 New Reservable Picnic Site Fees
The following new sites are proposed to respond to increased demand for reservable picnic sites in these parks.

Table 4 – New reservable picnic site fees
Location Unit of
Measure Resident Non-Resident
Cedar Rose Area 3 (Trellis Site) 4-hours $36 $43
Cesar Chavez Area 3 4-hours $70 $70
Codornices Park Area 3 4-hours $50 $60
Cragmont Park Area 2 4-hours $50 $60
Cragmont Park Area 3 4-hours $50 $60
John Hinkel Area 2 4-hours $50 $60
San Pablo Area 4 4-hours $33 $40
San Pablo Area 5 4-hours $33 $40
Shorebird Park Area 4 4-hours $75 $75
Strawberry Creek Park Area 2 4-hours $33 $40

Changes to Existing Picnic Site Fees
The following sites have been modified with additional amenities like tables or barbeques.

These sites are currently reserved regularly.

Table 5 – Changes to existing picnic site fees

Location Unit of
Measure
Resident
(proposed change
in rate)
Non-Resident
(proposed change
in rate)
Cedar Rose Area 1 4-hours From $30 to $36 From $40 to $43 Grove Park Area 1 4-hours From $33 to $50 From $40 to $60 Strawberry Creek Park Area 1 4-hours From $33 to $50 From $40 to $60

New fee and discount related to John Hinkel Amphitheater The John Hinkel Amphitheater, which seats up to 200 people, is available for rent in 4-hour time blocks. City staff have received requests for a multi-day discount from small theater groups and longstanding rentals. A proposed multi-day discount of 20% would be applied to reservations that are greater than 3 days, with the discount applied to the reservation for the Amphitheater only.

Additionally, to alleviate conflicts between amphitheater performances and the adjacent picnic site (John Hinkel Picnic Site 2), an “add-on” picnic site fee is being proposed, so that groups booking the amphitheater can also reserve the picnic site at a reduced rate. The proposed “add- on” picnic site fee is $15 for a 4-hour block, reduced from the regular $50 rate noted above.

Changes to Selected Recreation Facilities and Camp Program Fees PUBLIC HEARING January 21, 2025
5 Table 6 – New fee and discount related to John Hinkel Amphitheater* Location Unit of
Measure
Resident Non-Resident
B. John Hinkel Amphitheater 4-hours $200* $240*
Each Additional Hour (after 4 hours) Hour $75* $90*
Multi-Day Discount – Applies to amphitheater
reservations that are greater than 3 days
4-hours 20% Discount 20% Discount
Add-On Picnic Site 2 picnic tables - lower level 4-hours $15 $20 *There is no change proposed to basic rental rate of amphitheater; these are included to show total costs for rental.

Fee changes are proposed to go into effect January 22, 2025.

BACKGROUND
The Parks, Recreation and Waterfront Department operational budget (non-CIP) is approximately $48M per year. The primary funds that support the PRW Department are the Parks Tax, the Marina Fund, the Camps Fund and the General Fund. With the General Fund only supporting 21% (or $9.8M per year) of the Department’s budget, that leaves the majority of operations to be self-supporting. The fees related to camp programs and picnic and park reservations proposed in this report are needed to cover costs associated with self-supporting non-General Fund programs.

ENVIRONMENTAL SUSTAINABILITY
The proposed camp fee increases will support sustainability in these camp programs which provide direct and indirect environmental benefits. Camp programs connect the community with the environment, emphasize the importance of environmental stewardship, and teach youth and community members about our local environmental resources and how to preserve them. Picnic site and park rentals similarly provide pathways for community members to engage with the outdoors, the local environment, and practice environmental stewardship.

CONTACT PERSON
Scott Ferris, Director, 510-981-6711
Attachments:

1. Recreation Fees: Current vs. Proposed

2. Fee Comparisons

3. Resolution
Exhibit A: Fee Schedule

4. Notice of Public Hearing

Changes to Selected Recreation Facilities and Camp Program Fees PUBLIC HEARING January 21, 2025
6 ATTACHMENT 1
Recreation Fee Schedule: Proposed Changes in Selected Areas Program Area Unit of
Measure
Resident
(Current) Resident
(Proposed)
Non-
Resident
(Current)
Non-
Resident
(Proposed)

6. Picnic Areas (4-Hour Minimum)
Cedar Rose Area 1 4-hours 30.00 $36.00 $40.00 $43.00
Cedar Rose Area 3 4-hours - $36.00 - $43.00
Cesar Chavez Area 3 4-hours - $70.00 - $70.00
Codornices Park Area 3 4-hours - $50.00 - $60.00
Cragmont Area 2 4-hours - $50.00 - $60.00
Cragmont Area 3 4-hours - $50.00 - $60.00
Grove Area 1 4-hours $33.00 $50.00 $40.00 $60.00
John Hinkel Area 2 4-hours - $50.00 - $60.00
San Pablo Park Area 4 4-hours - $33.00 - $40.00
San Pablo Park Area 5 4-hours - $33.00 - $40.00
Shorebird Park Area 4 4-hours - $75.00 - $75.00
Strawberry Creek Area 1 4-hours $33.00 $50.00 $40.00 $60.00 Strawberry Creek Area 2 4-hours - $33.00 - $40.00

7. Parks & Open Space (Not Athletic Fields)
C. John Hinkel Amphitheater
Add-on: Picnic Area 2 - Lower Level 4-hours - $15.00 - $20.00 Multi-Day Discount – Applies to reservations that are greater than 3 days (Applies to the Full Permit) 4-hours - 20%
discount - 20%
discount

8. Weddings & Events (4-Hour Minimum)
C. John Hinkel (Outside Areas)
Cleaning/Damage Deposit - $350.00 - $350.00
Add-on: Picnic Area 2 - Lower Level 4-hours - $15.00 - $20.00 Multi-Day Discount – Applies to reservations that are greater than 3 days (Applies to Amphitheater only) 4-hours - 20%
discount - 20%
discount

Changes to Selected Recreation Facilities and Camp Program Fees PUBLIC HEARING January 21, 2025
7 Program Area Unit of
Measure
Resident
(Current)
Resident
(as of
1/22/2025)
(Proposed)
Resident
(as of
1/1/2026)
(Proposed)
Resident
(as of 1/1/2027)
(Proposed)
Non-
Resident
(Current)
Non-
Resident
(as of
1/22/2025)
(Proposed)
Non-
Resident
(as of 1/1/2026)
(Proposed)
Non-
Resident
(as of 1/1/2027)
(Proposed)
I. Camp Programs

1. Berkeley Day Camp
Youth Core Program 5-Day $269.00 $282.00 $296.00 $311.00 $323.00 $339.00 $356.00 $374.00 AM Extended Care 5-Day $57.00 $60.00 $63.00 $66.00 $68.00 $71.00 $75.00 $79.00 PM Extended Care 5-Day $88.00 $92.00 $97.00 $102.00 $106.00 $111.00 $117.00 $123.00 Counselor-In-Training 10-Day $217.00 $228.00 $239.00 $251.00 $260.00 $273.00 $287.00 $301.00

2. Echo Lake Camp
B. Counselor-In-Training
Counselor-In-Training 2-Week $448.00 $470.00 $494.00 $519.00 $538.00 $565.00 $593.00 $623.00 Counselor-In-Training 1-Week $308.00 $323.00 $339.00 $356.00 $370.00 $389.00 $408.00 $428.00 I. Youth Camp
5-Day Program 5-Day $672.00 $706.00 $741.00 $778.00 $806.00 $846.00 $888.00 $932.00 6-Day Program 6-Day $806.00 $846.00 $888.00 $932.00 $967.00 $1,015.00 $1,066.00 $1,119.00 7-Day Program 7-Day $941.00 $988.00 $1,037.00 $1,089.00 $1,129.00 $1,185.00 $1,244.00 $1,306.00 Per Day Fee 1-Day $134.00 $141.00 $148.00 $155.00 $161.00 $169.00 $177.00 $186.00 K. Backpacking Program
Beginning Backpacking 5-Day - $1,214.00 $1,275.00 $1,339.00 - $1,456.00 $1,529.00 $1,605.00 Advanced Backpacking 6-Day - $1,600.00 $1,680.00 $1,764.00 - $1,920.00 $2,016.00 $2,117.00

3. Tuolumne Camp
C. Counselor-In-Training
Counselor-In-Training 2-Week $465.00 $488.00 $512.00 $538.00 $558.00 $586.00 $615.00 $646.00 Counselor-In-Training 1-Week $308.00 $323.00 $339.00 $356.00 $370.00 $389.00 $408.00 $428.00

4. Resident Camp
Surcharges
Family Camp Reservation
Cancellation
Reserva
tion
30 days or more before arrival: $500 per reservation.

Less than 30 days before arrival: no refunds

Changes to Selected Recreation Facilities and Camp Program Fees PUBLIC HEARING January 21, 2025
8 Program Area Unit of
Measure
Resident
(Current)
Resident
(as of
1/22/2025)
(Proposed)
Resident
(as of
1/1/2026)
(Proposed)
Resident
(as of 1/1/2027)
(Proposed)
Non-
Resident
(Current)
Non-
Resident
(as of
1/22/2025)
(Proposed)
Non-
Resident
(as of 1/1/2026)
(Proposed)
Non-
Resident
(as of 1/1/2027)
(Proposed)
Non-Family Camp
Reservation Cancellation
(30 days or more before
arrival)
Reserva
tion 25% of reservation, not to exceed $150

Internal
Changes to Selected Recreation Facilities and Camp Program Fees PUBLIC HEARING January 21, 2025
9 ATTACHMENT 2
Table 1: Youth Camp Program Fees – Per Session Comparison Note: This analysis compares the per camper rate for a Youth Camp Enrollment during primary program periods for a 6-day session. Other camps have varied schedule models and fees have been adapted for comparative purposes. Where camps include additional surcharges or operational fees in addition to the base rate, such rates have been calculated for comparison. Session fees are pro-rated or extended where applicable.

Agency Fee
YMCA Camp Ravencliffe $638
Berkeley Echo Lake Camp (current) $806
Berkeley Echo Lake Camp (5% increase) $846
YMCA Camp Loma Mar $886
Camp Concord $1,071
Cazadero (Young Musicians) $1,080
Cazadero (Middle School) $1,095
Sierra Nevada Journeys $1,250
Camp Winnarainbow (1 week) $1,300
Camp Augusta $2,014
Mountain Camp $2,600

Internal
Changes to Selected Recreation Facilities and Camp Program Fees PUBLIC HEARING January 21, 2025
10 Table 2: Counselor-In-Training – Per Session Comparison for Echo Lake Note: This analysis compares the per camper rate for a Counselor-In-Training Program during primary program periods for one-week, two-week and three-week sessions.

Agency Fee
Berkeley Echo Lake Camp (One Week; Current) $308
Berkeley Echo Lake Camp (One Week; Proposed) $323
Berkeley Echo Lake Camp (Two Week; Current) $448
Berkeley Echo Lake Camp (Two Week; Proposed) $488
Camp Concord (One Week) $1,050
Sierra Nevada Journeys (Two Week) $2,500
Camp Augusta (Three Week) $2,730
Walton’s Grizzly Lodge (Two Week) $4,410
Mountain Camp (Two Week) $5,000
Shaffer High Sierra Camp (Two Week) $5,295
Table 3: Backpacking Program – Per Session Comparison for Echo Lake Note: This analysis compares the per camper rate for Backpacking Programs during primary program period of 6-days.

Agency Program Length Fee
Berkeley Echo Lake Camp (Beginners; Proposed) 6-days $1,214 Avid 4 Adventure 6-days $1,299
Berkeley Echo Lake Camp (Advanced; Proposed) 6-days $1,600 Camp Augusta 6-days $1,600
Camp Tawonga 6-days $1,795
Hidden Villa 12-days $2,200
Walton’s Grizzly Lodge (Two Week) 8-days $2,550

Internal
Changes to Selected Recreation Facilities and Camp Program Fees PUBLIC HEARING January 21, 2025
11 Table 4: Counselor-In-Training – Per Session Comparison for Berkeley Tuolumne Camp Note: This analysis compares the per camper rate for a Counselor-In-Training Program during primary program periods for one-week, two-week and three-week sessions.

Agency Fee
Berkeley Tuolumne Camp (One Week; Current) $308
Berkeley Tuolumne Camp (One Week; Proposed) $323
Berkeley Tuolumne Camp (Two Week; Current) $465
Berkeley Tuolumne Camp (Two Week; Proposed) $488
Camp Krem (10-Days) $800
Camp Concord (One Week) $1,050
Sierra Nevada Journeys (Two Week) $2,500
Camp Tawonga (Four Week) $6,995
Table 5: Day Camp Program Fees- Per Session Comparison Note: This analysis compares the per session rate for a single Day Camp Enrollment during primary program periods for a 5-day session Monday through Friday. Agencies are all comparative in hours of services, activities and locations provided per registration.

Agency Fee
Berkeley Day Camp (current) $269
Berkeley Day Camp (proposed) $282
CAMP 510 $430
Camp JCAS $450
MOCHA $450
Galileo Camp $525
Redwood Day $540
Steve & Kate's Camp $575
Monkey Business $638

Internal
Changes to Selected Recreation Facilities and Camp Program Fees PUBLIC HEARING January 21, 2025
12 Table 6: Day Camp Counselor-In-Training Program Fees- Per Session Comparison Note: This analysis compares the per session rate for a single Day Camp Counselor-in-Training Program Enrollment during primary program periods for 5-day sessions, Monday through Friday. Agencies are all comparative in hours of services, activities and locations provided per registration.

Agency Program Length Fee
Berkeley Day Camp (Current) 5-Day $108.50
Berkeley Day Camp (Proposed) 5-Day $114
Camp 510 5-Day $225
Monkey Business 5-Day $309
Galileo Camp 5-Day $375
Camp JCAS 5-Day $425
Kids for the Bay 5-Day $475
Redwood Day 5-Day $540
MOCHA 5-Day $540
Steve & Kate's Camp 5-Day $600
Table 7: Picnic Site – Per Hour Fee Comparison
Note: This analysis compares hourly rates for picnic reservations.

Agency Resident
Rate
Non-
Resident
Rate
Details
City of El Cerrito $11 $14 Each reservation is for the full day sun-up to sun-down, generally 8am-7pm.

City of Berkeley
(Proposed)
$14 $16 Average of City picnic site costs
City of Albany $24 $27 Set start and end times for blocks, like COB.

City of Lafayette $30 $36 Fee is based on number of patrons. These are for 1-20 attendees.

City of Pinole $30 $39
City of Richmond $39 $39

Internal
Changes to Selected Recreation Facilities and Camp Program Fees PUBLIC HEARING January 21, 2025
13 Agency Resident
Rate
Non-
Resident
Rate
Details
City of Oakland $40 $43 Includes Park use fee in addition to picnic fee. Park use fee is based on number of
patrons.

City of Orinda $62 $79 4 categories for rates: OUSD, Nonprofit, Private, Commercial. These rates are for
Private (Resident) and Commercial (Non-
resident).

Changes to Selected Recreation Facilities and Camp Program Fees PUBLIC HEARING January 21, 2025
14 ATTACHMENT 3
RESOLUTION NO. ##,###-N.S.

CHANGES TO SELECTED RECREATION AND CAMPS PROGRAM FEES; FOR PARKS & RECREATION PROGRAMS AND FACILITIES; AND RESCINDING RESOLUTION NO. 71,356 N.S.

WHEREAS, on May 21, 2024, Council adopted the new Fee Schedule for Recreation Division programs (Resolution No. 71,356-N.S.); and
WHEREAS, the proposed Echo Lake Camp, Tuolumne Camp, and Berkeley Day Camp new fees and fee increases will provide additional revenue to the Camps Fund which will help cover the cost of delivering programs; and
WHEREAS, the Picnic Permit new fees and locations will provide additional revenue to the Parks Tax Fund and Marina Fund which will help cover the cost of delivering service and maintaining facilities; and
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the rates and charges set forth in Exhibit A are hereby fixed and established for the Parks and Recreation programs and facilities and shall be effective January 22, 2025, unless otherwise noted in Exhibit A.

BE IT FURTHER RESOLVED that Resolution No. 71,356 N.S.; and all amendatory resolutions are hereby rescinded effective January 21, 2025.

Exhibit A: Fee Schedule

Changes to Selected Recreation Facilities and Camp Program Fees PUBLIC HEARING January 21, 2025

15 Exhibit A:

Recreation Fee Schedule
Effective January 22, 2025 (unless otherwise noted below) Program Area Unit of Measure Resident Non-Resident
II. DIRECTOR’S AUTHORITY TO IMPLEMENT NEW FEES
The Director of Parks Recreation and Waterfront, or his/her designee, reserves the right to establish fees for new Recreation programs based on comparison with other municipalities.

New Programs Various Up to $350.00 Up to $420.00
III. FACILITY RENTAL CHARGES

1. Room Rentals: Regular Hours (1-Hour Minimum); Non-Regular Hours (2-Hour Minimum) James Kenney (JK), Live Oak (LO), Frances Albrier (FA), Martin Luther King (MLK) A. Youth, Senior, Disabled
Regular Hours Hour $41.00 $49.00
Non-Regular Hours Hour $61.00 $73.00
B. All Other
Auditorium (FA), Social Hall (LO)
Regular Hours Hour $67.00 $80.00
Non-Regular Hours Hour $82.00 $98.00
Fireside Room (LO), Community Room (JK, YAP)
Regular Hours Hour $52.00 $62.00
Non-Regular Hours Hour $67.00 $80.00
Game Room (MLK), Arts & Crafts Room (FA, JK, LO,
YAP) Meeting Room (JK, LO, MLK, FA)
Regular Hours Hour $46.00 $55.00
Non-Regular Hours Hour $62.00 $74.00
C. Multi Room Discount
2nd room Rental 25% discount 25% discount
3rd room, each additional room Rental 50% discount 50% discount D. Gym Rentals (JK, MLK)
Regular Hours Hour $64.00 $77.00

Changes to Selected Recreation Facilities and Camp Program Fees PUBLIC HEARING January 21, 2025

16 Program Area Unit of Measure Resident Non-Resident
Non-Regular Hours Hour $75.00 $90.00
E. Filming Fee
Parks and Facilities ½ Day $400.00 $400.00
Full Day $800.00 $800.00
F. Surcharges
Table & Chair Set-Up Rental $63.00 $76.00
Kitchen Use Rental $86.00 $103.00
Small Storage Room Month $21.00 $25.00
Large Storage Room Month $31.00 $37.00
Stage Use w/Room Rental Hour $26.00 $31.00
P/A system & staff operation Hour $42.00 $50.00
Cleaning/Damage Deposit All Rentals (Refundable) Rental $200.00 $200.00

2. City Athletic Fields
A. Cedar Rose, Codornices, Glendale-La Loma, Grove,
James Kenney, Ohlone, Rosa Parks, San Pablo,
Thousand Oaks, Willard
Youth non-profit leagues 2-Hours $36.00 $43.00
Adults, for-profits, private schools 2-Hours $72.00 $86.00 Maintenance Deposit 40% of Fee 40% of Fee
B. Gabe's Fields at Harrison Park, Natural Turf
Youth non-profit leagues 2-Hours $36.00 $43.00
Adults, for-profits, private schools 2-Hours $83.00 $100.00 Youth, for-profits, private schools, with lights 2-Hours $66.00 $80.00 Adults, for-profits, private schools, with lights 2-Hours $113.00 $136.00 C. Gilman Fields, Natural Turf
Youth non-profit leagues, no lights 2-Hours $36.00 $43.00 Adults, for-profits, private schools, no lights 2-Hours $83.00 $100.00 Youth non-profit leagues, with lights 2-Hours $66.00 $80.00 Adults, for-profits, private schools, with lights 2- Hours $113.00 $136.00 D. Gilman Fields, Synthetic Turf

Changes to Selected Recreation Facilities and Camp Program Fees PUBLIC HEARING January 21, 2025

17 Program Area Unit of Measure Resident Non-Resident
Youth non-profit leagues, no lights 2-Hours $50.00 $60.00 Adults, for-profits, private schools, no lights 2-Hours $104.50 $125.50 Youth non-profit leagues, with lights 2-Hours $80.00 $96.00 Adults, for-profits, private schools, with lights 2- Hours $134.50 $161.50 E. Sports Field User Fines (Policy Violations:

Applicable to All Athletic Fields)
Playing on Closed Grass Fields 1st Offense $250.00 $250.00 2nd Offense $500.00 $500.00
Running practices in main goal areas 1st Offense within 12 mo $50.00 $50.00
2nd Offense within 12
mo $100.00 $100.00
3rd Offense within 12
mo $200.00 $200.00
Dogs, Alcohol, Trash, Wheeled vehicles Incident $100.00 $100.00 Field Monitor Hourly $25.00 $25.00
F. Additional Rules (Applicable to All Athletic Fields) Weekday slots used before 3:30pm throughout the year are discounted 50% Weekday slots 5:30pm-7:00pm are charged as full two-hour slot All other slots are pro-rated in 30-minute increments

3. Skate Park Rental
Rental (includes 2 staff members) Hour $250.00 $300.00
Birthday Party Rental (includes 2 staff members &
lesson) Hour $350.00 $420.00
Cleaning/Damage Deposit (refundable) Rental $200.00 $200.00

4. Tennis Courts
A. Day Use (All Courts): Cedar Rose, Grove, James
Kenney, Live Oak, Rose Garden, Roy Oakes, San
Pablo, Strawberry Creek, Willard
Adult Hour $7.00 $8.00
Youth, Senior, Disabled Hour $5.00 $6.00

Changes to Selected Recreation Facilities and Camp Program Fees PUBLIC HEARING January 21, 2025

18 Program Area Unit of Measure Resident Non-Resident
B. Night Use/Lighted Courts: Cedar Rose, Grove,
James Kenney, Live Oak, San Pablo, Strawberry
Creek, Willard
Adult Hour $10.00 $12.00
Youth, Senior, Disabled Hour $8.00 $10.00

5. Swim Centers (1-hour minimum)
King Pool, West Campus Pool
1-35 people Hour $100.00 $120.00
36-70 people Hour $145.00 $174.00
71-100 people Hour $177.00 $212.00
101-150 people Hour $217.00 $260.00
Cleaning/Damage Deposit (refundable) Rental $200.00 $200.00

6. Picnic Areas (4-hour minimum)
Aquatic Park Area 1 4-hours $50.00 $60.00
Aquatic Park Area 2 4-hours $54.00 $65.00
Cedar Rose Area 1 4-hours $36.00 $43.00
Cedar Rose Area 2 4-hours $36.00 $43.00
Cedar Rose Area 3 4-hours $36.00 $43.00
Cesar Chavez Area 1 4-hours $50.00 $50.00
Cesar Chavez Area 2 4-hours $220.00 $220.00
Cesar Chavez: Area 3 4-hours $70.00 $70.00
Codornices Park Area 1 4-hours $83.00 $100.00
Codornices Park Area 2 4-hours $66.00 $79.00
Codornices Park Area 3 4-hours $50.00 $60.00
Codornices Park Area 4 4-hours $50.00 $60.00
Cragmont Area 1 4-hours $50.00 $60.00
Cragmont Area 2 4-hours $50.00 $60.00
Cragmont Area 3 4-hours $50.00 $60.00
Glendale La Loma Area 1 4-hours $40.00 $48.00
Grove Area 1 4-hours $50.00 $60.00
James Kenney Area 1 4-hours $50.00 $60.00

Changes to Selected Recreation Facilities and Camp Program Fees PUBLIC HEARING January 21, 2025

19 Program Area Unit of Measure Resident Non-Resident
James Kenney Area 2 4-hours $50.00 $60.00
John Hinkel Area 1 4-hours $40.00 $48.00
John Hinkel Area 2 4-hours $50.00 $60.00
King School Area 1 4-hours $33.00 $40.00
Live Oak Park Areas 1 4-hours $66.00 $79.00
Live Oak Park Areas 2 4-hours $66.00 $79.00
Ohlone Park @ McGee Area 1 4-hours $50.00 $60.00
San Pablo Park Area 1 4-hours $33.00 $40.00
San Pablo Park Area 2 4-hours $33.00 $40.00
San Pablo Park Area 3 4-hours $33.00 $40.00
San Pablo Park Area 4 4-hours $33.00 $40.00
San Pablo Park Area 5 4-hours $33.00 $40.00
Strawberry Creek Area 1 4-hours $50.00 $60.00
Strawberry Creek Area 2 4-hours $33.00 $40.00
Shorebird Park Area 1 4-hours $75.00 $75.00
Shorebird Park Area 2 4-hours $75.00 $75.00
Shorebird Park Area 3 4-hours $45.00 $45.00
Shorebird Park Area 4 4-hours $75.00 $75.00
Bounce House Permit Per Use $30.00 $36.00

7. Parks & Open Space (not athletic fields)
A. Special Events
1-99 Participants Day $180.00 $350.00
100-249 Participants Day $270.00 $500.00
250-499 Participants Day $350.00 $700.00
500+ Participants Day $550.00 $1,000.00
Cleaning/Damage Deposit (refundable) Day $700.00 $700.00 B. Special Events – Additional Days
1-99 Participants Day $170.00 $340.00
100-249 Participants Day $230.00 $460.00
250-499 Participants Day $250.00 $600.00
500+ Participants Day $450.00 $900.00

Changes to Selected Recreation Facilities and Camp Program Fees PUBLIC HEARING January 21, 2025

20 Program Area Unit of Measure Resident Non-Resident
C. John Hinkel Amphitheater
Rental 4-hours $200.00 $240.00
Each Additional Hour (after 4 hours) Hour $75.00 $90.00 Cleaning/Damage Deposit (refundable) Rental $500.00 $500.00 Add-on: Picnic Area 2 - Lower Level 4-hours $15.00 $20.00 Multi-Day Discount – Applies to reservations that are
greater than 3-days (Applies to Amphitheater only) 4-hours 20% discount 20% discount D. Camp Day Use Fee
1-50 Participants Day $50.00 $50.00
51-100 Participants Day $100.00 $100.00
101-150 Participants Day $150.00 $150.00
E. Small Turf Areas in Parks (Ages 8 yrs & under;
Mon-Fri only; Max 3 days per week)
Aquatic Park, James Kenney Park, Live Oak Park, Ohlone
Park 2-Hours $25.00 $30.00

8. Weddings & Events (4-hour minimum)
A. Rose Garden
Rental 4-Hours $1,000.00 $1,200.00
Each Additional Hour (after 4 hours) Hour $170.00 $204.00 Cleaning/Damage Deposit (refundable) Rental $700.00 $700.00 B. Cragmont, Live Oak Park
Rental 4-Hours $450.00 $540.00
Each Additional Hour (after 4 hours) Hour $75.00 $90.00 Cleaning/Damage Deposit (refundable) Rental $350.00 $350.00 C. John Hinkel (Outside Areas)
Rental Hour $450.00 $540.00
Each Additional Hour (after 4 hours) Hour $75.00 $90.00 Cleaning/Damage Deposit (refundable) Rental $350.00 $350.00 Add-on: Picnic Area 2 - Lower Level 4-hours $15.00 $20.00

Changes to Selected Recreation Facilities and Camp Program Fees PUBLIC HEARING January 21, 2025

21 Program Area Unit of Measure Resident Non-Resident
Multi-Day Discount – Applies to reservations that are
greater than 3-days (Applies to the Full Permit) 4-hours 20% discount 20% discount D. Spinnaker Way Vista
Rental 4-Hours $750.00 $750.00
Each Additional Hour (after 4 hours) Hour $170.00 $170.00 Cleaning/Damage Deposit (refundable) Rental $700.00 $700.00 E. Yacht Club Point
Rental 4-Hours $750.00 $750.00
Each Additional Hour (after 4 hours) Hour $170.00 $170.00 Cleaning/Damage Deposit (refundable) Rental $700.00 $700.00

9. Mini-Amphitheater/Outdoor Classroom (4-hour
minimum)
Codornices Park #A1 (Next to Picnic Site #2) 4-hours $40.00 $48.00 Live Oak Park #A1 4-hours $50.00 $60.00
Shorebird Park #A1 (Near Nature Center Playground) 4-hours $50.00 $50.00 IV. SWIM CENTER FEES

1. Admissions
Public & Family Swim, Laps
Adult (Drop-in) Swim $6.00 $6.00
Adult (10-Swim Card) 10-Swims $51.00 $51.00
Adult (Monthly) Month $73.00 $73.00
Youth, Senior, Disabled (Drop-In) Swim $3.00 $3.00
Youth Senior Disabled (10-Swim Card) 10-Swims $22.00 $22.00 Youth Senior Disabled (Monthly Card) Month $37.00 $37.00

2. Red Cross Swim Sessions
A. Group Lessons
Adult Session $75.00 $90.00
Youth, Senior, Disabled Session $72.00 $84.00
B. Organized Youth Groups (Residents Only)
10-15 participants Session $65.00
16-21 participants Session $62.00

Changes to Selected Recreation Facilities and Camp Program Fees PUBLIC HEARING January 21, 2025

22 Program Area Unit of Measure Resident Non-Resident
22-32 participants Session $54.00
33-43 participants Session $48.00
44-54 participants Session $39.00
55+ participants Session $37.00

3. Premium Classes
Continuous & Coached Workouts: water aerobics,
parent/tot, stroke technique, Master Swim
Adult (Drop-in) Swim $7.00 $7.00
Adult (10-Swim Card 10-Swims $66.00 $66.00
Adult (Monthly) Month $82.00 $82.00
Youth, Senior, Disabled (Drop-In) Swim $5.00 $5.00
Youth Senior Disabled (10-Swim Card) 10-Swims $40.00 $40.00 Youth Senior Disabled (Monthly Card) Session $57.00 $57.00

4. Private Swim Lessons
(1/2 hour session)
Individual (One-on-One) Lesson $30.00 $36.00
Semi-Private Lesson (2 or more Participants) Lesson $50.00 $60.00 V. RECREATION PROGRAMS

1. Sports
A. Adult Softball League
4 Game Season Team $320.00 $384.00
8 Game Season Team $640.00 $715.00
10 Game Season Team $800.00 $875.00
B. Adult Basketball League
8 Game Season Team $560.00 $635.00
10 Game Season Team $700.00 $775.00
C. Adult Volleyball League
8 Game Season Team $320.00 $384.00
10 Game Season Team $400.00 $475.00
12 Game Season Team $480.00 $555.00

Changes to Selected Recreation Facilities and Camp Program Fees PUBLIC HEARING January 21, 2025

23 Program Area Unit of Measure Resident Non-Resident
15 Game Season Team $600.00 $675.00
D. Open Gym Volleyball
Drop-In Drop-In $5.00 $5.00
E. Youth Baseball
Individual Session $51.00 $61.00
F. Youth Hoops League
Individual Session $30.00 $36.00
G. Youth Twilight Basketball
Individual Session $27.00 $32.00
H. Youth Flag Football League
Individual Session $30.00 $36.00
I. Tennis Lessons
Youth Session $73.00 $88.00
Adult Session $107.00 $128.00
J. Skate Park Lessons & Classes
Full Day Session $258.00 $310.00
1/2 Day Camp Session $195.00 $234.00
Park Introduction Session $11.00 $13.00
Trick Clinic Session $11.00 $13.00
Private Lessons Hour $43.00 $52.00
Group Lessons Session $108.00 $130.00

2. Programs at Centers
A. After School Program
(Frances Albrier, James Kenney)
Individual Week $25.00 $30.00
B. Community Center Camp Programs
(Winter, Spring, Summer)
Core 30 hours $101.00 $121.00
AM Extended Care 5 hours $10.00 $12.00
PM Extended Care 15 hours $30.00 $36.00

Changes to Selected Recreation Facilities and Camp Program Fees PUBLIC HEARING January 21, 2025

24 Program Area Unit of Measure Resident Non-Resident

3. Waterfront Programs
A. Adventure Playground
Individual Admission (anyone over 1 year old) Day $1.00 $1.00 Group size 5-10 2-hours $75.00 $75.00
Group size 11-20 2-hours $105.00 $105.00
Group size 21-30 2-hours $150.00 $150.00
Group size 31-40 2-hours $180.00 $180.00
B. Education Programs
Animal Session $200.00 $200.00
Low Tide Session $200.00 $200.00
Research Boat Trip Session $225.00 $225.00
Sail Boat Trip Session $255.00 $255.00
Docent Training Session $65.00 $65.00
Special Program Request Hour $65.00 $65.00
Marine Biology 4-Day $75.00 $75.00
Marine Biology 8-Day $150.00 $150.00
Boating 4-Day $150.00 $150.00
Canoeing 3-Day $55.00 $55.00
Program Area Unit of
Measure
Resident
(as of 1/22/2025)
Resident
(as of 1/1/2026)
Resident
(as of 1/1/2027)
Non-
Resident
(as of 1/22/2025)
Non-
Resident
(as of 1/1/2026)
Non-
Resident
(as of 1/1/2027)
VI. Camp Programs

5. Berkeley Day Camp
Youth Core Program 5-Day $282.00 $296.00 $311.00 $339.00 $356.00 $374.00 AM Extended Care 5-Day $60.00 $63.00 $66.00 $71.00 $75.00 $79.00 PM Extended Care 5-Day $92.00 $97.00 $102.00 $111.00 $117.00 $123.00 Counselor-In-Training 10-Day $228.00 $239.00 $251.00 $273.00 $287.00 $301.00 Cancelled Reservation Session 25% of reservation not to exceed $150.00

6. Echo Lake Camp

Changes to Selected Recreation Facilities and Camp Program Fees PUBLIC HEARING January 21, 2025

25 Program Area Unit of
Measure
Resident
(as of 1/22/2025)
Resident
(as of 1/1/2026)
Resident
(as of 1/1/2027)
Non-
Resident
(as of 1/22/2025)
Non-
Resident
(as of 1/1/2026)
Non-
Resident
(as of 1/1/2027)
A. 50 & Better Camp
50 & Better Camp Tent (up to 2
campers) 5-Day $818.00 $981.00
50 & Better Camp Tent (up to 2
campers) 4-Day $650.00 $780.00
50 & Better Camp Tent (up to 2
campers) Weekend $515.00 $618.00
50 & Better Camp Additional
Camper 1-Day $55.00 $66.00
B. Counselor-In-Training
Counselor-In-Training 2-Week $470.00 $494.00 $519.00 $565.00 $593.00 $623.00 Counselor-In-Training 1-Week $323.00 $339.00 $356.00 $389.00 $408.00 $428.00 C. Family Camp Sessions
Full-Week Standard Tent (up to 3
campers) 7-Day $1,843.00 $2,212.00
Full-Week Low-Occupancy Tent 7-Day $1,595.00 $1,914.00 Nightly Rate: Mon, Tues, or Wed 1-Night $450.00 $540.00 Weekend Standard Tent (up to 3
campers) 4-Day $1,397.00 $1,676.00
Weekend Low-Occupancy Tent 4-Day $1,226.00 $1,471.00
Mid-Week Standard Tent (up to 3
campers) 4-Day $1,210.00 $1,452.00
Mid-Week Low-Occupancy Tent 4-Day $1,062.00 $1,274.00
Additional Camper Fee (1-Day) 1-Day $90.00 $108.00
Additional Camper Session-Based
Daily Rate 1-Day $80.00 $96.00
D. Day Use Fees
Adult (15+) Day Use 1-Day $108.00 $129.60
Youth (7-14) Day Use 1-Day $72.00 $86.40

Changes to Selected Recreation Facilities and Camp Program Fees PUBLIC HEARING January 21, 2025

26 Program Area Unit of
Measure
Resident
(as of 1/22/2025)
Resident
(as of 1/1/2026)
Resident
(as of 1/1/2027)
Non-
Resident
(as of 1/22/2025)
Non-
Resident
(as of 1/1/2026)
Non-
Resident
(as of 1/1/2027)
Child (3-6) Day Use 1-Day $54.00 $64.80
E. Group Rental Rates
Adult (15+) 1-Day $85.00 $102.00
Youth (7-14) 1-Day $71.50 $85.80
Child (3-6) 1-Day $52.80 $63.36
Infant (0-3) 1-Day $0.00 $0.00
Cleaning / Damage Deposit Rental $2,000.00 $2,000.00
F. New Camper Welcome
Weekend Weekend $195.00 $234.00
G. School Outdoor Education
Teachers & Adult Chaperones 1-Day $60.00 $72.00
Youth Participants 1-Day $45.00 $54.00
H. Work Weekend Weekend $0.00 $0.00
I. Youth Camp
5-Day Program 5-Days $706.00 $741.00 $778.00 $846.00 $888.00 $932.00 6-Day Program 6-Days $846.00 $888.00 $932.00 $1,015.00 $1,066.00 $1,119.00 7-Day Program 7-Days $988.00 $1,037.00 $1,089.00 $1,185.00 $1,244.00 $1,306.00 Per Day Fee 1-Day $141.00 $148.00 $155.00 $169.00 $177.00 $186.00 J. Wedding Rental
Wedding Rental 4-Hours $750.00 $900.00
Wedding Rental - Each Additional
Hour (after 4 hours) Hour $125.00 $150.00
Cleaning / Damage Deposit Rental $2,000.00 $2,000.00
K. Backpacking Program
Beginning Backpacking 6-Day $1,214.00 $1,275.00 $1,339.00 $1,456.00 $1,529.00 $1,605.00 Advanced Backpacking 6-Day $1,600.00 $1,680.00 $1,764.00 $1,920.00 $2,016.00 $2,117.00

7. Tuolumne Camp
A. 50 & Better Camp

Changes to Selected Recreation Facilities and Camp Program Fees PUBLIC HEARING January 21, 2025

27 Program Area Unit of
Measure
Resident
(as of 1/22/2025)
Resident
(as of 1/1/2026)
Resident
(as of 1/1/2027)
Non-
Resident
(as of 1/22/2025)
Non-
Resident
(as of 1/1/2026)
Non-
Resident
(as of 1/1/2027)
50 & Better Camp Tent (up to 2
campers) 5-Day $1,008.00 $1,210.00
50 & Better Camp Tent (up to 2
campers) 4-Day $806.00 $967.00
50 & Better Camp Tent (up to 2
campers) Weekend $605.00 $726.00
50 & Better Camp Additional
Camper per day 1-Day $60.00 $72.00
B. Leaders-In-Training (LIT) 4-Day $941.00 $1,129.00
C. Counselor-In-Training (CIT)
Counselor-In-Training 2-Week $488.00 $512.00 $538.00 $586.00 $615.00 $646.00 Counselor-In-Training 1-Week $323.00 $339.00 $356.00 $389.00 $408.00 $428.00 D. Family Camp
Full-Week Standard Tent (up to 3
campers) 1-Week $2,195.00 $2,633.00
Full-Week Low-Occupancy Tent 1-Week $1,887.00 $2,264.00 Weekend Standard Tent (up to 3
campers) 4-Day $1,664.00 $1,997.00
Weekend Low-Occupancy Tent 4-Day $1,459.00 $1,751.00
Mid-Week Standard Tent (up to 3
campers) 4-Day $1,430.00 $1,716.00
Mid-Week Low Occupancy Tent 4-Day $1,210.00 $1,452.00
Nightly Rate: Mon, Tues, or Wed 1-Day $525.00 $630.00
E. Family Camp Day Use Fees
Adult (15+) Day Use 1-Day $135.00 $162.00
Youth (7-14) Day Use 1-Day $90.00 $108.00
Child (3-6) Day Use 1-Day $68.00 $81.60
Additional Camper Fee (1-Day) 1-Day $100.00 $120.00

Changes to Selected Recreation Facilities and Camp Program Fees PUBLIC HEARING January 21, 2025

28 Program Area Unit of
Measure
Resident
(as of 1/22/2025)
Resident
(as of 1/1/2026)
Resident
(as of 1/1/2027)
Non-
Resident
(as of 1/22/2025)
Non-
Resident
(as of 1/1/2026)
Non-
Resident
(as of 1/1/2027)
Additional Camper Session-Based
Daily Rate 1-Day $90.00 $108.00
F. Group Rental Rates
Adult (15+) 1-Day $110.00 $132.00
Youth (7-14) 1-Day $93.00 $111.60
Child (3-6) 1-Day $78.00 $93.60
Infant (0-3) 1-Day $0.00 $0.00
Cleaning / Damage Deposit Rental $2,000.00 $2,000.00
G. New Camper Welcome
Weekend Weekend $195.00 $234.00
H. School Outdoor Education
Adult Chaperones 1-Day $75.00 $90.00
Youth Participants 1-Day $56.00 $67.20
I. Work Weekend Weekend $0.00 $0.00
J. Youth Camp
5-Day Program 5-Day $840.00 $1,008.00
6-Day Program 6-Day $1,008.00 $1,210.00
7-Day Program 7-Day $1,176.00 $1,411.00
Per Day Fee 1-Day $168.00 $202.00
K. Wedding Rental
Wedding Rental 4-Hour $1,000.00 $1,200.00
Wedding Rental - Each Additional
Hour (after 4 hours) Hour $150.00 $180.00
Cleaning / Damage Deposit Rental $2,000.00 $2,000.00

8. Resident Camp Surcharges
Family Camp Reservation
Cancellation
Reservation 30 days or more before arrival: $500 per reservation.

Less than 30 days before arrival: no refunds
Late Fee Reservation $75.00 per reservation if balance is not paid by dates specified

Changes to Selected Recreation Facilities and Camp Program Fees PUBLIC HEARING January 21, 2025

29 Program Area Unit of
Measure
Resident
(as of 1/22/2025)
Resident
(as of 1/1/2026)
Resident
(as of 1/1/2027)
Non-
Resident
(as of 1/22/2025)
Non-
Resident
(as of 1/1/2026)
Non-
Resident
(as of 1/1/2027)
Changes to Reservation resulting
in reduction in length of stay (30
days or more before arrival)
Reservation $100.00
Non-Family Camp Reservation
Cancellation (30 days or more
before arrival)
Reservation 25% of reservation, not to exceed $150
Cancel Reservation (due to
emergency or illness, with Doctor’s
Letter)
Reservation No Charge

Changes to Selected Recreation Facilities and Camp Program Fees PUBLIC HEARING January 21, 2025
ATTACHMENT 4

NOTICE OF PUBLIC HEARING

NOTICE OF PUBLIC HEARING

BERKELEY CITY COUNCIL
Recreation Division Fee Increases
Notice is hereby given by the City Council of the City of Berkeley that a public hearing will be conducted by said city council of the City of Berkeley at which time and place all persons may attend and be heard upon the following:

The Department of Parks, Recreation & Waterfront is proposing to increase selected fees and policies, as contained in the attached Recreation Fee and Policy Schedule and excerpted below:

Program Area Unit of
Measure
Resident
(Current) Resident
(Proposed)
Non-
Resident
(Current)
Non-
Resident
(Proposed)

9. Picnic Areas (4-Hour Minimum)
Cedar Rose Area 1 4-hours 30.00 $36.00 $40.00 $43.00
Cedar Rose Area 3 4-hours - $36.00 - $43.00
Cesar Chavez Area 3 4-hours - $70.00 - $70.00
Codornices Park Area 3 4-hours - $50.00 - $60.00
Cragmont Area 2 4-hours - $50.00 - $60.00
Cragmont Area 3 4-hours - $50.00 - $60.00
Grove Area 1 4-hours $33.00 $50.00 $40.00 $60.00
John Hinkel Area 2 4-hours - $50.00 - $60.00
San Pablo Park Area 4 4-hours - $33.00 - $40.00

Changes to Selected Recreation Facilities and Camp Program Fees PUBLIC HEARING January 21, 2025
Program Area Unit of
Measure
Resident
(Current) Resident
(Proposed)
Non-
Resident
(Current)
Non-
Resident
(Proposed)
San Pablo Park Area 5 4-hours - $33.00 - $40.00
Strawberry Creek Area 1 4-hours $33.00 $50.00 $40.00 $60.00 Strawberry Creek Area 2 4-hours - $33.00 - $40.00
Shorebird Park Area 4 4-hours - $75.00 - $75.00

10.Parks & Open Space (Not Athletic Fields)
D. John Hinkel Amphitheater
Add-on: Picnic Area 2 - Lower Level 4-hours - $15.00 - $20.00 Multi-Day Discount – Applies to reservations that are
greater than 3 days (Applies to Amphitheater only) 4-hours - 20% discount - 20%
discount

11.Weddings & Events (4-Hour Minimum)
A. Rose Garden
Cleaning/Damage Deposit (Refundable) Rental - $700.00 - $700.00 D. John Hinkel (Outside Areas)
Cleaning/Damage Deposit - $350.00 - $350.00
Add-on: Picnic Area 2 - Lower Level 4-hours - $15.00 - $20.00 Program Area Unit of
Measure
Resident
(Current)
Resident
(as of
1/22/2025)
(Proposed)
Resident
(as of
1/1/2026)
(Proposed)
Resident
(as of
1/1/2027)
(Proposed)
Non-
Resident
(Current)
Non-
Resident
(as of
1/22/2025)
(Proposed)
Non-
Resident
(as of
1/1/2026)
(Proposed)
Non-
Resident
(as of
1/1/2027)
(Proposed)
VII. Camp Programs

9. Berkeley Day Camp

Changes to Selected Recreation Facilities and Camp Program Fees PUBLIC HEARING January 21, 2025
Program Area Unit of
Measure
Resident
(Current)
Resident
(as of
1/22/2025)
(Proposed)
Resident
(as of
1/1/2026)
(Proposed)
Resident
(as of
1/1/2027)
(Proposed)
Non-
Resident
(Current)
Non-
Resident
(as of
1/22/2025)
(Proposed)
Non-
Resident
(as of
1/1/2026)
(Proposed)
Non-
Resident
(as of
1/1/2027)
(Proposed)
Youth Core Program 5-Day $269.00 $282.00 $296.00 $311.00 $323.00 $339.00 $356.00 $374.00 AM Extended Care 5-Day $57.00 $60.00 $63.00 $66.00 $68.00 $71.00 $75.00 $79.00 PM Extended Care 5-Day $88.00 $92.00 $97.00 $102.00 $106.00 $111.00 $117.00 $123.00 Counselor-In-Training 10-Day $217.00 $228.00 $239.00 $251.00 $260.00 $273.00 $287.00 $301.00

10. Echo Lake Camp
D. Counselor-In-Training
Counselor-In-Training 2-Week $448.00 $470.00 $494.00 $519.00 $538.00 $565.00 $593.00 $623.00 Counselor-In-Training 1-Week $308.00 $323.00 $339.00 $356.00 $370.00 $389.00 $408.00 $428.00 J. Youth Camp
5-Day Program 5-Day $672.00 $706.00 $741.00 $778.00 $806.00 $846.00 $888.00 $932.00 6-Day Program 6-Day $806.00 $846.00 $888.00 $932.00 $967.00 $1,015.00 $1,066.00 $1,119.00 7-Day Program 7-Day $941.00 $988.00 $1,037.00 $1,089.00 $1,129.00 $1,185.00 $1,244.00 $1,306.00 Per Day Fee 1-Day $134.00 $141.00 $148.00 $155.00 $161.00 $169.00 $177.00 $186.00 L. Backpacking Program
Beginning Backpacking 6-Day - $1,214.00 $1,275.00 $1,339.00 - $1,456.00 $1,529.00 $1,605.00 Advanced Backpacking 6-Day - $1,600.00 $1,680.00 $1,764.00 - $1,920.00 $2,016.00 $2,117.00

11. Tuolumne Camp
E. Counselor-In-Training
Counselor-In-Training 2-Week $465.00 $488.00 $512.00 $538.00 $558.00 $586.00 $615.00 $646.00 Counselor-In-Training 1-Week $308.00 $323.00 $339.00 $356.00 $370.00 $389.00 $408.00 $428.00

Changes to Selected Recreation Facilities and Camp Program Fees PUBLIC HEARING January 21, 2025
Program Area Unit of
Measure
Resident
(Current)
Resident
(as of
1/22/2025)
(Proposed)
Resident
(as of
1/1/2026)
(Proposed)
Resident
(as of
1/1/2027)
(Proposed)
Non-
Resident
(Current)
Non-
Resident
(as of
1/22/2025)
(Proposed)
Non-
Resident
(as of
1/1/2026)
(Proposed)
Non-
Resident
(as of
1/1/2027)
(Proposed)

12. Resident Camp
Surcharges
Family Camp Reservation
Cancellation
Reservati
on
30 days or more before arrival: $500 per reservation.

Less than 30 days before arrival: no refunds
Non-Family Camp Reservation
Cancellation (30 days or more
before arrival)
Reservati
on 25% of reservation, not to exceed $150
The hearing will be held on January 21, 2025, at 6:00 p.m. in the School District Board Room, 1231 Addison Street.

For further information, please contact Scott Ferris at 510-981-6711.

A copy of the agenda material for this hearing will be available on the City’s website at www.CityofBerkeley.info as of January 9, 2025.

Written comments should be mailed or delivered directly to the City Clerk, 2180 Milvia Street, Berkeley, CA 94704, in order to ensure delivery to all Councilmembers and inclusion in the agenda packet.

Communications to the Berkeley 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 or in person to the City Clerk. 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 at 981-6900 or [email protected] for further information.

If you challenge the above in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Berkeley at, or prior to, the public hearing.

Changes to Selected Recreation Facilities and Camp Program Fees PUBLIC HEARING January 21, 2025
Background information concerning this proposal will be available at the City Clerk Department and posted on the City of Berkeley webpage at least 12 days prior to the public hearing.

Published: January 10 and January 17, 2025 – The Berkeley Voice Published pursuant to Government Code 6062a
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the Notice for this Public Hearing 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 January 9, 2025.

Mark Numainville, 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/

PUBLIC HEARING
January 21, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Jordan Klein, Director, Planning & Development Department Subject: ZAB Appeal: 2708 Prince Street, Use Permit ZP2024-0024

RECOMMENDATION
Conduct a public hearing, and upon conclusion, adopt a Resolution affirming the Zoning Adjustments Board (ZAB) decision to approve Use Permit ZP2024-0024 to demolish a single-family home and accessory building (garage), and construct a 2-story (24 feet in height) 3,118 square-foot duplex, and dismiss the appeal.

SUMMARY
On September 12, 2024, ZAB approved the Use Permit for 2708 Prince Street allowing construction of a duplex. The ZAB approval was appealed to the City Council by an attorney representing an adjacent neighbor on October 1, 2024. The appellant has identified issues with the proposed west elevation and is requesting design modifications.

FISCAL IMPACTS OF RECOMMENDATION
None.

CURRENT SITUATION AND ITS EFFECTS
On February 16, 2024, Jeff Svitak submitted a Use Permit application (ZP2024-0024) to demolish the single-family home and garage, and construct a new duplex, at 2708 Prince Street.

In May 2024, Robert Riemer, an adjacent neighbor at 3025 College Avenue, contacted staff to learn more about the project and understand the development standards.

On September 12, 2024, ZAB conducted a public hearing for the Use Permit. After hearing public comments and holding a discussion, ZAB approved the Use Permit by a vote of 5-0-0-3 (Yes: Duffy, Gaffney, Sanderson, Thompson, Yung; No: None; Abstain:

None; Absent: Jersey, Kahn, O’Keefe).

On September 17, 2024, the ZAB Notice of Decision was issued, starting the 14-day appeal period.

ZAB Appeal: 2708 Prince Street PUBLIC HEARING
Use Permit #ZP2024-0024 January 21, 2025

On October 1, 2024, Rena Rickles filed an appeal of the ZAB decision on behalf of Robert Riemer and Sheila Moran of 3025 College Avenue.

On or before January 7, 2025, staff posted the public hearing notice at the site and three nearby locations, and mailed notices to property owners and occupants within 300 feet of the project site, and to all registered neighborhood groups that cover this area.

The City Council must conduct a public hearing to resolve the appeal.

BACKGROUND
The subject site is located on the south side of Prince Street, between College Avenue and Claremont Avenue in the R-2A Restricted Multiple-Family Residential District.

Multiple-family dwellings are a principally permitted use with a Use Permit. The neighborhood primarily consists of one- and two-story residential properties, which include single-family dwellings, duplexes, and multi-family dwellings.

The 4,312-square-foot lot is rectangular-shaped and oriented north to south, with frontage on Prince Street. The west side lot line abuts the rear lot lines of 2700 Prince Street, 3025 College Avenue, and 3037 College Avenue. The project site is relatively flat and is developed with a one-story residential building and a garage. An easement is located along the east side of the property and provides shared 8-foot wide vehicular access to the site and the adjacent flag lot at 2710 Prince Street. There is a 5-foot easement on the subject site and a 3-foot easement on the flag lot 2710 Prince Street.

The proposed project would demolish the one-story single-family dwelling and garage, and construct a two-story duplex. Each new dwelling unit would have three bedrooms and be approximately 1,500 square feet in area. Since the lot is less than 40-feet wide, the required side yard setback is 10 percent of the lot width, or 3.45 feet. The proposed right or west side setback is 3.5 feet, and the proposed left or east side setback is 5 feet because of the access easement along the east side of the property.

Approximately 400 square feet of shared useable open space would be located in the front setback, and each dwelling would have 145 square feet of private useable open space with a patio. Additional landscaping areas would be located at the ground level between the walls of the living area and would be open to the sky. The landscaping spaces do not meet the minimum dimensions for useable open space and are excluded from useable open space requirements.

An Accessory Dwelling Unit (ADU) is shown for reference only in the plans, and is not part of the proposed project because it is subject to ministerial review and approval under local and State laws. An application for an ADU would be required to meet the applicable objective standards in place at the time of building permit approval.

ZAB Appeal: 2708 Prince Street PUBLIC HEARING
Use Permit #ZP2024-0024 January 21, 2025

RATIONALE FOR RECOMMENDATION
The issues raised in the appellant’s letter (Attachment 2) and staff’s responses follow.

For the sake of brevity, the appeal issues are not re-stated in their entirety.

Issue 1: The appellant states that there are inconsistencies between the project design and what was presented by the applicant and supporters at the ZAB hearing (Attachment 2, pages 1-2).

The appellant refers to the west elevation of the proposed project as an “unbroken wall” (Attachment 2, page 1). The appellant states that the Use Permit drawings showed a solid wall with zero light passing through it, which, in the appellant’s view, was confirmed by the shadow study, but that the applicant later provided a drawing that showed light coming through the screening, which was inconsistent with the shadow study. The appellant also states that a neighbor in support of the project (David Trachtenberg) shared drawings that showed breaks between the units and the proposed ADU, but that those drawings were inaccurate.

Response: The statements made by the appellant about the elevations and shadow studies are incorrect. The proposed west wall would not be solid. Wood screens would be in front of the inset landscaped areas at each duplex, and recessed windows and doors would create articulation in the facade. The west elevation has been shown consistently throughout the review process.

On September 11, 2024, the applicant submitted a response letter to ZAB, addressing letters submitted by the appellant. The letter was included in the second round of Supplemental Communications for the September 12, 2024 ZAB meeting. The applicant’s response letter included renderings of a hypothetical project next to the existing buildings on the adjacent lots, and additional renderings of the proposed building next to the existing buildings on the adjacent lots. The renderings of the proposed project submitted on September 11 are consistent with the elevation drawings in the Use Permit plan set.

A neighbor in support of the project, David Trachtenberg, also submitted a letter that was included in the second round of Supplemental Communications for the September 12, 2024 ZAB meeting. The letter included an overhead view of current conditions of 2708 Prince Street and nearby properties, and did not show the proposed project, as the appellant stated.

Issue 2: The appellant states that the Housing Crisis Act of 2019 (Senate Bill 330, or SB 330), and the Housing Accountability Act (HAA, California Government Code Section 65589.5(j)) do not preclude consideration of “detriment” (Attachment 2, page 2).

ZAB Appeal: 2708 Prince Street PUBLIC HEARING
Use Permit #ZP2024-0024 January 21, 2025

During the ZAB meeting, Commissioner Brandon Yung stated that due to State law, ZAB could not use a finding of detriment for shadow impacts as a basis for project denial, and that the required findings under the HAA prevent ZAB from denying the project. The appellant states that they only asked ZAB for modifications to the design, and not to reduce the density of the project.

Response: The purpose of SB 330 is to reduce restrictions on housing development, including limiting the number of hearings on a project. The HAA is another law intended to address housing in California, with a focus on approving projects that meet objective standards. The ZAB staff report (Attachment 4) provides background on SB 330 and the HAA.

A memorandum on the HAA prepared by the Land Use Planning Manager in 2021 explains that reducing/lowering the density of a project would include adding conditions that could impact the ability of the project to provide housing, which could include modifying the square footage, number of bedrooms, and height (Attachment 3, page 3).

The memorandum also states that the Berkeley Municipal Code non-detriment finding (BMC Section 23.406.040(E)) is subjective, and ZAB should not apply subjective findings to housing development projects, which are protected by the HAA.

The proposed project meets the height and setback requirements, which are objective standards. The staff report and findings address the requirements of the municipal code for granting the requested permits, including the non-detriment finding, but the project is still protected by the HAA. ZAB did make a finding of non-detriment when it approved the Use Permit.

Thus, the appellant is incorrect; because the design modifications proposed by the appellant could have the effect of reducing/lowering the density of the project, the ZAB was limited to consideration of objective standards unless the specific findings under the HAA can be made. More details are available in the memo provided as Attachment 3.

Issue 3: The appellant states that consulting with impacted neighbors during the application process is a long-standing requirement, and dropping that requirement would be a “major step backward” (Attachment 2, page 2).

The appellant states that the applicant did not meet with the neighbors at 3025 College Avenue to consider design changes to reduce perceived detriment.

Response: The applicant conducted the required neighborhood outreach per the procedures in the Zoning Project Submittal Requirements. The neighbor at 3025 College Avenue reviewed a copy of the plans and signed in the table on the site plan (see sheet A100.1 of Attachment 1 Exhibit B). Applicants are not obligated to change plans, negotiate, or mediate at the request of neighbors. The project meets the objective

ZAB Appeal: 2708 Prince Street PUBLIC HEARING
Use Permit #ZP2024-0024 January 21, 2025

standards of the R2-A District. Neighbor contact was completed in compliance with the Land Use Planning Division’s written procedures.

Issue 4: The appellant states that because their request to delay the ZAB meeting to a date when they could attend in person was denied, that they were unable to participate in the ZAB meeting (Attachment 2, page 2).

In May 2024, staff communicated to the neighbors at 3025 College that the project could go to ZAB during the summer, tentatively August 8. In July 2024, the neighbors followed up with staff to determine the ZAB date, and staff confirmed the project would be scheduled for ZAB review on September 12. The neighbors requested a continuance since they would be out of the country on September 12. The neighbors said that attending via Zoom would not be a suitable option because of the time difference and internet connectivity issues. Staff encouraged the neighbors to submit a written statement to ZAB if they would be unable to attend the September 12 hearing. The neighbors emphasized that failing to accommodate their schedule request would deny them their “due process.”
In August 2024, staff reiterated that the hearing date was confirmed for September 12; since the project is a housing development project, the ZAB hearing could not be delayed. The neighbors’ attorney (Rena Rickles) stated in an email to staff that the neighbors’ interest in the project was well-known to staff, and they should have been consulted about the hearing date. On September 12, their attorney shared additional communications to staff and ZAB, but communications provided after 12 pm the day of the meeting could not be sent to ZAB before the meeting, and their attorney was unable to attend the meeting in person to bring hard copies of the late communications. During the hearing, the attorney requested a continuance, and commented on the project; since she was commenting as a member of the public she could not share a presentation.

Response: Public hearings for development projects are not scheduled around interested party availability. Communications from the neighbors were attached to the ZAB staff report, and supplemental communications were also shared with ZAB. During the ZAB meeting, the neighbors’ attorney was given time to speak during the public comment period for the subject project.

ALTERNATIVE ACTIONS CONSIDERED
Pursuant to BMC Section 23.410.040(G), the Council may (1) continue the public hearing, (2) reverse, affirm, or modify the ZAB’s decision, or (3) remand the matter to the ZAB.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The project complies with all state and local environmental requirements.

ZAB Appeal: 2708 Prince Street PUBLIC HEARING
Use Permit #ZP2024-0024 January 21, 2025

Action Deadline:

Pursuant to BMC Section 23.410.040(I), if the disposition of the appeal has not been determined within 30 days from the date the public hearing was closed by the Council (not including Council recess), then the decision of the Board shall be deemed affirmed and the appeal shall be deemed denied.

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

1. Resolution
Exhibit A: Findings and Conditions, dated September 12, 2024 Exhibit B: Project Plans, received August 26, 2024

2. Appeal Letter, received October 1, 2024

3. Land Use Planning Manager Memorandum on Housing Accountability Act and Density Bonus, dated August 2, 2021

4. ZAB Staff Report, dated September 12, 2024

5. Index to Administrative Record

6. Administrative Record

7. Public Hearing Notice

Internal
Attachment 1, Resolution
RESOLUTION NO. ##,###-N.S.

AFFIRMING THE ZONING ADJUSTMENTS BOARD APPROVAL OF USE PERMIT ZP2024-0024 TO DEMOLISH AN EXISTING ONE-STORY HOUSE AND ACCESSORY BUILDING (GARAGE), AND CONSTRUCT A NEW TWO-STORY (24-FOOT) 3,118 SQUARE-FOOT DUPLEX, AND DISMISS THE APPEAL.

WHEREAS, on February 16, 2024, Jeff Svitak submitted a Use Permit application to demolish the existing house and garage, and construct a new duplex; and WHEREAS, on September 12, 2024, ZAB conducted a public hearing for the Use Permit. After hearing public comments and holding a discussion, ZAB approved the Use Permit by a vote of 5-0-0-3 (Yes: Duffy, Gaffney, Sanderson, Thompson, Yung; No:

None; Abstain: None; Absent: Jersey, Kahn, O’Keefe); and WHEREAS, on September 17, 2024, staff issued the notice of the ZAB decision, and on October 1, 2024 Rena Rickles filed an appeal of the ZAB decision on behalf of Robert Riemer and Sheila Moran of 3025 College Avenue; and
WHEREAS, on or before January 7, 2025, staff posted the public hearing notice at the site and three nearby locations, and mailed notices to property owners and occupants within 300 feet of the project site, and to all registered neighborhood groups that cover this area; and
WHEREAS, on January 21, 2024, the Council held a public hearing to consider the ZAB’s decision, and in the opinion of this Council, the facts stated in, or ascertainable from the public record, including the staff report and comments made at the public hearing, warrant approving the project.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Berkeley that the City Council hereby adopts the findings made by ZAB in Exhibit A to affirm the decision made by ZAB, to approve Use Permit #ZP2024-0024 adopts the conditions of approval in Exhibit A, adopts the project plans in Exhibit B; and dismisses the appeal.

Exhibits
 Exhibit A: Findings and Conditions, dated September 12, 2024  Exhibit B: Project Plans, received August 26, 2024

A t t a c h m e n t 1, Exhibit A
F i n d i n g s a n d C o n d i t i o n s
SEPTEMBER 12, 2024
1947 Center Street, Berkeley, CA 94704 Tel: 510.981.7410 TDD: 510.981.7474 Fax: 510.981.7420 Email [email protected]
2708 Prince Street
Use Permit #ZP2024-0024 to demolish an existing 13 foot 9-inch-tall one-story 1,052 square-foot house and accessory building (garage), and construct a new 24 foot 4-inch-tall two-story 3,118 square-foot duplex.

ZONING PERMITS REQUIRED
 Use Permit pursuant to Berkeley Municipal Code (BMC) Section 23.326.020(B) to demolish a dwelling unit
 Use Permit pursuant to BMC Section 23.202.020(A) to construct a two-family dwelling I. CEQA FINDINGS
A. The project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA, Public Resources Code §21000, et seq. and California Code of Regulations, §15000, et seq.) pursuant to Section 15303 of the CEQA Guidelines (“New Construction”).

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

II. HOUSING ACCOUNTABILTY ACT FINDINGS
A. The Housing Accountability Act, Government Code Section 65589.5(j) requires that when a proposed housing development complies with applicable, objective general plan and zoning standards, a local agency may not deny the project or approve it with reduced density unless the agency makes written findings supported by substantial evidence that: (1) the development would have a specific adverse impact on public health or safety unless disapproved or approved at a lower density; and (2) there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact, other than the disapproval or approval at a lower density.

B. The project includes construction of two dwelling units. Because the project complies with applicable, objective general plan and zoning standards, §65589.5(j) does apply to this project.

No significant, quantifiable, direct and unavoidable impacts, based on objective, identified written public health or safety standards, polices, or conditions, have been identified.

III. FINDINGS FOR APPROVAL

2708 PRINCE STREET- USE PERMIT #ZP2024-0024 FINDINGS & CONDITIONS September 12, 2024 Page 2 of 14
File: \\cobnas11\g$\Departmental-Data\Planning\LANDUSE\Projects by Address\Prince\2708\ZP2024-0024\5-FINAL PUBLIC REPORTS + ATTACHMENTS [WORD]\2024-09-12 ZAB\2024-09-12_ZAB_ATT 1_Findings and Conditions_2708 Prince_final.docx A. As required by Section 23.406.040(E) of the BMC, the project, under the circumstances of this particular case existing at the time at which the application is granted, will not be detrimental to the health, safety, peace, morals, comfort, and general welfare of the persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements of the adjacent properties, the surrounding area or neighborhood, or to the general welfare of the City because:

1. The proposed project is consistent with the purpose of the R-2A District because the proposed project will help maintain the medium-density residential concentration of the existing neighborhood through the development of a duplex on a single lot. The proposed project will provide usable open space beyond the 300-square-foot minimum per dwelling unit required in the R-2A District, and will not conflict with any of the principles of the district purpose.

2. The proposed duplex will have an average height of 24-feet 4-inches, and will be below the 28-foot average height allowed in the R-2A District. Though the project will create new shadow impacts to abutting lots, the impacts will be minimal as they are limited to certain times of the day and not outside of what is expected in a built urban environment.

3. The proposed project will meet the required setbacks, and therefore the project will not unreasonably obstruct air.

4. Due to grade, current development patterns, and mature vegetation, views as defined in BMC Section 23.502.020, are generally not available in this neighborhood. As a result, the proposed project will not create detrimental impacts to views.

5. The project will be subject to the City’s standard conditions of approval regarding construction noise and air quality, waste diversion, toxics, and stormwater requirements, which will ensure that the project will not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the area or neighborhood of such proposed use or be detrimental or injurious to property and improvements of the adjacent properties, the surrounding area or neighborhood or to the general welfare of the City.

IV. OTHER FINDINGS FOR APPROVAL
A. As required by BMC 23.326.020(B), the elimination or demolition of a dwelling unit will not be materially detrimental to the housing needs and public interest of any affected neighborhood or the City. The project will replace one demolished dwelling unit with two dwelling units. The increase in the number of housing units would help meet the City’s need for additional housing and Regional Housing Needs Assessment target.

C. Pursuant to BMC Section 23.326.030(B), the elimination or demolition of a single dwelling unit is permissible because the existing unit has not been removed from the rental market under the Ellis Act at any time during the preceding five years, or there is no record of any verified cases of harassment or threatened or actual illegal eviction.

2708 PRINCE STREET- USE PERMIT #ZP2024-0024 FINDINGS & CONDITIONS September 12, 2024 Page 3 of 14
File: \\cobnas11\g$\Departmental-Data\Planning\LANDUSE\Projects by Address\Prince\2708\ZP2024-0024\5-FINAL PUBLIC REPORTS + ATTACHMENTS [WORD]\2024-09-12 ZAB\2024-09-12_ZAB_ATT 1_Findings and Conditions_2708 Prince_final.docx V. STANDARD CONDITIONS OF APPROVAL FOR ALL PROJECTS
The following conditions, as well as all other applicable provisions of the Zoning Ordinance, apply to this Permit:

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

2. Compliance Required (BMC Section 23.102.050). All land uses and structures in Berkeley must comply with the Zoning Ordinance and all applicable City ordinances and regulations.

Compliance with the Zoning Ordinance does not relieve an applicant from requirements to comply with other federal, state, and City regulations that also apply to the property.

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

23.404.060(B)(1) and (2)):

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

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

4. Conformance to Approved Plans (BMC Section 23.404.060(B)(4)).

All work performed under an approved permit shall comply with the approved plans and any conditions of approval.

5. Exercise and Expiration of Permits (BMC Section 23.404.060(C)):

A. A permit authorizing a land use is exercised when both a valid City business license is issued (if required) and the land use is established on the property.

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

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

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

6. Permit Remains Effective for Vacant Property (BMC Section 23.404.060(D)). Once a Permit for a use is exercised and the use is established, the permit authorizing the use

2708 PRINCE STREET- USE PERMIT #ZP2024-0024 FINDINGS & CONDITIONS September 12, 2024 Page 4 of 14
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7. Permit Modifications (BMC Section 23.404.070). No change in the use or structure for which this Permit is issued is permitted unless the Permit is modified by the Board. The Zoning Officer may approve changes to plans approved by the Board, consistent with the Board’s policy adopted on May 24, 1978, which reduce the size of the project.

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

9. Hold Harmless. The permittee agrees as a condition of approval of this application to indemnify, protect, defend with counsel selected by the City, and hold harmless, the City, and any agency or instrumentality thereof, and its elected and appointed officials, officers, employees and agents, from and against any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorney’s fees and disbursements (collectively, “Claims”) arising out of or in any way relating to the approval of this application, any actions taken by the City related to this entitlement, or any environmental review conducted under the California Environmental Quality Act, Public Resources Code Section 210000 et seq., for this entitlement and related actions. The indemnification shall include any Claims that may be asserted by any person or entity, including the permittee, arising out of or in connection with the approval of this application, whether or not there is concurrent, passive or active negligence on the part of the City, and any agency or instrumentality thereof, and its elected and appointed officials, officers, employees and agents. The permittee’s duty to defend the City shall not apply in those instances when the permittee has asserted the Claims, although the permittee shall still have a duty to indemnify, protect and hold harmless the City.

VI. ADDITIONAL CONDITIONS IMPOSED BY THE ZONING ADJUSTMENTS BOARD Pursuant to BMC 23.404.050(H), the Zoning Adjustments Board attaches the following additional conditions to this Permit:

2708 PRINCE STREET- USE PERMIT #ZP2024-0024 FINDINGS & CONDITIONS September 12, 2024 Page 5 of 14
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10.Project Liaison. The applicant shall include in all building permit plans and post onsite the name and telephone number of an individual empowered to manage construction-related complaints generated from the project. The individual’s name, telephone number, and responsibility for the project shall be posted at the project site for the duration of the project in a location easily visible to the public. The individual shall record all complaints received and actions taken in response, and submit written reports of such complaints and actions to the project planner on a weekly basis. Please designate the name of this individual below:
 Project Liaison ____________________________________________________ Name Phone #

11.Address Assignment. The applicant shall file an “Address Assignment Request Application” with the Permit Service Center (1947 Center Street) for any address change or new address associated with this Use Permit. The new address(es) shall be assigned in accordance with BMC 16.28.030, and, except for new buildings on vacant lots, entered into the City’s database after the building permit is issued but prior to final inspection.

Prior to Issuance of Any Building & Safety Permit (Demolition or Construction)

12.Demolition. Demolition of the existing building cannot commence until a complete application is submitted for the replacement building. In addition, all plans presented to the City to obtain a permit to allow the demolition are subject to these conditions.

13.Construction and Demolition Diversion. Applicant shall submit a Construction Waste Management Plan that meets the requirements of BMC Chapter 19.37 including 100 percent diversion of asphalt, concrete, excavated soil and land-clearing debris and a minimum of 65 percent diversion of other nonhazardous construction and demolition waste.

14.Toxics. The applicant shall contact the Toxics Management Division (TMD) at 1947 Center Street or (510) 981-7470 to determine which of the following documents are required and timing for their submittal:

A. Phase I and Phase II Environmental Site Assessment (ESA) (per ASTM 1527).

A recent
Phase I ESA (less than 2 years old) shall be submitted to the Toxics Management Division for developments for: all new commercial, industrial and mixed-use developments and all improvement projects that require work 5 or more feet below grade, and all new residential buildings with more than four dwelling units located in the Environmental Management Area (or EMA). The EMA can be viewed at: City of Berkeley Community GIS Portal (arcgis.com) B. Depending on the findings in the Phase I, a Phase II or additional investigation may be necessary. Any available soils and groundwater analytical data available for projects listed in this section must also be submitted to TMD.

2708 PRINCE STREET- USE PERMIT #ZP2024-0024 FINDINGS & CONDITIONS September 12, 2024 Page 6 of 14
File: \\cobnas11\g$\Departmental-Data\Planning\LANDUSE\Projects by Address\Prince\2708\ZP2024-0024\5-FINAL PUBLIC REPORTS + ATTACHMENTS [WORD]\2024-09-12 ZAB\2024-09-12_ZAB_ATT 1_Findings and Conditions_2708 Prince_final.docx C. Environmental Site Clearance. The applicant shall provide environmental screening clearance from either the San Francisco Bay Regional Water Quality Control Board (RWQCB), Department of Toxic Substances Control (DTSC), or the Alameda County Department of Environmental Health’s Local Oversight Program (LOP). Clearance from one of these regulatory agencies will ensure that the property meets development investigation and cleanup standards for the specific use proposed on the property. Environmental screening clearance shall be submitted to the City of Berkeley’s Toxics Management Division prior to issuance of any building permits.

D. Soil and Groundwater Management Plan. A site-specific Soil and Groundwater Management Plan (SGMP) shall be submitted to Toxics Management Division (TMD) for all non-residential projects, and residential or mixed-use projects with more than four dwelling units, that: (1) are in the Environmental Management Area (EMA), as shown on the most recent City of Berkeley EMA map, and (2) propose any excavations deeper than 5 feet below grade or if significant soils removal is anticipated. The SGMP shall be submitted to the TMD with the project’s building permit application and shall be approved by TMD prior to issuance of the building permit.

The SGMP shall comply with the hazardous materials and waste management standards required by BMC Section 15.12.100, the stormwater pollution prevention requirements of San Francisco Bay Regional Water Quality Control Board’s Order No. R2-2009-0074, California hazardous waste generator regulations (Title 22 California Code of Regulations (CCR) 66260 et seq.), and the East Bay Municipal Utility District’s Ordinance 311, and shall include the following:
i. procedures for soil and groundwater management including identification of pollutants and disposal methods;
ii. procedures to manage odors, dust and other potential nuisance conditions expected during development;
iii. notification to TMD within 24 hours of the discovery of any previously undiscovered contamination; and
iv. the name and phone number of the individual responsible for implementing the SGMP and who will respond to community questions or complaints.

TMD may require additional information or impose additional conditions as deemed necessary to protect human health and the environment. All requirements of the approved SGMP shall be deemed conditions of approval.

E. Demolitions & Renovations – Building Materials Survey. A hazardous materials survey for building materials and plans on hazardous materials and hazardous waste removal and disposal is required and must be prepared by qualified professionals, and submitted to the Toxics Management Division (TMD) prior to issuance of the building permit. i. The survey shall include the identification of all materials to be disturbed for lead- based paints, PCB containing equipment and caulking, hydraulic fluids, refrigerants, treated wood, and mercury containing devices (including fluorescent light bulbs and mercury switches), asbestos and other hazardous materials and chemicals.

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File: \\cobnas11\g$\Departmental-Data\Planning\LANDUSE\Projects by Address\Prince\2708\ZP2024-0024\5-FINAL PUBLIC REPORTS + ATTACHMENTS [WORD]\2024-09-12 ZAB\2024-09-12_ZAB_ATT 1_Findings and Conditions_2708 Prince_final.docx ii. If asbestos is identified, Bay Area Air Quality Management District Regulation 11-2- 401.3 a notification must be made and the J number must be made available to the City of Berkeley Permit Service Center. Contractors must follow state regulations where there is asbestos-related work involving 100 square feet or more of asbestos containing material (8 Cal. Code Regs. §1529, §341.6 et seq.) iii. The report to the TMD shall include, in addition to the survey, plans on hazardous materials and hazardous waste removal and disposal that comply with State and Federal codes including California Code of Regulations (CCR) 66260 et seq. iv. Documentation evidencing disposal of hazardous waste in compliance with the survey shall be submitted to TMD within 30 days of the completion of the demolition.

Please note, the PCB Screening Form required by Public Works, Engineering, is a separate requirement and does not address the PCB identification requirement of the Toxics Management Division.

F. Hazardous Materials Business Plan.

A Hazardous Materials Business Plan (HMBP) in
compliance with BMC Section 15.12.040 and California Health & Safety Code, Chapter 6.95 Div. 20, shall be submitted to the Toxics Management Division through the California Environmental Reporting System: http://cers.calepa.ca.gov/ for chemicals used or stored on site during construction that exceed reporting thresholds. The reporting is required if your facility stores or handles hazardous materials in aggregate quantities equal to or greater than 55 gallons for liquids, 500 pounds for solids, or 200 cubic feet of compressed gases, or generates any quantity of hazardous waste. This includes welding gases, emergency generator fuel, paints, etc.

Additionally, the business occupant must submit an HMBP within 30 days of starting operations.

G. Petroleum Storage. An (SPCC) Plan is required to be prepared and implemented for facilities with any one of the following:
i. aggregate aboveground petroleum storage capacities of 1,320 gallons or more stored in aboveground storage containers, tanks, oil-filled equipment, or ii. one or more tank(s) in an underground area (TIUGA) with petroleum storage capacities of 55 gallons or greater. More information on TIUGAs can be found here:
https://osfm.fire.ca.gov/divisions/pipeline-safety-and-cupa/certified-unified-program- agency-cupa/aboveground-petroleum-storage-act/tank-in-an-underground-area-tiuga/ The SPCC plan must be prepared prior to beginning operations and you must submit facility information to Toxics Management Division (TMD) through the California Environmental Reporting System: http://cers.calepa.ca.gov/. The SPCC plan will be reviewed during the site inspection and shall not be submitted in CERS or to the TMD.

2708 PRINCE STREET- USE PERMIT #ZP2024-0024 FINDINGS & CONDITIONS September 12, 2024 Page 8 of 14
File: \\cobnas11\g$\Departmental-Data\Planning\LANDUSE\Projects by Address\Prince\2708\ZP2024-0024\5-FINAL PUBLIC REPORTS + ATTACHMENTS [WORD]\2024-09-12 ZAB\2024-09-12_ZAB_ATT 1_Findings and Conditions_2708 Prince_final.docx Prior to Issuance of Any Building (Construction) Permit

15.HVAC Noise Reduction. Prior to the issuance of building permits, the project applicant shall submit plans that show the location, type, and design of proposed heating, ventilation, and cooling (HVAC) equipment. In addition, the applicant shall provide product specification sheets or a report from a qualified acoustical consultant showing that operation of the proposed HVAC equipment will meet the City’s exterior noise requirements in BMC Section 13.40.050. The City’s Planning and Development Department shall review the submitted plans, including the selected HVAC equipment, to verify compliance with exterior noise standards.

16.Solar Photovoltaic (Solar PV) and Battery Energy Storage Systems (ESS). A solar PV system shall be installed, subject to specific limited exceptions, as specified by the Berkeley Energy Code (BMC Chapter 19.36). Energy storage system (ESS) readiness (new single- family, duplex, and townhouse homes) or ESS installation (new multifamily and most nonresidential buildings) shall be completed as specified by BMC Chapter 19.36. Location of the solar PV system and the ESS, if applicable, shall be noted on the construction plans. (Project required to meet applicable code at time of building permit application, if different from above.)

17.Recycling and Organics Collection. Applicant shall provide recycling and organics collection areas for occupants, clearly marked on plans, which comply with the Alameda County Organics Reduction and Recycling Ordinance (2021-02). Contact the Zero Waste Division at [email protected].

18.Public Works ADA. Plans submitted for building permit shall include replacement of sidewalk, curb, gutter, and other streetscape improvements, as necessary to comply with current City of Berkeley standards for accessibility.

Prior to Demolition or Start of Construction:

19.Construction/No Parking Permits. Contact the Permit Service Center (PSC) at 1947 Center Street or 981-7500 for details on obtaining Construction/No Parking Permits (and associated signs and accompanying dashboard permits). Please note that the Zoning Officer and/or Traffic Engineer may limit off-site parking of construction-related vehicles if necessary to protect the health, safety or convenience of the surrounding neighborhood.

During Construction:

20.Construction Hours. Construction activity shall be limited to between the hours of 8:00 AM and 6:00 PM on Monday through Friday, and between 9:00 AM and Noon on Saturday. No construction-related activity shall occur on Sunday or any Federal Holiday.

21.Public Works - Implement Bay Area Air Quality Management District (BAAQMD)- Recommended Measures during Construction. For all proposed projects, BAAQMD recommends implementing all the Basic Construction Mitigation Measures, listed below to meet the best management practices threshold for fugitive dust:

A. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day.

B. All haul trucks transporting soil, sand, or other loose material off-site shall be covered.

2708 PRINCE STREET- USE PERMIT #ZP2024-0024 FINDINGS & CONDITIONS September 12, 2024 Page 9 of 14
File: \\cobnas11\g$\Departmental-Data\Planning\LANDUSE\Projects by Address\Prince\2708\ZP2024-0024\5-FINAL PUBLIC REPORTS + ATTACHMENTS [WORD]\2024-09-12 ZAB\2024-09-12_ZAB_ATT 1_Findings and Conditions_2708 Prince_final.docx C. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.

D. All vehicle speeds on unpaved roads shall be limited to 15 mph.

E. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible.

Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.

F. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points.

G. All construction equipment shall be maintained and properly tuned in accordance with manufacturer specifications. All equipment shall be checked by a certified visible emissions evaluator.

H. Post a publicly visible sign with the telephone number and person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations.

22.Air Quality - Diesel Particulate Matter Controls during Construction. All off-road construction equipment used for projects with construction lasting more than 2 months shall comply with one of the following measures:

A. The project applicant shall prepare a health risk assessment that demonstrates the project’s on-site emissions of diesel particulate matter during construction will not exceed health risk screening criteria after a screening-level health risk assessment is conducted in accordance with current guidance from BAAQMD and OEHHA. The health risk assessment shall be submitted to the Land Use Planning Division for review and approval prior to the issuance of building permits; or
B. All construction equipment shall be equipped with Tier 2 or higher engines and the most effective Verified Diesel Emission Control Strategies (VDECS) available for the engine type (Tier 4 engines automatically meet this requirement) as certified by the California Air Resources Board (CARB). The equipment shall be properly maintained and tuned in accordance with manufacturer specifications.

C. In addition, a Construction Emissions Minimization Plan (Emissions Plan) shall be prepared that includes the following:
i. An equipment inventory summarizing the type of off-road equipment required for each phase of construction, including the equipment manufacturer, equipment identification number, engine model year, engine certification (tier rating), horsepower, and engine serial number. For all VDECS, the equipment inventory shall also include the technology type, serial number, make, model, manufacturer, CARB verification number level, and installation date.

2708 PRINCE STREET- USE PERMIT #ZP2024-0024 FINDINGS & CONDITIONS September 12, 2024 Page 10 of 14
File: \\cobnas11\g$\Departmental-Data\Planning\LANDUSE\Projects by Address\Prince\2708\ZP2024-0024\5-FINAL PUBLIC REPORTS + ATTACHMENTS [WORD]\2024-09-12 ZAB\2024-09-12_ZAB_ATT 1_Findings and Conditions_2708 Prince_final.docx ii. A Certification Statement that the Contractor agrees to comply fully with the Emissions Plan and acknowledges that a significant violation of the Emissions Plan shall constitute a material breach of contract. The Emissions Plan shall be submitted to the Public Works Department for review and approval prior to the issuance of building permits.

23.Construction and Demolition Diversion. Divert debris according to your plan and collect required documentation. Get construction debris receipts from sorting facilities in order to verify diversion requirements. Upload recycling and disposal receipts if using Green Halo and submit online for City review and approval prior to final inspection. Alternatively, complete the Construction Waste Management Plan and present it, along with your construction debris receipts, to the Building Inspector by the final inspection to demonstrate diversion rate compliance. The Zoning Officer may request summary reports at more frequent intervals, as necessary to ensure compliance with this requirement.

24.Low-Carbon Concrete. The project shall maintain compliance with the Berkeley Green Code (BMC Chapter 19.37) including use of concrete mix design with a cement reduction of at least 25 percent. Documentation on concrete mix design shall be available at all times at the construction site for review by City Staff. (Project required to meet applicable code at time of building permit application, if different from above.)

25.Avoid Disturbance of Nesting Birds. Initial site disturbance activities, including vegetation and concrete removal, shall be prohibited during the general avian nesting season (February 1 to August 30), if feasible. If nesting season avoidance is not feasible, the applicant shall retain a qualified biologist to conduct a preconstruction nesting bird survey to determine the presence/absence, location, and activity status of any active nests on or adjacent to the project site. The extent of the survey buffer area surrounding the site shall be established by the qualified biologist to ensure that direct and indirect effects to nesting birds are avoided. To avoid the destruction of active nests and to protect the reproductive success of birds protected by the MBTA and CFGC, nesting bird surveys shall be performed not more than 14 days prior to scheduled vegetation and concrete removal. In the event that active nests are discovered, a suitable buffer (typically a minimum buffer of 50 feet for passerines and a minimum buffer of 250 feet for raptors) shall be established around such active nests and no construction shall be allowed inside the buffer areas until a qualified biologist has determined that the nest is no longer active (e.g., the nestlings have fledged and are no longer reliant on the nest). No ground-disturbing activities shall occur within this buffer until the qualified biologist has confirmed that breeding/nesting is completed and the young have fledged the nest. Nesting bird surveys are not required for construction activities occurring between August 31 and January 31.

26.Archaeological Resources (Ongoing throughout demolition, grading, and/or construction). Pursuant to CEQA Guidelines section 15064.5(f), “provisions for historical or unique archaeological resources accidentally discovered during construction” should be instituted. Therefore:

2708 PRINCE STREET- USE PERMIT #ZP2024-0024 FINDINGS & CONDITIONS September 12, 2024 Page 11 of 14
File: \\cobnas11\g$\Departmental-Data\Planning\LANDUSE\Projects by Address\Prince\2708\ZP2024-0024\5-FINAL PUBLIC REPORTS + ATTACHMENTS [WORD]\2024-09-12 ZAB\2024-09-12_ZAB_ATT 1_Findings and Conditions_2708 Prince_final.docx A. In the event that any prehistoric or historic subsurface cultural resources are discovered during ground disturbing activities, all work within 50 feet of the resources shall be halted and the project applicant and/or lead agency shall consult with a qualified archaeologist, historian or paleontologist to assess the significance of the find.

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

C. In considering any suggested measure proposed by the qualified professional, the project applicant shall determine whether avoidance is necessary or feasible in light of factors such as the uniqueness of the find, project design, costs, and other considerations.

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

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

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

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

2708 PRINCE STREET- USE PERMIT #ZP2024-0024 FINDINGS & CONDITIONS September 12, 2024 Page 12 of 14
File: \\cobnas11\g$\Departmental-Data\Planning\LANDUSE\Projects by Address\Prince\2708\ZP2024-0024\5-FINAL PUBLIC REPORTS + ATTACHMENTS [WORD]\2024-09-12 ZAB\2024-09-12_ZAB_ATT 1_Findings and Conditions_2708 Prince_final.docx

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

30.Stormwater Requirements. The applicant shall demonstrate compliance with the requirements of the City’s National Pollution Discharge Elimination System (NPDES) permit as described in BMC Section 17.20. The following conditions apply:

A. The project plans shall identify and show site-specific Best Management Practices (BMPs) appropriate to activities conducted on-site to limit to the maximum extent practicable the discharge of pollutants to the City's storm drainage system, regardless of season or weather conditions.

B. Trash enclosures and/or recycling area(s) shall be covered; no other area shall drain onto this area. Drains in any wash or process area shall not discharge to the storm drain system; these drains should connect to the sanitary sewer. Applicant shall contact the City of Berkeley and EBMUD for specific connection and discharge requirements. Discharges to the sanitary sewer are subject to the review, approval and conditions of the City of Berkeley and EBMUD.

C. Landscaping shall be designed with efficient irrigation to reduce runoff, promote surface infiltration and minimize the use of fertilizers and pesticides that contribute to stormwater pollution. Where feasible, landscaping should be designed and operated to treat runoff.

When and where possible, xeriscape and drought tolerant plants shall be incorporated into new development plans.

D. Design, location and maintenance requirements and schedules for any stormwater quality treatment structural controls shall be submitted to the Department of Public Works for review with respect to reasonable adequacy of the controls. The review does not relieve the property owner of the responsibility for complying with BMC Chapter 17.20 and future revisions to the City's overall stormwater quality ordinances. This review shall be shall be conducted prior to the issuance of a Building Permit.

E. All paved outdoor storage areas must be designed to reduce/limit the potential for runoff to contact pollutants.

F. All on-site storm drain inlets/catch basins must be cleaned at least once a year immediately prior to the rainy season. The property owner shall be responsible for all costs associated with proper operation and maintenance of all storm drainage facilities (pipelines, inlets, catch basins, outlets, etc.) associated with the project, unless the City accepts such facilities by Council action. Additional cleaning may be required by City of Berkeley Public Works Engineering Dept.

2708 PRINCE STREET- USE PERMIT #ZP2024-0024 FINDINGS & CONDITIONS September 12, 2024 Page 13 of 14
File: \\cobnas11\g$\Departmental-Data\Planning\LANDUSE\Projects by Address\Prince\2708\ZP2024-0024\5-FINAL PUBLIC REPORTS + ATTACHMENTS [WORD]\2024-09-12 ZAB\2024-09-12_ZAB_ATT 1_Findings and Conditions_2708 Prince_final.docx G. All on-site storm drain inlets must be labeled “No Dumping – Drains to Bay” or equivalent using methods approved by the City.

H. Most washing and/or steam cleaning must be done at an appropriately equipped facility that drains to the sanitary sewer. Any outdoor washing or pressure washing must be managed in such a way that there is no discharge or soaps or other pollutants to the storm drain. Sanitary connections are subject to the review, approval and conditions of the sanitary district with jurisdiction for receiving the discharge.

I. All loading areas must be designated to minimize “run-on” or runoff from the area.

Accumulated waste water that may contribute to the pollution of stormwater must be drained to the sanitary sewer or intercepted and pretreated prior to discharge to the storm drain system. The property owner shall ensure that BMPs are implemented to prevent potential stormwater pollution. These BMPs shall include, but are not limited to, a regular program of sweeping, litter control and spill cleanup.

J. Sidewalks and parking lots shall be swept regularly to prevent the accumulation of litter and debris. If pressure washed, debris must be trapped and collected to prevent entry to the storm drain system. If any cleaning agent or degreaser is used, wash water shall not discharge to the storm drains; wash waters should be collected and discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the review, approval and conditions of the sanitary district with jurisdiction for receiving the discharge.

K. The applicant is responsible for ensuring that all contractors and sub-contractors are aware of and implement all stormwater quality control measures. Failure to comply with the approved construction BMPs shall result in the issuance of correction notices, citations, or a project stop work order.

31.Public Works. Subject to approval of the Public Works Department, the applicant shall repair any damage to public streets and/or sidewalks by construction vehicles traveling to or from the project site.

32.Public Works. All piles of debris, soil, sand, or other loose materials shall be covered at night and during rainy weather with plastic at least one-eighth millimeter thick and secured to the ground.

33.Public Works. The applicant shall ensure that all excavation accounts for surface and subsurface waters and underground streams so as not to adversely affect adjacent properties and rights-of-way.

34.Public Works. The project sponsor shall maintain sandbags or other devices around the site perimeter during the rainy season to prevent on-site soils from being washed off-site and into the storm drain system. The project sponsor shall comply with all City ordinances regarding construction and grading.

35.Public Works. Prior to any excavation, grading, clearing, or other activities involving soil disturbance during the rainy season the applicant shall obtain approval of an erosion prevention plan by the Building and Safety Division and the Public Works Department. The applicant shall be responsible for following these and any other measures required by the Building and Safety Division and the Public Works Department.

2708 PRINCE STREET- USE PERMIT #ZP2024-0024 FINDINGS & CONDITIONS September 12, 2024 Page 14 of 14
File: \\cobnas11\g$\Departmental-Data\Planning\LANDUSE\Projects by Address\Prince\2708\ZP2024-0024\5-FINAL PUBLIC REPORTS + ATTACHMENTS [WORD]\2024-09-12 ZAB\2024-09-12_ZAB_ATT 1_Findings and Conditions_2708 Prince_final.docx

36.Public Works. The removal or obstruction of any fire hydrant shall require the submission of a plan to the City’s Public Works Department for the relocation of the fire hydrant during construction.

37.Public Works / Building and Safety. If underground utilities leading to adjacent properties are uncovered and/or broken, the contractor involved shall immediately notify the Public Works Department and the Building & Safety Division, and carry out any necessary corrective action to their satisfaction.

Prior to Final Inspection or Issuance of Occupancy Permit:

38.Compliance with Conditions. The project shall conform to the plans and statements in the Use Permit. The developer is responsible for providing sufficient evidence to demonstrate compliance with the requirements throughout the implementation of this Use Permit.

39.All landscape, site and architectural improvements shall be completed per the attached approved drawings received August 26, 2024.

At All Times:

40.Compliance with Approved Plan. The project shall conform to the plans and statements in the Use Permit.

41.Exterior Lighting. All exterior lighting shall be energy efficient where feasible; and shielded and directed downward and away from property lines to prevent excessive glare beyond the subject property.

42.Rooftop Projections. No additional rooftop or elevator equipment shall be added to exceed the approved maximum roof height without submission of an application for a Use Permit Modification, subject to Board review and approval.

43.Drainage Patterns. The applicant shall establish and maintain drainage patterns that do not adversely affect adjacent properties and rights-of-way. Drainage plans shall be submitted for approval of the Building & Safety Division and Public Works Department, if required.

44.Electrical Meter. Only one electrical meter fixture may be installed per dwelling unit.

45.Loading. All loading/unloading activities associated with deliveries to all uses shall be restricted to the hours of 7:00 a.m. to 10:00 p.m. daily.

46.Residential Permit Parking. No Residential Permit Parking (RPP) permits shall be issued to project residents, nor shall commercial placards be issued to non-residential occupants and/or users of the site. The Finance Department, Customer Service Center shall add these addresses to the list of addresses ineligible for RPP permits. The property owner shall notify all tenants of rental units, and/or buyers of condominium units, of this restriction in leases and/or contracts.

ISSUED FOR: DATE:

Z.P.A SUBMITTAL
PRINCE

02.16.2024
SHEET # 1 OF 21
-
G01

COVER SHEET
Z.P.A RE-SUBMITTAL 04.20.2024
Z.P.A RE-SUBMITTAL 05.17.2024
ZAB MEETING 09.12.202403
SEAL

NOT FOR

CONSTRUCTION
2708 PRINCE ST
BERKELEY CA 94705
APN: 052-1563-036
3037 Redwood St.

San Diego, CA 92104
www.jeffsvitak.com
THIS DRAWING WAS PREPARED under the Architect’s
supervision, and is an “Instrument of Service” intended solely for use on this Project. The Architect’s Services are performed solely in the interest of the Architect’s Client - no obligation is assumed by the Architect for the benefit of any other entity involved in the Construction Work. The information, ideas and designs indicated - including the overall form, arrangement and composition of spaces or
building elements - constitutes the original, confidential, and unpublished Work and property of the Architect.

Possession of this Drawing confers no right or license to disclose to others the subject matter contained herein for any but authorized purposes. Unauthorized use,
reproduction or distribution in whole or in part is strictly prohibited.

Copyright © 2024 by JEFF SVITAK INC.

G01
G02

COVER SHEET

RENDERINGS (FOR REFERENCE ONLY)
A106
R01
R02
R03
R04

STREET STRIP ELEVATION

SITE SURVEY

SITE PHOTOGRAPHS

SHADOW STUDY

SHADOW STUDY - NEIGHBORS ELEVATIONS
A100
A100.1
A101
A102
A103
A104
A105

ARCHITECTURAL SITE PLAN

COMMUNITY OUTREACH

LANDSCAPE AND USABLE OPEN SPACE PLAN

LOT COVERAGE DIAGRAM AND CALCULATIONS

FLOOR PLANS

EXISTING BUILDING PLANS

PROPOSED EXTERIOR ELEVATIONS
1 ZONE R-2A EXISTING PROPOSED
NUMBER OF DWELLINGS 1 2 + 1
PARKING 1 0
BIKE PARKING [1] 0 0
FRONT YARD SETBACK (F.Y.S.B) (FT) 15' 15'
DUPLEX BUILDING 3.45' [2] 3.45'
ADU 4' 4'
DUPLEX BUILDING 4' 5'
ADU 4' 5'
DUPLEX BUILDING 15' 20'-8"
ADU 4' 4'
DUPLEX BUILDING 28' [3] 25'-4"
ADU 25' 25'
DUPLEX BUILDING 3 2
ADU n/a 3

LOT AREA (SF)
DUPLEX BUILDING n/a 3,106
TOTAL
GARAGE AREA (SF) [5] 237 0
DUPLEX BUILDING n/a 1,714
ADU n/a 459
TOTAL 2,173
DUPLEX BUILDING 40% max (2 stories) 40%
ADU n/a n/a
TOTAL
DUPLEX BUILDING n/a 0.7
ADU n/a 0.2
LANDSCAPE AREAS (SF) 2,139 1,403
DUPLEX BUILDING min 600 SF 657
ADU n/a n/a
DUPLEX BUILDING n/a 1,714
ADU n/a 459
TOTAL
[4] Per BMC 23.306.030
n/a
15'
4,312
3,880
40%

3.1'

7.1'
55'
850 sf. max. for Studio
or 1B and 1,000 sf. for
2+ bedrooms [4]
ADU
14'
1 1,052 774
[3] Maximum 35 ft. with AUP. Per BMC 23.202.090, Table 23.202-8 [6] Per BMC 23.202.080
n/a
[5] Garage area not counted towards Groos Floor area Per BMC 23F.04.

Side setback (S.Y.S.B): 1st and 2nd stories = 10% of lot width ( 34'-6" x .1 = 3.45') or 3 ft. Whichever is greater.

Side setback (Easement): (1998-273924, PARCEL 3) 5' WIDE EASEMENT (3016 DEEDS 126) per Survey Plan 2,173

IMPERVIOUS SURFACE
[1] Dwelling Units (fewer than four) and Accessory Dwelling Units - No Spaces Required. Per BMC - Bicycle Plan, Appendix F
[2] Rear and Side Setback Reductions allowed on district R-2A and on a lot with two or more main buildings with dwelling units. AUP permit required. Per BMC 23.304.030, Table 23.304-1 F.A.R

USABLE OPEN SPACE (SF)

0.2 2,139
1,309 BUILDING FOOTPRINT (SF)
LOT COVERAGE (SF) [6] 24%

REQUIRED/ALLOWED
n/a
n/a
n/a
SIDE YARD SETBACK (S.Y.S.B) (FT)
REAR YARD SETBACK (FT) [2]

SIDE YARD SETBACK (EASEMENT) (FT)

GROSS FLOOR AREA (SF)

AVERAGE BUILDING HEIGHT (FT)

BUILDING STORIES
L1.0
L1.1
L1.2
L1.3
L1.4

LANDSCAPE PLAN

PLANT SCHEDULE

PLANTING NOTES AND DETAILS

PLANTING NOTES AND DETAILS

MWELO CHECKLIST CALCS

FLOOR / STORY LEVEL
STEP

UNIT NUMBER

WALL TAG

WINDOW TAG

DOOR TAG

FLOOR TAG

FINISH TRANSITION

KEYNOTE

RISE (STAIRS)

DOWN (STAIRS)

DIMENSION

GRID LINE

ELEVATION / SECTION MARKER

INTERIOR ELEVATION MARKER

DETAIL CLOUD

DETAIL SECTION

REVISION CLOUD

PROPERTY LINE
1 03
03 1'-0"
+100.00'
1 A100
A100
1 A100
A
1 A100
D-1
101
W-1
F-1
W-1
F-1 F-1
OWNER:

LINDA JOSEPH
2700 Prince Street
Berkeley, CA 94705
CONTACT: Linda Joseph
PHONE: 415.235.3897
EMAIL: [email protected]
SURVEYOR:

BAY AREA LAND SURVEYING, INC.
350 Townsend Street, 839
San Francisco, CA 94107
CONTACT: Keith Bush
PHONE: 510.223.5167
EMAIL: [email protected]
LANDSCAPE ARCHITECT:

COSTELLO KENNEDY
16 De La Guerra Road
San Rafael, CA 94903
CONTACT: Teresa Kennedy
PHONE: 415.686.0423
EMAIL:[email protected]
PROJECT NAME: PRINCE ROW HOUSES
PROJECT ADDRESS: 2708 PRINCE ST BERKELEY CA 94705
APN: 538-250-10-00
LOT AREA: 4,312 SF
DETAILED SCOPE OF WORK: - DEMOLITION OF EXISTING ONE STORY HOUSE AND GARAGE. - NEW CONSTRUCTION OF DUPLEX BUILDING WITH TWO-DWELLING UNITS (2 STORIES, 24'-4" ft. AVERAGE HEIGHT)
- NEW CONSTRUCTION OF ATTACHED A.D.U (3 STORIES, 25' HEIGHT) ZONING DATA: R-2A (MEDIUM DENSITY RESIDENTIAL)
EXISTING USE TYPE: RESIDENTIAL
PROPOSED USE TYPE: RESIDENTIAL
BUILDING CODE CONSTRUCTION TYPE: TYPE V-B
GOVERNING CODES: 2024 CALIFORNIA STANDARDS BUILDING CODE

BERKELEY MUNICIPAL CODE (BMC)
REQUIRED DISCRETIONARY PERMITS: A.U.P

PROJECT DIRECTORY

DEVELOPMENT SUMMARYEXTERIOR RENDERING (FOR REFERENCE ONLY)

VICINITY MAP (NOT TO SCALE)

SHEET INDEX

G GENERAL
SHEET NO. & TITLE

R RESOURCE

A ARCHITECTURE

DATE SUBMISSION

02.16.24 Z.P.A SUBMITTAL
= NEW OR REVISED
= NO CHANGE
ARCHITECT:

JEFF SVITAK INC.
3037 Redwood Street
San Diego, CA 92013
CONTACT: Tomas Tironi
PHONE: 619.372.0779
EMAIL: tomas@jeffsvitak.com

SYMBOL LEGEND
UP
DN

L LANDSCAPE

PROPOSED BUILDINGEXISTING BUILDING

ZONING CODE DATA

04.20.24 Z.P.A RE-SUBMITTAL
Z.P.A RE-SUBMITTAL05.17.24
ZAB MEETING09.12.24
K01
Attachment 1, Exhibit B